02-20-07 Agenda Reg
City of Delray Beach
Regular Commission Meeting
:=:J
Tuesday. February 20. 2007
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 conceming any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010,
24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. January 30, 2007 - Roundtable Meeting
. February 6, 2007 - Regular Meeting
. February 13,2007 - Special/Workshop Meeting
6. PROCLAMATIONS:
A. Recognizing American Red Cross Month - March 2007
B. Recognizing and Commending Alpha Xi Delta Sorority and Sigma Phi Epsilon
Fraternity
C. Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting
7. PRESENTATIONS:
A. Special Recognition Awards - Tom Murphy
B. International Tennis Tournament - Mark Baron
8. CONSENT AGENDA: City Manager Recommends Approval.
A. ACCEPTANCE OF RIGHT-OF-WAY DEED/214 SE 7th AVENUE: Approve
and accept a right-of-way deed for five feet (5') for SE 7th Avenue associated with the
development of 214 SE 7th Avenue, located on the west side of SE 7th Avenue between
SE 2nd Street and SE 3rd Street, within the Marina Historic District.
B. ACCEPTANCE OF RIGHT-OF-WAY DEED/1104 NASSAU STREET:
Approve and accept a right-of-way deed for 1104 Nassau Street.
C. REQUEST FOR SIDEWALK DEFERRAL/1104 NASSAU STREET: Approve a
request to defer the installation of a sidewalk for the Nassau Street and Gleason Street
frontage of 1104 Nassau Street.
D. REOUEST FOR SIDEWALK DEFERRAL/1248 SEASPRAY AVENUE:
Approve a request to defer the installation of a sidewalk in front of 1248 Seaspray
Avenue.
02-20-2007
- 2 -
E. ACCEPTANCE OF EASEMENT DEED/S02 NORTH OCEAN
BOULEVARD: Approve and accept a proposed 12 foot sewer easement at 502 North
Ocean Boulevard.
F. LANDSCAPE MAINTENANCE AGREEMENT /SEAGATE BEACH CLUB:
Approve and accept a landscape maintenance agreement for landscaping to be located
within the Ocean Boulevard right-of-way located at the Seagate Beach Club.
G. TRI-PARTY PARKING AGREEMENT /SEAGATE BEACH CLUB: Approve
and accept a tri-party parking agreement between the City, the Seagate Beach Club and
the Seagate Residences, located at the southeast and southwest corners of Ocean
Boulevard and Casuarina Road.
H. CHANGE ORDER NO. l/FINAL (CONTRACT CLOSEOUT)/B.K.
MARINE CONSTRUCTION, INC.: Approve Change Order No. l/Final
(Contract Closeout) in the amount of a $6,875.00 decrease and final payment in the
amount of $2,937.00 to B.K. Marine Construction, Inc. for completion of the City
Marina & Veterans Park Dock Project. Funding is available from 551-1575-591-45.50
(Business Insurance Fund/Property Claims).
1. CHANGE ORDER NO. l/FINAL (CONTRACT CLOSEOUT)/WELLING
CONSTRUCTION, INC.: Approve Change Order No. l/Final (Contract Closeout)
in the amount of a $6,186.80 decrease and final payment in the amount of $16,744.80
to Welling Construction, Inc. for the LaHacienda Gardens Park Project. Funding is
available from 334-4131-572-68.12 (General Construction Fund/Neighborhood Parks-
LaHacienda).
J. CHANGE ORDER NO. 3/DURACLEAN D/B/A THE PRINCIPLE GROUP.
T.T.C: Approve Change Order No.3 in the amount of $36,600.25 to Duraclean d/b/a
The Principle Group, LLC for additional water damage and microbial remediation at
the Municipal Golf Course Clubhouse. Funding is available from 551-1575-591-45.50
(Business Insurance Fund/Property Claims).
K. SUPPLEMENT NO. 2/SERVICE AUTHORIZATION NO. 2/CH2M HILL,
INC. Approve Supplement No.2 to Service Authorization No.2 in the amount of
$27,300.00 to CH2M Hill, Inc. for limited construction administration services
regarding the Pompey Park Building Improvements. Funding is available from 380-
4150-572-62.61 (2004 G.O. Bond/Pompey Park Building Improvements).
L. BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENT
PROJECT /CHAZ EOUIPMENT COMPANY: Approve a construction contract
in the amount of $415,957.00 with Chaz Equipment Company for the construction of
the Block 64 Drainage and Water Main Improvements Project. The funding is available
from 442-5178-536-65.33 (Water/Sewer Renewal and Replacement Fund/Block 64
Improvements) and 448-5461-538-65.33 (Stormwater Utility Fund/Block 64
Improvements).
02-20-2007
- 3 -
M. AMENDMENT NO. 2/CHRIS EVERT CHARITIES. INC. AGREEMENT:
Approve Amendment No.2 to the agreement between the City and Chris Evert
Charities, Inc. to provide for the date of the Event (November 2-4, 2007) and the due
date for certain payments made by the City to Chris Evert Charities; and provide that
the City will not hold a major tennis event 30 days prior to or after the Chris Evert
Event.
N. TERMINATE CONTRACT FOR SALE AND PURCHASE/COMMUNITY
LAND TRUST. INC.l802 SW 3RD STREET: Approve an agreement to terminate
the contract for sale and purchase between the City and the Delray Beach Community
Land Trust, Inc. for the property located at 802 SW 3rd Street.
O. ACCEPTANCE OF COUNTY DEEDS/232 NW 8TH AVENUE/315 SW 3RD
STREET: Accept two (2) proposed county deeds between the City and Palm Beach
County for two (2) properties located at 232 NW 8th Avenue and 315 SW 3rd Street.
P. AGREEMENT/HATCHER CONSTRUCTION AND DEVELOPMENT,
INC.: Approve an agreement between the City and Hatcher Construction and
Development, Inc. in the amount of $16,535.00 for the renovations to the
Neighborhood Resource Center (NRC) Phase II located at 145 NW 12th Avenue.
Funding is available from 118-1965-554-63.42 (Community Development
Fund/Neighborhood Resource Center).
Q. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of
the funding agreement with The Center for Technology, Enterprise and Development,
Inc. (f.E.D. Center) under the Community Development Block Grant (CDBG)
program for FY 2006-2007 in partnership with the Community Redevelopment Agency
(CRA), with the total funding in the amount of $60,000.00 from various accounts within
the CDBG fund.
R. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
three Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $47,433.75 to Craftsman Plus, Inc. (501 SW 7th
Avenue and 113 SW 13th Avenue), and in the amount of $27,384.00 to South Florida
Construction Services, Inc. (1316 Prospect Street). Funding is available from 118-1963-
554-49.19 (Community Development Fund/Housing Rehabilitation).
S. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $17,094.00 to allow the applicant to secure new
financing.
T. SPECIAL EVENT REOUEST /EAST END VOLLEYBALL TOURNAMENT:
Approve a request from East End Volleyball for the East End Volleyball Tournament
to be held at the municipal beach on March 24 and 25, 2007.
02-20-2007
- 4 -
U. RATIFICATION OF THE OLD SCHOOL SQUARE BOARD OF
DIRECTORS FOR 2007: Approve and ratify the proposed slate of Directors for the
Old School Square Board for 2007.
V. RESOLUTION NO. 13-07/FIRST AMENDMENT AND
EXTENSION/MEMORANDUM OF AGREEMENT/SOUTH FLORIDA
URBAN SEARCH AND RESCUE TASK FORCE: Approve Resolution No. 13-07
and the First Amendment and Extension to the South Florida Urban Search and Rescue
Task Force Memorandum of Agreement for the City's continued participation in the
South Florida Urban Search and Rescue Task Force extending the time for expiration of
the original agreement from December 31, 2005 until Federal Emergency Management
Agency (FEMA) develops a new Memorandum of Agreement or until terminated by
any party upon thirty (30) days notice.
W. RESOLUTION NO. 15-07: Approve Resolution No. 15-07 declaring opposition to
House Bill 529 known as the "Consumer Choice Act of 2007", and urging the
Governor and the Palm Beach County Legislative Delegation to oppose the bill.
X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 5, 2007 through February 16,2007.
y. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Americas Generators in the amount of $101,059.38 for the
purchase of a 565KW unit to replace the under capacity generator at the Police
Department. Funding is available from 334-6112-522-64.90 (General
Construction Fund/ Other Machinery/Equipment).
2. Purchase award to Wesco Turf Supply, Inc. in the amount $15,698.09 for the
purchase of one (1) Model #30361 Toro Groundsmaster 7200 Heavy Duty
Zero Turn Mower with 72" Recycler Deck via the Florida State Contract #515-
630-06-1 for the Parks and Recreation Department. Funding is available from
001-4138-572-64.90 (General Fund/Other Machinery/Equipment).
9. REGULAR AGENDA:
A. WAIVER REOUEST /1248 SEASPRAY AVENUE: Consider a request for waiver
of Land Development Regulations (LDR) Section 4.1.4(C), "Use of Lots of Record",
regarding minimum lot dimension requirements for 1248 Seaspray Avenue. (Quasi-
Judicial Hearing)
B. SPECIAL EVENT REOUEST /DELRAY AFFAIR: Consider approval of a special
event request from the Chamber of Commerce to endorse the 45th Delray Affair to be
held on April 13-15, 2007, contingent upon the staff recommended conditions, receipt
of a certificate of general liability insurance, liquor liability insurance, and a hold
harmless agreement.
02-20-2007
- 5 -
C. CM AT RISK CONTRACT/SOCCER COMPLEX/MILLER PARK
PROJECT /FIRE STATION #4 REPLACEMENT PROJECT: Consider
approval of the Review Committee's rankings of the Request For Proposals (RFP's) for
the Construction Manager (CM) At Risk Contract for construction of the Soccer
Complex/Miller Park and Fire Station #4 Replacement Project and authorize staff to
proceed with contract negotiations with the top ranked firms, The Weitz Company, for
the Soccer Complex/Miller Park Project and with Catalfumo Construction for the Fire
Station #4 Replacement Project.
D. CITY V. GOVERNMENT TECHNOLOGY RESOURCES. INC. AND
INNOPRISE SOFTWARE. INC.: Consider approval to file a voluntary dismissal,
with Government Technology Resources, Inc. (GTR) and Innoprise Software, Inc.
bearing its own attorney's fees and costs in this lawsuit.
E. AGREEMENT/ALCALDE AND FAY: Consider approval of an agreement with
Alcalde and Fay for federal lobbying services.
F. AGREEMENT / ARTEMIS STRATEGIES: Consider approval of an agreement
with Artemis Strategies for federal lobbying services.
G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2007. Based upon the rotation system, the appointment will be made by Commissioner
Fetzer (Seat #2).
H. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint one (1) regular member to the Board of Construction Appeals to serve a two
(2) year term ending August 31, 2008. Based upon the rotation system, the
appointment will be made by Commissioner Montague (Seat #4).
1. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to
serve an unexpired term ending July 1, 2009. Based upon the rotation system, the
appointment will be made by Commissioner Montague (Seat #4).
J. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board to serve an unexpired term ending July 31, 2007.
Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat
#5).
K. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) regular member to the Historic Preservation Board to serve an unexpired term
ending August 31, 2008. Based upon the rotation system, the appointment will be made
by Mayor Perlman (Seat #5).
02-20-2007
- 6 -
L. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member to the Neighborhood Advisory Council to serve an
unexpired term ending October 31, 2008. Based upon the rotation system, the
appointment will be made by Commission Ellis (Seat #1).
M. REOUEST SAINT PAUL'S EPISCOPAL CHURCH/ TALLAHASSEE BOY'S
CHOIR CONCERT: Consider a request for the City to be a presenter of the
Tallahassee Boy's Choir Concert, assist in marketing and promoting the concert and
consider a cash contribution of no more than $2,500.00. The concert will held at Saint
Paul's Episcopal Church on February 25, 2007 at 4:00 p.m.
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial) in part and
OS (Open Space) in part to MIC (Mixed Industrial and Commercial) for a 10.7 acre
property located along Depot Road north of the Old Train Station, between the CSX
Railroad and I-95. (Quasi-Judicial Hearing)
B. ORDINANCE NO. S-07 (SECOND READING/SECOND PUBLIC
HEARING): City initiated rezoning from MIC (Mixed Industrial and Commercial),
PCC (planned Commerce Center), POC (planned Office Center), PC (planned
Commercial), and CF (Community Facilities) to MROC (Mixed Residential Office and
Commercial) for the area bounded by West Atlantic Avenue on the north, the C-15
canal to the south, I-95 transportation corridor on the east and Congress Avenue on the
west together with the Congress Park, Congress Park South and the Office Depot
complexes, located just west of Congress Avenue. (Quasi-Judicial Hearing)
C. ORDINANCE NO. 2-07: Privately initiated amendments to the Land Development
Regulations (LDR), Article 4.7, "Family Workforce Housing," Section 4.7.9 "General
Provisions," to allow one (1) bedroom units in the Workforce Housing Program.
D. ORDINANCE NO. 6-07 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR) Section 4.4.13,
"Central Business (CBD) District," Subsection (F), "Development Standards," relating
to the Downtown Delray Beach Design Guidelines. If passed, a second public hearing
will be scheduled for March 5, 2007.
E. WAIVER OF BIDDING REOUIREMENTS/CITY HALL RENOVATION
PROJECT: Consider approval of waiving the requirements contained in Chapter 36,
"Finance; City Property Transactions", of the Code of Ordinances, for the City Hall
Interior Renovation Phase I Project.
1. CONTRACT AWARD/BSA CORPORATION: Consider approval of a
contract award to BSA Corporation in the amount of $533,000.00 for the City
Hall Interior Renovation Phase I Project. Funding is available from 334-6112-
519-62.86 (General Construction Fund/City Hall/North Wing & Chambers).
02-20-2007
- 7 -
F. RESOLUTION NO. 11-07/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /SCHOOL BOARD OF PALM BEACH COUNTY: Consider
approval of Resolution No. 11-07 authorizing the City to purchase an additional 1.18
acres of property, located at 2501 Seacrest Boulevard from the Palm Beach County
School Board; and approve the Contract for Sale and Purchase between the City and
School Board of Palm Beach County in the amount of $132,750.00.
1. AMENDMENT NO. 3/INTERLOCAL AGREEMENT/SCHOOL
BOARD OF PALM BEACH COUNTY: Approve Amendment No.3 to the
Interlocal Agreement between the City and the School Board of Palm Beach
County, for the Purchase and Construction of a Soccer Complex in order to
allow the City to purchase an additional 1.18 acres of property from the School
Board of Palm Beach County for construction of a Press Box Concession Stand.
G. RESOLUTION NO. 12-07/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /JEAN LOUIS SAINT FORT AND JOSETTE SAINT FORT /802
SW 3RD STREET: Consider approval of Resolution No. 12-07 authorizing the City to
transfer/sell City owned property, located at 802 SW 3rd Street, to be utilized for
housing purposes as part of the Carver Square Relocation Project; and approve
Contract for Sale and Purchase between the City and Jean Louis Saint Fort and Josette
Saint Fort in the amount of $40,000.00.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 7-07: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions", of the Code of Ordinances by amending
Section 33.66, "Finances and Fund Management"', revising investment provisions.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY18,2007
02-20-2007
- 8 -
ANNUAL CITIZEN'S ROUNDTABLE
JANUARY 30,2007
The Annual Citizen's Roundtable Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Crest Theatre at Old School Square at 7:00
p.m., on Tuesday, January 30, 2007.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred B. Fetzer
Commissioner Brenda B. Montague
Mayor Jeff Perlman
Absent - Commissioner Jon Levinson
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman called the meeting to order and welcomed the public. He introduced City staff and
gave a brief speech regarding government and the new format for the meeting.
ROUNDTABLE AGENDA
1. Land Use Issues and Trends - Comprehensive Plan Report - Ga.rr Eliopoulos. Planning and
Zoning Board Vice Chairperson
Gary P. Eliopoulos, Vice Chairman of the Planning and Zoning Board speaking on behalf of
Chairman Mark Krall, was present and fellow board members Joe Pike, Debra Dowd,
Woodie McDuffie, Paul Zacks and Chuck Halberg introduced themselves. Mr. Eliopoulos
presented the Planning and Zoning Board's annual report and stated the goals of the board
and the Planning and Zoning Department are to implement the objectives, goals and policies
of the Comprehensive Plan. A major review of the plan occurred in 2006 and afforded the
opportunity to suggest changes or amendments that are needed including reformulating
goals, objectives and standards. The completed Evaluation and Appraisal Report (EAR) was
adopted by the City Commission on October 17, 2006. He stated the board reviews
proposals for new development to insure that they are consistent with the City's goals and
objectives; and also reviews updates to the Comprehensive Plan to make sure that it is
keeping pace with the changes in the City. Mr. Eliopoulos stated this has been a dynamic
and exciting year for the City and significant progress has been made towards achieving the
goals and objectives outlined in Comprehensive Plan. He gave an overview of the projects
that were accomplished; and those projects planned for 2007.
2. Community Redevelopment Agency Status Report - Frank Wheat. CRA Chairperson
Frank Wheat, Chairman of the Community Redevelopment Agency (CRA) Board, thanked
the public for being in attendance and showing an interest in the city. In addition, he
recognized the members of the CRA Board and the CRA staff. Mr. Wheat stated it was a
year of progress, so many exciting things happened in 2006, and the CRA is excited about
sharing them. Regarding the 2006 Year-in-Review, he stated the CRA implemented the
various neighborhood and area wide plans outlining the vision for our City as identified by
the residents, business leaders, government and other stakeholders. With a total budget of a
just over $26 million for Fiscal Year 2006, the CRA focused on development and
beautification projects identified in the Downtown Master Plan; as well as those included in
neighborhood and area plans. A great deal of emphasis was placed on affordable and
workforce housing initiatives; as well as aiding businesses and community organizations with
funding assistance. He reviewed the major accomplishments of the Community
Redevelopment Agency for 2006 and discussed the goals (projects) for 2007.
3. State of the City Report - David T. Harden. City Manager
David T. Harden, City Manager, thanked the public for being in attendance and stated
before the roundtable discussion, he wants to review the City's vision, 2006
accomplishments and some future plans. The vision has been the guiding light for all we do
in city government. He stated in 2021 we want to be able to say that Delray Beach is a
charming village by the sea, with a great world class beach, a vibrant downtown, a
community of quality neighborhoods and schools, recreational and cultural opportunities
abound, people embrace cultural diversity, the city government provides exceptional city
services. In April 2006, the Commission set goals for 2011 and targets for the next year.
Our previous goals were reaffirmed but reprioritized. He listed the 2011 goals. In addition,
he informed the public that they can inquire about or make utility payments online, apply for
building permits, schedule and track construction inspections over the internet or by
interactive voice response. The city's Code of Ordinances and Land Development
Regulations are available online as well as City Commission minutes, agendas, and backup
materials. He stated the public may subscribe to have these documents emailed to them. In
addition, Mr. Harden discussed the 2006 budget, goals and various accomplishments in
detail along with upcoming 2007 goals and projects.
4. Annual Citizen's Roundtable & Infrastructure Public Hearing
The Annual Citizen's Roundtable & Infrastructure Public Hearing was held in the Old
School Square Gymnasium. The participants were presented with five questions regarding
major issues in the city, suggestions to help improve issues in the city, communication,
infrastructure and ways to expand city programs and services. The responses are attached
hereto and made an official part of the record.
2
JANUARY 30, 2007
Mayor Perlman adjourned the Roundtable at 10:00 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Dekay Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday,
January 30, 2007, 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.
3
JANUARY 30, 2007
1. Identify and list major issues facing the City and select the top five most important issues (as determined by each
table). The top five issues will be reported to the main group. (10 minutes)
Table I uestion I
. Workforce Housing
. Crime Rate
. Low Income Housing
. Becoming Greener
. Resources for Re-Entry/Second Chances and
Juvenile Delin uenc
Table 3 uestion I
. Race Relations
. Landscape Cleanup
. Affordable Housing
. Youth Opportunities
. Code Enforcement
Table 5 uestion I
. Crime
. Workforce Housing
. Race Relations
. Overdevelopment
. Green Responsibility
. Homelessness
Table 7 uestion I
. Transportation
. Public Parking
. Redevelopment
. Affordable Housing
. Race Relations
. Gan Activi
Table 9 uestion 1
. Property Taxes for non-homestead/commercial
. Identity Crisis: Village or City
. Affordable Home Ownership
. Bonding for small contractors too onerous
. Not enough parking east ofIntercoastal
Table 2 uestion I
. Destination Awareness
. Property Taxes/Insurance
. Affordable Housing/Retail Space
. Design Criteria
. Additional Funding for Arts and Culture
Table 4 uestion I
. Property Taxes Residential/Commercial
. Affordable Housing for all
. Historic Preservation vs. Individual Property
Rights
. Ethics in Government
. Fiscal Res onsibili
Table 6 ( uestion 1
. Empty Storefronts
. Traffic Downtown
. Building Compatibility
. West Atlantic Growth/Crime
. Train Re-route
Table 8 uestion 1
. Traffic and Parking
. Youth Activities
. Affordable Housing
. Controlling Growth
. Diverse Economic Base
Table 10 uestion 1
. Economic Viability
. Affordable Housing
. Employment Opportunities
. Reclaimed Water and Water Supply
. Traffic/Transportation
2. From the major issues identified in question I (from any ofthe tables), select one or two issues and provide
suggestions of ways to help address the issue(s) (10 minutes)
Table I (Question 2) Table 2 (Question 2)
Issue #1 - Crime and Juvenile Delinquency Issue #1 - Destination Awareness
. Expand Mentoring Programs . Tourist Advisory Board
. Raise awareness . Brand Town and Individual Districts as Tourist
. Expand street patrols Destinations and Art Districts
. Identify habitual youth
. Integrate Law Enforcement intervention and
prevention
. Establish program for elementary children
. Get parents involved/training
. Re-establish micro society
. Establish entrepreneurial programs as alternative
. Target siblings of habitual delinquents
. Expand Headstart
Issue #2 - Issue #2 - Workforce Housing
. Tax/Insurance Control
. Rent/Sales Control
. Affordable RetaillHousing
Table 3 uestion 2
Issue #1 - Code Enforcement
. More Code Officers
. Better Training
. Neighborhood Beautification
. Improve Process
. Escalate process to resolve
Table 4 uestion 2
Issue #1 - Workforce Housing
. Higher density where appropriate
. Access to public transportation
. Public policy focus
. Streamline approval process
. Code and Tax incentives
. Mixed Use properties
Issue #2 - Youth Development
. Start at a young age
. Parenting Assistance
. Mentoring Programs
. Sports Activities
Issue #2 - Historic Preservation vs. Individual Property
Rights
. Age alone not historic property
. City to follow State and National Standards
. Streamline process
. Uphold earlier agreements (1987)
2
Table 5 uestion 2
Issue # I - Crime
. Attack the little things
. Resident support
. Attack the gang issue
. Continued redevelopment of neighborhoods -
mixing the economics
. Eliminate guns
Issue #2 - GreenlOverdevelopment
. Good Planning
· Revise Master Plans to protect neighborhoods
. Mandatory recycling
Table 7 uestion 2
Issue #1 - Affordable Housing
. Seniors
. Reasonable Rentals
. Workforce
. Upgrading requires increase in taxes and
Insurance
· Height restrictions work against this goal
. Use some corridors
Issue #2 - Crime/Gang
. Better Funding for Police programs
. Provide better activity for teens and alternate
activities
. Build more jails
. Build more rehabs
. Focus on preventative measures for kids
. Work with ro ms that su ort stron families
Table 6 uestion 2
Issue #1 - Affordable Housing
. Buy Pockets
. Developer Incentives
. Incentives for teachers, police, fire, and city
workers to live in city
. Reduce millage rate - drives up costs
Issue #2 -
Table 8 ( uestion 2)
Issue #1 - Workforce Housing
. Rent assistance/abatement
. Look into Florida Finance Housing Mortgage
Bond Program
. Look into how to take advantage of existing
programs
. Expand Down payment assistance
. City Property Tax Exemption like vehicle for
snowbirds (income requirement)
. For City Employees - Housing subsidy to live in
the City
Issue #2 -
3
Table 9 uestion 2
Issue #1 - Bonding Issue for Small Contractors
. City should go back to former system or
. Devise a form that is acceptable to National
Surety Association and City
Issue #2 - Property taxes
. City needs to reduce spending
. We need help from Elected Officials
. Work with Palm Beach County to lower Palm
Beach County rates
Table 10 uestion 2
Issue #1 - Economic Viability
. High Tech Commercial Development
. Diversity of Businesses
. Class "A" Office Space
. Diversified Demographics
. Regional Cooperation
. Workforce Housing
. Educational Opportunities - High Tech
Issue #2 -
4
3. How can the City enhance our communication to you (15 minutes total)?
a). What type of communication from the City is most useful to you?
b). What programs, services, or topics would you like to see additional information communicated about?
c). Do you have any other suggestions for improving communication?
Table 1 uestion 3
a). Type of communication most useful:
. Website
. Auto emails
. Joining and attending committees
. Direct phone call inquiries
. Water bills
. Roundtable discussions
. Neighborhood alert
. 1620 am
b). Would like to see more communicated about:
. Community Trust
. Question re: running Parks & Recreation
. Notify residents of changing garbage schedule
c). Other suggestions for communication:
. Door Hangers/Multi- Languages
. Broadcast City Commission
MeetingslP&ZJVarious Boards
. If you want to know - inform
. Neighborhood Information Marquees
. Strengthen neighborhood dissemination of
information
. Involve churches
Table 3 uestion 3
a). Type of communication most useful:
. E-mail
. Website
. Newspaper
. Utility Bills
b). Would like to see more communicated about:
. Improving communications
. Way to guide residents to website subscription
servIce
c). Other suggestions for communication:
. Department response time
. Directory - neighborhood response
Table 2 uestion 3
a). Type of communication most useful:
. City Commission Meetings
. Website
. Water Bills
. Public Information Blasts
b). Would like to see more communicated about:
. Cultural Events
. Art Events
. LOR Changes
. Street Closings
c). Other suggestions for communication:
. "Town Crier" - Interactive screen at Old School
Square
. Televised meetings
. More communication from/to Homeowner
Association Presidents
. Add more visible tourist information centers
. Individuals should share with neighbors
Table 4 uestion 3
a). Type of communication most useful:
. Internet
. TV Broadcast of Commission Meetings
. Electronic moveable signs
b). Would like to see more communicated about:
. Email notifications of ordinance changes
. Public Art virtual tours and historic districts
c). Other suggestions for communication:
. Allow citizen rebuttal at Commission Meetings
. Invite citizen comments at all City Meetings
5
Table 5 (Question 3) Table 6 (Question 3)
a). Type of communication most useful: a). Type of communication most useful:
. On-line . Website
. Web site . Emails
. Walk and Talk to neighbors . Newsletter with Water bill
. Neighborhood Resource Center . Phone System
b). Would like to see more communicated about: b). Would like to see more communicated about:
. Host City Commission Meetings in . Code Enforcement
neighborhoods and other key meetings included . GarbagelDebris pickup schedules
- focused topics
. Public Display of proposed projects
c). Other suggestions for communication: c). Other suggestions for communication:
. Take this question around to other parts of town . Broadcast City Commission and Planning and
. Create an ombudsman to handle complaints from Zoning Meetings
citizens . Expand phone system
. Development site - Water bills . Additional community resource centers
. Brag More on Successes - Use the website more
effectively
. Create opportunities to meet neighbors
Table 7 (Question 3) Table 8 (Question 3)
a). Type of communication most useful: a). Type of communication most useful:
. Website . Email
. EmaillPress releases . Yearly Newsletter
. Hometown Connection . Website
. Residents who do not receive water bills do not . Delray Times
receive information . Radio Announcements
. Cable TV . City Commission Meeting
b). Would like to see more communicated about: b). Would like to see more communicated about:
. School System . Building Development - specific
. More information about Police programs locations/landmarks
. Race Relations . Youth Activities
. How the community has come together . Shuttle Bus
c). Other suggestions for communication: c). Other suggestions for communication:
. TV . Email/ Agenda Information is cryptic
. Re- Vamp Website . E-Newspaper of City Government
. Radio . Publicize what City employees contribute to the
. Signage betterment of the City
. Promoting the Speaker's Bureau . Blogs on City issues
. Print . Send out initial issue of Hometown Connection
. Better attention to demographics - target to new or all residents
. Semi-annual meetings . Project signs - this is part of Vision 2021
program
. Website on construction projects that is updated
6
Table 9 (Question 3) Table 10 (Question 3)
a). Type of communication most useful: a). Type of communication most useful:
. Roundtable Discussions . Email
. Accessible Meetings . Neighborhood News
. Email . Word of Mouth (rumor and gossip)
. Direct Mail . Newspapers
. Media Announcements - press releases . Community TV
. Newspaper
b). Would like to see more communicated about: b). Would like to see more communicated about:
. Crime Data - especially gang activity, weekly . Construction Activities
accessible to everyone . Traffic Problems/Conditions
. Updates on neighborhood improvements (SIT) . Recreational opportunities
c). Other suggestions for communication: c). Other suggestions for communication:
. Televise Commission Meetings on cable and also . Reinforce Public Relations Activities
on radio . Question and Answer with Commission to get
. Direct mail works - water bills stand on major issues
. Emergency road signs not effective (solar based)
. Website, not user friendly - analyze hits to make
most popular items easier to get to
. Publish historical budget data
. Hold City Commission Workshops in bigger
room to accommodate more people
7
4. Planning and Zoning Infrastructure questions (10 minutes total)
a). Are there any infrastructure deficiencies in your neighborhood or at your business location within the City
that you would like to have addressed? These would include, but not be limited to, sidewalks, drainage
issues, sewer or water main related items, street lighting, street repairs, street resurfacing, public street
signage etc.
b). Are there any infrastructure deficiencies or needs you are aware of elsewhere in the City?
Table I (Question 4) Table 2 (Question 4)
a). Infrastructure deficiencies - business/neighborhood a). Infrastructure deficiencies - business/neighborhood
. US l/West Atlantic Avenue need improvements . Lighting and sidewalks - Silver Terrace
to improve safety . Underground Electric placement
. Street trees on US 1 . Additional Bike pathslbike racks
. Southwest area needs improved lighting . Flooding Lake Avenue N - across from 817
. Lighting at Astor/Garage too dim
. Sidewalks in Del-Ida
. Bury utilities in downtown Delray
. Establish rear parking at alleys (SW)
neighborhoods
b). Infrastructure deficiencies - elsewhere in City b). Infrastructure deficiencies - elsewhere in City
. Refurbish no left turn westbound Atlantic to . More motorcycle or scooter parking downtown
southbound Swinton . Pineapple Grove sidewalks (pavers )/lighting per
. Restripe eastbound Atlantic left turn onto plan
northbound Swinton . Street Lights north of George Bush Boulevard on
. More flowers east of Intracoastal; sidewalks Federal upgraded for additional luminaries
cleaned . Upgrade signal light at George Bush and
. Increase motorcycle parking Swinton to full light
. Vibration at south 2nd street at Swinton (heavy . Traffic Calming and lighting on Palm Trail
trucks)
. SW Ith Avenue - in the a.m. southbound backs
up and in the p.m. northbound backs up
. Decorative plantings - SW 12th Avenue
. Increase park land
. City equipment tears up sod on South Swinton
before lOth
. Spruce up Martin Luther King Drive
. Maintain construction fencing
8
Table 3 (Question 4) Table 4 (Question 4)
a). Infrastructure deficiencies - business/neighborhood a). Infrastructure deficiencies - business/neighborhood
. West side of Swinton - sidewalk . Lack of street lighting - SE 2nd Avenue
. West Settler's District - burned house needs to . Too much light at Palm Trail
be removed . Lack of street lighting south of Atlantic Avenue
to Highway; and NE 3rd and NE 4th Avenues
b). Infrastructure deficiencies - elsewhere in City b). Infrastructure deficiencies - elsewhere in City
. Military/Atlantic - Four (4) comers - planned . Appropriate light fixtures to avoid light pollution
development . Replace old sodium vapor lights
. Water Reuse Program - City wide . Stop train horn noise in residential areas
. Cemetery - Old Section Rehab . Brick cobblestone roadways in historic district
. Vacant Lots . Florida yards program/native vegetation
. Dead Trees . Not cleaning public parking spaces
. Burying power lines . Showers along beach not working
. Rope Lights downtown . Lot maintenance (vacant lots)
. Building maintenance at Old School Square and
other facilities
. Encourage sod in right-of-way
. Litter
Table 5 (Question 4) Table 6 (Question 4)
a). Infrastructure deficiencies - business/neighborhood a). Infrastructure deficiencies - business/neighborhood
. Intracoastal flooding into streets . Need Streetlights on Seacrest
. SE 7th - Improper drainage . Turn-a-round - North end of Marine Way needs
. SE 3 rd - Improper drainage to be improved
. Tropic Isle - canal maintenance . SW th Street - No sidewalks
. City roads - potholes (Tropic Isles) . Speed limit signs - Wilma
. Put out public trash cans/recycling . Drainage Issues - High tide - Marine Way
. SW 12th Avenue - Improved sidewalks and . North Seacrest - paving
lighting . A-I-A - Bike paths
. South Swinton - lighting . Walker friendly neighborhoods
. Shrubbery - selective enforcement - 4 ft.
hedge/6 ft hedge
. Osceola Park - Lighting, sidewalks, pave alleys
b). Infrastructure deficiencies - elsewhere in City b). Infrastructure deficiencies - elsewhere in City
. Cohesive Lighting plan for City - needs to be
environmentally friendly
. Flimsy looking power poles (contact FPL)
. Require every gas station to have a generator
. Boats speeding on the Intracoastal (no wake
zones, policing or code enforcement)
. Beach erosion
9
Table 7 (Question 4) Table 8 (Question 4)
a). Infrastructure deficiencies - business/neighborhood a). Infrastructure deficiencies - business/neighborhood
. SW 12th Avenue - Sidewalks broken . Lindell Boulevard - Sidewalks/Bikepaths
. Federal Highway - Linton to Atlantic - . Lindell Boulevard - speed bumps (prefer smaller
sidewalks broken ones)
. More bus shelters . Sidewalks on Federal (Linton to George Bush
sidewalks are too close to the street)
. Downtown alley in disrepair - Federal Highway
pairs (between N.E. 2nd and 4th Streets)
. Lakeview Boulevard - manhole cover is sinking,
needs to be raised
. Lakeview Boulevard - sewage water backs up
when City gets a hard rain
. Lakeview Boulevard - short power outages at
least monthly
b). Infrastructure deficiencies - elsewhere in City b). Infrastructure deficiencies - elsewhere in City
. Street Lights still out - FPL . Federal Highway, south of Linton on the east
. Timing of traffic lights side all the way to Boca - any plan for
. Drainage - miscellaneous areas development?
. Signage has been replaced - maybe more signage . Safe Bikepaths throughout the City
for cultural events . Pedestrian friendly street crossing
. Concern about yellow drinking water
. Better signs for parking - time limits
. Eliminate 2 hour parking in residential
. Progressive street lighting
Table 9 (Question 4) Table 10 (Question 4)
a). Infrastructure deficiencies - business/neighborhood a). Infrastructure deficiencies - business/neighborhood
. Finish Chatelaine and Delray Shores SIT . Street lighting - Seacrest Neighborhood
. Street lights throughout town not working . Water/sewer and paving Lone Pine Road
. Bronson Avenue - storm drain not working; and . Need signal at Davis and Lake Ida Road during
also an access issue - church controls street school hours (busing)
. Parking east of Intracoastal not sufficient
. Residential parking in neighborhoods -
alternative parking surfaces
. Open up alleys to promote rear parking
. More speed tables in neighborhoods - traffic
calming
. Increase min. foot candles to provide more light
. Signals on west Atlantic & 10th and 12th; and
P.G. Way and east Atlantic - correct timing
b). Infrastructure deficiencies - elsewhere in City b). Infrastructure deficiencies - elsewhere in City
. Underground Power throughout City
. Speeding on Lake Ida Road - need flashing
lights for school zone
10
5. Provide suggestions for improving or expanding City programs and services (5 minutes)
Table 1 (Question 5) Table 2 (Question 5)
. Improve Jazz on the Avenue - More "Jazz" in . Have City encourage developers to put up
Jazz on the Avenue attractive/decorative fencing around projects
. Replace barricades with officers . Beautify with landscaping
. More recreations programs geared to ages 18-25 . Hiring additional staff for certain departments
. More diverse entertainment at Art and Jazz on . Offer more intern positions
the A venue to attract urban youth . All government construction - LEEDS
. More events from October to January certification
. Promote the fact that we have not had any . Administration/financial support for active non-
hurricanes profits
.
.
.
Table 5 uestion 5
. Community Advocate (review by community
person)
. Teach kids about the Delray Beach website
through the school system
. Encourage businesses to recycle
. City review it's policies on homelessness and
identify role and resources on this issue
. Ethics review board for public officials
. Police program on gun control
Table 7 uestion 5
. Many Programs in place, but need better
marketing effort and feedback mechanisms
. Evaluation
Table 4 uestion 5
. Encourage City boards and staff to be supportive
of creative and innovative ideas
. No personal views/preferences of City
stafl7management overriding suggestions/views
of citizens
. Annual focus meetings of all board members and
Planning and Zoning staff to review City goals
and plans set forth by the citizenry
. Successive boards should approve based on
merits not previous boards approval
Table 6 uestion 5
. Expand neighborhood community centers
. Community PolicinglBikes
. Crime Watch signs taken down - Seacrest Area
. Get more people involved
. Take meetings (City Commission and Planning
and Zoning) to diverse neighborhoods
.
.
.
Table 9 uestion 5
. Add Code Enforcement Officers and speed up ·
process for getting code violations taken care of
. More xeriscape and lower maintenance plants -
would require less manpower. Quit using nails
to hang lights on Royal Palms
11
FEBRUARY 6. 2007
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, February 6,2007.
L
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Mayor Jeff Perlman
Absent - Commissioner Brenda Montague
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
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 stated Item 9.A., Conditional Use Request /135. 145 and
169 S.E. 6th Avenue has been postponed. He stated there is a corrected memorandum for
Item 9.F., Rejection of Bids/Bexlev Trail Community Park Improvements Proiect.
Also, Mayor Perlman stated Item 10.A., Ordinance No. 59-06 has been
postponed and will come back as a first reading/first public hearing on February 20, 2007.
The applicant has requested to postpone Item 10.D., Ordinance No. 79-06 to the March 5,
2007 Commission meeting.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson -
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
5.
APPROVAL OF MINUTES:
Mr. Fetzer moved to approve the Minutes of the Regular Meeting of January
16, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
02/06/07
6. PROCLAMATIONS:
6.A. Recol!nizinl! 2-1-1 Awareness Week - February 11-18. 2007
Mayor Perlman read and presented a proclamation Susan Buza, Executive
Director, hereby proclaiming the week of February 11-18,2007 as 2-1-1 Awareness Week.
Ms. Buza came forward to accept the proclamation and gave a few brief comments.
6.B. Autism Awareness Month - April 2007
Mayor Perlman noted the proclamation hereby proclaiming the month of
April, 2007 as Autism Awareness Month will be mailed.
6.C. Recol!nizinl! Marl!uerette Juanita Bain McKay
Mayor Perlman read and rresented a proclamation hereby recognizing,
commending, and offering a sincere 90t Birthday wish to Marguerette Juanita Bain
McKay. Ms. McKay came forward to accept the proclamation.
7. PRESENTATIONS:
7.A. Recol!nizinl! and Commendinl! Fred Serl!io for his 90th birthday
Mayor Perlman presented a special recognition award to Mr. Fred Sergio for
his 90th birthday and heartfelt thanks for his contributions, hard work, and his incredible
dedication to the City of Delray Beach. Mr. Sergio came forward to accept the award and
thanked the City Commission for this recognition.
7.B. "Spotlil!ht on Education" - Tammy Ferl!uson. Principal. Villal!e
Academy
Dr. Tammy Ferguson, Principal of Village Academy, urdated the
Commission about their construction project and stated their Pre-K through 12t grade will
open in July 2007. Dr. Ferguson introduced one of her writing teachers. She stated that
Village Academy now has a daycare at the school and there are four mothers who bring
their children to work with them every day. Dr. Ferguson stated Village Academy was at
95% proficiency in writing last year and at approximately 98% proficiency this year. Dr.
Ferguson introduced Johnny Bennett and Nancy Hurd from the Achievement Center.
7.C. Special Recol!nition Awards -Area Schools - Proiect Holiday
Mayor Perlman read and presented a special recognition award to the
Achievement Center, Atlantic High School, Carver Middle School, the Delray Beach Parks
and Recreation Department, the Milagro Center, Trinity Lutheran and Village Academy for
their outstanding contribution to Project Holiday, a city-wide effort dedicated to the
delivery of care packages to the armed forces currently serving overseas.
- 2 -
02/06/07
Mayor Perlman stated this was a great event and he appreciates the help of
everyone. He noted several packages were sent to the soldiers overseas and we are getting
many letters back from them.
8.
CONSENT AGENDA: City Manae:er Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
W ASTEW ATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and
ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board
at their Quarterly Annual Meeting of January 18, 2007.
8.B. RESOLUTION NO. 7-07: Approve Resolution No. 7-07 assessing costs
for abatement action necessary to remove junked and/or abandoned vehicles from six (6)
properties throughout the City.
The caption of Resolution No. 7-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT
TO CHAPTER 90 OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED
AND/OR ABANDONED VEHICLES WITHIN THE
CITY OF DELRA Y BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A
DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
(The official copy of Resolution No. 7-07 is on file in the City Clerk's
office.)
8.C. FINAL SUBDIVISION PLAT APPROVAL/CANNERY ROW:
Approve the subdivision plat for Cannery Row, located south ofNE 4th Street between NE
I st Avenue and NE 2nd Avenue (Pineapple Grove Way).
8.D. REOUEST FOR SIDEWALK DEFERRAL/960 FERN DRIVE:
Approve a request to defer the installation of a sidewalk in front of 960 Fern Drive. Staff
recommends approval.
- 3 -
02/06/07
8.E. REQUEST FOR SIDEWALK DEFERRAL/1825 COPELY PLACE.
VALENCIA COURT. LOT #4: Approve a request to defer the installation of a sidewalk
in front of 1825 Copely Place, Valencia Court, Lot #4. Staff recommends approval.
8.F. CHANGE ORDER NO. 2/FINAL (CONTRACT
CLOSEOUT)/OVERHOLT CONSTRUCTION CORPORATION.: Approve Change
Order No. 2/Final (Contract Closeout) in the amount of a $44,595.90 decrease and final
payment in the amount of $82,665.96 to Overholt Construction Corporation for completion
of the Delray Swim and Tennis Center Clubhouse Project. Funding is available from 380-
4150-572-62.60 (2004 G.O. Bond Fund/Delray Swim and Tennis) and 117-4133-572-63.90
(Recreation Impact Fee/Other Improvements).
8.G. SERVICE AUTHORIZATION NO. 7/CH2M HILL. INC.: Approve a
Service Authorization No. 7 to CH2M Hill, Inc. in the amount of $63,500.00 for
professional services related to evaluating alternative water supply strategies. Funding is
available from 442-5178-536-31.30 (Water/Sewer Renewal and Replacement
Fund/Engineering! Architectural Services).
8.H. RIGHT OF ENTRY AGREEMENT AND EASEMENT
DEED/FAIRWAYS OF DELRA Y: Approve and accept the right of entry agreement and
easement deed to allow the City to go onto certain common areas of Fairways of Delray
and to install a reclaimed water line for irrigation purposes.
8.1. LIMITED ACCESS EASEMENT AGREEMENT/COMMUNITY
LAND TRUST: Approve a Limited Access Easement Agreement between the City and
the Delray Beach Community Land Trust providing for the placement of a limited access
easement over the north property line, adjacent to SW 2nd Street.
8.J. APPROVAL OF POLL WORKERS FOR THE FIRST
NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan
Election to be held on March 13,2007.
8.1(. CONTRACT RENEWAL/ACCURATE PARKING. INC.: Approve the
renewal of a contract with Accurate Parking, Inc. (formerly Parking Pros) for the staffing
of the South County Courthouse Garage on weekend evenings and special events. Funding
is available from 001-3151-545-34.90 (General Fund/Other Contractual Services).
8.L. AGREEMENT/BARWICK ROAD BAPTIST CHURCH: Approve an
agreement between the City and Barwick Road Baptist Church to allow the City to use the
southwest comer of the church property, located at 500 Barwick Road to locate a
temporary Fire-Rescue station for twenty-four (24) months or until the new fire station at
Lake Ida and Barwick Road is complete.
- 4-
02/06/07
8.M. MEMORANDUM OF UNDERSTANDING/FIRST AMENDMENT TO
DECLARATION OF CONTINUING OBLIGATIONS AND RESERVATION OF
RIGHTS/GUARANTEE AGREEMENT/LIMITED PARKING LICENSE
AGREEMENT/BLOCK 69: Approve the Memorandum of Understanding, the First
Amendment to Declaration of Continuing Obligations and Reservation of Rights, the
Guarantee Agreement and the Limited Parking License Agreement between Block 77
Development Group, L.C., the City of Delray Beach and the Community Redevelopment
Agency (CRA) subject to the closing and transfer of the Block 69 Parking Garage to the
City.
S.N. RESOLUTION NO. 8-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)ILANDSCAPE IMPROVEMENTS: Approve and adopt
Resolution No. 8-07 authorizing execution of a Maintenance Memorandum of Agreement
(MOA) with the Florida Department of Transportation (FDOT) for maintenance of
landscaping along the US 1 corridor from the C-15 Canal to Tropic Boulevard; the Florida
Department of Transportation (FDOT) will construct the landscaping improvements and
the City will be responsible for landscape maintenance. There is no cost to the City for the
installation of landscaping.
The caption of Resolution No. 8-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR
MAINTENANCE BY THE CITY OF A PORTION OF US
1 LOCATED WITHIN THE CITY OF DELRA Y BEACH;
PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 8-07 is on file in the City Clerk's
office.)
8.0. RESOLUTION NO. 9-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)ILOCALLY FUNDED AGREEMENT: Approve and
adopt Resolution No. 9-07 authorizing execution of a Locally Funded Agreement with the
Florida Department of Transportation (FDOT) for the installation of trombone style mast
arm signals at the intersection of SR AlA and East Atlantic Avenue. The City is
responsible for funding the added cost for the trombone style mast arms at a cost of
approximately $50,000.00. Funding is available from 334-3162-541-68.31 (General
Construction Fund/AlA Streetscape).
The caption of Resolution No. 9-07 is as follows:
- 5 -
02/06/07
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A LOCALLY FUNDED AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR FUNDING BY THE CITY TO
INCLUDE "TROMBONE STYLE" SIGNAL MAST
ARMS ALONG A PORTION OF SR-AIA LOCATED
WITHIN THE CITY OF DELRA Y BEACH; PROVIDING
FOR CONFLICTS; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 9-07 is on file in the City Clerk's
office. )
8.P. RESOLUTION NO. 10-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/ATLANTIC AVENUE BRIDGE UNDERPASS ART
PROJECT: Approve and adopt Resolution No. 10-07 authorizing execution of a
Maintenance Memorandum of Agreement with the Florida Department of Transportation
(FDOT) for the installation of public art and landscaping under the Atlantic Avenue
Bridge. FDOT will make appropriate revisions to the agreement once final drawings are
provided by the City. There will be no cost to the City other than routine maintenance.
The caption of Resolution No. 10-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR
MAINTENANCE BY THE CITY OF A PORTION OF
STATE ROUTE 806 LOCATED WITHIN THE CITY OF
DELRA Y BEACH; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE
(The official copy of Resolution No. 10-07 is on file in the City Clerk's
office. )
~ EXOTIC VEGETATIONIUNIVERSAL BEACH SERVICES
CORPORATION: Approve and authorize Universal Beach Services Corporation to
proceed with the exotic vegetation removal associated with the Beach Renourishment
Project in the amount of $18,500.00. Funding is available from 332-4164-572-34.90
(Beach Restoration Fund/Other Contractual Services).
- 6-
02/06/07
8.R. SPECIAL EVENT RE?UEST/AVDA 5K WALKlRUN: Approve a
special event request to endorse the lOt Annual Aid to Victims of Domestic Abuse, Inc.
(A VDA) 5K Walk/Run to be held on Sunday, October 13, 2007 from 7:30 a.m. until
approximately noon, with set up at 5:30 a.m., to grant a temporary use permit per LDR
Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean
Boulevard from Casuarinas to George Bush Boulevard, to waive parking meter fees in
Anchor Park and Sandoway lot, and to authorize staff assistance for providing traffic
control, barricading, signage, clean up and stage set up and use; contingent on the sponsor
providing the required liability insurance.
8.S. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE:
Approve a special event request to conduct the 39th Annual St. Patrick's Day Parade
proposed to be held on Saturday, March 17, 2007, beginning with setup at 12:00 p.m.,
parade starting at 2:00 p.m. and ending at approximately 3:30 p.m., and to grant a
temporary use permit per LDR Section 2.4.6(F) for the use of Atlantic Avenue from
Venetian Drive to NW 1 st Avenue for the parade and Venetian Drive and Gleason Street for
staging of parade entries; and to approve staff support for traffic control and security,
barricading, EMS assistance, trash removal, assistance in obtaining the FDOT permit and
to allow event signage to be put up ten (10) days prior to the event; contingent on the
receipt of a hold harmless agreement and receipt of the certificate of liability insurance.
8.T. CHILDREN'S SERVICES COUNCILIMEMORANDUM OF
AGREEMENT AND SUBCONTRACTS/COMMUNITY CHILD CARE
CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION: Approve a
Memorandum of Agreement between the City of Delray Beach and Children's Services
Council (CSC) in the amount of $853,622.00 in support of the Beacon Center Services at
Village Academy Elementary School and Subcontracts between the City and the
Community Child Care Center and the Children's Case Management Organization for
carrying out services at the Beacon Center.
8.U. RESOLUTION NO. 5-07 AND RESOLUTION NO. 6-07: Approve
Resolution Nos. 5-07 and 6-07 adopting the ICMA 457 and 40lA retirement plan with
certain elections.
The caption of Resolution No. 5-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ADOPTING
THE AMENDED AND RESTATED PLAN AND TRUST
DOCUMENT FOR THE ICMA RETIREMENT
CORPORATION PLAN NO. 30-1207, SECTION 457
DEFERRED COMPENSATION PLAN AS AMENDED
HEREIN BY REJECTING CERTAIN ELECTIONS, TO
BE EFFECTIVE FEBRUARY 1, 2007; PROVIDING
THAT THE ASSETS OF THE PLAN SHALL BE HELD
IN TRUST FOR THE EXCLUSIVE BENEFIT OF PLAN
- 7 -
02/06/07
PARTICIPANTS AND THEIR BENEFICIARIES;
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 5-07 is on file in the City Clerk's
office. )
The caption of Resolution No. 6-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ADOPTING
THE ICMA RETIREMENT COPRORATION
GOVERNMENTAL MONEY PURCHASE PLAN AND
TRUST, PLAN NO. 10-9648, A 40lA QUALIFIED
RETIREMENT PLAN AS AMENDED BY REJECTING
AND ACCEPTING CERTAIN ELECTIONS, TO BE
EFFECTIVE FEBRUARY I, 2007; PROVIDING THAT
THE ASSETS OF THE PLAN SHALL BE HELD IN
TRUST FOR THE EXCLUSIVE BENEFIT OF PLAN
PARTICIPANTS AND THEIR BENEFICIARIES;
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 6-07 is on file in the City Clerk's
office.)
S.V. DELRAY BEACH POP UP BOOK/JOINT FUNDRAISING PROJECT
FOR THE EDUCATION FOUNDATION: Approve a check request in the amount of
$13,000.00 to the Chamber of Commerce Education Foundation for the underwriting of the
All-America City page for the Delray Beach pop up book.
S.W. PAYMENT/PRISTINE WATER SOLUTIONS: Approve a payment in
the amount of $28,980.00 to Pristine Water Solutions, Inc. for the initial polyphosphate
shipment for the Water Treatment Plant. Funding is available from 441-5122-536-52.21
(Water/Sewer Fund/Chemicals).
S.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period January 16, 2007 through February 2,2007.
S.Y. AWARD OF BIDS AND CONTRACTS:
1: Contract award to Rangeline Tapping Services, Inc. in the amount of
$50,000.00 for performing four (4) emergency line stops relating to
the removal and realignment of waters mains from under the
footprint of the new Environmental Services Department building
and parking area. Funding is available from 442-5178-536-63.50
(Water/Sewer Renewal and Replacement Fund/Water Mains).
- 8 -
02/06/07
2. Contract award to West Construction, Inc. in the amount of
$2,113,603.92 for the construction of the Mangrove Park Project.
Funding is available from 334-4174-572-63.90 (General
Construction Fund/Other Improvements).
3. Purchase award to Dell Computer Corporation in the amount of
$29,856.75 for purchase of twenty-five (25) desktop computers with
customer software image. Funding is available from 334-6112-519-
64.11 (General Construction Fund/Computer Equipment).
4. Purchase award to Embroidered Products in the amount of
$27,907.00 for the purchase of uniforms for shift personnel.
Funding is available from 001-2315-526-52.22 (General
FundJUniforms/Linen Service).
Mrs. Ellis moved to approve the Consent Agenda, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes;
Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A. THIS ITEM HAS BEEN POSTPONED.
9.8. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE
BOARD DECISION/SANTA FE SALON: Consider an appeal of the Site Plan Review
and Appearance Board's decision regarding the Santa Fe Salon, located at the Southwest
comer ofNE 2nd Street and NE 4th 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 Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he had no ex parte communications. Mayor
Perlman stated he had a brief conversation with Dick Hasko. Mrs. Ellis and Mr. Fetzer
stated they had no exparte communications to disclose.
Richard Hasko, Director of Environmental Services, entered the Planning
and Zoning Department project file #2007-054 into the record.
Mr. Hasko stated on January 10, 2007, the Site Plan Review and
Appearance Board heard a proposal for the Santa Fe Salon and attached to the proposal
were a number of engineering technical comments which are typical attachments to most
site plan proposals. The Board approved the Site Plan application and in doing so they
waived 13 of 19 engineering technical comments. Staff is appealing SPRAB's decision
regarding the Santa Fe Salon because they do not believe that SPRAB has the authority to
- 9 -
02/06/07
waive engineering technical comments. Mr. Hasko expressed concern at an appointed
Board doing that because it has the potential to undercut professional engineering staffs
ability to enforce the technical requirements in the LDR's for land development. Staff
requests that the engineering technical comments be incorporated into the site plan
approval. Mr. Hasko explained that there was also a section in the engineering comments
called "Final Engineering Comments" and those were waived by SPRAB although they
were never intended to be conditions of the site plan approval. He stated typically staff
provides them to applicants and/or their engineers in advice of what the City's Engineering
department will be looking for upon final application for building permit.
Georee Brewer. Architect for the project. stated this project which is the
old Crossroad Clubhouse project was given a Class V SPRAB approval in 2001 and all the
technical items (i.e. parking, site lighting, and landscaping) were addressed at that time. He
stated they came in to do an occupancy change of use and noted there are minimal changes
being done to the exterior of the building only to enhance the building. Mr. Brewer stated
they are going to take out the asphalt seating area in front of the building and replace it
with marble pavers; add a fountain and create a little plaza and better landscaping. He
stated the intention was a very simple change of use because the existing use was classified
as miscellaneous and noted the tenant asked for a change of use. Mr. Brewer stated in his
opinion he does not think it is fair for the tenant of the building to be responsible for all the
technical items. Mr. Brewer urged the Commission to eliminate the conditions that were
placed on them that are not justified.
Jose Aeuila. Chairman of the Site Plan Review and Appearance Board
(SPRAB). concurred with comments expressed by Mr. Hasko that the Board is not here to
second guess staff. However, the problem the Board encountered was that in the staff
report there were comments that seemed excessive for what was being done and there was
no one to explain to the Board why they were being imposed. Mr. Aguila stated it was a
lack of clarity. He suggested that there should be a survey of the property.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of the appeal, to please come forward at this time. There being no one
from the public who wished to address the Commission regarding the appeal, the public
hearing was closed.
Mr. Brewer stated he agrees wholeheartedly on the landscaping and he
would be happy to take care of any deficiencies. In terms of the lighting, there are light
poles on the power poles and noted there is sufficient lighting and it meets all the light level
requirements (as of 2001). He stated the light poles have not been changed and urged the
Commission to allow them to not go through the cost and the time of doing that. Mr.
Brewer stated they are willing to repair the cracks in the sidewalk and are willing to
provide a survey. However, he objects to the typographic part of it because of the cost and
noted that none of the typographics are going to be changed on the site.
Mr. Hasko gave a brief rebuttal.
- 10-
02/06/07
Mr. Fetzer asked for clarification regarding the preliminary engineering
items and asked if the photometric plan is part of the list of 12 items.
Mr. Levinson stated the City Board was put in a precarious position and
asked the City Manager what happened. In response, the City Manager stated they are
working with the Engineering staff to make this whole process work smoother and get
these types of things resolved with staff before it goes to the Board. The City Manager
stated some of these need more discussion with the developer and his team.
Mr. Levinson suggested that this item be postponed to the Special!
Workshop meeting of February 13, 2007.
Mr. Brewer stated he does not feel the technical comments are relevant in
this project.
Mrs. Ellis stated this should have been worked out prior to this item being
brought to the City Commission.
Mr. Levinson moved to postpone the Special!W orkshop meeting of
February 13, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes.
Said motion passed with a 4 to 0 vote.
gee. WAIVER REQUESTS/SEAGATE HOTEL: Consider a request for
waiver of Land Development Regulations (LDR) Section 4.4. 13(F)(3)(f), Section
4.4.13(F)(3)(h) and Section 4.4. 13(F)(3)(i), "Building Frontage and Front Setbacks",
associated with the Class V site plan for Seagate Hotel on Atlantic Avenue located on the
south side of Atlantic Avenue, between Venetian Drive and Gleason 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 #2007-021 into the record.
Mr. Dorling stated on January 10, 2007, the Site Plan Review and
Appearance Board approved the Class V development proposal to construct a 162 room
hotel that includes a 7,469 square foot restaurant/kitchen, 6395 square feet of retail, and
4,328 square foot spa. He stated the applicant designed the project to the Downtown
Design Guidelines with the exception of the waivers to LDR Section 4.4. 13 (F)(3)(f), LDR
Section 4.4.13(F)(3)(h), and LDR Section 4.4. 13(F)(3)(i). Those sections relate to the
frontage requirements along Atlantic Avenue as well as the requirement to wrap that facade
- 11 -
02/06/07
around 60 feet of the building on the side streets and minor modifications to the setbacks
and building frontage requirements along Gleason and Venetian Drive.
Mr. Dorling stated the required findings with respect to LDR Section
2.4.7(B)(5) are made. SPRAB considered these waivers along with the Site Plan and
unanimously recommended approval of these changes to the City Commission. He stated
there is a new Board Order reflecting the changes.
Gary Stofft, Randall Stofft Architects (Architect for the project), gave a
brief overview of the project. He stated this site is an unusual site in that it is bounded by
three sides by streets.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of the waiver requests, to please come forward at this time.
There was no cross-examination or rebuttal.
Mr. Levinson commended the developer for creating a project that meets the
Design Guidelines.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson -
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
9.D. WAIVER REQUESTillELRAY BEACH COMMUNITY LAND
TRUST. INC.: Consider a request for waiver of Land Development Regulations (LDR)
Section 4.1.4(D), "Use of Lots of Record", and Section 4.7.12, "Other Incentives",
governing the use of 40-foot lots under the Workforce Ordinance for two (2) parcels
submitted for permitting by the Community Land Trust. The properties are located at 220
SW 4th Avenue and 214 NW 8th Avenue. (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.
Lula Butler, Director of Community Improvement, stated this is a waiver of
requirements to Sections 4.1.4(D) and 4.7.12, "Other Incentives", governing the use of 40-
foot lots under the Workforce Ordinance for two (2) parcels submitted for permitting by the
Community Land Trust (CLT). The properties are located at 220 S.W. 4th Avenue and 214
N.W. 8th Avenue. Lots of record that have at least 40 feet of frontage may be used, as long
- 12 -
02/06/07
as the workforce unit meets the typical designs represented by the sketches set forth in
Section 4.7.12 and the additional requirements of Section 4.1.4(D) as well as other
applicable code provisions are met. The two units submitted for permitting do not meet the
requirements specified under Section 4.1.4(D) and 4.7.12. The units proposed to be
constructed are not consistent with the designs and sketches specified in the approved
Workforce Ordinance. The Community Land Trust (CLT) has indicated that the designs
contained within the ordinance will substantially increase the cost of the construction,
making the units less affordable. Staff agrees with this because they have performed their
own analysis. Therefore, staff recommends that the City Commission consider approving
the waiver to Section 4.1.4(D) and Section 4.7.12 of the LDR's governing the use of 40-
foot lots associated with Workforce Units with a finding of fact pursuant to 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 waiver request, to please come forward at this time. No one from
the public came forward to address the Commission regarding the request.
There was no cross-examination or rebuttal.
Mrs. Butler stated staff will need to revisit the ordinance and amend it so
that it is more reasonably suited and will allow a range of designs.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part ofthe minutes).
Mrs. Ellis moved to approve the Board Order as presented, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
9.E. REOUEST FOR IN-LIEU PARKING SP ACESIINTELETRA VEL:
Consider a request from Inteletravel for the purchase of two (2) in-lieu parking spaces in
the amount of $15,600.00. Inteletravel is located at 209 North Swinton Avenue. (Quasi-
Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Scott Aronson, Parking Management Specialist, stated Inteletravel is located
at 209 North Swinton Avenue and has submitted a request for the purchase of two (2) in-
lieu parking spaces to accommodate a conversion of use from residential to office. The
existing 930 square foot single family home is located in the Old School Square Historic
Arts District (OSSHAD). The proposed 930 square foot conversion requires four (4)
parking spaces. Due to the site constraints and the nature of lot configurations in this
historic area, the applicant is only able to provide two (2) of the four (4) spaces required at
a cost of $7,800.00 per space. He stated it has been a long standing intent in the Old
- 13-
02/06/07
School Square District (OSSHAD) to promote these types of conversions to maintain the
historic structures in the city. This building was built in 1939 and remains a contributing
structure in the neighborhood. Objective A-4 of the Future Land Use Element of the
Comprehensive Plan calls for preservation of historic resources when redeveloping land
and buildings.
The Parking Management Advisory Board and the Community
Redevelopment Agency at their respective meetings recommended approval of the
applicant's request. Staff also recommends approval of the request.
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. No one from the public
came forward to address the Commission regarding the request.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Levinson moved to approve the Board Order as presented, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
to.
PUBLIC HEARINGS:
to.A. ORDINANCE NO. 59-06 (SECOND READING/SECOND PUBLIC
HEARING): Privately sponsored Future Land Use Map amendment (small-scale) from
CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) for a 9.00 acre
portion of the Christ the King Monastery of St. Clare and rezoning from CF (Community
Facilities) to R-l-AA (Single Family Residential) and associated reduction of lot frontage
and lot width requirements for proposed lots 20 and 25 within the subdivision at Christ the
King Monastery of St. Clare, Inc., located at the southeast comer of Sherwood Boulevard
and Sutton Place.
The caption of Ordinance No. 59-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM CF (COMMUNITY
FACILITIES); TO LD (LOW DENSITY RESIDENTIAL
- 14-
02/06/07
0-5 DUlAC); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED CF (COMMUNITY FACILITIES) TO R-l-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT;
PROVIDING FOR A MODIFICATION OF MINIMUM
LOT REQUIREMENTS AND SETBACKS FOR
CERTAIN LOTS; SAID LAND BEING A PARCEL OF
LAND LOCATED 125 FEET SOUTH OF SHERWOOD
BOULEVARD, APPROXIMATELY 650 FEET EAST OF
MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 59-06 is on file the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida and
the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open with the understanding that
staffwill bring this ordinance back again. No one from the public came forward to address
the Commission regarding Ordinance No. 59-06.
Mrs. Ellis moved to postpone Ordinance No. 59-06 until February 20,2007,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Ellis-
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed
with a 4 to 0 vote.
to.B. ORDINANCE NO. 38-06 (SECOND READING/ADOPTION
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2007-1): Consider on
second reading an ordinance adopting Comprehensive Plan Amendment 2007-1 and
associated Future Land Use Map (FLUM) amendments. Amendment 2007-1 includes:
The caption of Ordinance No. 38-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2007-1, PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
9- 15 -
02/06/07
MORE PAR TICULARL Y DESCRIBED IN EXHillIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT
2007 -1" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 38-06 is on file in the City Clerk's
office. )
A. Text Amendments:
h Future Land Use Element - Modification of the Commerce
FLUM designation to allow residential development within a
designated overlay district, subject to providing workforce
housing.
ii. Future Land Use Element - Modification of Mixed Use
Categories to add a description for the new "Congress Avenue
Mixed Use" designation, including provisions for maximum
densities and intensities, workforce housing and a transit-
oriented development overlay near the tri-rail station; and to
delete the description for the "Redevelopment Areas"
designation.
iii. Future Land Use Element - Amendment of Table L-7, Land
Use Designation/Zoning Matrix, to accommodate the new
Congress Avenue Mixed Use Designation.
iv. Future Land Use Element - Modification of Policy A-7.2 to
include the provision of workforce housing in the MROC
(Mixed Residential Office Commercial) zoning district which
encompasses the new Congress Avenue Mixed Use
designation. Language is also added to support a text
amendment to allow residential development within workforce
housing overlay districts in the CMR (Commerce) FLUM
designation when a minimum of 25% of the units are
workforce housing.
!.: Future Land Use Element - Modification of Policy A-7.4 to
increase the time for workforce housing units, constructed
under the Family/Workforce Housing Program, to remain
affordable from 30 to 40 years.
- 16 -
02/06/07
vi. Future Land Use Element - Modification of Policy A-2.4 to
reflect elimination of the potential for automobile dealerships
between NE 5th Street and George Bush Boulevard.
vii. Future Land Use Element - Modification of Policy A-l.9 to
support adding a new mixed-use Future Land Use Map
designation and zoning district within the Congress Avenue
Corridor. The new designation permits Commercial, Office and
Residential Development. Originally, an overlay district was to
be created and residential uses were not considered. Provisions
for maximum densities and intensities have also been added to
the policy.
viii. Capital Improvement Element - Modify Table CI-CIP (5-
Year Capital Improvements Schedule for Projects> $25,000)
to reflect adoption of the FY 2007-2011 Capital Improvement
Program.
ix. Capital Improvement Element - Modification of the General
Fund Revenue and Expenditure Five Year Forecast Table to
reflect the current Planning period.
!: Coastal Manaeement Element - Modification of Policy C-3.5
(Reconstruction Necessitated by an Act of God) to allow
commercial structures to be rebuilt to pre-disaster use, densities
and heights when nonconforming structures within the Coastal
Planning Area are destroyed by a natural disaster. Currently,
this policy applies only to residential, hotel, motel and resort
dwelling unit structures. This amendment adds commercial
structures.
B. Future Land Use Amendments Map:
h City Initiated Future Land Use Map amendment from TRN
(Transitional) in part, CMR (Commerce) in part, CF
(Community Facilities) in part and GC (General Commercial)
in part to CMU (Congress Avenue Mixed Use) for 225.5 acres,
generally located south of West Atlantic Avenue to the L-38
Canal, between Congress Avenue and the CSX Railway but
including the Congress Park, Congress Park South and Office
Depot Developments located on the west side of Congress
Avenue.
ii. City Initiated Future Land Use Map amendment from County
MR-5 (Medium Density Residential 5 units per acre) to City
MD (Medium Density Residential 5-12 du/ac), for an area
- 17 -
02/06/07
comprised of 3.18 acres, located on the west side of Barwick
Road, north of the L-31 Canal, adjacent to the Bexley Park
Subdivision.
iii. Privately Initiated Future Land Use Map amendment from IND
(Industrial) to CMR (Commerce) for the Depot Road property
comprising 9.00 acres, located north of West Atlantic Avenue
between Depot Road and the CSX Railroad.
iv. City Initiated amendment from GC (General Commercial) to
CC (Commercial Core) for the North Federal Highway Area
including 700 and 707 NE 6th Avenue (former O.c. Taylor
Dealership) totaling 21.6 acres, located between NE 4th Street
and George Bush Boulevard and extending from the FEC
Railroad to approximately ~ block east ofNE 6th Avenue.
The City Attorney read the caption of the ordinance.
Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning
Department project files #2006-349, #2006-202, #2006-309 into the record.
Mr. Hoggard stated the Comprehensive Plan Amendment 2007-1 (flea 2006-
1) was approved on first reading on August 1, 2006. The Amendment included three (3)
City initiated Future Land Use Map Amendments, two (2) privately initiated Future Land
Use Map Amendments, and six (6) text changes. He stated staff sent the Comprehensive
Plan Amendment 2007-1 to the Florida Department of Community Affairs for review and
received an Objections, Recommendations, and Comments (ORC) Report on December 22,
2006. There were four (4) objections in the report and three (3) of them dealt with
concurrency issues related to the Future Land Use Map amendments and the fourth related
to adding a policy given the density and intensities for the new district for the Congress
Avenue Corridor. Mr. Hoggard briefly reviewed the text amendments to the
Comprehensive Plan Amendment 2007-1. Staff recommends approval of Ordinance No.
38-06 (adopting the Comprehensive Plan Amendment 2007-1).
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 38-06, the
public hearing was closed.
Prior to the vote, Mr. Levinson commented that Comprehensive Plan
Amendment 2007-1 will be the first of two Comprehensive Plans for 2007-1. Mr. Hoggard
stated staff will bring back a second text amendment at the end of Mayor the beginning of
June 2007 (Comprehensive Plan Amendment 2007-2).
Mayor Perlman confirmed that staff has 45 days to get it to DCA. Mr.
Hoggard stated DCA has 45 days after staff submits the Comprehensive Plan and it will be
submitted toward the end of this week.
- 18 -
02/06/07
Mrs. Ellis moved to approve Ordinance No. 38-06 (adopting Comprehensive
Plan Amendment 2007-1), seconded by Mr. Fetzer. Upon roll call the Commission voted
as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 4 to 0 vote.
to.C. ORDINANCE NO. 5-07 (FIRST READING/FIRST PUBLIC
HEARING: City initiated rezoning from MIC (Mixed Industrial and Commercial), PCC
(Planned Commerce Center), POC (Planned Office Center), PC (Planned Commercial),
and CF (Community Facilities) to MROC (Mixed Residential Office and Commercial) for
the area bounded by West Atlantic Avenue on the north, the C-15 canal to the south, 1-95
transportation corridor on the east and generally Congress Avenue on the west together
with the Congress Park, Congress Park South and the Office Depot complexes, located just
west of Congress Avenue. If passed, a second reading, second public hearing will be
scheduled for February 20,2007.
The caption of Ordinance No. 5-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT IN PART, PCC
(PLANNED COMMERCE CENTER) DISTRICT IN
PART, POC (pLANNED OFFICE CENTER) DISTRICT
IN PART, PC (PLANNED COMMERCIAL) DISTRICT
IN PART, AND CF (COMMUNITY FACILITIES)
DISTRICT IN PART TO MROC (MIXED
RESIDENTIAL, OFFICE AND COMMERCIAL)
DISTRICT; SAID LAND BEING PARCELS OF LAND
GENERALLY LOCATED WITHIN THE AREA
BOUNDED ON THE NORTH BY WEST ATLANTIC
AVENUE, ON THE SOUTH BY THE C-15 CANAL,
ON THE EAST BY 1-95, ON THE WEST BY
CONGRESS AVENUE, AND TOGETHER WITH THE
CONGRESS PARK, CONGRESS PARK SOUTH AND
OFFICE DEPOT COMPLEXES, LOCATED JUST
WEST OF CONGRESS AVENUE AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA,
MARCH 2006"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 5-07 is on file in the City Clerk's
office.)
- 19-
02/06/07
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida and
the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City-initiated
rezoning from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF
(Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center)
to MROC (Mixed Residential, Office and Commercial). The rezoning action involves 63
parcels totaling 225.50 acres located within the Congress Avenue Corridor development
area. A City initiated Comprehensive Plan Amendment establishing the Congress Avenue
Mixed Use Land Use Map category and changing the land use designation of parcels in the
Congress Avenue Corridor is being processed as part of Comprehensive Plan Amendment
2007-1 and is being considered concurrently. On December 5, 2006, the City Commission
created a new zoning district MROC (Mixed Residential, Office and Commercial). This
rezoning furthers the policies of the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development
of Class A Corporate Office Space as well as encouraging a creation of mixed use
developments as well as Housing policies that relate to encouraging and providing diverse
housing through innovative opportunities i.e. workforce housing and transit oriented
housing through innovative development practices.
At is meeting of January 22, 2007, the Planning and Zoning Board
considered the rezoning and two people from the public spoke. One with a request for a
traffic light at N.W. 29th Street and the other inquired about what water conservation
initiatives were included in the action. The Board recommended approval with a 6 to 0
vote. Mr. Dorling stated for the record through the creation of the land use category and
the zoning category was a concern by Mr. Elmore who owns the Hardrives Facility has
noted that he is a 24/7 operation and that as people design around his site particularly with
residential uses that they take that into account. Staff recommends approval on First
Reading/First Public Hearing.
The City Attorney stated there will be a quasi-judicial and public hearing on
February 20,2007.
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 5-07, the
public hearing was closed.
Mr. Levinson moved to approve Ordinance No. 5-07 on First Reading/First
Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said
motion passed with a 4 to 0 vote.
t O.D. ORDINANCE NO. 79-06: Privately initiated rezoning from GC (General
Commercial) to AC (Automotive Commercial) for a 6.28 acre property (formerly the Ralph
Buick Dealership), located at the northeast corner of South Federal Highway and Fladell's
- 20-
02/06/07
Way. (Quasi-Judicial Hearing)
The caption of Ordinance No. 79-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED GENERAL COMMERCIAL (GC) DISTRICT TO
AUTOMOTIVE COMMERCIAL (AC) DISTRICT; SAID
LAND BEING A PARCEL LOCATED AT THE
NORTHEAST CORNER OF SOUTH FEDERAL
HIGHWAY (U.S. HIGHWAY NO.1) AND FLADELL'S
WAY (AVENUE "F"), AS MORE P ARTICULARL Y
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, "MARCH 2006"
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 79-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
At this point, Commissioner Levinson stepped away from the dais.
Mr. Fetzer moved to approve to postpone Ordinance No. 79-06 to March 5,
2007 at 7:00 p.m., seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed
with a 3 to 0 vote.
At this point, Commissioner Levinson returned to the dais.
to.E. ORDINANCE NO. 69-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated rezoning from GC (General Commercial) in part and AC
(Automotive Commercial) in part to CBD (Central Business District) for the North Federal
Highway Area and including 700 & 707 NE 6th Avenue (former O.c. Taylor dealership)
with a combined total of 21.6 acres, located between NE 4th Street and George Bush
Boulevard and extending from the FEC Railroad to approximately ~ block east of NE 6th
Avenue. (Quasi-Judicial Hearing)
The caption of Ordinance No. 69-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT IN PART AND GC (GENERAL
- 21 -
02/06/07
COMMERCIAL) DISTRICT IN PART TO CBD
(CENTRAL BUSINESS) DISTRICT; SAID LAND
BEING PARCELS OF LAND GENERALLY LOCATED
BETWEEN NE 4TH STREET AND GEORGE BUSH
BOULEVARD AND EXTENDING FROM THE FEC
RAILROAD TO APPROXIMATELY ~ BLOCK EAST
OF NE 6TH AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 69-06 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.
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.
Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning
Department proj ect file #2006-310 into the record.
Mr. Hoggard stated this is the area that was discussed with the
Comprehensive Plan Amendment. The rezoning is to do the same area and go from AC
(Automotive Commercial) and GC (General Commercial) to CBD (Central Business
District). This area was originally privately initiated as the Comprehensive Plan
Amendment was and now it is City initiated.
At its meeting of November 20, 2006, the Planning and Zoning Board
reviewed this item and found it to be consistent with the positive findings with respect to
the rezoning findings 2.4.5(D)(5) as well as Chapter 3 findings and recommended approval
to the Commission. Mr. Hoggard noted that the applicant withdrew their application.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of the rezoning, to please come forward at this time. There being no one
from the public who wished to address the Commission regarding the rezoning, the public
hearing was closed.
- 22-
02/06/07
Mrs. Ellis moved to adopt Ordinance No. 69-06 on Second Reading/Second
Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
to.F. ORDINANCE NO. 70-06: City initiated annexation and rezoning from
County AR (Agricultural Residential) to City RM-8 (Residential Medium Density 8 du/ac)
in part for an area totaling 3.18 acres located on the west side of Barwick Road, north of
the L-31 Canal, adjacent to the Bexley Park Subdivision. (Quasi-Judicial Hearing)
The caption of Ordinance No. 70-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
PARCEL OF LAND LOCATED ON THE SOUTH SIDE
OF 133RD ROAD SOUTH, 640 FEET WEST OF
BARWICK ROAD, AND APPROXIMATELY 1,400
FEET NORTH OF LAKE IDA ROAD, AS THE SAME
IS MORE PARTICULARLY DESCRillED HEREIN,
WHICH LAND IS CONTIGUOUS TO THE EXISTING
MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO RM-8 (MEDIUM
DENSITY RESIDENTIAL - 8 UNITS PER ACRE);
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 70-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A quasi-judicial
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.
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 #2006-357 and #2006-358 into the record.
- 23-
02/06/07
Mr. Dorling stated this is a City owned parcel containing 3.18 acres ofland
located along the south side of 133rd Road South. The property is in the City's annexation
area (Annexation Area "E") and this is consistent with the Comprehensive Plan policies
that call for annexing property when appropriate. The land use amendment related to this
is being processed as part of Comprehensive Plan Amendment 2007-1 (which the City
Commission approved this evening on Second and FINAL Reading). Mr. Dorling stated
this is an annexation and change from County zoning AR (Agricultural Residential) to City
RM-8 (Residential Medium Density, 5-8 du/ac) that would restrict the maximum density to
8 units to the acre or less.
At its meeting of July 17, 2006, the Planning and Zoning Board held a
public hearing and after reviewing the Board recommended approval with a 6 to 1 vote to
recommend approval.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of Ordinance No. 70-06, to please come forward at this time. There being
no one from the public who wished to address the Commission regarding Ordinance No.
70-06, the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 70-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion
passed with a 4 to 0 vote.
to.G. ORDINANCE NO. 3-07: Future Land Use Map amendment (small-scale)
from County LR-l (Low Density Residential 1 du/ac) to City LD (Low Density Residential
0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-l-AA
(Single Family Residential) for a 0.72 acre property located at 2200 Lake Drive. (Quasi-
Judicial Hearing)
The caption of Ordinance No. 3-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM COUNTY LR-l
(LOW RESIDENTIAL 1 DU/ AC); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DU/ AC); ELECTING
TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTLY ZONED COUNTY AR
(AGRICULTURAL RESIDENTIAL) TO R-l-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED AT
THE NORTHWEST CORNER OF LAKE DRIVE AND
- 24-
02/06/07
NW 22ND STREET, AS MORE PARTICULARLY
DESCRillED HEREIN; AMENDING "ZONING MAP
OF DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 3-07 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A quasi-judicial
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.
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 #2006-311 and #2006-312.
Mr. Dorling stated this is a 0.72 acre parcel located at 2200 Lake Drive. On
September 19, 2006, the property was annexed into the City of Delray Beach via Ordinance
No. 44-06. This ordinance included a small scale amendment and rezoning. However,
DCA (Department of Community Affairs) has objected to this part of the ordinance as it
was enacted prior to the adoption of the EAR (Evaluation and Appraisal Report)
amendment. Therefore, staff is requesting that the Commission re-adopt the Small Scale
Future Land Use Map amendment and rezoning portion of the original application. Mr.
Dorling stated this parcel was de-annexed at the end of last year from Boynton Beach and
is more appropriately located in Delray Beach.
At its meeting of August 21, 2006, the Planning and Zoning Board
considered this request and there was public testimony in opposition related to traffic
increase and concerns that future development could include a zero lot line development.
Mr. Dorling stated there was some confusion over what the land use designation would
allow (0-5 du/ac). Mr. Dorling stated this is the same land use and zoning as the
surrounding subdivision and is proposed to be developed in a like form. Staff recommends
approval of Ordinance No. 3-07.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of Ordinance No. 3-07, to please come forward at this time. There being
no one from the public who wished to address the Commission regarding Ordinance No. 3-
07, the public hearing was closed.
- 25 -
02/06/07
Mrs. Ellis moved to adopt Ordinance No. 3-07 on Second and FINAL
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 4 to 0 vote.
to.H. ORDINANCE NO. 4-07: Future Land Use Map amendment (small-scale)
from County LR-3 (Low Density Residential 3 du/ac) to City TRN (Transitional) and
rezoning from CG/SE (Commercial General/Special Exception) to City zoning of SAD
(Special Activities District) for a 0.99 acre property, to be known as Robotic Space Savers
located at the southwest corner of Conklin Drive and Military Trail. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 4-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM COUNTY LR-3
(LOW RESIDENTIAL - 3 DU/ AC); TO TRN
(TRANSITIONAL), ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED COUNTY CG/SE (COMMERCIAL
GENERAL/SPECIAL EXCEPTION) TO SPECIAL
ACTIVITIES DISTRICT (SAD) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED AT
THE SOUTHWEST CORNER OF CONKLIN DRIVE
AND MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 4-07 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A quasi-judicial
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.
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.
- 26-
02/06/07
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-59 and #2006-60 into the record.
Mr. Dorling stated this is a 0.99 acre property and has a County CG/SE
(Commercial General/Special Exception) zoning designation and staff is proposing to
change this to City SAD (Special Activities District) and change the land use from County
LR-3 (Low Residential- 3 du/ac) to City TRN (Transitional). This property is currently in
the City of Delray Beach and was annexed on July 25, 2006 along with the small scale
FLUM amendment and rezoning application. He stated DCA (Department of Community
Affairs has objected to this part of the ordinance, as it was enacted prior to the adoption of
the EAR (Evaluation and Appraisal Report) on October 23, 2007. To address this issue,
staff is re-adopting the small scale amendment and rezoning.
Mr. Dorling stated on May 24,2007, the site plan was reviewed and denied
by the Site Plan Review and Appearance Board (SPRAB). On July 25, 2006, the City
Commission approved Ordinance No. 5-06 annexing the subject property in the City of
Delray Beach, and during this same meeting the City Commission heard the appeal for
Robotic Space Savers and overturned the SPRAB denial of the Class V site plan, landscape
plan, and architectural elevations. Positive findings for these actions were made by the
City Commission at this meeting.
Michael Weiner. Attorney with Weiner and Aronson. P.A.. t02 North
Swinton Avenue. Delray Beach (representing the applicant), stated the substantial burden
of proof has been met.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of Ordinance No. 4-07, to please come forward at this time.
Alice Finst. 707 Place Tavant. Delray Beach. stated she has spoken on this
project before at SPRAB and at the Commission meeting. She expressed concern that the
building will be close to 50 feet in height. She stated she is particularly concerned about
the noise and hours of operation and how this will affect the adjacent property owners.
Mrs. Finst stated she is very concerned about what is going to happen to this area and feels
this is not accommodating the residential areas or the ambience of Military Trail. Mrs.
Finst urged the Commission to look into this again.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 4-07 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
- 27-
02/06/07
to.I. RESOLUTION NO. 4-07/CONTRACT FOR SALE AND PURCHASE
OF PROPERTY/COMMUNITY REDEVELOPMENT AGENCYIINTERLOCAL
AGREEMENT/t45 SW t2TH AVENUE: Consider approval of Resolution No. 4-07
authorizing the City to purchase property, located at 145 SW 12th Avenue, to provide land
to be used in conjunction with the Neighborhood Resource Center; and approve Contract
for Sale and Purchase between the City and the Community Redevelopment Agency
(CRA) in the amount of$10.00; and approve an Interlocal Agreement between the City and
the Community Redevelopment Agency (CRA) providing that the CRA shall pay for the
construction costs of the conversion while the City shall oversee such construction.
The caption of Resolution No. 4-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRillED
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.
(The official copy of Resolution No. 4-07 is on file in the City Clerk's
office.)
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
The City Attorney stated Resolution No. 4-07 contains a contract for sale
and purchase of property that the City of Delray Beach would like to buy from the
Community Redevelopment Agency (CRA) and the purchase price is $10.00 and will
provide for the expansion of the Neighborhood Resource Center and the CRA will pay the
construction costs of the conversion while the City of Delray Beach will oversee the
construction.
Vice Mayor Ellis declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 4-07, the
public hearing was closed.
Mr. Fetzer moved to approve Resolution No. 4-07, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Vice Mayor Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 0 vote.
At this point, the Commission moved to Item tt, Comments and Inquiries
on Non-Agenda Items from the City Manager and the Public.
- 28-
02/06/07
1l.A.
City Manaeer's response to prior public comments and inauiries.
The City Manager had no response to prior public comments and inquiries.
1l.B. From the Public.
1l.B.I. Vin!inia Snyder. 200 S. Swinton Avenue. Delray Beach. expressed
concern over the park at the south end of Swinton Avenue before S.W. 10th Street. She
stated the City crews are parking their vehicles there because it is in the shade. Mrs.
Snyder stated this area is a low area that stays wet. Mrs. Snyder stated when the vehicles
leave long stretches of sod are dug up.
At this point, the time being 7:42 p.m., the Commission moved back to Item
9.F. of the Regular Agenda.
9.F. REJECTION OF BIDS/BEXLEY TRAIL COMMUNITY PARK
IMPROVEMENTS PROJECT: Consider rejection of all bids received for the Bexley
Trail Community Park Improvements Project and authorize staff to re-bid this project.
Richard Hasko, Director of Environmental Services, stated this is a request
and recommendation from staff for a rejection of bids that were received from Bexley Trail
Community Park. He stated two bids were received; one from Welling Construction, Inc.
and West Construction, Inc. The low bidder (Welling Construction, Inc.) was not able to
meet the City's bonding requirements. Mr. Hasko stated staff has been working with the
City Attorney's office to try and resolve the issues with the bond format. Mr. Hasko stated
it would not be considered equitable to award this project to the low bidder because there is
a potential that other contractors might have bid without those other bid restrictions. Staff
recommends approval of the rejection of all bids received for the 2004-060 Bexley Trail
Community Park Improvements Project and authorizes staff to re-bid this project after the
bond forms have been re-evaluated.
Mrs. Ellis moved to approve to authorize staff to reject all bids received for
the Bexley Trail Community Park Improvements Park Project and authorize staff to re-bid
the contract, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
9.G. WESTERN/SENIOR COMMUNITY CENTER NAMING CONTEST:
Provide direction regarding the proposed names for the Western/Senior Community Center.
Joe Weldon, Director of Parks and Recreation, stated the Parks and
Recreation Department held a contest for the naming of the new Western Senior
Community Center. Staff reviewed 254 applications submitted by residents. The
Committee came up with three recommendations for the City Commission to select from:
(1) The Delray Beach Family Recreation & Fitness Center, (2) Delray Beach Community
L.LF.E. (Leisure Interaction Fitness Education) Center, and (3) Delray Omni Center.
- 29-
02/06/07
Mrs. Ellis moved to approve the name The Delray Beach Family Recreation
& Fitness Center for the new Western/Senior Community Center, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
9.H. MARLOWE AND COMPANY/PROPOSAL FOR FEDERAL
LOBBYING SERVICES: Consider a proposal with Marlowe and Company to provide
Federal Lobbying Services for the City of Delray Beach.
Doug Smith, Assistant City Manager, stated staff was approached by
Howard Marlowe of Marlowe and Company, a firm that specializes in lobbying for public
entities and non-profits. Mr. Smith stated in addition to their lobbying services they also
can provide assistance in the grant area. At this point, he stated there is no one representing
the City of Delray Beach with lobbying at a federal level. Mr. Smith stated if the
Commission is interested in exploring this further, Mr. Marlowe will likely be able to
attend the February 13, 2007 Special/Workshop meeting.
Mayor Perlman stated it is a good idea to have a voice in Washington. He
stated he likes the concept; however, he does not like to purchase anything without seeing
the person. Mayor Perlman stated two other firms were recommended to him (Artemis
Strategies and Alcalde and Fay).
Mr. Levinson stated Boca Raton and the County has Federal lobbyists. He
suggested that if there are other cities in Palm Beach County that are using a lobbying firm
that staff find out who they are and if they are happy with them.
Mayor Perlman stated the advice he was given was to look for a firm with a
Bi-Partisan Company that specializes in municipal appropriations.
After brief discussion, it was the consensus of the Commission to direct staff
to contact Mr. Marlowe and other firms to make a presentation at the SpeciallW orkshop
meeting.
9.1. MANAGEMENT/STAFFING AGREEMENT/MAE VOLEN SENIOR
CENTER. INC.: Consider approval of a Management/Staffing Agreement between the
City and Mae Volen Senior Center, Inc. to provide programming for senior citizens and
continue its Alzheimer operations at the Western/Senior/Community Center.
The City Attorney stated Mae Volen currently has a lease with the City of
Delray Beach for the Alzheimer's Day Care Facility and this is an extension of the
agreement. She stated this is a three (3) year agreement and briefly reviewed the general
terms of the agreement.
Mr. Levinson stated he is embarrassed to be Jewish when the Jewish
Federation and their affiliates conduct themselves the way Ruth Rales has through this
entire process.
- 30-
02/06/07
Mayor Perlman stated he does respect the Jewish Federation and its
affiliates. However, he did feel by copying the Congressional Delegation and the State
Senators, etc. he felt it was done to influence his decision. Mayor Perlman stated to their
credit, he did not receive calls from any elected officials; however, he did receive calls
from a few aides. Mayor Perlman stated this goes back to home rule and emphasized that
this is a local decision and he does not need his Congressman or State Senator to tell us
how to serve our senior citizens. He stated he is very comfortable with Mae V olen and
looks forward to a long relationship with them.
Mr. Levinson moved to approve the extension of the existing agreement,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson-
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a
4 to 0 vote.
9.J. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one
(1) alternate member to the Board of Adjustment for an unexpired term ending August 31,
2007. Based upon the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3).
Mr. Levinson moved to reappoint Sigurdur Hardester as an alternate
member to the Board of Adjustment for an unexpired term ending August 31, 2007,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman
- Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
9.1{. APPOINTMENTS TO THE BOARD OF CONSTRUCTION
APPEALS: Appoint three (3) regular members to the Board of Construction Appeals to
serve two (2) year terms ending August 31, 2008. Based upon the rotation system, the
appointments will be made by Commissioner Levinson (Seat #3), Commissioner Montague
(Seat #4), and Mayor Perlman (Seat #5).
Mr. Levinson moved to reappoint Anthony Spirelli as a regular member to
the Board of Construction Appeals to serve a two (2) year term ending August 31, 2008,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed
with a 4 to 0 vote.
Due to her absence, Commissioner Montague's appointment will be
deferred to the meeting of February 20,2007.
Mayor Perlman stated he wished to reappoint James Houck as a regular
member to the Board of Construction Appeals to serve a two (2) year term ending August
31,2008. Mr. Levinson so moved, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis
- Yes. Said motion passed with a 4 to 0 vote.
- 31 -
02/06/07
9.L. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) regular member to the Nuisance Abatement Board for an unexpired term
ending March 31, 2008. Based upon the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3).
Mr. Levinson moved to reappoint Eileen Marks as a regular member to the
Nuisance Abatement Board for an unexpired term ending March 31, 2008, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
9.M. SPECIAL EVENT REQUESTIDELRAY BEACH FILM FESTIVAL:
Approve a request to endorse the 2nd Annual Delray Beach Film Festival proposed to be
held from March 13 through March 18, 2007; to grant a temporary use permit per LDR
Section 2.4.6(F) for the closure ofNW 1 st Street on March 13,2007 from 9:00 p.m. - 2:00
a.m., for the event party at DaDa's; to approve the reservation of sixteen (16) tee times at
the Municipal Golf Course on March 15, 2007 beginning at 9:00 a.m. for a golf outing; to
approve the use of the south end of the beach on March 17,2007 from 8:00 a.m. to 12:00
p.m. for a surfing demonstration and contest; to approve the use of the beach on March 16,
2007 from 10:00 a.m. - 6:00 p.m., for Beach Tennis in front of the Marriott and Boston's
On The Beach; to authorize staff support for the traffic control and security for the street
closure and event signage; contingent on the receipt of a hold harmless agreement and
receipt of the certificate of liability insurance.
Robert A. Barcinski, Assistant City Manager, stated this item is a request for
the City Commission to endorse the 2nd Annual Delray Beach Film Festival proposed to be
held March 13-18,2007, to grant a temporary use permit for the closure ofN.W. 1st Street
on March 13,2007 from 9:00 p.m. - 2:00 a.m., for the event party at DaDa's, approve the
reservation of sixteen (16) tee times at the Municipal Golf Course on March 15, 2007
beginning at 9:00 a.m., for a golf outing; to approve the use of the south end of the beach
on March 17, 2007 from 8:00 a.m. - 12 noon for the surfing demonstration and contest,
approve the use of the beach on March 16, 2007 from 10:00 a.m. - 6:00 p.m. for Beach
Tennis in front of the Marriott and Boston's on the Beach, and authorize staff support for
the traffic control and security for the street closure and event signage. Dr. Posner intends
to utilize the Crest Theater and Pavilion at Old School Square as well as the Regal Cinema
to show the films. City staff services are needed for the street closure request for
barricading, traffic control and security. The estimated overtime costs for staff is
$1,100.00. Per event policies and procedures, there would be no charge for these costs.
Staff recommends approval with the following conditions: (1) Receipt of a certificate of
event liability insurance by March 3, 2007, (2) Receipt of an executed copy of a rental
agreement with Old School Square by February 19,2007, (3) Receipt of a Hold Harmless
Agreement by February 19,2007, and (4) Approval of the street closure request to no later
than midnight on March 13,2007, with no outdoor amplified music after 11 :00 p.m.
- 32-
02/06/07
Mr. Levinson moved to approve the Special Event Request for the 2nd
Delray Beach Film Festival with conditions 1-4 as recommended by staff, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 8:02 p.m., the Commission moved to Item t2,
First Readings.
t2.
FIRST READINGS:
t2.A. ORDINANCE NO. 2-07: Privately initiated amendments to the Land
Development Regulations (LDR), Article 4.7, "Family Workforce Housing," Section 4.7.9
"General Provisions," to allow one (1) bedroom units in the Workforce Housing Program.
Ifpassed, a public hearing will be scheduled for February 20,2007.
The caption of Ordinance No. 2-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.7.9, "GENERAL
PROVISIONS", TO CLARIFY THE TYPE AND
NUMBER OF CERTAIN UNITS ALLOWED;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 2-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is the
Family/Workforce Housing ordinance originally approved on December 6, 2004 to
encourage workforce housing. The proposed amendment includes provisions to cap the
number of one-bedroom units to no more than 30% of the total units in the project and to
prohibit efficiency and studio type units. Additionally, the requirement that the ratio
between market rate and workforce units be consistent by unit type has been expanded to
include one-bedroom units.
At its meeting of January 22, 2007, the Planning and Zoning Board
considered the text amendment and no one from the public spoke on the amendment.
After discussing the proposal, the Board voted 5 to 0 (Krall stepped down) to recommend
approval.
- 33 -
02/06/07
Mr. Fetzer moved to approve Ordinance No. 2-07 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed
with a 4 to 0 vote.
12.B. ORDINANCE NO. 7t-06: Privately initiated rezoning from I (Industrial)
in part and OS (Open Space) in part to MIC (Mixed Industrial and Commercial) for a 10.7
acre property located along Depot Road north of the Old Train Station, between the CSX
Railroad and 1-95. Ifpassed, a public hearing will be scheduled for February 20,2007.
The caption of Ordinance No. 71-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED I (INDUSTRIAL) DISTRICT IN PART AND
OS (OPEN SPACE) DISTRICT IN PART TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED NORTH OF THE OLD TRAIN STATION,
BETWEEN THE CSX RAILROAD AND 1-95, AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 71-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is the property the
Commission has seen this evening with respect to the Comprehensive Plan 2007-1 changes.
This is a slight change from what was considered at the Planning and Zoning Board's
meeting of July 17,2006 as it relates to re-aligning the road.
At its meeting of July 17, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the request and there was no public testimony. After
discussing the proposal, the Board voted 6 to 0 to recommend that the request be approved.
Mrs. Ellis moved to approve Ordinance No. 71-06 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed
with a 4 to 0 vote.
- 34-
02/06/07
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Manaeer
At its meeting of January 2, 2007, Mayor Perlman expressed concern from
Mr. Tony Samra about Rocky's Restaurant having speakers outside late at night creating a
great deal of noise, the City Manager stated the Code Enforcement officer assigned to the
downtown has spoken with the business owner about placing speakers outside. He has
been given a verbal warning in the past during Jazz on the Avenue. At this point, the City
Manager stated he is subject to the civil citation procedure for future violations. Staff has
also been in touch with Clean and Safe, staff, and the Police Department regarding this
issue so that they are all alerted to it. The City Manager stated he hopes the business owner
will comply now that further contacts have been made. However, if he does not, staff is
prepared to issue citations.
13.B. City Attorney
The City Attorney had no comments and inquiries on non-agenda items.
13.C.
13.C.1.
City Commission
Mr. Fetzer
Mr. Fetzer stated he is glad to see that the City of Delray Beach recognized
Mr. Fred Sergio for his 90th birthday and was pleased to represent Mayor Perlman at Mr.
Sergio's surprise 90th birthday party.
Secondly, Mr. Fetzer stated he attended a Sunday Musical Matinee at the
Delray Beach Library which is held the last Sunday of every month at 2:00 p.m. and
commented he was thrilled to see a concert of that quality that was so well attended.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she received several telephone calls in support ofthe Town
Hall meeting and the new roundtable format that was chosen this year. She commented
that she received good feedback from the public.
t3.C.3.
Mr. Levinson
Mr. Levinson thanked Commissioner Fetzer for overseeing the supervising
of the garage fire at his home. In addition, he thanked the Police Department and Fire
Department for their speedy response.
Secondly, he stated the Florida Housing Finance Corporation did approve
Mary Place (West Palm Housing Authority effort) and the Midtown Developers (on
Blood's Hammock) for a $5 million grant which provide approximately 32 units of
- 35 -
02/06/07
workforce housing that will be owned and resold and the land kept into the land trust for
affordability in the future. Mr. Levinson thanked the Chamber of Commerce, the City of
Delray Beach, and the Community Land Trust (CLT).
Mr. Levinson stated he received emails from people who attended the
roundtable format who informed him that it was hugely successful compared to some of the
Town Hall meetings in the past. He apologized for missing the meeting and noted he was
on a cruise with his parents who have been married for 59 years.
He commented about a letter he received from the Business Forum. Mr.
Levinson stated he would like the City Manager to send a copy of the City's budget to
Mike Jones who is leading this on behalf of the Economic Council of Palm Beach County.
Mr. Levinson stated he would be happy to deliver the City's budget to Mr. Jones and ask
him to make suggestions regarding cuts in the budget.
Mr. Levinson stated an email blast was forwarded to him by "Save Delray"
which talked about unresponsive government. He stated people know we have an open and
responsive government.
He stated the Hometown Connection Newsletter was fabulous. Mr.
Levinson publicly apologized to Rich Pollack for not yet calling him back about an email
he sent. Mr. Levinson stated this may be the nicest annual report and feels a picture is
worth a thousand words. Mr. Levinson stated he was approached by several people at the
tennis tournament Friday evening who told him how much they appreciate it. Mr.
Levinson expressed kudos to Rich Pollack and Doug Smith.
Lastly, Mr. Levinson thanked City staff Lula Butler, George Diaz, and Russ
Accardi for their help as well especially after the fire helping his family through the process
oftrying to get the property back together again.
13.C.4.
Mayor Perlman
Mayor Perlman commented about the tennis event and stated the finals were
played on Monday due to the rain on Sunday. He stated approximately 500-600 people
attended the finals and noted the new seats with the backs were installed and they look
great.
Secondly, he stated prior to the Roundtable meeting on January 30, 2007
there was a Public Art Advisory Board meeting. Mayor Perlman stated it was a great
meeting and there are some terrific ideas that were done inexpensively. Mayor Perlman
suggested that the PowerPoint be made available for the Commission to see either at a
future Workshop meeting or just at their own leisure. He noted there are some real creative
things going on across the country.
- 36-
02/06/07
Mayor Perlman stated he went to Cason United Methodist Church on
Sunday and was happy to see the City Attorney's study circle there in support of the church
which had its marquee vandalized with a racial epithet. He stated it was a very moving
service and a great bonding experience for the community. Mayor Perlman noted it was
Boy Scout Day and there were many young people at the church and he feels they received
a very good life lesson along with the service.
The Roundtable format worked as well as he hoped it would and he
continues to get positive feedback on it. He stated people were very appreciative of being
able to network with each other and also with department heads. Mayor Perlman stated
people were appreciative of department heads staying late and being able to get to know
them as people. He stated in American City and County Government Magazine, the
Editor's note talks about communication in general and explains that in this day and age
where we are bombarded by messages all the time that the only way to get through to
somebody is to sit them down and engage them and give them an opportunity to interact.
Mayor Perlman stated he hopes this format will continue in the future.
Mayor Perlman stated Otis White has written a new magazine called "Swan
Song" and has written 1,200 columns. He stated Mr. White's consulting firm is doing a
study on how communities make big decisions. Mayor Perlman stated Mr. White wrote
back explaining that he believes his research will encompass Delray Beach because he uses
it as an example of a city that does a lot in the areas of civic engagement. Mayor Perlman
stated the study will begin in March and he feels it will be an interesting study for future
elected officials and City Managers on how communities make decisions.
Mayor Perlman thanked Janet Meeks and Dr. Debra Kaiser for the
upcoming Education Auction on Monday night. He stated it will be the most successful
auction we have ever had because they have sold more tickets than ever and have more
sponsors. Mayor Perlman stated they are moving toward getting an endowment for our
schools which he feels is very important.
Mayor Perlman stated he was selected to receive an award (Silver
Medallion) from the NCCJ (National Conference for Community and Justice) for the
efforts with R.A.C.E. Relations. The luncheon will be held on Friday, March 9, 2007 at the
Signature Grand in Davie. He spoke about the R.A.c. E. Relations initiative on video and
this will be placed on their website and will be used at the luncheon.
He will be leaving Friday to attend a one-day League of Mayors session in
Tampa regarding Home Rule, property taxes, etc. Mayor Perlman stated there were
numerous meetings last week with Senator Atwater and Representative Hasner and both
got an earful from local mayors and managers about respecting home rule and trying to
bring some balance regarding revenue and taxation. He feels there is an issue with
commercial properties.
- 37 -
02/06/07
Lastly, Mayor Perlman stated Senator Jeff Atwater brought Kevin McCarty
(Insurance Secretary) here and they want to travel the state and work with localities on how
to work on peoples' houses and help them qualify for some of their mitigation relief. He
suggested that the City of Delray Beach schedule something in this community and work
with Boynton Beach and Boca Raton. Mayor Perlman stated the City of Boca Raton held
this last year where they just open it up to the public to come and learn about different
methods to make their houses more secure in hurricanes and ways to save money. He
stated the Department of Insurance is going to host these meetings and they want to work
with local government on this.
Mr. Levinson stated he has talked to several insurance brokers who stated
they have been notified by their underwriting companies that they will be withdrawing if
not all, most of their coverage from the State of Florida because the state has put measures
in place which do not fix the underlining problem. Mrs. Ellis commented on the business
tax cap. Mayor Perlman stated he explained to Representative Adam Hasner and Jeff
Atwater that the equations changed after the hurricanes and the cost of government is more
money. Mayor Perlman stated there is a problem in the State of Florida and people need
tax relief. He stated he would like to see a discussion where experts can look at Florida's
needs and figure out what the realistic cost of government is and find an equitable tax
structure that we can all work with. Mayor Perlman asked the City Manager to provide
him with an analysis that he can take with him to Tampa.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:40 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk ofthe City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on February
6, 2007, which Minutes were formally approved and adopted by the City Commission on
- 38 -
02/06/07
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.
- 39-
02/06/07
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME~IRST NAME~IDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE
Perlman, Jeffrey L. Delray Beach City Commission
MAlUNG ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY iCITY lJ COUNTY lJ OTHER LOCAl. AGENCY
Delrav Beach, Florida 33444 Palm Beach NAME OF POLITICAL SUBDIVISION:
.
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
February 6, 2007 Xl ELECTIVE lJ APPOINTIVE
WHO MUST FILE FORM 88
This fonn 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 yarygreatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORI[)A STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local. officer also. is. prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies. under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a *relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A *business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
. are not listed on any national or regional stock exchange).
*
*
*
*
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who should incorporate the fonn in the minutes.
*
*
*
APPOINTED OFFICERS:
Mhough you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INflUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGE 1
ITEM 10.1
APPOiNTeD OFFICERS (continued)
· A copy'Of the fomfmust.be provided immediately to the other rnemt>ers of the agency.
. The form must be read publicly aUhe next meeting after thefQrm is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECIS10NEXCEPT BY DISCUSSION AT THE MEETING:
. Y 00 mu~t disclose orally the nature of your conflict in the measure before participating.
.' "c,-"-, ',,:. _. _ < c _' '_,-' .
. You must complete the form and file it within 15 days after the vote QCCUrs with' the ~rson responsible for recording the minutes of -the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at'the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Jeffrey Perlman
, hereby disclose that on
February 6,
.20~:
(alA measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or lOss of my business assOciate,
Diarie?,C6iortria ~,"
Jeef inured to the special gain or loss of my relative,
inured to the special gain or loss ()f
whom I am retained; or
inullJ.dto,th,e,:,~al,~ai,n~r I~~,of, , ",
is the parent organization or~ubsidiary of a principal which has retained m~,
(b) The measure before my agency and the, nature of my conflicting interest in the measure is as follows:
,by
. ~.,
,which
Diane Colonna, my wife is the Executive Director of the Community Redevelopment
Agency (CRA). I 'have a conflict votil1gon items that directlyaffecttheCRA.
1-- h-D1
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 - EFF.112000
PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR SEAGATE HOTEL ON ATLANTIC
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
February 6, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Seagate Hotel on
Atlantic. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I. '
I. WAIVERS:
(A). Pursuant to LDR Section 4.4. 13(F)(3)(f), building frontage and setbacks for
properties fronting on Atlantic Avenue or A-1-A shall comply with Table 4.4.13-1. The
applicant has requested the following waiver -
Table 4.4.13-1 provides that frontage for Atlantic Avenue for the levels 3
and 4 have maximum setback of 12' for 50% of the structure. We are
requesting a waiver to allow for the 12' of setback to cover 52% of the
frontage in order to have the rooms align with the column arcade.
Table 4.4.13-1 provides that frontage for Atlantic Avenue for the levels 3
and 4 have minimum remaining setbacks of 29'. We are requesting a
waiver to allow for the setback for levels 3 and 4 at the Venetian Drive and
Gleason Street corners to have a setback of 27' in order to align the wall
face with a lower column and to open up both corners to reduce
massing..."
(B). Pursuant to LDR Section 4.4.13(F)(3)(h), for corner lots with Atlantic Avenue side
street frontage, the first sixty feet (60') of the building, taken from the Atlantic Avenue
property line, or if a dedication is required, from the resulting property line after
dedication shall comply with Table 4.4.13-1. The applicant has requested the following
waivers -
1. "...Table 4.4.13-1 provides that the setback requirements for buildings
constructed on Atlantic must maintain those requirements along the first
60 feet from Atlantic Avenue along the other right of way (in this case, the
first 60' along Gleason Street and Venetian Drive). In this case, the
required minimum setback on levels 3 and 4 would be 29'. We are
requesting a waiver to allow that the remaining frontage of the 60' 'wrap' -
1
I+em q.C .
in this case, 33' - that the setback at level 4 be reduced from 29' to 27' in
order to have level 4 align with the arcade column grid..."
2. To allow 49' rather 30' within 17' of the property lines within the first 60'
of Gleason Street.
(C). Pursuant to LDR Section 4.4.13(F)(3)(i), building frontage and setbacks for
properties fronting on streets other than Atlantic Avenue or A-1-A shall comply with
Table 4.4.13-2. The applicant has requested the following waiver -
1. On levels 1 & 2 of the proposed structure, the LDRs provide, in Table
4.4.13-2, that for buildings without arcaded frontage, that the remaining
length of the frontage (10% to 30%) have a minimum of 17 feet of setback
and a maximum of 22 feet of frontage. We are requesting a waiver of this
requirement for the following locations of the proposed structure:
a. At Venetian Drive, on levels 1 & 2, the remaining length has a 28'
setback. This was done in order to provide a greater buffer to the
residential project to the south and to provide for an open pool area.
b. On Gleason Street, on level 3, we have provided of a setback of 29
feet. This was done in order to allow tall trucks to access and drive
through the loading drives which have been provided.
2. Table 4.4.13-2 provides that frontage for Gleason Street for the first
two levels have setbacks of a minimum of 5 feet and a maximum of 10
feet for 70%-90% of the structure. We are requesting a waiver to allow for
the setback of 10' for 53% of the structure in order to accommodate an
additional loading drive lane as requested by the City.
3. Table 4.4.13-2 provides that frontage for Gleason Street for the levels 3
and 4 have minimum setbacks of 17' for 50% of the structure. We are
requesting a waiver to allow for the setback for levels 3 and 4 to have a
setback of 17.5' covering 53% of the structure in order to accommodate
have these level line up with the column arcade below.
4. Table 4.4.13-2 provides that frontage for Venetian Drive for the levels 3
and 4 have minimum setbacks for the remaining frontage must be a
minimum of 29'. We are requesting a waiver to allow for a minimum
setback on levels 3 and 4 of 28' 6" due to the fact that the lot line curves in
this area of the site..."
5. To allow a proposed building setback for the first and second floors of
29' rather than 17'-22' for the remaining length along Gleason Street that
is not included in the 60' wrap.
Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
2
(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 to Section 4.4.13(F)(3)(f) meet all the requirements of
2.4.7(B)(5)?
Yes 4
No 0
Does the waiver request to
2.4.7(B)(5)?
Yes 4 No 0
Does the waiver request to
2.4.7(B)(5)?
Yes 4 No 0
Section 4.4.13(F)(3)(h) meet all the requirements of
Section 4.4.13(F)(3)(i) meet all the requirements of
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 ~
denies _ the waiver requests to LDR Sections 4.4.13(F)(3)(i), 4.4.13(F)(3)(f) and
4.4.13(F)(3)(h).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of February, 2007, by a vote of. in favor and 0
opposed.
ATTEST:
~.~~.~\~~
Chevelle Nubin, City Clerk -
3
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
OELRA Y BEACH, FLORIDA
WAIVER REQUEST FOR WORKFORCE HOUSING LOTS
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
February 6, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the workforce
housing lots located at 220 SW 4th Avenue and 214 NW 8th Avenue. All of the evidence
is a part of the record in this case. Required findings are made in accordance with
Subsection I.
I. WAIVER:
Pursuant to LOR Section 4.1.4(0) workforce housing units with forty (40) feet of
frontage must meet the typical designs represented by the sketches set forth in Section
4.7.12(a); must include rear access via an alley, if available; and must also contain
design features such as, but not limited to, front porches, eyebrows, outriggers, gables,
dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco
finishes, undulating facades and other such appropriate architectural features. The
applicant has requested a waiver from these requirements.
Pursuant to LOR Section 4.7.12 lots of record that have at least 40 feet of frontage may
be used for workforce housing, as long as the workforce housing unit meets the typical
designs represented by the sketches set forth in this section and the additional
requirements of 4.1.4(0). The applicant has requested a waiver from this section.
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the waiver request to Section 4.1.4(0) meet all the requirements of 2.4.7(8)(5)?
Yes 4
No 0
1
Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(B)(5)?
Yes 4
No 0
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves L-
denies _ the waiver requests to LOR Sections 4.1.4(0) and 4.7.12.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of February, 2007, by a vote of
4 in favor and 0
opposed.
ATTEST:
~.,~ '~'~~~':"J
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR INTELETRAVEL
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
February 6,2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for
Inteletravel. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant to LDR Section 4.6.9(E)(3), 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.
Does the In Lieu Parking Fee request for two spaces meet the requirements of LDR
Section 4.6.9(E)(3) and the conditions, if any, listed below?
Yes 4
No 0
3. The City Commission hereby finds that the In Lieu Parking Fee Request
meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, and the City Commission has applied the Comprehensive Plan
and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
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
1
r+eM of. E:: .
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 in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of February, 2007, by a vote of 4
in favor and 0
opposed.
ATTEST:
~~u~~~.\\~
Chevelle Nubin, City Clerk
2
SPECIAL/WORKSHOP
FEBRUARY 13, 2007
A Special/Workshop Meeting of the City Commission of the City of Dekay Beach, Florida, was
called to order by Mayor Jeff Perlman in the City Commission Chambers at City Hall at 6:00 p.m.,
Tuesday, February 13, 2007.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Brenda B. Montague
Mayor Jeff Perlman
Absent - Commissioner Fred B. Fetzer
Also present were - David T. Harden, City Manager
Douglas Smith, Assistant city Manager
Susan Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman called for a moment of silence in memory of Austin Miller, from Adantic High
School, and Sumner Domesek, who was a Dekay Beach Police Department volunteer.
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following items:
SPECIAL MEETING AGENDA
1. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/SANTA FE SALON: Consider an appeal of the Site Plan Review and
Appearance Board's decision regarding the Santa Fe Salon, located at the southwest comer of
NE 2nd Street and NE 4 th Avenue.
Susan Ruby, City Attorney, stated the appeal of the Site Plan Review and Appearance Board
(SPRAB) decision concerning the Santa Fe Salon was quasi judicial, and has been carried
over from the City Commission Meeting of February 6, 2007. All those sworn in at that
time, are still sworn in. George Brewer, the applicant, and staff have agreed on the
conditions which were outlined in the appeal. The Commission would now decide on the
new Board order.
The City Attorney stated, for the record and clarity purposes; the conditions are listed in
Exhibit "A", and the ones that are struck through do not count any more, the ones that are
underscored are added, and the ones that do not have any strikethroughs or underscores are
conditions, as well.
Mayor Perlman read the Board Order. It was the consensus of the Commission the
conditions were met on both requirements.
Susan Ruby, City Attorney, stated based on the consensus, that the Commission approve the
appeal and adopt the conditions set forth in Exhibit "A".
Commissioner Ellis moved to approve the Board Order as presented, seconded by
Commissioner Montague. Upon roll call, the Commission voted as follows: Mr. Levinson -
Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; and Mrs. Ellis - Yes. Said motion passed
4-0.
2. FIRST AMENDMENT TO LEASE AGREEMENT /NEW CINGULAR WIRELESS
PCS, LLC: Consider the First Amendment to the lease agreement with New Cingular
Wireless, PCS, LLC providing for an increased monthly rental fee from $1,700.00 to $1,850.00
per month and to change the annual escalator back to 3.00% for the use of the Police
Department radio tower.
Amanda Solomon, Telecommunications Systems Manager, brought back the final offer from
Cingular Wireless, PCS, LLC, and recommended approval. Cingular agreed to the increased
monthly rental fee of $1,850.00 per month and agreed to change the annual escalator back to
three percent (3%) for the use of the Police Department Tower. Ms. Solomon noted, with
the merging of four (4) of the largest carriers, the demand of tower space is decreasing.
Mrs. Ellis moved to approve the first amendment to lease the agreement with Cingular
Wireless, seconded by Mrs. Montague. Upon roll call, the Commission voted as follows:
Mrs. Montague - Yes; Mayor Perlman - Yes; and Mrs. Ellis - Yes; Mr. Levinson - Yes;. Said
motion passed 4-0.
2
FEBRUARY 13, 2007
3. PROPOSAL FOR FEDERAL LOBBYING SERVICES: Consider the federal lobbying
proposals from Alcalde and Fay, Artemis Strategies, Marlowe and Company, and Governance
Inc. / Ben Barnes Group and provide direction on whether to pursue an agreement with one of
the firms and the list of priority issues for federal lobbying.
Doug Smith, Assistant City Manager, presented the item and noted Marlowe and Company
would not be present at the meeting due to flight difficulties. Alcalde & Fay, Artemis
Strategies, and Governance Inc. / Ben Barnes Group were present to speak, and would be
allowed fifteen (15) minutes for each presentation.
L. A. "Skip" Bafalis from Alcalde & Fay, provided an overview of Alcalde's services and
clients.
Ari Storch, Co-Chair and Co-Founder of Artemis Strategies, and Jim Dornan, Senior Vice-
President of Artemis Strategies and proposed team leader, provided the presentation and
overview of their firm.
Scott C. Maddox, representing Governance Inc. / Ben Barnes Group provided background
information on his firm, and the services which could be provided.
Discussion ensued among the Commission concerning the benefits of each firm, and which
would best suit the needs of the City of Dekay Beach.
Mrs. Ellis moved to retain the firms of Artemis Strategies and Alcalde & Fay on a monthly
basis, seconded by Mrs. Montague. Upon roll call, the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion
passed 4-0.
Mayor Perlman adjourned the Special Meeting at 7:17 p.m.
WORKSHOP AGENDA
1. Proposed Police and Firefighters' Pension Ordinance regulating investments
Susan Ruby, City Attorney, presented the item and introduced James W. Linn, the City's
Pension Attorney from Lewis, Longman & Walker, P.A., who had drafted the ordinance
governing Police/Fire Pension Plans and the existing investment policy of the Police and
3
FEBRUARY 13,2007
Fire Pension Board. The Police and Fire Pension Board did not want any limitations as
presented in the ordinance.
It was the consensus of the Commission to draft the ordinance with the proper language to
benefit both the City and the Police and Fire Pension Board.
2. Additional recommendations re: Historic Preservation Design Guidelines - REG Architects.
Inc.
John Carleen from Urban Design Studio and Rick Gonzalez from REG Architects Interior
Planners, Inc., presented a PowerPoint presentation concerning the recommendations of the
Historic Preservation Design Guidelines. Four (4) case studies were conducted; one (1) in
the Nassau Historic District, two (2) in the Marina Historic District, and one (1) in the Del-
Ida Historic District. The four (4) case studies presented illustrated how the proposed
regulations and incentives might impact additions to contributing structures, replacement of
non-contributing structures, and new conforming infill construction. Incentives had been
developed to provide flexibility to those houses that are contributing or conforming.
Ordinance No. 68-06 is still under advisement in order to provide the Historic Preservation
Board the opportunity to make recommendations.
It was the consensus of the Commission to not stop the process of the original ordinance,
and to run a second amendment concurrendy in order to get the bulk of the ordinance
enacted. The Historic Preservation Board would be receiving additional information which
should be presented during the two (2) City Commission meetings in March.
3. Pineapple Grove Main Street. Inc. Funding Request
Gene Fisher, President of Pineapple Grove Main Street, Inc. requested funding assistance
for their annual administrative costs. A detailed administrative budget was submitted. It was
anticipated there was an approximate shortfall in the administrative budget of $18,714.00. It
was noted, a letter had been sent to Pineapple Grove Main Street, Inc. at the beginning of
last year's budget process instructing them to submit a funding application for Fiscal Year
2006-2007 if they were going to request funding, but none was received.
It was the consensus of the Commission to support Pineapple Grove Main Street, Inc., and
to encourage them to also speak with the Community Redevelopment Agency (CRA) and
the Downtown Development Authority (DDA) for additional assistance.
4
FEBRUARY 13,2007
4. Regulation of Smoking on the Municipal Beach
David T. Harden, City Manager presented the item, and requested further direction from the
Commission as to how large of an area should be set aside for smoking, were two areas
enough or should there be more, and how much effort should be put into enforcement of
these regulations. Ocean Rescue was asked to recommend areas where smoking would be
allowed.
It was the consensus of the Commission to put Smoking Designated Area signs between two
(2) of the entry points onto the beach, along with convenient receptacles.
Mayor Perlman adjourned the Workshop at 9:33 p.m.
City Clerk
A lTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on
Tuesday, February 13, 2007 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.
5
FEBRUARY 13, 2007
WHEREAS, since 1881 the mission of the American Red Cross has been to
help people prepare for emergencies; provide relief to victims of disaster; and help
people prevent, prepare for, and respond to emergencies worldwide; and
WHEREAS, in the past year, the American Red Cross, responded to 222 local
emergencies, assisted 941 military families and trained 19,225 people in lifesaving
skills such as CPR and first aid; and
WHEREAS, the American Red Cross Greater Palm Beach Area Chapter, a
humanitarian organization, has worked to make a positive difference in communities
by providing lifesaving services and programs for more than eighty years; and building
on this tradition, the organization is focusing on building partnerships, increasing
safety and disaster preparedness education, and enhancing its response capabilities; 'and
WHEREAS, the Greater Palm Beach Area Chapter and its nearly 3,000
volunteers and donors provide valuable tools and education to individuals, families,
workplaces, and schools; making us all stronger and more resilient; and
WHEREAS, The American Red Cross continues to respond to a changing
America, full of unique challenges and vital work.
NOW THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, do hereby proclaim March 2007 as:
AMERICAN RED CROSS MONTH
in the City of Delray Beach and urge the citizens of Del ray Beach and the people of the
Greater Palm Beach Area to show support for our local Red Cross Chapter and to
become active participants in advancing the noble mission of the Red Cross.
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 20th day of
February, 2007.
JEFF PERLMAN
MAYOR
DI<
Z4
10. A
WHEREAS, Alpha Xi Delta Sorority and Sigma Phi Epsilon Fraternity
attend Florida Atlantic University; and
WHEREAS, Alpha Xi Delta has over 40 members and Sigma Phi
Epsilon has over 50 members; and
WHEREAS, Alpha Xi Delta Sorority and Sigma Phi Epsilon Fraternity
are full-time students at Florida Atlantic University; and
WHEREAS, they spend over 20 hours a week doing community
service, study groups, practicing for different athletic sports, etc.; and
WHEREAS, Alpha Xi Delta Sorority and Sigma Phi Epsilon Fraternity
volunteered their time and service for the Delray Beach Miracle League by
holding car washes, pageants, raffles and collecting personal donations
throughout the past year; and
WHEREAS, their efforts resulted in a donation of $10,000 to the
Delray Beach Miracle League.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do hereby recognize
and commend
ALPHA XI DELTA SORORITY
AND SIGMA PHI EPSILON FRATERNITY
for their dedication, hard work and support given to the Delray Beach Miracle
League. Alpha Xi Delta and Sigma Phi Epsilon prove that sororities and
fraternities can make a difference and help improve the quality of life in a
community .
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Official Seal of the City of Delray Beach, Florida, to be affixed this 20th day
of February, 2007.
JEFF PERLMAN
MAYOR
~
fo.B
. ..
: i
Date: Feb. 8, 2007
AGENDA ITEM NUMBER: &. B
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: February 20, 2007
Description of Agenda Item (who, what, where, how much): Request approval
of, and Mayor's signat~re on, a Proclamation honoring Alpha Xi Delta Sorority
and Sigma Phi Epsilon Fraternity for raising $10,000 which they donated to the
Miracle League.
Department Heaij
Signature: "
City Attorney Revi wlRecommendation (if applicable):
\
Budget Director Review (required on all items involving expenditure of funds):
w.~
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @ No Initials: ~
Hold Until: I
Agenda Coordinator Review:
Received:
1t\
FROM:
Df!.Vl~
PA6~G DIRECTOR OF PLANNING AND ZONING
AMY'"f:'Ai..\(1R C PRESERVATION PLANNER
MEETING OF FEBRUARY 20, 2007 **CONSENT AGENDA**
ACCEPTANCE OF A RIGHT-OF-WAY DEED ASSOCIATED WITH 214 SE 7TH
AVENUE.
TO:
THRU:
SUBJECT:
The action requested of the City Commission is acceptance of a right-of-way deed for five feet
(5') for SE th Avenue in association with development of 214 SE 7th Avenue, located on the
west side of SE th Avenue between SE 2nd Street and SE 3rd Street, within the Marina Historic
District.
At its meeting of May 17, 2006, the Historic Preservation Board (HPB) approved a Certificate of
Appropriateness for 214 SE 7'h Avenue, subject to conditions, which included recordation of a
five foot (5') right-of-way deed along SE 7th Avenue. The request was in connection with an
approval of a one-story addition to a contributing structure and associated variance request.
The existing right-of-way width for SE th Avenue, adjacent to the subject property, is 40' and
the required width is 60'. For existing streets, reductions in right-of-way width may be granted by
the City Engineer upon a favorable recommendation from the Development Services
Management Group (DSMG). The DSMG reviewed the subject application at its meeting of May
4, 2006 and approved a right-of-way reduction from sixty feet (60') to fifty feet (50'). Therefore,
the applicant must dedicate 5' (one-half of the 10' additional right-of-way). This dedication is
shown on the attached survey.
The City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and
determined it to be acceptable.
By motion, accept the 5' right-of-way deed associated with 214 SE th Avenue.
Attachments:
Cl Location Map
Cl Reduced Site Plan
Cl Right-of-Way Deed
$J
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 2.pt> day of ~J)o.Pf ' 2007 between
R68e",.. talC IttI4. S-PICSil!! , with a mailing address of 2'Co( S .€. "?!!! A~s
PE~/lNf B~/H. ~~.,e~ , 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 HA VE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
aSSIgns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand
and seal the date first above written.
Signed, sealed and delivered
in the presence of:
PARTY OF T~F~T PART
By:~A~.~~~
~ w. 'Si a - Co l .-:>ptcEIl.
(Name printed or typed)
(Name printed or typed)
21'1 'S".E. "7'!:!' ACI~uOk~~.,.~ ~
(Address) · -., "Y6~
(Name printed or typed)
STATE OF fL
COUNTY OF P '"" \ M. B€-~
The foregoin~..}nstrument was
j .a.. f\ "'~ ' 200];- by ,c 0 6u+ l,.v.
me or has produced ~ I....
acknowledged before me this '2.. J
J p ~ us-- who is p sonally kno
as identification.
of
o
I'-'-~) \ ~
.
Signature of Notary Public -
State of Florida
~~1~
;~~ .;
~OFf'\.J'
. "!(li~,, P, ,il'o; Stale of Florida
",,'.qe f.. darageones
My lXlmmission 00580728
Expires 08/02/2010
2
J "
EXHfBIT t\
'PA6C~{ C1~;
LEGAL DESCRIPnON & CERT/FICA nONS
Lot 21, GRACEY-BYRD SUBDIVISION according to the Plat thereof. as recorded in Plat Book 10, Page 52, of the Public Records of PALM BEACH
County, Florida.
Community Number: 125102 Panel: 0004 Suffix: D Flood Zone: C Field Worlc:
Certified To:
ROBERT W SPICER AND GLORIA K. SPICER
Property Address:
214 SE 7TH A VENUE
DELRA Y BEACH, FL 33483
Survey Number: 104604
LEGEND
Aft AIR CONDf71ONER
...
"""""'" T
B.R. RETERENCC
B.M. IJMK
CATV RISER
C TW
Ct CA BASIN
b.~~TA
C.LF:. Q#AIN LINK FENcE ..
01 CHORD
a. ClEAR
CONe. CONCRF:7f:
a:;;;:g CONCRETF:
CAS. CCNCRUE: Bt..OCK S1RllCnJRf:
c:::;;::;;c cot.€Rfl) AREA
D.S. DCED BOOK
D DCSCRIP710N OR DCED
D.C. DRAINAGe EAS&lf:NT
D.H. DRILL HOlE
D/W llRrl€'WA Y
CSJlT. CASDiENT
C. 0. II!: EDGE OF "A 7Ul
EL. D.EVA T10N
ENCR ENCROAaDlENT
~EXiS71NQ D.EVATION
", FIE:LD IKASURED
F.F. F1NiSHED FlOOR D.EVA T1CN
F:.H. F7RE H'fDRANT
FND. FOUND
F:.1l.N. FOUND ~AG" HAIL
F'.c.Jl.. FOUND t:PNCRCTE MONlJMfNT
FJ.P. FOUND IRON PfPC
FJ.R. FOUND IRON ROD
F'.N. FOUND NM.
FoP.K. FOUND PARKER-KIlLON NAIl.
I.D. 1DEN7IFlCIH7ON
LE.f: 't:/!}gf-E~S$ EASClJENT
~i ~CCESS CASDlE:NT
N.tD HAlt .. DISC
N.A. V-D. NORTH A.WfmCA \Ielm::M. DA 1VIJ
N. G. v-o. NA 7/tW1lL GCODC7IC lf7i'11CAL DA 1VIJ
N.R. NON RADlIlL
N. T.J ~ st:ALE
o.l omaAL RECOROS
QRA a:1'1C1A1.. Ra:alDS BOOK
M.L 0lDlHEAD U7Il.mE:S
Pt:. PAGe
PKlT. PAlOO/T
P. CoP. PCRMANENT 'i!lJlfIllfa:1>OINT
P.R.M. POiIJANENT IIONUIIENT
P PlAT
P.B. PlAT BOOK
P.as. POINT OF BEGINNING
P.O.C POINT OF COMIENCEJIENT
P.~~ =~ ~ ~C(fRVA7lmE
P.R.c. POINT OF' ~ ClA'i'VAIVRf"
Po T. POINT OF TANGENCY
P.D.L POINT ON UNC
P.c. PfIOI>CRTY CORNER
· PfIOI>CRTY CORNER
f PROPERTY UNC
R RAD1U$/RADIAI..
R/Ir RIGHT ~ WAY
R.M.Co RECIfflOCIlL !llAlN1ENNICE EASMENT
R.o.C. ROOF OIOlHANG EASElENT
SJ.R. SCT IRON ROD ... CAP
SOP.K. SCT PARKCR-KALON NAIL.
s.s. SHIP SPIKF
S/W SlDE'WALK
lU. TELEPHONE FACll.J7lES
T.aB. TOP OF' BAN/(
TJ( TRANSFORIJER
1>7>. 7lPrCAl.
U.CO U71UTY EASEMENT
P.P. U7lUTY POLE
If: WA.SHf1?
W..II. IVA 7Ul1lETETl
-.-.- AETIlL FENCE
1I(c. 1WlNE'SS ctJRNE:R
1r.F. lIOOD FENCE
~- JtOOO FFNCE
GENERAL NOTES:
I) I.RIt. llESalPllOll PIIOIlDED .... 0lHEJIS
2) ~ POImONS CJ' F'001INGS. FlM'lIlA1IONS CII 01IfiJl
1IIPRlMlEN1lI WERE NOT UlCAlED.
.3) WALL lIES ME 10 '!HE FAa: OF 1M[ WAU.
4) NOT VIIU) lII1HllUT All AU'IItEIIlICAlfl) D.CCIRCINC SIlICAl\IRt
AND A111HEH1ICAlED EU:C1IlONIC SEAL. Ilfl A IWSED 0IlI0$S[D
SEAl. AND SIIlNA1UIE
5) llIlI.T \GaE ~ lDCAlED.
II) NO IIlEJOI'lCAllClN fllIN) ON PRClPEIIlT CDFlNERS INISS NOtED.
n PAllPEIITT UIIE IIIIotENSlONS _ AAE 'PlAT NlD IIEASUAED
UNl.BS 01MERWISE __
8) FtJICE 00M0IERSHP NOT ~
II) EU:VATlONS IJDCAlED HEREON ME 81 FEET AND OECIoIAlS
REFRENCm TO II.G. VA 111211.
10) IIEAIIN:S IlEFEllENaD 10 UIIE II01ED AS BA
11) II SOME INSTANCES, llRAPHIC AEPRESDlTA TlONS HAW: IIUJI
EllAGCERATID 10 IIClIIf: IUNLT IUlISTIlAlE IlUAlKlNSIIPS
llE1lIEEN PII'i'SCAL IIPllCMIoIENTS NfO/OIlIDT UNa. .. AU.
CASES, DIIIEH90NS SHAU. CllN1ROl. 1IlE UlCA lION OF H
M'RO\EMENllI OVER SCALED POSITIOIIS.
12) '!HE lNIDS SIIllWN HEIlBlIl _ NOT A8S1RACIED FIJI
[ASOIDlTS OR 01IlER IIECDFlDED ENCUlIBIlANCES NOT SHOWN
ON lItE PlAT.
PAGE 1 OF 2 PAGES
~
TARGET
SERVING
MOST FLORIDA COUNTIES
SURVEYING, INC.
LB #6135
5101 CORPORATE WAY, SUITE 210 STA1EWIllE IIUWlIERS
WEST PAUl 1lEACH, fl 33407 PHONE (BOO) 22&-41107
PHON[ (561) 640-4800 FACSIIlIlE (IlOO) 741-0576
FACSUU: (561) 640-0S76
E
II i:J
'DAG.G Z "t=' Z.
PROPOSED ADDITIONAL 5.00' RIGHT-OF-WAY LEGAL DESCRIPTION
A PORTION OF LOT 21, ACCORDING TO THE PLAT OF GRACEY-BYRD SUBDIVISION, AS RECORDED
IN PLAT BOOK 10, PAGE 52, Of THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 21; THENCE WESTERLY ALONG THE SOUTH
LINE OF SAID LOT 21, A DISTANCE OF 5.00 FEET TO THE INTERSECTION WITH A LINE WHICH IS
5.00 FEET WEST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES, TO THE EAST LINE OF
SAID LOT 21; THENCE NORTH ALONG SAID LINE WHICH IS 5.00 FEET WEST OF AND PARALLEL
WITH, AS MEASURED AT RIGHT ANGLES, TO THE EAST LINE OF SAID LOT 21, TURNING AN ANGLE
OF 90'52'00", AS MEASURED FROM EAST TO NORTH, A DISTANCE OF 50.00 FEET TO THE
INTERSECTION WITH THE NORTH LINE OF SAID LOT 21; THENCE EAST ALONG THE NORTH LINE OF
SAID LOT 21. TURNING AN ANGLE Of 89'08'00", AS MEASURED FROM SOUTH TO EAST. A
DISTANCE OF 5.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 21; THENCE SOUTH ALONG THE
EAST LINE OF SAID LOT 21 AND THE EXISTING WEST RIGHT-OF-WAY LINE OF SOUTHEAST 7th
AVENUE (FORMERLY BAY STREET AS SHOWN ON SAID PLAT). TURNING AN ANGLE OF 90'52'00", AS
MEASURED FROM WEST TO SOUTH, A DISTANCE Of 50.00 FEET TO THE POINT OF BEGINNING.
CONTAINING AN ALL 250 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
LOT 22
b
,,~
---1
ui
LOT 21
74.5'
PROPOSED 5.00'
ADDl110NAL R/W
F./.R. 1/2"
":: .~::~ 50".. ~.:.... .~'.:": :: :-.:: .
42.6
BUILDING
." '. "~:~;'::.' :.:: ~~-,~ ".; ~?\.~.::.~; ::'.~::'~.~.~.:~~.~~.:~ ~'>\.~.'~'~::.: ~.~. '. .
~'.,.
c:i "..
<'l :- ;.
LJ
en
i 3S:001(Pj ~
SOUTH UNE
LOT 20 OF LOT 21
P.O.B.
(ADDl11ONAL 5.00' R/W)
SOUTHEAST CORNER OF LOT 21,
GRACEY-BYRD SUBDIVISION
(PLAT BOOK 10, PAGE 52)
7/2"1
ADDITIONAL
ANGLES:
@ = 89'08'00"
e = 90.52'00"
BOUNDARY SURVEY
INVOICE: l04604/R
PAGE 2 OF 2
SURVEYORS CERnFlCA nON:
I HEREBY CERTIFY 1HA T 1HIS 8OUNONlY SlNlIEY
IS A TRUE: AND CORRfi:T REPRESENTA 1ION OF A
SlIRIEY PREPARED UNDER MY DIRECTION.
NOT VALlO Wl1HOUT AN AU1HEN11C/t 1m aECTRONIC
SIGNA 1lJRf: ANO AU1HEN1ICA 1m ElECTRONIC SfJIL.
OR A RAISED EJIBOSSCD SEAL AND SlCNA TIJRC.
Clyde
McNeal
D9IaIIy signed by Clyde
--
ON: CN = Clyde McNeal, C =
us, 0 = Targel SUMlying.1nc.
Oetll: 2006.07.1910:46:42-
04'00'
~ SERVING
~ MOST FLORIDA COUNTIES
TARGET SURVEYING, I Ne.
LB 6135
(51GNED) W--r
5601 CORPORATE WAY SUITE 210
WEST PAUl BEACH, Fl 33407
PHONE (561) 640-04800
FACSIMILE (561) 640-0576
STATEWIDE NUMBERS:
PHONE (800) 226-.ao7
FACSIMILE (800) 741-0576
CL WE: O. McNEAL. PROFESSIONAL SURVEYOR AND MAPPER 2883
-....--.. ~
ATLANTIC AV
~p:]~ ~ ~r II~IW II
~ t;;-;-- -_~ ~
<( - - <(
./---_ -I--- - _ _-
-~
- == == I--
~I--
ST.
I
~
-'
<(
a..
-
~
---'
>--
S.E.
1ST
I..... FIDELITY ~
ci FEDERAL ci
Z BANK-Z
-
III
I
-
-
-
-
>= >=
-:x:I-- -:x:
- .1---.
_lIll-- _U'!-
=> =>
-
-
-
-
I--- -
~== J
~~'I~-I_L
I- ::::
- -
--
--
- S.E. --
10 IIT fr~
=0:: >--
_'" --';--1---
--
--
==
-
-
-
-J
<:(
I-
C/J
<:(
o
()
<:(
0::
I-
-
-
-
-
-
-
-
-
-
---
-
~
-
-
- 0 0
- z Z
- => =>
_. 0 0
-~ ~ ~ ~
_ to- to-
=> c::
- 0 0
_ III Z
~m~m~rn~
: m CJ~aID I
_ S.E. 6TH ST.
- ====
---
---
-
-
-
S.E.
~ ~U-I--
<(
0::::
W
Cl
W
u-
(
ST.
f--
-
-
-
-
-
r--~-
"
I'------- ~
2
I---
I
I
I
~
LO
BARR TON
APT
CONDOS
I
~
c.o
z
E N U E
WA TERWA AST
COMMEt CI qL
CON 0
-
I
-
I
&
>-
<:(
S
0::
lL.J
I-
<:(
S
BAR ~
HARBOUR Ct:
CONDO h jO{
MlRAMAR
I I
-
I
STREET
lIID=
I
~
rr
I I
1JI
--.
<(
I
~
<(
-' -
Ct:
~ I-
I~ - -
I
INGRAHA A
--
-
SEAGA TE
TOWERS
."" AN "RR
-
I
I
~ ~ C7LLlJTI
- t;j llIllllJ
='[ffiJ
LANGER WAY
-
-
L
--
SEAGA TE
MANOR
~~iiW
r . BUCIDA Rn .~
~~rnW /
W Cl
o <(
~j j k~
~ ~ ~
I r-'o Q
'--\. ~ MELALEUCA RD.
, I \ L1 (
'\ I
/
~/SSA
, ~ RD.
f
N
-
SPICER RESIDENCE
- 214 SE 7TH AVENUE-
LOCATION MAP
CITY OF DELRAY BEACH, FL
PLANNING '" ZONING DEPARTMENT
m SUBJECT PROPERTY
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LM214
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CIlY MANAGER ~
AGENDA ITEM # <6.R - REGULAR MEETING OF FEBRUARY 20.2007
ACCEPTANCE OF RIGHT-OF-WAY DEED/ll04 NASSAU STREET
TO:
FROM:
DATE:
FEBRUARY 16, 2007
This item is before the Commission to approve and accept a right-of-way deed for 1104 Nassau Street.
Enclosed is the location map and right-of-way deed for 1104 Nassau Street
Recommend approval of the of the right-of-way deed for 1104 Nassau Street.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager ROW 1104 Nassau Street 02.20.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
DATE:
David T. Harden, City Manager
Tracie M. Lutchmansingh, P.E., Asst. City Engine~~,
15-Feb-07
TO:
FROM:
SUBJECT: City Commission Agenda Item
Right-of-Way Deed
1104 Nassau Street
The attached agenda item is tor Commission authorization / approval tor the Mayor to
execute Right-ot-Way deed tor 1104 Nassau Street.
Enclosed is the location map and Right-ot-Way Deed tor 1104 Nassau Street. It this
meets with your approval, please place this item on the February 20,2007 Commission
Agenda.
Thanks.
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Caroline Kucmerowski CMT (originals)
City Clerk
Sidewalk deferral file
Agenda File, February 20,2007
S:IEngAdminIRighf-of-Way Deed\1104 nassau sf agenda memo 2007-02-20.doc
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
TillS INDENTURE made this -L!:L day of Tv,^, € , 2~ between
L I i! If' l? ,1/ B t:) I e/ , with a mailing address of II" y AMss../-GI ~ T
1)&.,cAY jjlr'.4C~ PI.. 3''''~ 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 HA VE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
assigns.
IN WTINESS WHEREOF, said party of the first part has hereunto set their hand
and seal the date first above written.
PARTY OF THE FIRST PART
Br:if(f~/ ~<
(Name printed or typed)
1119 Y l~ss.4-v s;...
<Address)
'ZJ~~,tl.,9T k,." ~ (
.:r3'1P~
Signed, sealed and delivered
~eOf:
!:f~:C
(Nam printed or typed)
~~
(Name p . ted or typed)
STATE OF -.fie...' d.~
COUNTY OF ~~ \ V\^.. 6e,q.. V'\
f'1
The foregoing instrument ,was acknowledged before me this ti- day of
-:rc.c ~ , 200h by L.," z- 1';,0 J ~ ~ 6,// ~ J <I. who is personally known to
me or bas produced as identification. ~
\( ~4~ ~
Sigimture of Notary Public - G
State of Florida
:R~ ~ Vanessa E Foutz
,~ ; My CommiSSion 00150009
>t o,...df Expires October 14. 2006
2
'0
o
.n
N
, O'
~
"8
8
-
~
'M
..c
'M
..c
>=
w
e
'0
o
N
n 10'1
JO .IlilpuflImlilH
Ii!
i
I ~
<> f::::::....
a 9.... t:l
! i'\:: ..~
! c::s ~
~ Y> t's~
--------~-~---
I a:~
~;"l;;
"-J ~~
~ ;I:: ~~
i ~ ~~
.. ~ ~
~ ~
~
f:!
i
&T 10'1
r ~.~."
,00.;8
&T 10'1
r n>~_
.J
~ ::lw
'" ~i=
<(
"- ~~~
0
w ~~5
III
;;: 1-0:0
U ozu
CrJ ---lo:I:
W ~u.-~
0
0 1-0LlJ
~ wLlJal
~ ~ffij
0 ~~~
..J
..J 1-1-",
0 ~.:)~
...
w ~"-
i= ~~t,
... l-o~'O
0
I- 01- Ul
Ul Zol-O
~ ;:';i?:gs~
0 -00.6
0 I-O::U-
vi 3OI-~
I- ...tl58
CrJ
~ o<(ual
..J.(f!: I-
~ ;;!B~5
=:51::"-
~ 1-..J...2;
o"'oc
<( ...Jx~UJ
--I-
Zw "'uo::c
g~ o<(LlJ'"
I-W..JO
"-0 tJ.JCCUU
_0 ~>-~~
0::...,..;
~i= o;ZI-CrJ
"'---l <(
C'" t;Ul1).(
..Jo ~C.Be
<(z ~20::5
OLlJ
ji= I-~()~
,00.00 ~
&T <INV 'Zl'n SJ.01 o!IO NOLLHOd
96 ~d 9T XOO!l J.V'ld NOISlAIamS S.A.'nLY:m!l. H~d
~ Al/H .OZ
~!~
:~!
UI
i~
------------- --------------- -- ------------------------1
j 1 ..;~
] I j ~~~
J d ~ 1 i ~ 1 11 j. ~ ~ i
1 ~$. i~ ~ 1 - j II"] J I ii] I 1 p II ill ~ ~
jJ 11 I~~ iiii~i! lJi jhj] I Hi ~ll~d"' ~ilj !~fdiiJ!i .. ~ a
~!~!!!!! !!l!!!!l!M!! ~!!~!!!!!!1 M!m!!l; ii l~!!! Hl!!i ~;;;!~!!; ';1 i
dwi ti2et1aia:iIli_'-JJa.:~..=c.it..J_ :%'t;ilwc.: o.:uiUlL l1c~Q~ ~:iL-:':..JA.~~~ :t:~iX~G:I' ELdli_' ~~~;:Iwa.:"';:G..20 0 i
<<~aiaiaiotiti~uo8tiQde4d~~wwdww~c.:~~~~~~~~~~~:i2zzzdodo~a.:a.:a.:~~ui~~~~.~.~ ~~~~
N
...
E-o
o
....:l
ln~
'0 ::"\
,OO'OOl
;---- HdSV ,O'9Z
/ .L3:3:(:I..LS NOSV3:'T~
'0
o
.n
N
'0
o
.n
N
e;
'0
o
o
l()
'8
8
-
133.:1 01:: =H::lNI ~
'0
.n
N
o
o
It:l
Sl
<.!l ...
;<: !'t'"
!l: (j ~ ~
t:j ~....::'J....-
~ <.!l~~ ~ ~
~;<: ~~~ l' ~
~~!s!~~ ~ _
!:> "'~3t:ii!s~ Il!
l;j ~ (1)<:1;:: <;; "
i!: ~ <;)~~ ~
~ ij ~~ ~ a
Vi '" g It) ..
~ ..... III '? ~
lll~
'"
is
~
'"
~
~
o
'"
-;
:r:
It)
~
o
~ It)
0100
-I
15 ~ ~
~~~
<Ii 0
i5ti~
~ 15 i!i
"'/::)..
d",!!!
e:~
l/) l/)
:s
'"
'"
b
'" o<f
...
· i ~
__ :L: &\1
..
~~I ~ ~
1::: ~ ~ ~ ~
~i;; ~
13 ij_ _ ..~
~ ~ ~ ~
~ ~. os
;l:: ~ ~ I:!::l ~
f:2~ ~ ~
!-<J .. ~
bi~ ~
~ i ~ ~
~~~~ ~
~ ~~~~ ~
Date: 14 February 2007
AGENDA ITEM NUMBER: ~ . B
AGENDA REQUEST
Request to be placed on:
-1L-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
20 February 2007
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mavor to sig-n Rig-ht-of-Wav ag-reement for 1104 Nassau
Street and. Glea89B gtrect
Recommendation Staff recomm~~
Department Head Signature: ( - ..{1 a
'2,-15' - 01
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: t1f;) I No Initials: 4-
Hold Until:
Agenda Coordinator Review:
Received:
S:IEngAdminIRighf-of-Way Deed\1104 nassau sf agenda 2007-02-20.doc
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
SUBJECT:
AGENDA ITEM # ' - REGULAR MEETING F FEBRUARY 20 2007
REOUEST FOR SIDEWALK DEFERRAL/11M NASSAU STREET
DATE:
FEBRUARY 16, 2007
This is before Commission to approve a request to defer the installation of a sidewalk for the Nassau
Street and Gleason Street frontages of 1104 Nassau Street.
Currently, there are no sidewalks on either side of Nassau Street or Gleason Street and there are no
future plans to install sidewalks along the right-of-way of Nassau Street or Gleason Street. Therefore,
staff is in support of the request to have the sidewalk deferred.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements for the Nassau Street and Gleason Street frontages of 1104 Nassau Street until such
time as the City requests the sidewalk to be constructed.
S:\City Clerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Sidewalk Agenda Memos\SidewalkDeferralRequest 1104 Naussau Street 0220.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
FROM:
David T. Harden, City Manager
Tracie M. Lutchmansingh, P.E., Assl City Engineerv(.~'
14-Feb-07
TO:
DATE:
SUBJECT: City Commission Agenda Item
Sidewalk Deferral Request
1104 Nassau Street
The attached agenda item is a request for a deferral of sidewalk installation in front of
1104 Nassau Street. This is a Single Family lot located at the southeast corner of the
intersection of Nassau Street and Gleason Street.
There are currently no sidewalks on either side of Nassau Street or Gleason Street. In
addition, there are no future plans to install sidewalks along the right-of-way of Nassau
Street or Gleason Street.
Therefore, Engineering is supporting the request to have the sidewalk in front of
Nassau Street and Gleason Street at 1104 Nassau Street deferred.
The attached map indicates the location of this sidewalk deferral.
Please place this item on the 20 February 2007 Commission Agenda.
Thanks.
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Caroline Kucmerowski CMT (originals)
City Clerk
Sidewalk deferral file
Agenda File, February 20, 2007
S:IEngAdminlsidewalk deferrafsl1104 nassau st agenda memo 2007-02-20.doc
Prepared By: RETURN TO:
R. Brian Shutt, Esq.
City Attorney's Office
200N.W.1stAvenue
Delray Beach, Florida 33444
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into this ~ day of J A N V A I~ ;'
200~ betvveen the
il c: Eot. D
City of Delray Beach (hereinafter the City) and
(hereinafter the Owners), for the purpose of waiving
the requirement of the installation of a sidewalk along
yi ~.. T g - , ..,.-~ 50.... '1 h'
co - '" ..... untl suc tIme
110 t./ I" ,";;5~,.4(.,J S7
as the City requests the construction ofthe sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
c., L K-~$Or./ ~+ f!
sidewalk, within the, t'l/.4 oS;' A-t.1 - 5 -r right-of-way immediately abutting the subject
,
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the installation
of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
s: \EngAdmin \sidewalk deferrals\sidewalk deferral agreement.dt:JF
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:
//01 ;<../15.514(/ Sf
'7J?LilA-r ~FAcf,J P L 33 Y,P'3
N4$SAlA. fJA.e./t( Ii 30 ;&'t- Q,c Le>I II. 110 f IZ- t: w z.~ ~-I- e1~
Lot- /:3 ("'A$5>4~ Sf- 1-h~*,Jl'c.'" P/~~IC.+)
~
1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
6lltA-~PN.s+ it
rI tt~S ~ $ r _ right-of-way abutting the subject property, within a time period
that is acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances of the City ofDelray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. . This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
_dayof
,200_.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to form and sufficiency:
City Attorney
s: \EngAdmin \sidewalk deferralslsidewalk deferral agreement.dp;
OWNER:
~~-;/;y~
/~
(,/
Ecio t.A.- IHl d ..:r r;]iJ S I
(Please type or print name)
~~~T~Foftj~f)~{!H
~
BEFORE ME personally appeared L'2fl8E714 730LD who [is] [are]
personally known to me or [has] [have] produced J:'tt-ft.1Yf&>. S?:J. lo3' S,J~.O [and
, respectively] as identification, and who executed the foregoing
instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the
purposes expressed therein.
WITNESS my hand and official seal this
.-r
4+IL day of ZJanu.~ . 20Q1,
~~~
Notary ubhc
My commission expires:
-J()I1u.tl':!J Fl. ~o/D
l~~'Lf.~~~ Kristinf~aQuzen
l~"-~\~ Commission # 00503754
~..~~ Expires January 14, 2010
~lf,r,\ Bondedr"" Fa,n Insurance In< ~5-1019
agt/ sidewalk deferral agreement
S:\EngAdminlsidewalk deferralslsidewalk deferral agreement,d~
+-'
en
(J)
:J
c-
(J)
0::
-
co
s....
s....
~
(J)
o
~
-
CO
~
(J)
-c
--
en
....,
(J)
(J)
...
....,
U'J
:::s
as
tn
tn
as
Z
oqo
o
~
~
CJ)
C>
..c
o
<<I
a>
a:l
>-
<<I
L-
a>
o
I"--
o
o
N
LO
~
-
N
Date: 14 Februarv 2007
AGENDA ITEM NUMBER:
O'.c
AGENDA REQUEST
Request to be placed on:
-L Consent Agenda _Regular Agenda
20 February 2007
When:
Recommendation Staff recomme
I'$"- b -,
Department Head Signature:
City Attorney ReviewlRecommendation (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: @I No Initials: 4
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdminlsidewalk deferrals\1104 nassau sf agenda 2007-02-20.doc
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER fj))-
AGENDA ITEM # <Z. 'D- REGULAR MEETING OF FEBRUARY 20,2007
REQUEST FOR SIDEWALKDEFERRAL/1248 SEASPRAY AVENUE
TO:
FROM:
DATE:
FEBRUARY 16, 2007
This is before Commission to approve a request to defer the installation of a sidewalk in front of 1248
Seaspray A venue.
Currendy, there are no sidewalks on either side of Seaspray Avenue and there are no future plans to
install sidewalks along the right-of-way at Seaspray Avenue. Therefore, staff is in support of the
request to have the sidewalk in front of 1248 Seaspray Avenue deferred.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements for 1248 Seaspray Avenue until such time as the City requests the sidewalk to be
constructed.
S:\City Oerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Sidewalk Agenda Memos\SidewalkDeferralRequesl1248 Seaspray Avenue 02.20.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
FROM:
David T. Harden, City Manager
Tracie M. Lutchmansingh, P .E., Asst. City Engineer It{.~,
13-Feb-07
TO:
DATE:
SUBJECT: City Commission Agenda Item
Sidewalk Deferral Request
1248 Seaspray Avenue
The attached agenda item is a request for a deferral of sidewalk installation in front of
1248 Sea Spray Avenue. This is a Single Family lot located at the southeast side of
Seaspray Avenue.
There are currently no sidewalks on either side of Seaspray Avenue. In addition, there
are no future plans to install sidewalks along the right-of-way on Seaspray Avenue.
Therefore, Engineering is supporting the request to have the sidewalk in front of 1248
Sea Spray Avenue deferred.
The attached map indicates the location of t~is sidewalk deferral.
Please place this item on the 20 February 2007 Commission Agenda.
Thanks.
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Caroline Kucmerowski CMT (originals)
City Clerk
Sidewalk deferral file
Agenda File, February 20,2007
S:\EngAdmin\sidewalk deferra/s\1248 seaspray ave agenda memo 2007-02-20.doc
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
rE 131?()4~ Y &2007
,
200_, between the City of Delray Beach (hereinafter the City) and
M,f i' Mlf5 .PAv'ID ~()/.JEL (hereinafter the Owners), for the purpose of waiving
the requirement of the installation of a sidewalk along ...sEA Sf'~,l} y' ,livE until such time
as the City requests the construction ofthe sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
5~ S~~'-~ ~ve..
sidewalk, within the -;:'vL>i..; c.. ..-r.6.-=---- 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)(I)(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
C:'JJOCUME-l\GARl\LOCALS-l\J'EMl'Isidewalk_deferraCatmt.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:
/,;l~6 SE,I!} sl'lf'll Y /1//EA.JuE
DELRAY BE/}clI, FL. 33'183
f~ ,,/ r2. - t/.:;.- '/6- / (,. - 2. L{ -5) (,' (..' - 0 Z 8 z..
1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
"5e.o.. s.~~~ ~ve.
?dB'- Ie --(-t&-. 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 rEL3If IJ/J If ]V
,2002
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to form and sufficiency:
City Attorney
C:\DOCUME-l\GARY\LOCALS-l'J'EMPlsidewalk_dejerraCc'j,mt.doc
~
OWNER:
By:~
_.&cJ= - ~
,
Glh~ Y f>. ELI () /loU LC> '3,
(Please type or ame)
JA:. Lj. C /ftAIt.Pfl4M::A
(Please type or print name)
~~~F~:e/!J!J:;~A ~
BEFORE ME personally appeared M/) ..1;tJffjt;lJ w~ [are]
personally known to me or [has] [have] prod~ ~and
, respectively] as identification, and who executed the foregoing
instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the
purposes expressed therein.
WIINESS my hand and official seal this /:sI day o~ ' 20!!7
My commission expires:
(Seal)
NOTARYaPUBUC Linda L. Hamilton
Commission # 00418012
I;xpirea Mav 7. 2009
IaftilldTlw,.....1a '-7018
agt/sidewalk deferral agreement
C;\DOCUME-I\GARY\LOCALS-l\TEMJ'lsidewalk_deferraCctBmt.doc
CERTIFICATE
(if Partnership )
STATE OF FLORIDA )
) SS
COUNTY OF )
)
I HEREBY CERTIFY that a meeting of the partners of
!<N <J~ ( 1.-," ",,', T -'l.cP tic. <:"',.. ~(" s,~(' , a Partnership under the laws of the State of f'1 c.. \oJ c..dls...
held on t - 3> \ -0 f , 200.:7the following resolution was duly passed and adopted:
"RESOLVED" that ~'tcl \.<'NO ~<-l as G-"'<:'N~.ro..l fc....r"'T:N'<J'"
, ,
of the Partnership, be and he is hereby authorized to petition for
l.3eAcH 6'UEttAy ~VI&vJ (name of petition) to the City of Delray Beach, Florida,
and that his execution thereof, attested by the of the
Partnership be the official act and deed of this Partnership."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
f" -e...S , 200("
(
day of
C-&
~----=:::::>
c- /'
(Signature)
6-~ N ~ l fr:....r T ,.J' A....r-
(Title)
Subscribed ~d sworn to before me Ibis /51" day of ~ ' 200 ~ by
1)4VIJJ JCA/blf;eL who is personally known 0 me or has produced
(type of identification) as identification and who did take an oath.
~/j/~,1
Notary Public
My Commission Expires:
Ht1rII<<.MUC Linda L. Hamilton
Commission # 00418012
Expires May 7. 2008
BIIl1101'fUlIlQ. .....""....IllIIIIIHIto.......
+-'
en
0)
::J
c-
O)
0::
-
co
'-
'-
~
0)
o
~
-
CO
~
0)
""C
--
en
-- .. rr--------rr--,
T-rmI IT T:~ I I _ L. . j
: I. .lLJL..L___-..~- ... .._
(. "...,......-..
..c< .,
U>,
::J'
co
Q)
C)
....
o
Q)
(9
CD
>
<(
~
l!
Q.
U)
co
CD
en
00
~
N
~
en
(9
..c
o
co
Q)
CD
>-
m
I..-
m
o
r---
o
o
C:!
('t)
~
-
N
Date: 13 February 2007
~\)
AGENDA ITEM NUMBER: .
AGENDA REQUEST
Request to be placed on:
-X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
20 February 2007
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mavor to sign sidewalk deferral agreement for 1248
Seasprav Avenue
Recommendation Staff reco
Z -/3 - 0
Department Head Signature:
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: @/ No
Hold Until:
Initials: -4
Agenda Coordinator Review:
Received:
S:IEngAdminlsidewalk deferrals\1248 seaspray ave agenda 2007-02-20.doc
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGEi../).l _
AGENDA ITEM # <6. t:. - REGULAR MEETING OF FEBRUARY 20. 2007
ACCEPTANCE OF EASEMENT DEED/S02 NORTH OCEAN BOULEVARD
TO:
FROM:
DATE:
FEBRUARY 16, 2007
This item is before the Commission to approve an easement deed for a proposed 12 foot sewer easement
at 502 North Ocean Boulevard.
Enclosed are the location map, a copy of the easement deed, and a sketch of the proposed easement.
Recommend approval of the easement deed for the proposed 12 foot sewer easement at 502 North Ocean
Boulevard.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Sanitary Sewer Easement 502 N Ocean Blvd t 02.20.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
TO:
David T. Harden
FROM:
Begona Krane, E.I.T.
DATE:
16-Feb-07
SUBJECT: City Commission Agenda Item
502 N. Ocean Blvd
The attached Agenda Request is for Commission approval of a proposed 12' Sewer
Easement. This property is located on 502 North Ocean Blvd.
Enclosed is the location map, a copy of the Easement Deed, and sketch of the
proposed easement.
If this meets with your approval, please place it on the February 20, 2007 Commission
Agenda for approval.
Thanks!
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Scott Zubek, Senior Planner
Lanelda Gaskins, Executive Assistant/Agenda
T AC File
Agenda File, February 20, 2007
U:\wwdata\502 N Ocean agenda memo 2007-2-14.docRV.doc
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
a {t}.IS INDENTURE, made this Dy of
~ 'e tldlA.JIz. , with a mailing address ofb6 ~Ze . ~ , party
of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of public
utilities with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or within the following
described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. 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.
It is understood that upon completion of such construction, all lands disturbed thereby as
a result of such construction performed thereon, will be restored to its original or like condition
without expense to the property owner.
1
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
(...
~l:Yl
~ .s~C\ . }-f.-llr X-
(name printed or typed)
By:
--
"'Ii
WITNESS #1:
WITNESS #2:
~{~
(nam printed or typed)
STATE OF l1or\ d~~,..,.l,..
COUNTY oFt1lJm ~ \
~e foregoing instrument was aCknOWledgt before me this '~y of
, 2001 by ~ ....... TLLhR:> U rrl-zcname of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. lIe/She is personally known to me or
has produced (type of identification) as identification and di did
not take an oath.
-
- -
l ",'~:l!~~~" ANDREA MILLER .
f.~m. "'\ Notary Public. State of Florida
l ! · . ~Cornmlssbnc-.......May2 ')nno
~ ~ C ~ .,~
. "'~1om~" ommlsslon # 00310533
'"'''''' B.9ncled By u.....~__.
............101 Notary Assn.
,. -/
.....
2
II I
"DELRA Y OCEAN ESTA TES
NORTH TWO"
PLA T BOOK 82, PAGE 11
II
-;-
~~
~-
~kJ
liiG
~~
>-. ~.
I-..K,
......10
~
~~
'it)C)
10' UTILITY EASEMENT
ORB 1246, PAGE 260
12' SEWER EASEMENT
PLA T BOOK 82, PAGE 11 II
II
~
I I LOT 9
I I IpLA T BOOK 16, PAGE 89
5 0 ,I I I II 5' UTILITY EASEMENT
4 . 0 I I ---; r ORB 1246, PAGE 250
~10' UTILITY EASEMENT
rJ I II ORB 1246, PAGE 252
I I \1
n I I
29.50'
-r
12. 00'
L
10.00'
I I I II
r-++12.00'
I II
I I I II
I I I II
SOUTH LINE LOT 9 (PB 16, PAGE 89)
NORTH LINE LOT 10 (PB 16 PAGE 89)
IJ
11.50'
GRAPHtC SCALE
o 10 20
~~ I
40
I
( IN FEET )
1 INCH = 20 FEET
NO TES:
,. REPRODUCTIONS OF THIS SKETCH ARE NOT
VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT
ABSTRACTED FOR RIGHTS-OF-WA Y,
EASEMENTS, OWNERSHIp, OR OTHER
INSTRUMENTS OF RECORD.
3. THE 1AND DESCRIPTION" HEREON WAS
PREPARED BY THE SURVEYOR.
4. DA TA SHOWN HEREON WAS COMPILED FROM
THE INSTRUMENT OF RECORD AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
5. ORB - OFFICIAL RECORDS BOOK
6. PB - PLA T BOOK
DESCRIPTION:
THE EAST 12.00 FEET OF THE WEST 29.50 FEET AND
THE SOUTH 12.00 FEET OF THE NORTH 45.00 FEET
LYING WITHIN THE WEST 17.50 FEET OF THE FOLLOWING
DESCRIBED A PARCEL OF LAND:
ALL THA T PART OF LOT 9, AND ALL OF THE NORTH 10
FEET OF LOT 10, OF "SEGER'S ADDITION TO DELRA Y
BEACH, FLORIDA" (FORMERL Y A PART OF BLOCK E,
PALM BEACH SHORE ACRES), ACCORDING TO THE
REPLA T OF THE NORTH 200 FEET OF THE SOUTH 516.3
FEET THEREOF, AS SHOWN IN PLA T BOOK 16, PAGE 89,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LYING AND BEING WEST OF THE WEST RIGHT-OF-WA Y
LINE OF STA TE ROAD A1A AND EXCEPTION THEREFROM
THE WEST 25 FEET OF SAID LOTS 9 AND 10 AS
CONVEYED TO THE CITY OF DELRA Y BEACH FOR ROAD
RIGHT-OF-WA Y, LESS THE FOLLOWING DESCRIBED
PORTION THEREOF: THE EAST 176.5 FEET OF THE
WEST 201.5 FEET OF LOT 9 AND THE EAST 176.5 FEET
OF THE WEST 201.5 FEET OF THE NORTH 10 FEET OF
LOT 10, OF "SEGER'S ADDITION TO DELRA Y BEACH,
FLORIDA" (FORMERL Y A PART OF BLOCK E OF PALM
BEACH SHORE ACRES), ACCORDING TO THE REPLA T OF
THE NORTH 200 FEET OF THE SOUTH 516.3 FEET
THEREOF AS RECORDED IN PLA T BOOK 16, PAGE 89 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
CERTlF/CA TE:
I HEREBY CERTIFY THA T THE A TTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON JANUARY 31st, 2007.
I FURTHER CERTIFY THA T THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN
CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES
472.027.
CAULFIELD & WHEELER. INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
730lA W. PALMETTO PARK ROAD - SUITE 100A
BOCA RATON, FLORIDA 33433
PHONE (561)-392-1991 I FAX (561)-750-1452
SKETCH OF DESCRIP TlON
12' SEWER EASEMENT
l DATE 31 200
DRAWN BY APZ
F.B./ PG.
SCALE
JOB NO.
4932
~
~
1
I--- _
ffim
WID.
-_ \ I I r-1/
- _ WITHERSPOON LANE /
--~
-~/
- _ McKEE LN. /
_ ITB
L-
I
BOULEVARD
....J
<
I
I
I
i
a.
- -~I---
-<
I---
-
-~
-----
c--- -
-
--
E
8 -
~ -
1
r0o-
D
D
N
~
..0
Q)
l.L.
c:
o
Q)
c:
~
.:.<
ST.
-
z'1
'---- I
~~ I
o e- --
a:: - --
---
!r~ --
ci,~ --
;I:
-0
:<
:<
:z
N
D
2:
Q)
o
c:
Q)
-0
'in
Q)
D::
'---
'---
!j
'C
Q)
-0
2-
-g
iii
c:
o
Q)
o
o
:z
N
D
~
c...>
~
,./
c:
I~
~~
in
....J
<(
I!:
~
<
ll.
I
I
I
7
I
I
.I
I
(
r
I
I
I
Ird
/4
I I
I I I r
1
PELiCAN LANE
I~
----- ~
<
1---",
;I:
W
0::
o
z
<c.-
r
I \
BLVD,
GEORGE
(~T 1
\ \ SOUTHWAYS
I
CRESlWOM DRIVI
\ I
I~
7
7
I
I
~
10:
>
I
I I I I I I 11 ~~
H .RBO DRIVE HA~OR DRI lD_
I II I I V ~ I i ~ =
~z I"&"
- :'0"": i : ' J =;~~
I IITSI,c--.z- g/
"''"I II mr T I' Hbf!
====< SEA SPRAY AVE.
IIIII~
IITI~
(
LOCATION MAP
502 N. OCEAN BLVD
DAlE: 11/14/2006
02 N. OCEAN
CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 80UTH 8WNT'ON AVENE, DEl.MY BEACH, R...ON)A 33444
00 000
Date: 13 Februarv 2007
AGENDA ITEM NUMBER: ~ . E
AGENDA REQUEST
Request to be placed on:
--X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 14 February 2007
Description of Agenda Item (who, what, where, how much): (f)A
Request is for Commission approval of a proposed 12' Sewer Easement, ~
ab9RdgR~e"t "r L1llJ fulluYY;lIg ea3C"'CRls 8R~9 the 12' BerNer Ce35fR8Rt ii: pe"9r;~8e1: ~yO ::;'
l;e3ClllellL, alld ~ 16' L.:I:st::lllltm1.. At 502 N. Ocean Blvd.
Staff Recommendation: APProv~ ~
Department Head Signature: ( -. . ~ ,.Jf..
2 ~I~-\;)l
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: B/ No Initials:
~
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\T AC\502 N Ocean Blvd (Uderitz Residence)\2007 februr14agenda.doc
~
SUBJECT:
DAVIW~E CI
PAUL {;~L1NG, AICP, IRECTOR OF PLANNING AND ZONING
SCOTT PAPE, AICP, SENIOR PLANNER #V-f--
MEETING OF FEBRUARY 20, 2007 **CONSENT AGENDA**
ACCEPTANCE OF A LANDSCAPE MAINTENANCE AGREEMENT
ASSOCIATED WITH THE SEAGATE BEACH CLUB CLASS V SITE PLAN
APPROVAL.
TO:
THRU:
FROM:
The action requested of the City Commission is acceptance of a landscape maintenance
agreement associated with the Seagate Beach Club project located at the southeast corner
of South Ocean Boulevard and Casuarina Road. .
The property is an unplatted parcel of land lying east of South Ocean Boulevard (State Road
A-1-A), west of the Erosion Control Line and the Atlantic Ocean, and south of Casuarina
Road. The area of the property totals 0.70 acres and is zoned RM.
At its meeting of July 26, 2006, SPRAB reviewed and approved with conditions, a Class V
Site Plan application for demolition of the existing restaurant and construction of a new two-
story restaurant. The development proposal included the installation of landscaping within
the South Ocean Boulevard right-of-way. A condition of approval was attached that the
applicant submits a landscape maintenance agreement for the landscaping within the right-
of-way. The landscape maintenance agreement has been reviewed and approved by the
City Attorney's Office for legal form and sufficiency and is now before the City Commission
for approval.
Accept the landscape maintenance agreement associated with the Seagate Beach Club for
the installation and maintenance of all irrigation and landscaping material located within the
right-of-way of South Ocean Boulevard.
Attachments:
o Landscape maintenance agreement.
q.r
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is made this 13~ day of re,13
, 2002byand
between the City of Delray Beach, Florida ("City") and HH Properties -I, LLC, a New York
Limited Liability company ("Owner").
WIT N E SSE T H:
WHEREAS, in order to provide landscaping in the City, the City Commission has
adopted ordinances setting forth requirements for landscaping; and,
WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be
allowed to install landscaping material in the right-of-way of the 400 block of South Ocean
Boulevard (also known as A-I-A) (the "Road") pursuant to the terms of this Agreement; and,
WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any
other type of abandonment by the City of the public right-of-way of the Road; and,
WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of-
way purposes; and,
WHEREAS, the public will benefit from the beautification of areas along its streets by
the addition of landscaping; and,
WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape
plan and it has been approved by the City; and,
WHEREAS, the parties hereto mutually recognIze the need for entering into an
Agreement designating and setting forth the responsibilities of each party.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
in this Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
I. The Parties hereby represent and warrant that the above recitals are accurate and
correct and hereby incorporate them in this Agreement.
2. The Owner shall perform all conditions as required by the City or any Board of
the City in conjunction with the site plan and review process for the required installation and
maintenance of the landscaping. The subject property, further described in Exhibit "A" (the
"Property"), shall have an approved landscape plan, Exhibit "B", attached hereto and
incorporated herein by reference.
3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge
or grass material or any other material as required by the Owner's approved landscaping plan.
4. The Owner hereby agrees to maintain the plantings in the right-of-way m
accordance with the City's Ordinances and the terms and conditions of this Agreement. The
Owner shall be responsible to maintain, which means the proper watering and proper fertilization
of all plants and keeping them as free as practicable from disease and harmful insects; to
properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to
a proper height; to properly prune all plants which includes (1) removing dead or diseased parts
of plants, or (2) pruning such parts thereof which present a visual hazard for those using the
roadway. To maintain also means removing or replacing dead or diseased plants in their
entirety, or removing or replacing those that fall below original project standards. All plants
removed for whatever reason shall be replaced by plants of the same grade, not necessarily the
same plant but of acceptable quality to the City and the Owner, as specified in the original plans
and specifications and of a size comparable to those existing at the time of replacement. To
maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants
2
shall be those items which would be scientifically classified as plants and include but are not
limited to trees, grass, or shrubs.
5. If at any time after the execution of this Agreement by the Owner, it shall come to
the attention of the City that the landscaping is not properly maintained pursuant to the terms and
conditions of this Agreement then the City may at its option issue a written notice that a
deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner
shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If
said deficiencies are not corrected within this time period, the City may at its option, proceed as
follows:
(a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred.
(b) Terminate this Agreement.
(c) Cite the Owner for failure to comply with the City's Ordinances.
6. At all times hereto, the Owner shall own and maintain all landscaping installed in
the right-of-way by the Owner.
7. If for any reason the City decides that it needs the right-of-way of the Road or for
any other public purpose this Agreement shall terminate. Owner shall remove all landscaping
from the right-of-way within 30 days of such notification, if so requested by the City.
8. The Owner shall indemnify and hold harmless the City, its officers and employees
from all suits, actions, claims and liability arising solely out of the Owner's installation and
maintenance of landscaping in the City's right-of-way.
9. This Agreement shall constitute the entire Agreement of the parties with respect
to the subject matter of it. All prior understandings and agreements between the parties with
3
respect to such matters are merged into this Agreement, which alone fully and completely
expresses their understanding.
10. This Agreement may not be assigned or transferred by the Owner, in whole or
part without the written consent of the City which shall not be unreasonably withheld.
Notwithstanding the foregoing, in the event that the Owner shall sell or otherwise dispose of the
Property, the Owner shall be permitted to assign this Agreement to a new Owner ("New Owner")
and shall cause the New Owner to execute an Assignment and Assumption Agreement whereby
the New Owner shall assume to obligations of the Owner pursuant to this Agreement, and the
New Owner shall be construed to be a "permitted assignee" of this Agreement.
I I. This Agreement shall be binding on the Parties, their respective heirs, successors,
legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm
Beach County and shall run with the land.
12. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this _ day of
,200_.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to legal form
and sufficiency:
City Attorney
WITNESSES:
HH Properties - I, , LLC, a New York Limited
Liability Company
4
C-rr-c c--
E. Antho ilson, Vice President
HHC LLC, a New York Limited Liability
Company
Manager
By:
~/~LCS?T ~~er-
~
Its:
Sh~~ /l (JlAr-ft/t
(Print or Type Name) -
STATE OF HCJ<"~~
COUNTY OF e..,..-\ '^""- ~~ -_ ^'-
~~y ''',." ERIC DA VI D DORSCHEL
~ V... MY COMM ISSION # D0470700
~~(Jrf\.~~ EXPIRES: Sept. 11.2009
(.07) 398'()153 Florida Notary Servlce.com
The foregoing instrument was acknowledged before me this /37.:11 day of
~ptz'(. 200-3-by E. Anthony Wilson, as Vice President of HHC, LLC, a New York
Limited Liability Company, Manger of HH Properties - I, LLC, a New York Limited Liability
Company, on behalf of HHC LLC, who is pt([Onauy k~ to me or has produced
(type of identification) as identification.
~~ ~-----c~
Signature ofPe~n Taking c nowled ent
~ '. c.. ~s.v{
Name Typed, Printed or Stamped
5
EXHillIT "A"
Legal Description
Parcell: All of that part of the South 129.39 Feet of the North 395 feet of Section 21,
Township 46 South, Range 43 East, lying East of the East right of way of State Road A-
I-A, Palm Beach County, Florida, together with all littoral rights thereunto belong or
appertaining.
Parcel 2: All that part of the North 265.61 feet of Section 21, Township 46 South, Range
43 East, that lies East of the Easterly right of way line of State Road A-I-A (formerly
known as State Road 140), together with all littoral rights thereunto belonging or
appertaining.
!i:sl!
~ ~'o
.~ ~ ~
i5~
g!
I~
I!
UI~J!
.<h
1iHl
}f : 1
~ w
Et~:k,~i- II gll
-' I-
ID IL 8
::>
-' :I' }-
U U '1:
~ ~ <l -'
w lr
~ III
E9 w }- <l
- ID <l U
II': '"
w w -' ~
-' ~ w
~ 0 <l
III :I
W
'"
-P
't-
'-....../
I
\""
. 'I
I /
I ,
...",.,....
/
1
1
1
1
/. '"
1
I
1
I
, ,
'-'
1
1
-----///
--
..........-........-
/"'.........T_
(
\
\
,"
1
I
I 1
\ I
\ /
\...../
/ 111// //
,,' - - -......../",/, . ~ /
-~- .~0.:::;~ /.
",':;,j:.;) /
(" //~. CJ~"-.~~ /' .
>t ~/ P/
/7'
to
to
o
n
11'1
~~
I)~
~I:
w~
"''1:
~Ill W 1llD..
~~I- ~~
L~~Il1~ Illiii
'-~~~ ~~
~ . '"
j[OuiWI) ~1ll
o'l'1I181l1 ::i:ll
~~g~~~~H
~-l;\!oio~>Il~
~~~~~~a~
~~~_dIL~u.Q
iT
\ O~ ~
-b
'l-
~g~ II 1'1
.CI. ~ g i~! I
..~~ ~.~ ~l! ~ EB
i9~ ~! If ~
! :; !
~
5
~
i
~
~ Ii ~
I- i
~d
j
..
11 ] f
~ hi <
r -F l I f
!lhihtnH
i~ 1~~IIb;~Hl
n;l-HJ'J>'~~
t~~H~j!~!Q~
~~~~i~lil.!!
lii!Hh!~L
- U~~WmH
!iI> !iI>
+ ..
~
r
.
r
~
~ i.. i
! ~~ i ! ! ;!
~_ .~ w t j ~ 1i
~ l j i: 1 l I .. I i
- b~ t _ zj 1 ~ ,1- ' ~ ~
.1-I~J::"~j_HI~ ~~I'il~ I"
~- ",1 -'OM. 0 . B..& a.} L [Ij \(~ ~ "Ii ...
:~ ~';QI~~~'ig~ilq I ~.5 .~~J:~J~lai~]b
hjl}~hh;~:!~~~"ih~.~hlU~~" i
~:;:= ~ 9 i 9~ J~~~~:;~:." tlh- ',~~:" l~ - '-
j' ~~~iihj~i~Vul~i~~~i~i;h~~zt'i!
. =,,;1. j ~.=:t::. ~'" >:.. i"~h:.~~~ :ill:m~-"l..l';
~l' .~.- ."tl]i!~~.!- "='.'111;''' '1
I i ~~" 'd'~ i9;0 'j"-- ......... >.,
i .-;"1 ,." i~!i ,..J.h J '!-;
t~fi ~.I~ d~S~h ~~~d~~H,;-}.wb~~
~~ f)> ~ ~~
. D : ! l ~ ~ ~ ~ ": ~ ~ ~ t ~ ~ * 4
~
~ ~ ~ ~
~ ~ ~ ~ 2 ~ ~
~ , t
oi:l
j
~ 3
r Ii
". :9hh. i J
= m .... ... 9"{i! ~.... L ~
j>{2H~hoijjH~;
~~ph~qn."J i",
. ~,~~.+E . i" ;'."' a-
t . "2 ....,\:1 Iie.....~ 00.
!_~j.~hm:Hhi~
l!:;tiit.;~~ ;ill:~
3i'R~~iit~~Z~i '~..
. [~~~~:!IJ;..;.R-.w~.._-!~:1-,9"
h ~ ~
~dtlH~s
1~1~ ~
! ~ ~
~ . ~ ~
~ ~
~ ~" 8
~
=!
il
:
~.
/,I,>L~ ~ ~ -
h/~ ~~ ~o
h/~/ ~ ~ rJ_L-__C
~ I"
I Z
,/ --<
/ ._"'\ /" ~ ) ( r-----e:!---
,f "jir- _~:~ I, C'i '\
: /\ ...~. ~~C~~ ~I ~"......_~..........., '>
/ / \ ..... ,,...--...... . V1---' /!I~ f--~ ) /
, , " ,'. ....... - - ~', I . :t~' I
--- '"~ 1 / I=!... '--\; !..\( /
~ -i-""l: --~ I l " I \ /
c.:I ~ r ""'Viii; /- "t. ...v...... /:
,..S066Z I, I' /
Z , / /
~ I /
~~m ~~
il'J:- 0:;
~~! del
~iIi~m 2~
~i 1l:H
i2 -Jffi
d~b
~~I "l~
~~ ~~
~ ~.
l!~
d-
:)... O-P- ~
-f'
III
::J
-'
I)
:I
I)
"l:
w
III
w
~
W
dl
~
-'
Il
w
Il
"l:
~
a
~
-'
~~iS~ ;--;-~01
~~~. .d)
.~nUUH~ 1
~-~~~~~11~.~ i
~~. ~-"''''''I"jl
~ ~~
~ ~; ~ I
H~f ~
}r~
jj
it
:I'
I)
<l
w
In
)-
~
-'
w
a.
mmmm~ mm
UH!!hd... ....n
11111 iUUimU;
a .hi 11115ul mlh
5 i~u~~hmfi......
i!rIUm!!!mmm
...J ...111 lJ d...:."'..... K.Jr. lI!o"La.....
~ . Il J !~ ~ It ! f il'il I
! i !r i At~H! H '1.:' IJ
~ ! '~l~ Ii I HI H' fiH!! it
;. i f! fj ~~h!H n!lfHIf fJ~
~III! ill.!ttl! Il, 11'111} J,
6 ~i~, ~l dll,Jll Jig .!Jih!
'Il!ll
H'l'.
1"1'111
III'
oEIll';!',-!
'Iii
li!lti
,...-'
,
,
J
I
d
~i! I
l../
I
(
,
,
_/
-----
.................
~ - - .....,.".-
////'" ---
-b
't
~i~ II
..; ~ ~ ~~
i!: ~ I~
um
!"::I
Ih'!l
tf21
::! .:.
.~
I
i
,
I
I
'I
ij
Ii
~ I~
i -
-
9
i
~
~
.
~
~
~
II tll -
III I: I 9
!I! Iii !
Ii' II' ~
h! iLl i
I!!l ii! II :
s ~!I!~I!I !
11 l L l i ~ "II i
I t 11~1 !bi fi! l~lf U!l{i' U
I J I: Hti HII i lil.i, it
~! 1 :1 Iii iL ildHlt ItfJir !J~
~ II! tin.'! 1" 11"111t!
5 ~l!, .l.,uuli ItP! lelhh ,I
I ~
I
~
III
III
III
!;i
~
III
'"
I, .
I! !b 1"1; I
I-Ul61 e I
1Il!ll1" I. Ii I
I' I.'" I
':0j
II I I
II! I II
l!:. I:
II
II .
Irq
!l~'; I~
II' I
00j' '.'
0~!! Ii .
00~,
01 '.
! "
I
.;0
~ ~ ~
I <l
U ~
<l Q
ill ?i
)- ..J
~
..J
III
Q
~~P~1 !~~N
fjI ~
~~ ~~.~-l
i l ! ' i " l. 1
~
II I
i-I Ii
R~~
~~
I I ~ii sa- f, j r.li
I i n'll'" I ~1' ".1 J! i tH
_il~ : lI;t~~~," i'lJ:a ~.!J i1 fi b lU!
.,~ IjUi1i1i;fi H U III h ~i l~ .I~
i:hi ~gHhJ~li lif flIt! il~ U 111 } fl~lj
IWf ~ hr~. Ul' 'u ii ~'J! I' i L h~J
jl.~f il11 <H'A !~J" "I'" !ll;:,H Jr.ll
Ji~p , '^ .. 'il J ;, ~'f1 },W
lrlll Ii ':i ~~i < I I ~ jt ~11 !'Jh
Ill:~i ; 1 ~~ ji1f~if ! Uit ~~ 1 I ~i~~~ I in~ I biili
cI = -'
l' 'f!
till Jg
;1~ u!
Willi
9 I''} !it
, 11'~11'
~ ,.~j.J .
i iljih }
~ "ll~ l~,
~ HfiiUU
I' .
.
. u' it .
. ' 1 .J ['!b
;~4t ~ft~. Aitlt1 i
uUI. HI t ;
IIlb l' flU i!![ l.f
!ihUI' ;~i. n~il !~!!~:~ p.
'~Jii' 11m JUI:{ J 11
~ ~ri~rL! !~i! .iliU~t t ! 1; I
I '1.6.. e I~'I !1rn:}!~ .~ ~~ J!t 111
i ~ 13mB ! nlU~tlfJmf mM~llf ~ ! -!dl
.
~m! tjdJR~ Ida' ~imi* 1-'
1 If nlll IK tit! 1)_
hl;~h~U. Ibi f~n~fil~Hl i
~ql1!Jlg1 WI, lkt:!1 I
idfliiimt ll~i! t1flTIMj, ~nli
I iill!-!h~'1 I!JJ,i e i.UhlJ"l{ li-!:!'
i '1~IUj~~I' i !jZi ll'mi ~'I"1 ~ WI'
i iUJjilillU ! ~~lil I lfiMh l~ ~ :lid!.
... II -' .:
j -
{ii 'J! I .
H1fl no' ~ 'fi'
. .,l J.i I .
; h I .11 "
hilt nUdln Iltll
ftrt ~1~~I;i~ J r U~!~
"lK W "Ii l ~ ~'l
:-. 'it !JIll it'i'
ffi'~u' I Hz~ ~jd' lli;i!
fll i I!UiJ "-'. JII!Z
li ! bl i Jt ~ _ t, i-Ii.
11) ~ unr I JHllm6 j~~1 hb~l
. 1 ~flt II ') I h 1 if I-lq I lit' III ~it · l' t Ii I I : l~ J I it )lL
1 f In'li! ~~ IJllUt }.'!'1 H~j~ lm4~k~bh't Ih~ im Ii! i!J" ~~~ jt, 1 t~ P. ~;i!i Un lItH n Ii g;1
I' I I !lH~ ~!J !l j'11' ~< Zl ,iir aH . 1'1 l!i{ ,\J a!:,'. II,
~J. U. II tlmlID I ~ Ilit1iPj !tl' } "t1ft] dh. 1<< I ft, ~f IdJl d,ln~ ij~ ~g. t I' l I! liji!
"HI 1ioii.' ti "HI ~ i'lo'i!,l.i!J- , I. nill Iij' ~ U .. d 1.1'11! :! . Mi ':1 II III ~ir.
IQlI ~.ij \- llJ:.'SIIl ,ll'~p.l~!i ni' !jjln !!it '{ I I ~ ~L~ I u" ! Fr.l!li ! II I Ii I ~:I
I! ~~,~! I~ i!~ll,ti"' i ~.I i~~ Illill J ..I ~J i ~i ~~ !1 ~t I ~~\rn!p~ V!H~!
cr
3~5"
-b
~. ! rill, r I
I I g; Uli II !j I!;j d I ·
!I. d ~IIII u,lub h!i; ;'11
'In!, III !. I ~ . I ~ r.I~I! j
hili 1.1 n,llh! II! illhh Ii .h
if! ,I 'Inh ~ ~Ih ~!grl II"hr II
!l~ !!~ liHl'1 Hh ~ II! d i;IIW III
ill' I'p.; II r liB lit ~~ !Ih~ nil
! !; ill ;i1i 'il i P111d ill ;UII Ui;1
2 1'1 ~i I ~ hllll.; ~u II; 1311; 11"1
i :h ~II ~;r ~ii!: i: ~., :h !ilil !.I ~i .
. dl
~ ;5
t ,If is
, 'd.1I
Iln ;;j
, -Pl~1
. I'" Ii
I -1111;
-d h!E
l; _I. ~Ii
III ! 1.1
!iiill~1
::Il ~ Jli I:!.
! t to
I ~ ~ ii
i~ ~ .:oE_ ~"o
;"t _:-. ..
~~ :g ~ fJ
~~ ii -E
~ ~ 2M r,g
"S..::.8 .. 1:
fa ~: ~ i]
is! f! .;; ~: .
I
I u
. ..
~ g>
L - i Ii l
i ~n~lll~nl
~ ~I * III q ~ ~I ~i ~
I :E I . . . ! ~ t > I~ g
:~:..~ ~ II
".. m
Tnl oem
-,:J
Will .. ~ ~ 'r; I ;I~-
...."
<t...J I iE b" "(1'. 1
~ u u
<( 5 .
wI ~n 1
'" ~ w
III ~.
w }- ~' P
III ~ !,2 ~ ~
...J ~ :&
w u
n ~
~
~
~
~
)1
.
~
~
~ ~
. ~
~ 0
~ ~
, F
q~
J l;;~
'Vl
~
.
.....'\
",
.!-
'i 0+- 5'
''/.
, /
, /
1/
\/
"'(#''''
."
'I- ~
~g~ II Jnsj Will i ?i l" 1-'-
1-:;) . 0 I I
i'~~ <( --' I r[ ~ ~ 0 ~
,-,o;!i ~U U
...;!llg I~ Im' 69 w:I <( ~
~~ .--l <flU w 'In WI i
!! ~l <( III ;::
i5~ w >- :I ~~ t!s~~~
, - III ~ !;1 ~ ~
--'
--' ~
w ~
(l
-Ii ~
1 i ]
E
.. ~ 1'1. !iJi
~ z ~ :nm"-.j
ii: ~ .:.:
ti; . j!~ ~E:D !),
... ~ ;!l >1 OLm~
~ j!; (5 h O~m2-
" -Ii .9Q~~
"11 ~ ~}l~o
gj 1! :;;t~~
~ ~= ;;; ~;i!
_i ~ j) )..!
1 ~~ := t:~ ij
_Ou-;Q
~,!! Q 00;: U
l3~ ;- ~~;)~
1!~ ~'H~
. l3 II< ~; 0"'0......0
> , -;;"to
~~ i3 ,8~
~ ~~ _ m ~
> ~~ ~ t~ Ii] g ~
j!"> '" ~~ i~~
'" :!! m ~ x . w
\11 ~ . -' , '::0015
F! ~ ~ ,;!.K' ~!;~
x
u: I!!l! ~.i5~~
<( ;0 ~
~ ;1) 'i1. <i ;n]-
-' <:(3"010
,90"g6
...
~ c+- ~
-io
0;\
lf1
FROM:
DAVI"D T. HARDENJCITY~NAGER
'f/tuJ ~
PAUL DORLlNG, AICP, DIRE R OF PLANNING AND ZONING
SCOTT PAPE, AICP, SENIOR PLANNER~~ ~
MEETING OF FEBRUARY 20,2007 **CONSENT AGENDA**
ACCEPTANCE OF TRI-PARTY PARKING AGREEMENT ASSOCIATED
WITH THE SEAGATE BEACH CLUB AND SEAGATE RESIDENCES CLASS
V SITE PLAN APPROVALS.
TO:
THRU:
SUBJECT:
The action requested of the City Commission is acceptance of a tri-party parking agreement
between the City, the Seagate Beach Club, and the Seagate Residences, which are located
at the southeast and southwest corners of Ocean Boulevard and Casuarina Road.
The Seagate Beach Club is an unplatted parcel of land lying east of South Ocean Boulevard
(State Road A-1-A), west of the Erosion Control Line and the Atlantic Ocean, and south of
Casuarina Road. The property totals 0.70 acres and is zoned RM. The Seagate Residences
will be located west of South Ocean Boulevard (State Road A-1-A) and South of Casuarina
Road on Lots 1 through 7, Block 2, Seagate Section "A" subdivision and contains 2.73 acres.
The Site Plan Review and Appearance Board (SPRAB), approved the Class V site plan
applications for the Seagate Beach Club and Seagate Residences subject to the condition
that a tri-party parking agreement be approved by the City Commission. Except for one
handicap accessible parking space located on-site, all of the parking for the beach club will
be located on the Seagate Residences site on the west side of State Road A-1-A. To ensure
that parking will be available to both properties, an off-site parking agreement is required.
The City is included to assure it cannot be amended without approval of the City
Commission. The tri-party parking agreement has been reviewed and approved by the City
Attorney's Office for legal form and sufficiency and is now before the City Commission for
approval.
Accept the tri-party parking agreement between the City, the Seagate Beach Club, and the
Seagate Residences.
Attachments:
o Tri-Party Parking agreement
o SPRAB staff reports dated July 26, 2006 and April 5, 2006
~'G
PREPARED BY: RETURN TO:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, FL 33444
OFF SITE PARKING AGREEMENT
THIS AGREEMENT made this 1'3-1l.. day of -::rid
, 2001, by and
among HH PROPERTIES-I, LLC, a New York limited liability company, its successors and
assigns (collectively, the "CLUB"), whose address is 400 Linden Oaks Office Park, Rochester,
New York 14625; HHC SEAGATE, INC., a Delaware corporation, its successors and assigns
(collectively, "HHC"), whose address is 400 Linden Oaks Office Park, Rochester, New York
14625, and the CITY OF DELRAY BEACH, FLORIDA (the "CITY").
WIT N E SSE T H:
WHEREAS, HHC is the owner of certain real property situated in the County of Palm
Beach, State of Florida ("the Property"), more particularly described in Exhibit "A", which is
attached hereto and incorporated herein by reference; and
WHEREAS, the CLUB is the owner of the property more particularly described in
Exhibit "B" (the "Club Property"); and
WHEREAS, HHC wishes to make provisions for the use of a portion of the Property
described in Exhibit "A" for off site parking by the CLUB; and
WHEREAS, it is the desire ofHHC and the CLUB to each operate and maintain
their respective properties with integration of certain common areas for their mutual benefits as
to parking.
FTL: 1883673:9
1
NOW, THEREFORE, for good and valuable consideration, HHC, the CLUB, and
the CITY hereby agree as follows:
1. HHC and the CLUB hereby agree as follows:
A. HHC intends, and shall be obligated, to construct upon the Property a
residential condominium project (the "Condominium") that will include a parking
garage and an outdoor parking lot. The parties hereto acknowledge and agree that while
the project including the parking garage and outdoor parking lot has not been constructed
at the time of execution of this Agreement, HHC is hereby obligated and agrees to be
obligated to construct the parking garage and outdoor parking lot containing the Club
Spaces (as hereinafter defined).
B. HHC shall designate eighty-four (84) parking spaces upon the Property
that shall be available for the exclusive use of the CLUB during Beach Club hours of
operation, which spaces are identified as "BC" on Exhibit "c" attached hereto (the "Club
Spaces"). HHC shall designate sixty (60) spaces, identified as "RU") on Exhibit "C"
attached hereto, to the Condominium residents ("Resident Spaces"), which shall be
assigned to the unit owners. In addition, HHC shall designate thirteen (13) spaces,
identified as "GU" on Exhibit "C", for use by guests of Condominium residents ("Guest
Spaces"). Notwithstanding the foregoing, HHC and CLUB shall be permitted to modify
the location of the Club Spaces, Resident Spaces and Guest Spaces, provided, however,
that said modifications shall not reduce the number of Club Spaces, Resident Spaces or
Guest Spaces required under this Agreement.
C. HHC shall maintain the Club Spaces in a neat, clean, and sanitary
condition, free from all garbage, trash, litter, and debris and provide all maintenance and
FTL:1883673:9
2
repairs required thereon, including, but not limited to, asphalt repair or repaving and
painting lines thereon to clearly mark the Club Spaces. HHC shall also be responsible
for any and all other expenses associated with the Club Spaces, including, without
limitation, taxes and insurance.
D. In the event HHC ever sells, transfers, or otherwise disposes of the
Property described in Exhibit "A", including if HHC creates a condominium on the
Property and declares the Club Spaces to be common element and/or transfers any portion
thereof to a condominium association, it is agreed that such transfer, sale or disposal of
condominium shall be subject to the obligation to provide the Club Spaces in accordance
with the terms hereof.
2. This Agreement shall not be terminated, altered, limited, changed, or modified
unless in writing, signed by all of the parties hereto. This Agreement shall be binding upon, and
run to the benefit of, each party, its successors, assigns, or heirs, as the case may be. This
Agreement may be enforced by any of the parties hereto, including but not limited to the CITY.
3. This Agreement shall be recorded, the expense of recording to be borne by the
CLUB. In the event this Agreement is ever revised, the party requesting the revision shall bear
the expense of recording said revision.
4. Each party, except the CITY, shall pay all real property and other taxes, charges
and assessments levied or imposed on the real property and other property owned by such party.
5. For good and valuable consideration, HHC and the CLUB shall, and hereby agree
to, indemnify, defend, and hold the CITY harmless from and against any and all judgments,
damages, claims, demands, losses, liabilities and other costs and expenses, including reasonable
attorney's fees incurred in the defense thereof, that may be incurred by reason of any loss,
FTL:1883673:9
3
damage or injury to any person or property resulting directly or indirectly by reason of the use
and occupancy of the Club Parking, or by the reason of the act, or failure to act of HHC and the
CLUB or its agents, employees or representatives, and further shall, and hereby agree to,
indemnify, defend, and hold the CITY harmless from and against any and all losses, claims
demands, costs, and expenses to which the CITY may become subject by reason ofthe failure of
HHC and the CLUB to perform or observe any covenants, terms, conditions and provisions
hereof.
6. The CITY, by entering into this Agreement, has no obligation to provide
maintenance, nor does the CITY accept any liability associated with the use of the Club Parking
whatsoever. The CITY'S interest is solely to assure the number of required parking spaces, per
the Code of Ordinances, is met.
7. This Agreement shall run with title to the Property and the Club Property.
Accordingly, upon the creation of a condominium upon the Property, the condominium shall be
subject to the obligations of HHC under this Agreement, the condominium association shall be
deemed to have assumed all such obligations, and HHC shall be personally released from such
obligations.
8. In the event of any litigation between the Club and HHC under this Agreement,
the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and
appellate levels. In the event of any litigation between the parties under this Agreement: (i) the
parties shall and hereby submit to the jurisdiction of the state and federal courts of the State of
Florida, and (ii) venue shall be in Palm Beach County, Florida. Notwithstanding anything to the
contrary contained herein, the Club and HHC, in an action against the other, hereby voluntarily,
knowingly and intentionally waive any and all rights to trial by jury in any legal action or
FTL:1883673:9
4
proceeding, regardless of whether such action or proceeding concerns any contractual or tortious
or other claim. This paragraph shall survive any termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed these presents and affixed
their sales hereto as of the day and year first above written.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
WITNESSES:
ame: 5M~_7f. C,..rh/L
WITNESSES:
&27/0-
~
Print Name: .- _ ~
FTL: 1883673:9
CITY OF DELRA Y BEACH, FLORIDA
By:
Mayor
OWNER
HHC Seagate, Inc., a Delaware corporation
BY:~'-
/
OWNER
HH Properties-I, LLC, aN
liability com a
By:
5
York limited
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 200_ by (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification and did/did
not take an oath.
Signature of Notary Public -
State of
(SEAL)
STATE OF ~ L.O(l...l ~ A-
COUNTY OF P PrLfIIA- IS yA-<::J- t.f-
The foregoing instrument was acknowledged before me this 1 '!l' # day of
~ tLVA1l.--f' ' 2001 by '2. A ^'~ ~ W ~ l s. ~"" , the ~N So. tL of HHC
Seagate, Inc., a Delaware corporation, on behalf of t company. He/She is p~ally k~n to
me or has produced as ide~~n a~.
Signature of Notary Public
Stateof ~~~)-~
(SEAL)
~~y '''", ERIC DAVID OORSCHEL
~ lW1 '" MY COMMISSION # 00470700
.,..~
~Off\.li EXPIRES: Sept. 11.2009
(407) 398-0153 Aoride NotaIy ServIce.com
STATE OF ~c....(.) IZ-L ). A-
COUNTY OF f ~l.AV\. i:, ~4e 1-1
. 1'''.7/11
The foregoing instrument was acknowledged before me thIS ~ day of
~tZ-u~j/ , 20qby L._J\\..~c........ , the O~N~L.of HH
PROPERTIES-I, LLC, a New York limited liability co pany, on behalf of the company. He/She
is personarry k~n to me or has produced - as identification a
did/did not take an oath.
(SEAL)
~~Y'''!tt. ERIC DAVID OORSCHEL
~ V '" MY COMMISSION # 00470700
"~Off\."~ EXPIRES: Sepl.I1.2009
(407) 398-0153 Floride Notary Servlce.com
Signature of Nota Public
State of ~(..o~
txt4/offsite parking agt. form
FTL: 1883673:9
6
I . '.f .
~
~.,
EXHIBIT A
BEING THE SAME 'PREMISES AS DESCRI~ED' AS fOLLOWS:
PARCEL 1:
A pARCEL OF LAND cONSISTING OF ALL OF LOTS 1 THROUGH 1, BLOCK 2. SeAGATE.
sECTION ," A". ACCORDING TO T~E PLAT THEREOF, AS RECORDED III pLJl.1 BOOK 20 ON PAGE
..0 OF 'THE PUSLIC RECORD" OF PALM BEACH COUNTY, FLORtI>A SAID PARCEL OF LAND SElNG
'MORE SPECIFXCALLY DESCRIBEO.AS FOLLOWS~
COMMENCE AT TI:IE INTERsECTION OF THE CENTER LINE OF STATE ROAD NO. 140 (N<iYt KNOWN
AS STATE RoAD A-l-A AIID SOUTH OCEAN BOULEVARD) WITH THE NORTH LINE OF SECTION
21, TOWNSHIP 4. SOUTH, RAIIGE 4$ EAST ALL AS SHOWN ON SAlD PLAT OF SEAGATE. '
SECTION ',A'; (NOTE: THE BEARINGS DESCRlBED HEREIN ME RELATlVE TO THE BEARING
,S a9"32'42" W ASSUMED, FOR THE NORTH LINE OF SAID SECTION 21J' THENCE
S a9"32'42" W, ALOIIG THE NORTH LINE OF SAID SECTIOW 21, A DISTANCE OF 122.&2
^,,-EET TO THE I 111" ERSECTIO II wITH A RADIAL LINE EXTENDED tlOR1"H FROM THE NEXT
'SCRIBED CURVE, THENCE S ",,' 27 ' 1 B" E. ALONG SAID EXTENO<D RAOIAL LINE, A
( 'sn,NCE OF 25.00 FEET ,0 THE POI'" OF BEGINNING, SAID pOIIlT OF BEGINNING BEING
IE POIIlT OF CURVA'URE OF A CURVE BEING TANGENT WITH THE SOUOH AIGHT OF WAY LINE
OF CASUARINA ROAD SAID SOUTH RIGHT OF VlAY LINE BEING A LINE 25 FEET (AS MEASURED
AT RIGHT ANGLES) SOUtH OF .AND PARALLEL TO THE NORTH LINE OF ,SAID SECTION 21,
SA~D . CURVE BEINS CONCAVE TO THE sOU,HWES' HA 1IlNG A RADIUS OF 50.00 EEET; THENCE
EASTERLY', SOUTHEASTEIIL Y , sOUTHERLY AND SOUTHWEST(RLY ALONG THE ARC of SAID CURVE
AND ALONS THE'lmlH' OF W~Y RETURN BEl"NEEN CASUARINA'ROAD AND STA1"E ROAD NO. 140"
'THROUGH'''' CENTRAL ANGLE of 110"53'19,4', A DTS'TANCE OF 90,7V FEET TO THE poINT
of. COMPOUND CUIIVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIU$ OF
4'8."4 FEET: (NOTE' THE NEXT THREE COURSES DEFINE THE NDRTHWES'ERLY' RTGm OF WAY
L1NEOF SAID STATE ROAD NO. 140) THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH ;.. CENTRAL ANGLE OF 1.",0' 00 . 0'. A DTST AWCE OF 13,'.41 FEET TO THE
poINT OF TANGENCY: THENCE S 3,'30'Ol" W. A DISTANCE~F 200.61 FEET TO THE POINT
OF' ' CURV AT URE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF ,960. OB
FEET: THENCE SOU'HWESTERLY ALONG THE ARC OF SAID CURVE THRoueH A CENTRAL ANGLE
OF,Ol""'.'", A DISTANCE OF 88.23 FEET. TO THE POIN' OF BEVERSE CURVATURE OF A
CURVE CONCAVE 'TO THE NORTH HAVING A RADIUS OF ,2..00 FEET; THENCE SOUTHWESTERLY.
WEsTERLY AND NORTHWESTERLY ALONG THE ARC Of SAID CURvE AND ALONG tHE RIGHT OF
WAY: RETURN BE,I'/EEN STATE ROAD NO, 140 A.ND BUCIDA ROAD. 'THROUGH A CENTRAL 'ANSLE
o. ..'3j'24". A DISTANCE OF 3..64 FEET TO ,HE pOINT OF ~ANeENOY WItH THE NORTH
RIGHT OF WAY LINE OF SAID BUCIOA ROAD; 'THENCE N 58'25'11" 1'/. 'AtoNG SAID NORTH
RI GHT OF WA V LINE OF BUCIDA ROAD. A 015' ANCE OF 194, 66 FEET ,0 'HE NUl'. <iF
CURYATURE OF A CURVE CONCAYE TO mE EAST HAYING" RADIUS Of 411.00 FEEt: nlENCE
NORTHWE9TERL V. NOR'HERL Y AND NORTHEASTERlY ALONG THE ARC OF SAID CURVE AND ALONG
THE RIGHI OF WAY RETURN 8ETWEEN BUCIDA ROAO AND SEAGATE DRIVE. ,."ROUGH A CENTRAL
ANGLE OF .,'4Z'Zl", A DISTANCE OF 64,02 FEET TO THE pOINT OF COMPOUIID CURVATURE
OF A CURVE 'CONCAVE TO THE SoUTHEAST HAVING A RAOIUS of 2220.0& FEH: THENCE
.~ NORTHEA&TERLY ALONG THE ARC OF SAID CURVE ANO SOUTH EASTER LV RI"lIT of WAY UN'"
:i
i
~.
> .
I ,. ....
. .
,.""--'-'.
paee 2. of 2
OF 5AID SEAGA1E DRIVE. THROUGH A CENTRAL ANGLE QF. 02.18' 48". A. DISTANCE Of
89 ~ 635 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE
NORTHWEST HAVING ^ RADIUS OF 284.02 FEE~; THENCE NORTHEASTERLY ANO NORTHERLY
ALONG THE ARC OF SAID CURVE CONTINUING ALONG SAID SOUTHE^STERLY RIGHT OF WAY
L:tHE OF 5EI\GAT ['; DRIVE. THROUGH A CeNTRAl... ANGLE Qf 36- 02' 2Q". A D15T ANCE OF
178.65 FEET TO THE POINT OF REvERSE CURVi\TURE OF A CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE NO~THERLY. NORTHEASTERLY AND
EASTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE flIGHT OF WAY RETURN BETWEEN
SE....GATE ORIVE AND CA$UARINA ROAD, THROUGH ^ CENTRAL ANGLE OF 90.00'00" r A
DISTANCE OF 39.21 FEET TO THE POINT OF TANGENCY WITH THE SOUTH RIGHi OF WAY Lll-lE
OF.. SAID CASUAR:J:NA ROAD; THENCE N 89-32' 42" E. ALONG THE SOUT.H RIGHT OF WAY Llt-UE
OF. S.AID CA5UARINA ROAD. A DISTANCE OF 264.61 FEET TO iHE POINT OF BEGINtHNG.
r--
SUBJECT TO RESTRICTIONS, RESERVATIONS. RIGHTS OF WAY AND EASEMENTS OF RECORD.
i
-
EXHIBIT "B"
Legal Description
Parcell: Al of that part of the South 129.39 Feet of the North 395 feet of Section 21,
Township 46 South, Range 43 East, lying East of the East right of way of State Road A-
I-A, Palm Beach County, Florida, together with all littoral rights thereunto belong or
appertaining.
Parcel 2: All that part of the North 265.61 feet of Section 21, Township 46 South, Range
43 East, that lies East of the Easterly right of way line of State Road A-I-A (formerly
known as State Road 140), together with all littoral rights thereunto belonging or
appertaining.
-
.
u
,;
.
-+--
.
-
-.g
.
-
~
x;
u..1.
>-
'"
lliS
<t;:
Effi
!lie
::l!!! a~
<.... ~9
~~ 8~
!f~ .~~
~... .~..
'iulJ<o
~~~~~
od~~~
en Ba~Bl?
~o ~l:s~~
z ..d:s!i!..;;
~ ~ ~ ~ gl!!
~~ ~a g'" S~
~~ i~ ~ ~~ ~~~~
i3b% jUg! 91- ::Ii~~O
i3 8~e~ ~~ ~~~~
~l5~~ !!!~ .i~~
~~~~ 5~~~h I
VlFw:J ~ .c; 'JEwZ
<tt:a::z ....If5~U'I_QUO
~~w~~~R:d~~~~ .
<~!liffiF"'::>l!lzF"'''l
3 OoUO~L&Jw~I..J~d
~Fi<\5F.FF~oJ!!l51
ell! \5 li' .%_~i:jo
~<~ tj9a-5%",tttj
"';:}i3~gJ",~8::ll'JFe!;i
~oi3l!!d~M~"'!f~~
nd.CI~~"'WClIt]~of(COm
...
-+-
1"1
I-
W
W
I
(.f)
W
W
(.f)
W
Z
....J
I
()
I-
<(
:::;:E
,...
I')
U
CD
<0
I'}
U
CD
Cl
W
00
oJ:2O.
~~iii
0::<<
n. U ID
o
w
00
OJ:
M~~.
0::<<(
a... om
It
l\l
L___J~
<
J:
tl.
IIlI A ~
~
r:il
....:l c
< ...
u
UJ
~
U
l-i
::d
P-<
<
p:::
c.?
"
...
t:
~O
r"lN
~ "
~.g
~ .8
.... B'
ztJ<
~"IlI~
;:::",l'j
UlZc(
'" a!1~1lI
II ~ ~~I
~~~ i~h,
it:!5!.i ctl to
<IF'!1l~'''
I I I o::m~
o .u.i I I l
~83rJ~~
~
NORTH
Z 133H5 335 3NIlH::>1 \f~
'--
rz S~
ZZ S!l
-- :.0:;;
II: S!l
--I
OZ S!l
~t.
L___..J
Cl
W
00
OJ:z
[LU_
Of-OO
a=:<(<
[LUCD
<(0;
001
o~
~J.
~~~
N <..5 ~5-;:-
~ z ~ V:e
III . OC 0
[J 8S~t51
::> -l OCI")
<( W ~:.::~
'0 W <(OCI")
W>-I -'<(I")
~lD3: 0-
0- 10<(
~ ~ ~g
0- 0 lQ~~
~ -l t:J<i~
3: W ~ ll..z
~ G: ~:ng
o :3 lJ.J~<(
CIl <(...J OC
- U 5~~
F . [iiu
~O
OlD
I")
,...
CD
o
o
N
.
l SH
Z SH
r SH
~
l> SH
~ S!l
Cl
W
tfl
0J:z:
ll.U_
01-00
a=:<(<(
[LUCD
::-
C/J. I")
~ u...
U~ ~
~8~~
~~OW
~~ 0 Vi
~~t-=l
C/J.~~
~O..;...:>
~~CI:l
Z~
~O~
~U~
<r: ~
c.!J~~
~ C3
~I
U)
-,
I
1
...J
9 SH
L SH
a S!l
6 S~
o. SH
LI SH
f-
.J
<(
:I:
[L
00
<
\n
~
-
'"l
I~
I=>
...J z
~
o
o
z
o
u
u...
o
z
o
F
<(
a:::
<(
...J
U
W
o
W
I
I-
o
I-
c.J
u...
o
W
1N3Vi3SV3 ~
\ ~m~
1nONII310 NISII8 1401110 ffi
mSOdOl:ld msodOHd :c
x
w
n
I-
W
W
I
Vl
W
W
Vl
W
z
:J
I
o
I-
<{
::?;
0..
::l<
c(
0::
911 38 ~
~'..Lg.38
... === ::::IE
gg 38
~ ~~ ~ ~3 z~ g
<~ i!i~ bbffi~ i~ ~~ 2
~F au I~ffi~ ~~ ~Q 0
~i!i ~~ oo~~ w~ .woffi ~
~e 9 U~wOulF"'~"'...1-
~~ ~3 ~15~~ffi~$F<F~ .
<~ ~'" 2"o5i3;~~h~
~~ ~~ ~gi!~~~sm~c I
~~ .<~.<F ~ j",o~~~ ~
b!...il1l~i~~~~~~F~~a~ F~< .
~mo~o~ ~~~~ 2WZ
ffi~~~~"'~~~5u~g~~F~~
F"'~m~F~U ...~~~eogZ9~1
o~~~ zod~~wJ~z~ !s8
~aw~b!~~~2 Fg~~511l "'~~
~%~~o~~~~wo ~o ~ WaF
~~~~F03~i!ioFF~~~~mjFZ~
J~~~~ ~~w3a~~c<<J N~
~8~N~~~dF~~~~~ri~~~~W
""'0..
::;;
c(
0::
f-
Z
W~
:::l10
0..0
50::
o
W
0..
::l
>-
...J
c(
:I:
0..
CIl
c(
=n~~J=i 11:1::1=;1:1
J~ ~w~~~~~
Cl
W
. ~:I:z
~gVi
<>:c(c(
lL(jlD
.-
....
(... ~
RS 122 I
>'RS 123 l
~
RS 125 ~
> n' I
~2:_1
RS 126
w-
I- U
Q~ B'L
;::"tj
~z<
IS ~~~5.
~ ~!&~
I~ 8.!!;..",~
~!l!@I-~.!!;..
u~'ihin
~8::Jmi1iw
I I I ~",G
o;:;w 1 I I
:t-S~lQ~G
I"')
en lJ...
c'5e:r,..., a
o,v,J C\l
~ (J):~~~ l-
f- 0 gj52-U~~~
~ ~ ~(J):gZ~~I
~ tr: ~ ~-; ~ t:; g (f)
a ~ lY""~~~
lii>-w ~Y~""-l~~
~lD ~ :5~~T"'" ~
UJ :;:: 0. V..J, .......,
g: I 0<( ~ 0 rn
08 1=9 ~ r---. ~
(/)wlY~ ~"-'
cC::;;o 1-:;:.0-
gt::l<t~ ~~
w ~D-z~ Oc.;,
5 i5tii~~u...:q
:J ..J~lY~ ~
c5 ~1C30~25
~o~
om
J')
I'- ~ I
(J')
O:~~
~c(v ~ v
lL(!)NORTH
<0
o
o
N
t!l
Z
~
<(
0::
a
~t
RS 99
===RS 100 r
11--
RS10l r
":EJI _ _
=RS 102 [
-. RS103 I
::-
\n
c+
.
rl
I-
Z ::E
...Jw::;;
o::!<o ::J <J
00.0 Z
o...5cr.
0 ~
w
a
Cl
z
a
u
lJ...
0
Z
0
F
<
~
<
-I
U
W
~ Cl
W
I
I-
a
I-
lJ...
..J a
....
e-oo
J>ilr w
~ II '"
~{l <
~.El a..
...-I::: ..
OJ
I-
16
I
il X
w
L_
": ~~---"'
11 'i/'r-<;/~
i
~ I!!~ ~ Q~; ~ 5
<~ ilia z ~ z ~~ ~~ g
~~ ~: ~ ~ ; ~~ ~~ ~
~~ w~ 8 ~ ~ .~~ .~um ~
~~ ~~ R ~ ~~~~~(;J.
<~ ~ffi ~ ~ 5~-~~f w
A~ ~~ ~ ~ ~55~~~~~
~ F ua::.~j;:J~ucn<<Q'
~c .~b'~ ~Eza~w~~i'!~ ~
~~iS~~Q~ Qi~~j!:'~~1!! ~. ~
J:uio~~::J~-C:~~P.i t=. Ftn -;. U
~~~~Fw~~~ffio~~z~Q~5d~ ~
"'lil~<>~:<:<> .ztll i1la '" % ......
;;~<~~F~uO~<~~~85oGi9~ ~
o~ffio zod.F ~d!i>z~~~-o. p...
~ ~~~~~~~~~~w~9~~~~wffi~~ ~
~ ~gioc~~~~~5~~~~8~~~~~~~ ~
o ~::a: -<w....J<ao-UJ t- ...c:c(""Cl N(;j
Z ~8~N~~~a;;ij!:~~~~~~~~~a ~
~
< l;
u
Ul
"
...
r---'"
~
NORTH
~
~ E
z~"
a~~H
a(h~<
=.I:i ffi ~~~ll;
~ :z I~~~
~~ I~ o<i!
~ . ~fi}~;~t
Of!;l!!zO-
U~-lil:<:t.;
~8~m~w
I I I ~.,~
u .w I I I
~83K!~~
e-.O
l>1'"
~ .
<(0;
0'"
o~
~~
UlWOl
N ,.; ~f-I')
N Z ~ 5~
f- _ ~(/)~
Ul .~ci~
=> 0:::=><(1
c.:> W (/)0
=> ~ ~I')
<( W ~~~
Cl W <(~t')
W)-I -'<(I')
~m3 0-
0- I 0 <(
~ ~ l=Q
Cl. 1Q~\5
.~ g t::];t2
:;:: w Zll. .
<( [;:: (]it-~
~ ~i5Vlt-
Cl => w<(
Vl <( -,~a::
:c u ~<(<(
t- u.!..g
Om
t')
.....
to
o
o
N
1"1
U) LL
t3~ ~
Z~--t;j
r_, ""'-"4 ~ ~
QZOUJ
~~3
U)~~
~O.o-l
~Qr:n
Z~
~O~
~UCob
~ -<t1
0~~
~ -<t1
~ Cob
(/)1
1\ I =l~~t'
II : I : ~; I
+-
......
...-
-+
tt
en
I{)
'"
'"
N'\
~ V
:::>
~
::E
0
0
Z
0
0
LL
0
Z
0
F
<(
IX
<(
.-J
0
W
0
W
~
0
l-
LL
0
W
0
<(
a...
:
rn
!=
rn
:J:
x
W
I
I
I
-1
I
I
I
-1
MA TCHlINE SEE SHEET 2
b.
~CL
QX~~~ .,iii
39~o~\ll5j~ffi
u...CD:2~ ~D-F!8:S
I. I , " I 1 I ',ltl~ tl
a~~~~um~ ~ go<
. ~m~~~CL~~~tl ~ ~ll;_
~ ~ ~~~~~~:~~
~ i ~ i'.i~~~1i~~l~
~ni; i;;~~~i;~;~!
.., ~ ~ Q.~~ ~h ~
~~~ CLfi} ~~ I ~~~1l.~~21:l
I I II!! d",,,, I I I~~.,a
t ui. d. 0 < .Icd .
.~OZ@S1 114::1'Z~1111
~~~8f~~~:~~~~~~~ij
j!! ~ f'! ~~~\'J
~ .... FFZ~
~ ~j!!:i!!l~ ~~~~ ~
15 FZ~<~ W....." ~
~ ~t5M gOJ2/:j ~
Ui~F~h r;:'~El'" oJ
~o~~...~!: l;;~~: ~
:;8i!5iS~ *B~~ ~
~<~O::E~z __z2 g
~~i~~a~ ~~~~ III
t~"'~~~~ ~~z:J~
z~z5~< ,,""U'I~
@~O",~8"oi!i;:iJj I
a ",ZUl 0",::1_
z8<9<~lJl~",~~m ~
IlllCA5A =>ou-,i5:l ~
!EFl""'I"15'" F<I15:;: C3
ffi~5~~"'FI5~~~i'j~a
5~~15~~~h$~i1~~
cil ll!t:~~ IIl13Rai!jffiz8if.~
W ~~~~~~>x~~~wwo
5 5i'i~" ~!/jel:::'F~~i5j!:t<i
z ~~N~ ~;EWF..,;;.;I515~
L 133HS 335 3NnHOl Vr4
:;!
~~
U-
rn
I'"l
W
w
m
u"
5:l
p...
<
r:t:
(!)
:;!
w
w
(/)
w
z
::J
::J:
~
<(
:::::E
z
o
I='
u~
~...J
.~::::
~~~
~mu
tL :)L..1
o:r
oU
ry
f.......
o
'-I
::
t.;;g
~ II
j3.I:i
o
~.e
II
>- ~
00:: 0
UJo~g
l:3lii~u. 0
g;F:!o",:
"'...Jiil~'"
0..::1 UJ
:::; -
Z
C
<(~
0'"
0'"
m:'I
. a:: I-N
U 0-'"
Z )-::I~
_ ~ Vl.W
. a::: 010
OC => <(~
~ ~~ I
W z~1"l
W <( a::r<)
:c -'<("'"
3: ll.~
10
[::<(
UJwQ
0:::::>0::
W....IO
W<(-'
zc.........
(]i I- .
ZUJZ
ww~
....13:<(
~<(Cl::
u 1<(
~u
00
~m
~~ ED
U ~ 'Z 8
Z~ZON
~Z~h
~~ u
cn~e-.O::
~o3~
~~~A
:z; u
~o~Ea
~U>~
~ ~-<t1
t2J~~a
~
~I
(/)
\~ ~~\~\~~,%>~'i')
__, (;0
N
N
t-
V)
=>
L?
::I
<(
o
W
0::
<(
E:i~cI1:l
0::
~ g
Z W
~ 5
~ =>
o <(
~ U
10
I-
LaJ
w
:I:
(/)
'v>
~
~
0
:::::E
::>
Z
~
0
0
~'Z 5
-w
F![3 ()
=>UJ l.L
. <( 0
<OuJ
Z
0
F
<(
~
~
()
W
Cl
W
~
~
15
w
c
<(
0-
.
CD
.
I-
iD
:c
X
LaJ
~i
.
a:ai
~u
tL
. .
~~
Co d ~
-C'\I<O
. C'\I .
C'.I ~, en
O~"OO
II II II
<JOC-l
c:o
f.......
o
'-I
c; 133H5 33S 3NIlH:ll V~
l.LI
l.LI
(/)
l.LI
Z
:J
:J:
~
<(
:::::E
m 133HS 335 3NnHOl V~
is ~ ~ U)
~ 1I1 i!i ~~ ~ to
~ i !!~ ~ ~~ U ~ ~~ g
~ _ ~~~ ~ ,ffi~ u ~ ~ ~ ~ N
li ~ d~g ~i~~ ~ ~ ""'-"4 -<t1 ~ ~
~ ;; I!!<", "'~ ~ < r_, ~ t-=1 c-,
8 ~ S~~ ~ ~ ~ ~ C:-! ~ G ~
~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~
~j~~~~~ ~~~~ ~ ""'-"4;s E-< 0... ::l
~!E~~~G'i~ g~!li~ fi! U) 0 0 ~ <(
:l!",Cl..,l:jtrlz "'B.... '" ~ ~ Q
~~~~@~~ ~~i~ ~ 0 0...
d~i~B~ ~~~~ I Z ~ ~
z~~~<~~ ~~g~ ~ r~, 0 ~ ~
Ill",@;!:@,,-~ i=21l1C1l < ~.,.."'\ >- t"'I
~~~bf~ ~:J~~ ~ E-4 '-' ~ ~
gi=~~l1i~< 15~!S~ 15.-4 ~ ~
rFiazQ~b ~!;~o c ~
ei ~~i~ ~Q.lJl~~~~~dlt 0 ~ (fJ Cob
F" z!!! ill :gIlPffiweJ~8~a .-4
o ~~ ,,~o~j!:j!:~.~~~ ~
Z ~~ol;;oi;;;Ea"'~vlFiil.; ~ I
U)
o
w
a::
'"
frj[;;~
~
ll. 0
Cl ...J
z LLI
~ 5
a:: =>
o <(
~ U
<~
oen
om
(1):;1
. a:::FN
() 0-0>
Z >-::l.!2.
- ~ ":tii
.0000Lll
~ =>"'......
~ Vl~ 1
LLI ~~I')
LLI <(~r<'l
;;I: --,,,,v
~ ll.:;J
10
1=<(
lIlwQ
~:::;;oc
W-IO
w<(-'
Zll......
(]i f- .
z(/)z
.....w~
-'~<(
~<(a::
UI<(
-u
00
~!Il
m
~
l.LI
l.LI
:J:
(/)
"I l!!!.
OlSC5~~ 51!
a9~~!~j ~8
l>-m2;cn ~n. 8:2:
I I I I , I I ' i:!~ I'l
d~>:cJlllcioig; ~ c<
i!'.,,,llIuO:i"~ij ~ !i11l5~
~ - a15 z llr<>~
~ ~ i ~i~i~~~I~
!~U~ h~~~s~~!i!
~~~*~ ~~~,,~~~~..x~
ort2a:C1fA <~ I eig~[l.i'!1e~~
,,~ l::I ~" "- tIl l:I t3111 ~
, · l l, L.c ~~o:: j '. I ',::JO:::
oi~~~~~ I I~~~~~I ~~I
cJ :Ii -< (,) (1...8. <I ..J 0..: a.. a::: Ulli:~ D: ID 5
~i
II 11 II II II
...J~<I...J<I
~
4
.
V,
co
W
w
~
~,.,
,,&
00
"ii:!
U
:::E
2
z
:i
0
c
z
0
(.)
I.L..
0
Z
0
" F
..~ <(
a::
~~ :5
o CJ' (.)
t:::- Q; . W
C
CJ Q..' l.LI
tr $1' j!:
~Q..C:l' ~
cS~' 51
0Q;' ~ I.L..
0~' " 0
u- :tl
Ul e-.o W
(iil[!) C)
t: II <
a...
i3.I:i
c> .
......9 CO
.
~
ffi
:E
X
w
8 133HS 335 3NnH~1 V~
~' .
h
-1
~l
<(
o
(J
<(
0:::
I-
;Z
J
L~ ~" I ~/
(V'HN ""1>1>
H ~ I I L1~
I I I I I 1./ I
~EfffffB ~
~ BAY S1m i;/
- ~
UJ
-J
~
CD,
I I l
INGRAHAM
I
SEAGA TE
TOWERS
f---
-
~
cr t--
a
~~i~
.~
~
g;;
C)
f--- TAMARIND RD.
j )
Yl
>- I
<(
3i:
0:::
UJ
I-
<(
3i:
SEAGA TE
MANOR
"""\
/' BUCIDA
- ~EB w
w (:)
a <(
Z (J)
,<( <(
.--- w w
-' (J)
o
--c-: MELALEUCA
, 1 I )
./
/'
~
f---
W
f--- ~
.(f)
r--- <(
W
(f)
~\
AZALEA
N
-
CITY OF DURAY BEACH, Fl
PLANNING &: ZONING DEPARTMENT
-- DIGITAL B4SE MAP SYSTEM --
'-
BAUHINIA
RD.
LANGER WAY
./
[.L
RClAD
RD.
u
-
I-
Z
<:(
-1
I l-
I <:(
I
"Y
RO} 1
/ CARISSA RD. /
of
ROAD
- <:(
0
~
)
UJ
I-
<:(
I-
U>I ,
/!:!
<(
c.:>
<(
w
(J)
f -<t'
z
<:(
L...J
U
o
SEAGA TE BEACH CLUB
MAP REF: LM696
~I I { I J 1<:( 1
INGRAHAM A N
f- r LEAN I~
-
-
- TERR.
SEAGA TE ~ ".~.., TCDD ~~
TOWERS Q: - I I
Cl
1=
>- I I I I I p
~81E!B ~ /
<(
3:
er f---
f---
W f--- ~ 'I
BAY ST EET
f--- f--- a
<( 0:::
3: f--- ~
lU
-J
~
LANGER WA Y 0
co z
- <(
- J.. W
--1
: ( "" ~l U
SEAGA TE CASUARINA 0
MANOR ~~I~
(/) '-
<(
0 u
u
/ -
<( /' BUCIDA RD. ~ f-
er -~rnW )J /
f--- Z
Z w <:> / <(
Cl <(
- z Vl j
-<( <( -.J
w w '1
-' (/) f-
a I
~ MELALEUCA RD, ~/ <(
1 1 ) J
/
"-< / CA.RISSA. f
- l RD,
I
- TAMARIND RD.
.J a
- <(
./ 0
/' Y! Q::
~
BAUHINIA ROAD
-
w
- 0 /:'!
<( <( UJ
- UJ 0
<( <( I-
w w
(/) (/)
<(
~ AZALEA RD, f-
~\ , I , (f) I I
N
-
SEAGATE RESIDENTS
CITY OF OELRA Y BEACH, FL
PLANNING '" ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LM898
%
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Richard C. Hasko, Environmental Services Director
FROM: Bob Diaz, Construction Manager
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF FEBRUARY 20,2007
CHANGE ORDER NO. l/FINAL (CONTRACT CLOSEOUT) IRK. MARINE
CONSTRUCTION. INC.
DATE: February 13, 2007
ITEM BEFORE THE COMMISSION
This item is before the Commission to approve Change Order No. 1/Final (Contract Closeout) in the net
deduct amount of (-$6,875.00) and final payment in the amount of $2,937.00 to B.K Marine Construction,
Inc. for completion of the City Marina & Veterans Park Dock Project.
BACKGROUND
The change order includes plus and minus quantity adjustments and liquidates the residual from
contingency allowances. All changes for Project #2006-030 are itemized on the attached Schedule "A".
The project is complete and all closeout documentation has been received. Residual funds to be liquidated
from Purchase Order #637167 to funding account 551-1575-591-45.50 (Insurance Fund Property Claims).
RECOMMENDATION
Staff recommends approval of Change Order No. 1/Pinal (Contract Closeout) in the net deduct amount
of (-$6,875.00) and final payment in the amount of $2,937.00 to B.K Marine Construction, Inc. for
completion of the City Marina & Veterans Park Dock Project.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep, Director of Construction, ESD
Robin Cox, Risk Management
Carolanne Kucmerowski, CMT
Agenda File 02120/07
File 2006-030 (E)
C:\Documents and SettingslsmithdlLocal SettingslTemporary Internet FilesIOLKD5E\BK Marine CO 1 Final Agd Mern GC 022007 (2).doc
g.~
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
1/ Final (Contract Closeout)
PROJECT NO. 2006-030
DATE:
City Marina & Veterans Park Docks
TO CONTRACTOR: B.K Marine Construction, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
mSTIFICATION:
Complete changes to project per the attached Schedule "An.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER -1.03%
TOTAL PER CENT DECREASE TO DATE -1.03 %
$ 36,245.00
.00
$ 36,245.00
($6,875.00)
$ 29,370.00
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
B.K Marine Construction, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEP ARTMENT INITIATING CHANGE ORDER
Reference account: 551-1575-591-45.50
DEP ARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdminlProjects\2006\2006.030\OFFIOALIBK Marine CO I Final GC 022007,doc
SCHEDULE "A"
TO CHANGE ORDER NO, 11 FINAL (CONTRACT CLOSEOUT)
Item No,
Description
Mobilization/Demobilization
Remove and replace deck boards as finger pier 3-4
3 Remove. Inspect and reinstall 3 dolphin piles@ $550,OOea L.S.
Remove and dispose 2 dolphin piles for slips 12~13 and replace, remove
10" pile and place dolphin pile at slip 21 marginal dock comer. 3 each @
4 $1.200,00 aach L.S.
5 Install 10 wood line holders abd white plastic cone caps $80,00 each S.F.
6 Tighten cleats. ladder and install cieat wllh backer board S.F,
Replace bolt and install bolt for east finger pier 3-4
Remove and replace dock fender at slip 12
9 Slip 12 pile spall repair
10 Concreta cap spall repair
11 Slip 21 marginal dock repair
12 Slip S2 marginal dock repair
13 Reinstall 2 dock boxes and fumlsh and install 1 doCk box
14 Place clean backfill near slips 17-18
14,1 Contingency Allowance
14,2 Indemnification
VETERANS PARK DOCKS
14,3 Mobilization/Demobilization
15 Repairs to marginal docks E,A.
Remove and replace 2 dolphin piles and install white plastic cone caps @
16 $1.200,00 each E,A.
17 Remove ell leased dock existing cleats @ $75,00 each E,A.
18 Contingency Allowance E,A.
19 Indemnification E,A.
TOTAL ORIGINAL CONTRACT AWARD
CHANGE ORDER NO. 11 FINAL
Quantities Adjustment (listed aboye)
City Marina and Veterans Park Docks
PROJECT NO. 2006-030
Unll
CONTRACT AWARD
EST, UNIT EXTENDED
QUANT, PRICE PRICE
1 $ 3.500,00 $ 3.500,00
1 $ 2,000,00 $ 2.000,00
1 $ 1.650,00 $ 1,650,00
1 $ 3,600,00 $ 3.600.00
1 $ 800,00 $ 800,00
1 $ 250,00 $ 250,00
1 $ 300.00 $ 300,00
1 $ 350.00 $ 350.00
1 $ 450,00 $ 450,00
1 $ 450,00 $ 450.00
1 $ 1.500,00 $ 1,500,00
1 $ 2.000,00 $ 2,000,00
1 $ 750,00 $ 750,00
1 $ 350,00 $ 350,00
1 $ 5.000,00 $ 5.000,00
1 $ 10,00 $ 10.00
1 $ 3.500,00 $ 3,500,00
1 $ 2.000,00 $ 2.000,00
1 $ 2,400,00 $ 2,400,00
1 $ 375,00 $ 375.00
1 $ 5.000,00 $ 5.000,00
1 $ 10.00 $ 10,00
$ 36,245.00
CONTRACT TO DATE
ACTUAL UNIT EXTENDED
QUANT, PRICE PRICE
1 $ 3,500,00 $3,500,00
1 $ 2,000,00 $2,000,00
1 $ 1.650,00 $1.650,00
1 $ 3,600,00 $3,600,00
1 $ 800,00 $800,00
1 $ 250,00 $250,00
1 $ 300,00 $300,00
1 $ 350 ,00 $350,00
1 $ 450 ,00 $450,00
1 $ 450 ,00 $450,00
1 $ 1.500,00 $1,500,00
1 $ 2,000,00 $2,000,00
1 $ 750,00 $750,00
1 $ 350,00 $350,00
1 $ 5.000,00 $375,00
1 $ 10,00 $10,00
1 $ 3,500,00 $ 3,500,00
1 $ 2,000,00 $2,000,00
1 $ 2,400,00 $2,400,00
1 $ 375,00 $375,00
1 $ 5,000,00 $2,750,00
1 $ 10,00 $10,00
$29,370.00
L,S,
L.S.
E,A.
E.A.
E,A.
E,A,
E,A,
EA
E,A.
E,A,
E,A,
E,A,
($6,875.00)
FINAL CONTRACT TO DATE
$
29,370,00 I
CONTRACT SUMMARY
ORIGINAL CONTRACT AMOUNT
PREVIOUSLY APPROVED CHANGES
FINAL CONTRACT TO DATE
$ 36,245.00
$0.00
$29,370.00
TOTAL CHANGE ORDER NO 1/ FINAL
($6,875.00}l
S:\EngAdmlnlProjects\2006\2006-o30IOFFICIALISchedule A BK Martne GC 022007,xls
February 13,2007
QUANTITIES
ADJ,(+f-)
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
($4,625,00
$0,00
$0,00
$0,00
$0,00
($2,250,00
$0,00
($6,875.00
Agenda Item No.: <6. H-
AGENDA REQUEST
DATE: February 13,2007
Request to be placed on:
--1l- Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: FEBRUARY 20. 2007 Commission Meeting
Description of item (who, what, where, how much):
Change Order No. 1/Final (Contract Closeout) in the net deduct amount o~ and final payment in
the amount of $2,937.00 to B.K. Marine Construction, Inc. for completion of the City Marina & Veterans Park
Project #2006-030.
The change order includes plus and minus quantity adjustments and liquidates the residual from contingency
allowances. All changes for Project #2006-030 are itemized on the attached Schedule "A". The project is
complete and all closeout documentation has been received. Residual funds to be liquidated from Purchase
Order #637167 to funding account 551-1575-591-45.50 (Insurance Fund Property Claims).
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation:
Change Order No. 1/Final (Contract Closeout) in the net deduct amount of (-$6,875.00) and final payment in
the amount of $2,937. 0 B.K. Marine Constru ion, Inc. for completion of the City Marina & Veterans Park.
Department Head
Signature:
Z 13- o'
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 ~
Funding alternatives N/A (if applicable)
Account No. & Description:
551-1575-591-45.50 (Insurance Fund Property Claims)
City Manager Review: 0i1
Approved for agenda: ~/NO
Hold Until: L7
!
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdminIProjects\2006\2006-030\OFFICIALIBK Marine CO 1 Final Agenda Req GC 022007,doc
MEMORANDUM
ok
~
FROM:
David T. Harden, City Manager (Jr/
Richard C. Hasko, Environmental Services Director \? ~
Carolanne Kucmerowski, Construction Management Technician~
TO:
THRU:
SUBJECT:
AGENDA ITEM - CITY COMMISSION MEETING OF FEBRUARY 20. 2007
CHANGE ORDER NO. l/FINAL (CONTRACT CLOSEOUT)/WELLING
CONSTRUCTION. INC.
DATE:
February 12, 2007
ITEM BEFORE THE COMMISSION
TIlls item is before the Commission to approve Change Order No. 1/Final (Contract Closeout) in the net
deduct amonnt of (-$6,186.80) and final payment in the amount of $16,744.80 to Welling Construction,
Inc. for completion of the La Hacienda Gardens Park Project.
BACKGROUND
The change order includes plus and minus quantity adjustments and liquidates the residual from
contingency allowances. All changes for Project #2005-005 are itemized on the attached Schedule "A".
The project is complete and all closeout documentation has been received. Residual funds to be liquidated
from Purchase Order #637659 to funding acconnt 334-4131-572-68.12 (General Construction Fnnd/
Neighborhood Park-LaHacienda).
RECOMMENDATION
Staff recommends approval of Change Order No. 1/Final (Contract Closeout) in the net deduct amonnt
of (-$6,186.80) and final payment in the amonnt of $16,744.80 to Welling Construction, Inc. for
completion of the La Hacienda Gardens Park Project.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Bob Diaz, Construction Manager
Agenda File 02/20/07
File 2005-005 (E)
S:\EngAdminlProjects\2005\2005-00510FFICIALIWelling co 1 Final Agd Mem GC 022007,doc
~.I
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
1/ Final (Contract Closeout)
La Hacienda Gardens Park
PROJECT NO. 2005-005
DATE:
TO CONTRACTOR: Welling Construction, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Complete changes to project per the attached Schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER -3.56%
TOTAL PERCENT DECREASE TO DATE -3.56 %
$173,634.75
.00
$173,634.75
($6,186.80)
$167,447.95
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.
Welling Construction, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account: 334-4131-572-68.12
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdminlProjects\2005\2005.005\OFFICIAL\WeJling La hacienda co 1 Final GC 022007,doc
SCHEDULE "A"
TO CHANGE ORDER NO. 1/ FINAL (CONTRACT CLOSEOUT)
LA HACIENDA GARDENS PARK
PROJECT NO. 2005-005
Item No. Description Unit
1 Mobilization L.S,
2 Maintenance of Traffic L.S,
3 Clearing and Grubbing L.S,
4 Site Excavating, Filling and Grading L.S,
5 Sidewalk Construction, 6" S.F,
6 Driveway Construction,6" S,F,
7 Alpina Zerumet Variegated Ginger E.A.
L;namaerops Humus t:uropean an
8 Palm 7- Gallon 36" E.A.
chrysobalanus Icaco Cocoplum 3-
9 Gallon 24" Ht. E.A.
Galphma Gracillis Thryallis 3- gallon
10 24" Ht, 30" O.c, E,A,
Hibiscus "Kona Pink" Hibiscus 3-
11 Gallon, 24" Ht, 24" o,co, E.A.
Jacaranda Mivosifolia Jacaranda 16'
12 Ht, 8' Spd, 5" Cal E,A,
Lagerstroema Indica Pink Crape
13 Murtle 8' Ht., 4' Spd E,A,
Lagerstroema -S-peclosa Queen s
14 Crape Murtle 10' Ht., 5' Spd E.A,
Purple Trailing 1-Gallon, 8" Ht., 24'
15 o.c, E.A.
Morea lridiodes White African Iris 3-
16 Gallon 18" Ht. E,A.
Philodendron Xanadu Xanadu 3-
17 Gallon, 18" Ht E.A.
18 Relocate Existing Alexander Palms E.A.
Quercus Virginana Live Oak 16' Ht,
19 8' Spd, 5" Ca E,A,
Purple Showers' 3-Gallon, 24" Ht, 30"
20 o,co, E.A.
::;imarouba Glauca Paradise Tree 12'
21 Ht.,6'Spd E.A.
Stachytarpheta Blue Porter Weed 3-
22 Gallon, 30" Ht., 36" Spd E,A.
Thurnbergia Erecta Kings Mantle 3-
23 Gallon, 24" Ht E.A.
Stenotaphrum Secundatum St.
24 Augustine Floratam S,F,
25 Flori-Mulch, 3" Depth C,Y
26 Install Park Signage L.S.
Fencing PVC 4' White Spaced
27 Picket L.F,
Fence Gates PVC 4' White Spaced
28 Picket E.A.
Recycled PVC Playworld System
29 CAT # ZZXX1406 including 6-inch E.A.
Furnish and Install Tot Lot
30 Equipment - Custom Play Structure L.S,
CONTRACT AWARD
EST. UNIT EXTENDED
QUANT. PRICE PRICE
1 $ 42,000,00 $ 42,000.00
1 $ 3,500,00 $ 3,500,00
1 $ 6,500,00 $ 6,500,00
1 $ 8,500,00 $ 8,500,00
1450 $ 5,00 $ 7,250,00
400 $ 5,00 $ 2,000,00
7 $ 16,50 $ 115.50
6 $ 72,00 $ 432,00
33 $ 9,50 $ 313,50
36 $ 9,75 $ 351,00
15 $ 11,00 $ 165,00
1 $ 356,50 $ 356,50
2 $ 256,50 $ 513.00
1 $ 321,50 $ 321,50
9 $ 5,00 $ 45,00
53 $ 10,00 $ 530,00
8 $ 14,50 $ 116,00
2 $ 750.00 $ 1,500.00
1 $ 586,50 $ 586,50
61 $ 10.25 $ 625.25
1 $ 291,50 $ 291,50
10 $ 10,50 $ 105,00
9 $ 10,50 $ 94,50
5000 $ 0,25 $ 1,250,00
25 $ 35,00 $ 875.00
1 $ 2,500,00 $ 2,500,00
120 $ 27.50 $ 3,300.00
2 $ 435,00 $ 870,00
1 $ 1,169,00 $ 1,169,00
1 $ 12,200,00 $ 12,200,00
CONTRACT TO DATE
ACTUAL UNIT EXTENDED
QUANT. PRICE PRICE
1 $ 42,000,00 $42,000.00
1 $ 3,500,00 $3,500,00
1 $ 6,500.00 $6,500,00
1 $ 8,500,00 $8,500,00
1,595 $ 5,00 $7,975.00
0 $ 5,00 $0,00
7 $ 16,50 $115,50
6 $ 72,00 $432,00
33 $ 9,50 $313,50
36 $ 9.75 $351,00
15 $ 11,00 $165,00
1 $ 356,50 $356,50
2 $ 256,50 $513,00
1 $ 321.50 $321,50
9 $ 5,00 $45,00
67 $ 10,00 $670,00
8 $ 14,50 $116,00
0 $ 750,00 $0,00
1 $ 586,50 $586.50
61 $ 10,25 $625,25
1 $ 291,50 $291.50
10 $ 10,50 $105,00
11 $ 10,50 $115,50
5,000 $ 0,25 $1,250,00
25 $ 35,00 $875.00
0 $ 2,500,00 $0,00
120 $ 27,50 $3,300.00
2 $ 435,00 $870,00
1 $ 1,169.00 $1,169,00
1 $ 12,200,00 $12,200,00
QUANTITIES
ADJ. ( + I . )
$0.00
$0,00
$0.00
$0,00
$725.00
($2,000,00)
$0.00
$0,00
$0,00
$0,00
$0.00
$0,00
$0,00
$0,00
$0,00
$140,00
$0.00
($1,500.00)
$0,00
$0.00
$0,00
$0,00
$21,00
$0.00
$0.00
($2,500.00
$0,00
$0,00
$0,00
$0,00
SCHEDULE "A"
TO CHANGE ORDER NO. 1/ FINAL (CONTRACT CLOSEOUT)
Item No. Description Unit
Recycled Plastic Interlocking Border
31 Timbers L.F,
Playworld Systems Cat. #ZZXX1540,
32 Ground Mounted EA
Plastic Playworld Systems Cat. #
33 ZZXX8020 EA
Fiber Mulch 12" Thick with Filter
34 Fabric C,Y
35 Concrete Slab S,F,
Conduits, Sprinkler Heads, and
36 Fixtures L.S,
Site Lighting Including: All Lights,
37 Cabinets, and electrical facilities L.S,
38 Video Allowance L.S,
39 Utility Allowance L.S,
40 Indemnification L.S,
TOTAL ORIGINAL CONTRACT AWARD
CHANGE ORDER NO. 1/ FINAL
Quantities Adjustment (listed above)
LA HACIENDA GARDENS PARK
PROJECT NO. 2005-005
CONTRACT AWARD
EST. UNIT EXTENDED
QUANT. PRICE PRICE
104 $ 18,00 $ 1,872,00
2 $ 799,00 $ 1,598,00
1 $ 818,00 $ 818,00
25 $ 87.44 $ 2,186,00
50 $ 5,00 $ 250,00
1 $ 10,500.00 $ 10,500.00
1 $ 51,775.00 $ 51,775,00
1 $ 1,250,00 $ 1,250,00
1 $ 5,000,00 $ 5,000,00
1 $ 10,00 $ 10,00
$ 173,634.75
($6,186.80)
I FINAL CONTRACT TO DATE
$
167,447.951
CONTRACT SUMMARY
ORIGINAL CONTRACT AMOUNT
PREVIOUSLY APPROVED CHANGES
FINAL CONTRACT TO DATE
$ 173,634.75
$0.00
$167,447.95
($6,186.80) I
I TOTAL CHANGE ORDER NO 1/ FINAL
CONTRACT TO DATE
ACTUAL UNIT EXTENDED
QUANT. PRICE PRICE
104 $ 18,00 $1,872.00
2 $ 799.00 $1,598.00
1 $ 818,00 $818,00
30 $ 87,44 $2,623,20
295 $ 5,00 $1,475,00
1 $ 10,500.00 $10,500,00
1 $ 51,775.00 $51,775,00
0 $ 1,250.00 $0,00
1 $ 5,000,00 $3,515,00
1 $ 10,00 $10,00
$167,447.95
QUANTITIES
ADJ. ( + 1- )
$0,00
$0,00
$0,00
$437.20
$1,225,00
$0,00
$0.00
($1,250.00)
($1,485.00)
$0.00
($6.186.80)
Agenda Item No.: cz. X
AGENDA REQUEST
DATE: February 12, 2007
Request to be placed on:
~ Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: FEBRUARY 20. 2007 Commission Meeting
Description of item (who, what, where, how much):
Change Order No. 1/Final (Contract Closeout) in the net deduct amount 0(~6, 186.80))and final payment in
the amount of $16,744.80 to Welling Construction, Inc. for completion of tl'i-ei::.a-HScienda Gardens Park
Project #2005-005.
The change order includes plus and minus quantity adjustments and liquidates the residual from contingency
allowances. All changes for Project #2005-005 are itemized on the attached Schedule "A". The project is
complete and all closeout documentation has been received. Residual funds to be liquidated from Purchase
Order #637659 to funding account 334-4131-572-68.12 (General Construction Fund/Neighborhood Park-
LaHacienda).
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation:
Staff recommends approval of Change Order No. 1/Final (Contract Closeout) in the net deduct amount of
(-$6,186.80) and final payment in the amount of $16,744.80 to Welling Construction, Inc. for completion of the
La Hacienda Gardens Park Project.
Department Head () ~ / ~
Signature: ~. ~ "Z-!3-()7
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 ~
Funding alternatives N/A (if applicable)
Account No. & Description:
334-4131-572-68.12 (General Construction Fund/Neiahborhood Parks-LaHacienda
City Manager Review: D.
Approved for agenda: C)l-=>/NO .rl1/\
Hold Until: fir \
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:lEngAdminlProjects\2005\2005-005\OFFICIAL\Welling co 1 Final Agenda Req GC 022007,doc
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGERCJ)~
AGENDA ITEM # ct.J- REGULAR MEETING OF FEBRUARY 20.2007
CHANGE ORDER NO. 3/DURACLEAN DIBI A THE PRINCIPLE. LLC
TO:
SUBJECT:
DATE:
FEBRUARY 16,2007
This is before Commission to approve Change Order No. 3 in the amount of $36,600.25 to
Duraclean d/b/a The Principle Group, LLC for additional water damage and microbial remediation
at the Municipal Golf Course Clubhouse.
Funding is available from 551-1575-591-45.50 (Business Fund Insurance/Property Claims).
Recommend approval of Change Order No.3 in the amount of $36,600.25 to Duraclean d/b/a The
Principle Group, LLC for additional water damage and microbial remediation at the Municipal Golf
Course Clubhouse.
S:\City Clerk\AGENDA COVER MEMOS\Contract Addition\CO 3 Duraclean dba The Principle Group LLC 02,20,06.doc
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.delrayesd.com
SUBJECT:
David Harden, City Manager ~
BOB DIAZ, CONSTRUCTION MANAGER-Jf=-
WATER DAMAGE & MICROBIAL REMEDIATION
Golf Course Club House (pIN 2006-040)
TO:
FROM:
DATE:
FEBRUARY 13, 2007
Attached is an Agenda Request for City Commission to approve Change Order No.3 to Contract
for Duraclean d/b/a The Principle Group LLC, in the amount of $36,600.25 dollars. During the
water and mold remediation process, additional contaminated areas not identified on the plans
were found and decontaminated.
The cost for the additional remediation, a square foot dollar amount agreed to at contract time,
becomes a net increase to purchase order number 637433 by $36,600.25. Schedule "A" Attached
hereto for reference includes specific details regarding the various locations.
Contract Change Order No.3 attached for your review and approval.
Funding is proposed from account # 551-1575-591-45.50 ($36,600.25) Insurance Fund Property
Claims.
cc: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero, Deputy Director of Construction
Jim Schmitz; Deputy Director Public Works
Carolanne Kucmerowski, CMT
Chevelle Nubin, City Clerks Office
Robin Cox; Risk Management
Agenda File 2/20/07
File 2006-040(A)
S:\EngAdrnin\Projects\2006\2006-040\OFFICIAL\Duraclean CO#3- MEMO 2,13,07.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
3
PROJECT NO. 2006-040
DATE:
Delray Beach Golf & Country Club
TO CONTRACTOR: Duraclean d/b/a The Principle Group LLC
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.
mSTIFICATION:
Complete changes to project per the attached schedule "An (Duraclean Proposal)
Contract time with respects to Change Order NO.3 under the above contract will remain the same as per the fully
executed Notice to Proceed.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 72.79 %
TOTAL PER CENT INCREASE TO DATE 126.51 %
$ 50,281.00
$ 27.010.78
$ 77,291.78
$ 36.600.25
$113,892.03
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.
Duraclean d/b/a The Principle Group LLC
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is proposed from account: 551-1575-591-45.50 $36,600.25
DEPARTMENT
FUNDING
CERTIFIED BY
RECOMMEND:
By:
Environmental Services
City Manager
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
Schedule" A"
.............:.....:
" ," '. ' - '.... .
, . ;.:
:7: ..' .J,"' ': <;', ,,':;;':.
i' ,'.' '!; , . " '>.:~ .
~.:.....: :.'..:.....,.. ... ...:.... ........,'...............> ..., ..:..,........,.......
" ". " ,",,' ..... .
. ",..'..
", - .'
" ' . '",~
Duraclean Restoration and Remediation CGC 1504259
3725 Investmmt Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
06-04302
Room: Ertra - Remediation
DESCRIPTION QN1Y Rl!MOVE RIlPLACE TOTAL
Overtime up charge for hours required to 85.25 HR 0.00 23.00 1,960.75
cOIqllete original and expanded scope in
baIlroom and grill when not allowed to worlc
nonnal business hours. 30 hours 10 Jan,
30.25 hours 11 Jan, 25 hours 13 Jan
Additional 105 square feet of ceiling reIlDval 105.00 SF 0.00 20.00 2,100.00
in baIlroomand grill beyond 75 square feet
in original scope on 10 Jan 07 in original
scope ($20 per square foot is contract rate
and includes reconstruction)
Additional 422 square feet ofwall 422.00 SF 0.00 20.00 8,440.00
remediated above windows in baIlroom and
grill on 10 Jan 07 in originalscope ($20 per
square foot is contract rate and includes
reconstruction)
Additional 96 square feet ofwall reIlDval in 96.00 SF 0.00 20.00 1,920.00
Luis Suggs' room beyond drywall adjacent
to the exterior doors and beneath the eastern
window on 15 Jan 07 in the originaf scope
($20 per square foot is contract rate and
includes reconstmction)
Allowed to work during nonnal hours to 1.00 FA Info only
reIlDveadditional96 square feet in Louis
Suggs'roomon 15 Jan 07. No overtiIre
up charge
Additiona168 square feet in dining room, 141 317.00 SF 0.00 20.00 6,340.00
square feet in bar closet, 74 square feet in
mm's restroom and 34 square feet in ladies
locker room of wall retOOval on 16 and 17 Jan
07 ($20 per square foot is contract rate and
includes reconstruction)
Overtim: upcharge for hours required to 77.00HR 0.00 23.00 1,771.00
complete additional reIrediation in bar
closet, dining room, Iren's restroom, ladies
lackerroomand Louis Suggs' room on 16,17
and 18 Jan 07
06-04302
02105/2007 Page: 2
.
Duraclean Restoration and Remediation CGC 1504259
3725 Investm::nt Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
CONTINUID - Extra - Remeciation
nm)CRIPTION
QN1Y
REMOVE
REPLACE
TOTAL
OvertiIre upcharge for hours required to
corrplete rem::diationin m::n's locker room
on 18 Jan 07 (scope did not increase)
Allowed to work during nonnal hours to
rermve drywall in m::n's locker room
Rem::diation did not exceed original scope.
No overtiIre upcharge or additional rermval.
71.50 HR
0.00
23.00
1,644.50
1.00 EA
Info only
Room Totals: &tra - Rem::diation
24,176.25
Room: Extra - Reconstruct
nm)CRIPTION
QN1Y
REMOVE
REPLACE
TOTAL
OvertiIre upcharge for hours required to
complete reconstruction at G>IfCourse
(does not include wall paper or trim)
Additional labor to rermve glue from
non-rem::diated walls in dining room and
Louis Suggs' room on 16 and 17 Jan 07.
(Walls not sized prior to paper installation)
332.00 HR
0.00
32.50
10,790.00
43.00 HR
0.00
38.00
1,634.00
Room Totals: &tra - Reconstruct
12,424.00
Line Item Totals: 06-04302
36,600.25
06-04302
W05/2007 Page: 3
tit
Duraclean Restoration and Remediation CGC 1504259
3725 Investment Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
Grand Total Areas:
0.00 SF Walls 0.00 SF Ceiling 0.00 SF Walls & Ceiling
0.00 SF Floor 0.00 SYFlooring 0.00 IF Floor Pe~ter
0.00 SF Long Wall 0.00 SF Short Wall 0.00 IF Ceil. Pe~ter
0.00 Floor Area 0.00 Total Area 0.00 Interior Wall Area
0.00 Exterior Wall Area 0.00 Exterior PeriIreter of
Walls
0.00 Surface Area 0.00 NurrberofSquares 0.00 Total PeriIreter Length
0.00 Total Ridge Length 0.00 Total Hip Length 0.00 Area of Face 1
06-04302
0'lJ05/2007 Page: 4
.
Line Item Total
Grand Total
0fr04302
Duraclean Restoration and Remediation CGC 1504259
3725 Investtrent Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
Summary for Mold Remediation
Michael Parnell
36,600.25
36,600.25
02/05/2007 Page: 5
Agenda Item NO.~
AGENDA REQUEST
Date: 13 Feb 2007
Request to be placed on:
x
Regular Agenda
Special Agenda
Workshop Agenda
When: 20 Feb 2007
Description of item (who, what, where, how much): Commission approval/authorization for
Mayor to execute Change Order No.3 to Contract with Duraclean, Inc.
The cost for the additional remediation, a square foot dollar amount agreed to at contract time,
becomes a net increase to purchase order number 637433 by $36,600.25. Schedule "A"
Attached hereto for reference includes specific details regarding the various locations and
factors in the net total less the contract contingency allowance.
Funding is proposed as follows: Account # 551-1575-591-45.50 for the amount of $36,600.25
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff reco
2 1,3-0
Department head signature
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (~d on all items involving expenditure of funds):
Funding availabl~NO ~~
Funding alternatives _ (if ~~pli98ble)
Account No. & Description 55:1- /5"'7<;'- )91 '1' J-j U f~~ (~j,U I'h :)
Account Balance $
City Manager Review:
Approved for agenda:
Hold Until:
~L1
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Richard Hasko; Director of ESD
Randal Krejcarek: City Engineer
Rafael Ballestero. Deputy Director of Construction
Jim Schmitz: Deputy Director Public Works
Chevelle Nubin, City Clerks Office
Robin Cox; Risk Management
Agenda File 2/20/07
File 2006-040(A)
S:\EngAdmin\Projects\2006\2006-040\OFFICIAL\Duraclean C0#3- Agenda 2.13.07,doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # - REGULAR MEETING OF FEBRUARY 20 2007
SUPPLEMENT NO. 2/SERVICE AUTHORIZATION NO. 2/CH2M HILL.
INC.
TO:
SUBJECT:
DATE:
FEBRUARY 16,2007
This is before the City Commission to approve Supplement No.2 to Service Authorization No.2 in
the amount of $27,300.00 to CH2M Hill, Inc. for limited construction administration services
regarding the Pompey Park Building Improvements.
Funding is available from 380-4150-572-62.61 (2004 G.O. Bond/Pompey Park Building
Improvements).
Staff recommends approval of Supplement No.2 to Service Authorization No.2 in the amount of
$27,300.00 to CH2M Hill, Inc. for limited construction administration services regarding the Pompey
Park Building Improvements.
.
S:\City C1erk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Service Authorization Agenda Memos\Suppl No, 2 ServiceAuth,#2 CH2M HilIlnc 02,20,07,doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
DATE:
David T. Harden, City Manager
Bob Diaz, Construction Manage~
February 13, 2007
TO:
FROM:
SUBJECT: Pompey Park Building Improvements,
Project #2004-052
Commission Agenda Item
Attached is an Agenda Request for City Commission to approve Service Authorization
Supplement No.2 with CH2M Hill, Inc. in the amount of $ 27,300.00 dollars for limited
construction administration services regarding the Pompey Park Building Improvements.
Upon approval CH2M Hill will assist with construction administration (CA) services
including shop drawing review, site observations, punch list development and clarifications
regarding any contractor requests for information (RFI's). Agreement attached hereto as
Schedule "A" for your reference.
Funding is proposed from account # 380-4150-572-62.61.
Please place this service authorization on the February 20,2007 Commission agenda.
CC: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero, Deputy Director of Construction
Carolanne Kucmerowski, CMT
Chevelle Nubin, City Clerks Office
Agenda File 2/20/07
File 2004-052(A)
S:IEngAdminIProjectsI200412004-05210FFICIALISA No Rev 2.13.07 agenda memo. doc
Schedule" A"
Supplement No.2 to Service Authorization No.
2 to the Agreement to Furnish Professional
Services Dated 'May 18, 2004, Between the City
of Delray Beach, Florida and CH2M Hill, Inc.
b~lJ3<r
City Project Number 2004-052
/lce AJ(). S 80 -Lf I S~- 57;;' - 6;2.61
City P.O. Number:
Title: Pompey Park Building Improvements
Category of Work:
Construction Administration. (Parks and Recreation)
General
This SUPPLEMENT No.2 to SERVICE AU1HORIZATION (SA) No.2 shall modify the
professional services agreement referenced above and shall become part of that
AGREEMENT as if written therein full. Changes in the indicated Scope of Services will be
subject to renegotiation and implemented through an Amendment to this agreement.
Introduction
Design renovations to the CITY's Pompey Park were completed by CH2M HILL in May
2006 and were advertised for bid on August 24th, 2006. Unfortunately, no bids were
received and the thus the CITY had to pursue other options, including requesting bids from
existing CITY General Contractors. The CITY has since been successful in negotiating an
agreement with Randolph & Dewdney Construction, Inc. for the renovations. CH2M HILL
has been asked to assist with limited construction administration (CA) services including
shop drawing review, site observations, including substantial walkthrough and punch list
development, and clarifications to requests for information (RFI's) from the Contractor.
Below in this Scope of Services that describes the CA assistance requested by the CITY.
Scope of Services
This scope of services will be considered a second Supplement to SA No.2, and shall revise
the original Task 5 - Construction Services included in Supplement No.1 to SA No.2.
Task 5A - Construction Services
Task 5A.1 - Meetings
To support the CITY, CH2M HILL shall participate in the following meetings:
POMPEY _SCOPU-2Q.05_RSP
. Attend a Pre-construction meeting with representatives of the CITY and CONTRACTOR
and subcontractors. Prepare a meeting summary and distribute to the CITY for
subsequent distribution to the CONTRACTOR and their subcontractors. The meeting
shall be hosted and arranged by the CITY.
. Attend up to six (6) construction status meeting with the CONTRACTOR and the CITY.
It is understood that CH2M HILL representative may be required to answer questions
relative to the construction documents and assist with the resolution of construction-
related issues. Before the monthly construction status meetings, CH2M HILL will
conduct a review of the construction with the CITY and report on any outstanding
issues at the construction status meetings. It is understood that the CH2M HILL will not
comment on construction means and methods.
These seven (7) meetings shall replace and append the five (5) meetings outlined in Task 5
of Supplement No.1 to SA No.2.
Task 5A.2 - Reviews and Observations
Review and provide input to the CITY on:
. CONTRACTOR schedules submitted prior to construction and submitted with monthly
payment applications,
. CONTRACTOR's Requests for Information.(RFI)
. Work Change Directives (WCD's) with respect to work quality and intent of the
construction documents.
. Change Order requests that may arise from the CONTRACTOR or the CITY.
. Record Drawings provided by the Surveyor under agreement with the CONTRACTOR.
Assist the CITY with the final inspection and identification of the punch list of uncompleted
work or work that may be unacceptable. This will include a brief explanation of the
problem and correction action required.
Review of shop drawing and product submittals as Architects of Record is included under
Task 5 of the previous Supplement No.1 to SA.2
Task 5A.3 - Other Related Services
As part of the construction phase of this project, there may be other meetings or field visits
requested by the CITY that are not addressed in the above tasks and thus are covered in
Task 3. Services may include:
. CH2M HILL staff may be called on to attend unscheduled meeting(s) to help review
change in field conditions that require a change to the construction documents, such as a
change order or a work directive.
POMPEY _SCOPE_1-20-05_RSP
2
. CH2M HILL will be made available to attend CITY's Commission meeting(s), if
required.
Schedule
CH2M HILL will commence work on the Scope of Services described herein upon receipt of
a fully executed copy of this Consulting SA from the CITY, which will serve as the notice to
proceed. The following summarizes the proposed schedule.
Task Estimated Time of Completion 1
Start Finish
Task 5A.1 - Meetings February 2007 August 2007
Task 5A.2 - Reviews and March 2007 September 2007
Observations
Task 5A,3 - Additional Services As Needed
1 Assumes a written authorization and notice to proceed in February 2007.
Assumptions
This scope of services was based on the following assumptions:
. It is understood that the CITY will be responsible for the principal construction
management and daily inspection of the construction and will provide a project
manager and full time employee inspector who is knowledgeable in utilities and
infrastructure improvements. The CITY will provide an employee inspector who shall
report directly to the CITY's Project Manager.
. The CITY shall receive all correspondence and all submittals will be thru the CITY's
Project Manager.
. The CITY shall schedule the monthly construction status meetings and will conduct the
meetings.
. The CITY shall pay all applicable fees and CONSULTANT will have no costs to pay on
behalf of the CITY or on behalf of the CONTRACTOR.
. The CONTRACTOR will pay those costs and fees that he is obligated to pay under the
terms and conditions of the agreement between the CITY and CONTRACTOR.
. Currently the schedule for completion of the project is 6 months, however, due to
planned events at the park or unforeseen conditions, this time may need to be extended.
Depending on the level of effort of support from CH2M HILL required during
construction, additional scope of work and fee may need to be included beyond the not
to exceed (NTE) fee of this SA Supplement.
POMPEY _SCOPE_1-20-05_RSP
3
Compensation to CH2M HILL
Originally Construction Administration support was authorized by the CITY under
Supplement No.1 to SA No.1, thus this Supplement No.2 will amend Task 5 -
Construction Services. Compensation for the additional professional consulting engineering
services as described herein shall be compensated on a labor and expenses basis with a not
to exceed fee of $27,300, in accordance with Article VILA.2 of the AGREEMENT and based
on the assumptions above. Exhibit A attached presents a breakdown of the estimated labor
and expense charges per the AGREEMENT.
POMPEY _SCOPE_1-20-05_RSP
4
This SA is approved contingent upon CITY acceptance of and satisfaction with the
completion of the services rendered in the previous phase or as encompassed by the
previous SA. If the CITY in its sole discretion is unsatisfied with the services provided in the
previous phase or SA, the CITY may terminate the contract without incurring any further
liability. CH2M HILL may not commence work on any SA 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:
Mayor Jeff Perlman
Attest:
Approved as to Legal Sufficiency and Form
POMPEY _SCOPE_1-20-05_RSP
CH2M HILL, INC. (Corporate Seal)
Wendy Nero. (date)
Vice President and Area Office Manager
Witness
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was
acknowledged before me this 29th day of
December, 2005, by Wendy Nero, Manager,
CH2M HILL, Inc., a Florida corporation, on
behalf of the corporation. He is personally
known to me and (did/ did not) take an oath.
Dorothy Gumm
Notary Public
State of Florida
(Seal)
5
C
NO
.-
. ...,
o CJ
Z:1
a-
C...,
o fn
._ C
..., 0
:So
.i: fn 1::
0"" 0
.t: C ""
...,(1)-
:1 E Q.
<c (I) UJ:1
..... (I) >
...... CJ 0 C
.- a- 0
~ c.._
(l)E1G
UJ - a-
t>>""
o C .~
...,.- C
N " .-
. = E
0:1"
zm<c
...,~
C a-
(I) CU
Ef1.
(I) ~
-(I)
Q.c.
g-E
UJO
f1.
~
.a
.-
.c
><
W
- 0 0 0 0 T'" 00 00 0 0 0 0 0 0 "<t C\l 0 0 0 00 0 0 0 co 0
Ul ~ 0 ~ ~ 00 N co ~ ~ ~ ~ ~ ~ T'" 0) ~ ~ 0 "<t It) ~ ..... 0 0
0 "<to T'" 00 ......0 ...... ~ co "<t N ..... "It C")
"~ iii c5 ai N ~ ~ ~ ~
0 - T'" T'" It) ..... ......
~ 0 ~ T'" ~ ~ ~ C\l - C\l
a.. I- ~ - -
0 00 0 0 0 N 0 0 0 0 0 0 0 00 co
- Ul 00 0) N "<t "It
III ~ C\l
- j
0 0
I- ::E:
Ul
~ "<t 00 N "<t co
j N T'" T'" "It 0 0 0 "It
0 C") 0 0 0 0 0
::E: co ..... ..... C\l 0
~ ~ CD - ,...
0 - -
,g ~ ~
III
..J co N N "<t
'1::J 0 ('I') ...... ..... N .... 0 00 0 0 co 0)
Gl Z C\l 0) It) "<t It) ..... It) "It
- CD N N N ..... co ~
III ~ < "It ~ -
E Ul It)
It) .... ....
;l III - -
Ul I- ~ ~ ~
W "<t co 00 "<t 00
T'" ,... 0 0 0 ,...
.... 0) It) 0 It) "It
C") N T'" C") ,...
< "It - "It
It) - -
~ ~
"~ ''C 0 0 0 0) co ('I') .... co N 0) 0 0 ..... It)
.r::: 0 0 0 ('I') N 00 "<t L() ~ I'-: co co ~ It)
I:::::' Lri Lri Lri r--: r--: to c:ci to ...... It) c:ci to co to
.! ...... ...... co "<t N 0 00 ...... co 0) ...... co It) It)
iii III ..... ..... T'" ..... T'" .....
a:: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
III Q: III III
- - -
0 0 0
- j - I-
,g ..>(. ,g
j ... j -
tn -- tI:l tn 0
Ul () :2: "~
~ Gl Ul
~ 0 Ul ~ rn '#. Gl ~
,g c a.. Ul a..
0 III ~ C 0> 0 C
CI ~ 0> ..J "~ "0 T'" ~
Gl > >C "1ij Ul
- ." 1:: W e Gl
III 16 .5! '5 >C
(.) ... 8 Cl "0 W
~ "(3 Gl ,~ ~ :J
C :g en
~ -~ 0> 0> C3
~ tI:l Ul :J III 0 ~ c
c 16 > .~ '6
en 0> en 1:: Ul :::::
0 tI:l C Q ro ~ c tI:l
a. :2: 16 ~ 0 ... 16 0 j en C I
- - ~ tI:l ~
~ 0 "1ij 0> 0> 0 C ,g en I ~
E t5 .2 Ul .~ c::: "2 0> 1:: E c 0> ~
W "(3 "!g tI:l ~ 16 Ul ~ "2 c "0 ~ 0
.r::: c "0 .r::: 0> en "ij) - 0 -- t5
c e 0 tI:l e c Ul Qj 0 9 tI:l ~ C Qj
"C 0> :2: 0 0> 0> ... 16 a:: 1:: tI:l "~ > e
u: :J
a.. ~ a.. I- a.. "1ij Cl I- 0> 0> 0 en 8 g :J ~ e -
t5 .~ c::: "0 C
... ~ ... ... l/) ~ ... ~ .2 w I- 0
0 .(3 0 0 "~ 0 ~ 0 0 0 0> l/) :g 0 .5!
"2 "2 "2 "2 "2 "2 '2 "0 ..c u c Q. "0 0 0
c e e l/) Qj 0 IE e "0 l/) Qj '5 ~
0> .C 0> 0> 0> 0> 0> 0> 0> 0> 0 0> 0 :J
en a.. en en a.. en a.. en en en Cl u: I- 0 I- .-J c::: a.. u: <( en
l/)
x
iii
0>
o
"~
0>
en
<(
()
..>(.
...
tI:l
a..
>-
0>
0-
E
o
a..
...
.g
<(
-
C
0>
E
..c
o
~
al
U.
Cl
Date:
February 13. 2007
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
~Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
February 20.2007
Description of Agenda Item (who, what, where, how much):
Attached is an Agenda Request for City Commission to approve Service Authorization
Supplement No.2 with CH2M Hill, Inc. in the amount of $ 27,300.00 for limited construction
administration services regarding the Pompey Park Building improvements.
The cost of this service authorization is $27,300.00. Funding is proposed from account
# 380-4150-572-62.61.
Recommendation: Staff recomm~ ~
Department Head Signature: L .
~-/~- '\) 7
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: 9NO Initials: J..e:1 Yes
Account Number
380-4150-572-62.61
Description
Pompev Park Building Improvement
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: ,&1 No lnitiala: oY'1
Hold Until:
Agenda Coordinator Review:
Received:
S: \ EnQAdmin \ Projects \ 2004 \ 2004-052 \ OFFICIAL \ SA No Rev 2.13. 07.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER \.fJ!-.
AGENDA ITEM # CO. L. REGULAR MEETING OF FEBRUARY 20,2007
BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENT
PROJECT /CHAZ EOUIPMENT COMPANY
SUBJECT:
DATE:
FEBRUARY 16, 2007
lbis is before Commission to consider approval of a construction contract in the amount of
$415,957.00 with Chaz Equipment Company, the lowest responsive bidder for the construction of the
Block 64 Drainage and Water Main Improvements Project.
Funding is available from 442-5178-536-65.33 (Water/Sewer Renewal and Replacement Fund/Block
64 Improvements) and 448-5461-538-65.33 (Stormwater Utility Fund/Block 64 Improvements).
Recommend approval of a construction contract in the amount of $415,957.00 with Chaz Equipment
Company for the construction of the Block 64 Drainage and Water Main Improvements Project.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Block 64 Drainage and Water Main Impnnts 0220,07,doc
'"
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
www.MyDelrayBeach.com
TO: David T. Harden, City Manager
FROM:
William A. Grieve. P.E.. Assistant City Engineer vJ(}.b.
February 14, 2007
DATE:
SUBJECT: Block 64 Drainage and Water Main improvements
Project # 2005-014
Commission Agenda Item
The attached agenda item is for Commission recommendation for the Mayor to execute a
construction contract for the Block 64 Drainage and Water Main improvements.
Bids for this project were opened on Tuesday, December 19, 2007. Seven bids were
received, and the lowest responsive bidder was Chaz Equipment Company, Inc., with a
bid amount of $415,957.90.
The apparent low bidder was IICON Contractors Corp. with a bid in the amount of
$328,240.32; the apparent second bidder was Enco. LLC with a bid in the amount of
$358,412.08, and the apparent third bidder was Almazan Brothers, Inc. All three
bidders did not furnish the bid security on the forms provided in the Proposal Pages of
the Construction Contract and General Conditions documents. Section 6 of the
Instruction to Bidders states "Bid Bonds issued on any form, other than those provided
herein, will not be acceptable. No bids will be considered unless accompanied by the
required bid security". Additionally, bidders are instructed during the mandatory pre-bid
conference to "utilize the Bid Bond form provided in the Contract Documents". Minutes
from the mandatory pre-bid conference are issued in addendum and become part of
the bidding documents. As a result, Chaz Equipment was the lowest bidder with a Bid
Security issued on the Bid Bond forms required.
Comparison of the apparent lowest four (4) lowest bid evaluations is as follows:
Chaz Equipment Company has performed numerous projects of this nature for the City,
with excellent results. The quality of their work is excellent. They have more than an
adequate inventory of equipment to perform the work. They pursue the work diligently,
and typically complete the projects within the specified time constraints. They also
were very diligent in their preparation of the bid for this project, as they asked numerous
clarification questions during the specified question and answer period of the bid phase.
As indicated above, Almazan Brothers did not utilize the Bid Bond forms provided in the
Contract Documents. The bid security as submitted was issued on a standard form.
S:IEngAdminIProjectsI2005\2005-01410FFICIAL \agenda memo. doc
Additionally, Almazan Brothers bid contained an error which required correction;
resulting in, their actual bid price being $460,082.00. Almazan Brothers has performed
a number of projects for the City, with above average results. The quality of their work
is above average. They have an adequate inventory of equipment to perform the work.
They have typically completed the projects within an acceptable amount of time.
Enco indicated prior to the bid opening their Bonding Company could not issue the Bid
Security on the current Bid Bond form provided in the Contract Documents. The bid
security Enco provided was on an out dated City of Delray Beach Bid Bond form. Enco
is currently, performing work on the City's Lifeguard Towers Phase '" project. It
appears Enco utilized the bid bond form from the Lifeguard Towers project. Also, the
experience history Enco provided indicates they have very little experience with projects
of this nature and apparently, Enco's experience is predominantly in building
construction and residential site improvements. They indicated they have an adequate
inventory of equipment to perform the work. Enco has been in business in Florida as a
Contractor for four (4) years. The City has no prior experience with them involving
underground and utility work. Upon checking their references provided in the bid, their
references appear acceptable.
IIcon provided a correspondence from their Bonding Company indicating an apparent
problem they had with the City's Bid Bond forms and subsequently issued the bond on
"a standard form". Additionally, IIcon bid proposal contained errors which required
correction, to evaluate their actual bid. Unit price bid items 4 through 28 were
submitted as lump sum prices. licon's extended total price was used to evaluate the
total evaluated bid price. The experience history IIcon provided indicates they have
very little experience with projects of this nature and it appears licon's experience is
predominantly in hurricane restoration and building construction. They indicated they
.have an adequate inventory of equipment to perform the work. IIcon has been in
business in Florida as a Contractor for six (6) years with majority of that work in Miami,
the Florida Keys and the Homstead area. The City has no prior experience with IIcon.
Upon checking their references provided in the bid, their references appear acceptable.
The cost of project is $415,957.00. A complete Bid Tabulation is attached.
Funding is available from
Funding Source
Account Number
Balance
Contract
Block 64 Water Main
Block 64 Storm/alley
improvements
442-5178-536-65.33
448-5461-538-65.33
*$232,266.60
$253,750.00
$232,266.60
$183,690.40
Total $415,957.00
* Following Budget Transfer
S:IEngAdminIProjectsI200512005-014\OFFICIAL \agenda memo, doc
J!l
c
CD
E
~
e
a.
.E
c
.fti
:E~
.. .... c
~~~
:>0 III
:>0:;
-cN,g
c 'It III
IlIUt-
CDGI-c
If'[iii
.E Q.
e!
c
>>
CD
~
~
.lIl:
U
o
iii
., " " :5 g g :5 :5 :5 :5 :5 :5 g g g g g g g g g g g g g g g g g g g g g g g =>
~OOOOONdOOOOOOdd~ddddddddddddd:5'dd~'". ;,'>:
~ OOO~O~OO~~OOOOO~OOOOONOOOOOOO 0- :,,;e.
~,~qqq~ ~~~~oo~q~q~~~~qqq~~~~~q~qqoo~ ~"',
OOO~~~NOoo~_~O~~ ~~~ ~~ N~-~~~- ~ ::_':
M_OO N ~ ~NN ~~~~~~~ ~~~~~~~~~ ~lll!t;'
e~~~~~~~ ~ ~~~~~ ~ ~ I
~,: '
,s. :
i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 25:5 8 25 g 8 8 88888 g 8 g g 8 8 ,.
'~;.'1: 0 0 0 l' tn N 0 0 l.I) 0 V') 00 tn d vi d ci d d d d ci d lri d d d 0 0 d d "::
=':d.t 0 0 0 ...... N ...... 0 0"1 - ('f') ...... rf') 0 r- 0 -q- l.I) 0 0 0 l.I) '-0 0 0 N 0 0 0 .0 0 0 ...... -,,:,
i.c:I':j,-" .0., 0., q fA fA ~ l.I) '-4 ~ fA (A fA 0", v.t ~ fA :"' ~... ~ ~ ~ :1 ~ lII... ~ ~ ~ ~ ~"';: ~ (A ,', ::-,:<:
9 -:-; ~ ~ ~ ~ ~ {,R. fA {A fA fA fA EA EA EA {A EA EA (A ':- ,<:
",,0............ f",
;" ,"'iiH,:.,!!,
~~~~~~~~~~~~~~~~~~~gg8~8~8888g881:r.'"J~'>:
"oON~or-OO~~tnOOl.l)-~~-~d~dd~~dNdddddddN'~ I'~~'
N~Nl.I)~OOl.l)rf')NV')~-~O~~~M-q-OOV-q-~l.I)l.I)O~oooo_~","'"
_ V')~Nl.I)r-M-q-OO('f') l.I)r-or-V')l.I)OO~~OM~ MMOO~OOO~.,:~
~~O~~~~~~~~~~~~~N~~O~~NN~~~~~~~_ J'
C--M N ~~~-~-~N~~~~-~~-~~~~~~~~~ ~
~~EAEA~EAfA- ~ fA- EA EA EA EA er;".
: .,i
lj '~i<
(,I.
..::i
~ '.
rr
~.
"OOOlt')~-O 00('1"')["'--000('1"')
8~0~00"l:t"~"I:t('l"')'Vtf')\c~OO('l"')
;e~g~~~~~~~:t~~g~
.:W ...It).~EA~fA-(,,,,)EA EA EAOOEA
fa~:=~ ~ ~
p""''''''....
~~~~~888~8~8g8gg8g
~~~o~oo~ooo~o~ooddo
~~~~~~~8~~~~~~gggEA
~ "'v5vl~N'" "~EA\O"EA\O"'~"..o_"
fA- EAEAEAEAEAEAEAEA EA EAEAEAEA
Ie" c
,
" '
'::
I,
I:,.
,,'
I,
/J
... .'
'"
;:
,
.' ',.
. "
~ .' .....
.
.'
;
c,
,
...
o
o
~
~
;'
.,
..
';;i ,; ; i
,., ~... ~
" ,",:
OOOOOOOOO~O~'Vtf')~=-"I:tlt')OOOOOOOOOOOOOOM
~~5~~~~~~6~~~~~~~~~~~~~~~_'~~~~~~~~
-OOtf')OOO-~-N'Vr---O'VO~~~,~O~~~oooo -EAOOO-~
~NN-~("")OOtf')~tf')~ ~lt')N~~~~N It')~ ("")~\O OOOEA~
~..,~N~NN("")d~~r---~d~~N~N~~6~~ ...~_~~_ ~lt')~ ~
~:~EAEA-MN EAEAEANtf')NEANEAvEAEA-EAEANEAEAEAEAEA EAEAEA ~
~:~ .... .... .... .... .... .... "'" "'" "'" "'" .... !;l
I
" '
......'.
"
'.i:
(,9
g g g g r.. ..:.,.....:!
* * * * * * * * * * * * * * * * * * * * * * * * ~ ~ ~,,~ Iii ..:
~~~ t ,C:'::<'
;; Lf"
''"L'''' 8 g g ~ ~ g; ~ g g ~ g g g g g 8 8 g g 8 8 8 8 :5 8 25 8 8 :5 8 8 :5 i :,;:j I'ri,.:";;;"
~gggi3~ggggg~gdg~ggggggggggggggg~~ ~,!: ~<<
'::1IA'OOO~-tf')lt')Olt')\O~r---\O~Olt')NOOO~OO~lt')tf')OOOOOOOEAi ",:
s>".:I ~ ~" ~" -D .-: ,.,.. ,....:' ,.,.. ~ ~ 00 .,f '<T" -D -D ~" ~" -D ~" ,....:' .... -D '<T" . . '<T" N" .... '<T" ~ " ;:; "':1,: :)
l:~"";;; ~.... ~ ~............ ~....;;;.... ~ .... ~ "'" ""'.... "'" ;;; ........ ............ ............ ~)rUf,.., .'
~ Y.J ..>" 'i"';'!: :....."1
~~,':: 0 0 goo 0 g :5 0 :3 g :5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oik:': :'>
fi:':a~ ~ ~ 0 ~ ~ :: 0 lI"i ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ;; ;; ~ ~ a ~ ~ :;
~~88g~~~~~~~~~g~g~~ggg~~~~~gg~88g~
,~~i~~~ ~ d ~ ~~~~EA~~~ ~~EA~~~
';;?........ ....
:tl',..
~j'
~~:'8 ~ ~ ~
8".. :5~
C:l~' 00;;;
......'i:! ;; ~ ~ *
"":i,',:*= '^ fA -
H:i;? ....
'!;j
";':';.:,:.;.
~~~~~~~~~~~~~<~<(~<
;~~~~~~~~~~~~~~~~~~
',.~~___~::t___OONOO ::t
a ~,O ~~~~~N~-~~-N-N~N~~
,~
'.' I.
.. ~ ....
; : '
: '.
<<<<<~<~<<<~~~~t:
~~~~~~~~~~~.....l.....l.....l.....li"
.-(M----
_:.
.~
-~
~] ~ ~
,~ ~ ~,O!c_ ,9 ~
_, .:: "~o';:; "'" I::
u. '" ~ 1l.Jd l::: c ,... :g!l !l,g
~ ,5 ] ~ ~ -< 0 ~ a t:: :s: ~
~ ;g~..( 1;l.g _~ ~ ~ ~ ~ ~ ~ <:>
.... ~ to ~.... :s: ".<: _. ~ c ~
o ';'a:l1l!a,,>0~-_1::&j
6 8 "g g ~ N ::E ,~ -..: ij :0 ~ ~. ,g
'., -.0 1a '" ,;" 0 ;.:: _ l:l l:l ~ E c ~ ,g
_~ 51 O! E-< !l ~ 5.:: ~ ~ \5 ~ (; tJ u
.'. :5 ,8 'g ~ ~ ~ fj ~ ~ t'" ~ 1;1 ~-" ~ ~
0"'''_ - >OjO :s:o - a
::E::EG '~S:!~<u ~UE-<~U
,
,
; :
:'
!$
j
"'S
rl
Q
c
'OJ
::E
" ,5 ~
~ ~ ~
:> !l !l ~ ~
.Jd ~ 1ii :s: 'fil _@
" .a :;. "' "0 ~ Jl '';; ::>"
~ 11 11 c:r.> '" ,~ e 0
O! Q; Q; '>!l _c 1a c l:l ~ "
,~~~ ~~~~~ ~o~13151('/
~~~8'<:]B~~~]_~~~~~~I.
~:>~~~~~~~g~~~~~~] ,'.".
S~K~~g~~20~'~~~~~~ <'
00 00 s J: re ~ ~ 8 8 00 ~ ~ < ~ s > .s :, .....
I:,
~'<T~~~oo~~=S:!~~~~~~~gN~~~~~~~~g~~I':'>>
IS",::>
I
I
I
"
a
.$_N
I ~
:J
c
CII
E
~
o
..
c..
.5
c
'i
:2..,.
.. ... C
Gl 9 0
'tijlt);
~g~
't:I~.Q
C ca
ca t)l-
GlGl't:l
01 .0' .-
ca..a:I
.5 CL.
l!
o
>>
CII
~
..,.
Cl)
~
u
o
iD
,....00000000000000000000000000000088 e',''''''''
" ':,-' , ~ ~ C! ~ ~ ~ ~ ~ ~ ~ ~ ~ C! C! C! C! C! ~ ~ ~ ~ ~ c: C! ~ C! ~ ~ C! C! . . '% ,-",:<'<(:
, ~~~S~~~g~~~~~~~~~~~~~~~~~~~~g8g~~
'ii:-J' - 00" \0" \0" <Xl. '" '<:1'. on <'j, 0" r-" "l, <Xl. "'" "t "'" "l, -" "'" ~ "l, r-" " ""'" . "l, "l, 0 0" q ....!:;.. '... '.i'ii:.
'1:1'" - ...... '"l:t' <:> N <:> ('f') N r- 0'1 ("l") t- t- <:> t- V) ..q- I,() r- r- N N <o:t N 0'\ 'o::t V)...... \C: .:',-\ ,<_' 'c"
QV r-<o:t~ N ~~~~ ~~I,()~~ ~ ~~~('f')~~~~~ ~:~,
~~~~~~~~ ~~~~~ ~ ~ ~ ~ _;~l
I........ .....'.I.\~. ......
o. I~~
~'oooo08oooooooooooooooo080ooooooo IX'
~"8 <:> 0 <:> 0 <:> <:> I,() \0 l.I) r- 'V <:> I.f"'l <:> <:> <:> <:> 0 <:> -0 <:> <:> I,() 0 0 0 0 0 <:> 0 '. I
~.~..C~~~~ci~~~~~~~~~~~~d~~~~~~~~d~dddd ~
~-O('f') N-I,()\O ('f')-N-~Nl,f)<o:t'o::tO'\l,f)~r-O'I'o::tO'\Nr-('f')OOO_i~
p~~~~~~~~~~~~~~~~~~~=~~~~~~ ~~~SM:~IY
;;:.'::!~~~.... .... .... ............ ............ :2.................... ),'
.
. .....7.:"
,
,:
..
',:,
888g8888888888888g88g8g8~~~~~~~~
ddoooo~dddddddooddddddddddoooooooo
~_~~~~~~~~~~~~~~~~~~~~~~~~~&&8~&~~
~~-OOr-N~NNl,f)('f')-OOl,f)<o:t<o:tr-l.I)r-'o::t('f')N'o::tO OON\O<o:tl,f)_
~.,.a..N-N~ ~~~~N-N~-~~_~~~~~ ~~ ~~~~~
~,~~~~ ~ ~~~ ~ ~~ ~ ~~ ~~
,Cl'
e
Ilil
ci~~88gg~~~~~~~~~~~~~~gggg8gg88ggg888
'r~EciddOON~OOO~OO~ONOO~ci~ddddddddcidddd
,'~~g8g~~~~~;~~a~~~a~~~~g~~i~gggggg~
;;;:.a N"' ~"' ~f d ~ iz ~ ~ t-"' ri ~ ~ ~ ~ ~ :=;" ~ ~ ;i ~ ~
~............ ........
",~ i '.
~I,
i'll. .
~,
:1
'!>
,';
"
:
..
I~
:
.1' i
.
,
.': ..
I]
~~~~~~~~~~~~~~~~~~~~~~~8888g88g8g
~ oooo~N~oo~oooooooooooooddddddddd~
!:,~~8~~~~8~88~g~8~0~~~~~~~gg~~ggg;~
.,'~~~6~ ~-~~d~~~~~~~~~~~~~~~~~~~~~ ~
~:~N~~ ~~~~~~--~NN~~~~~ -~~~~~~~~~ m
~"~~ ~~~~ ~~~ ~~~ ~ .
~;. ~
~'::'.~: ;
a.,'
~"oooooooooooooooooooooooooooooooo~
....:"'21 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ c: c: ~ c: c: c: ~
~"~dgg~~~~d '~d~g~g~~~gg~g~ggo88gg8go ~
i.}~ ~ "1 q ~ ~ iA ~ ~ ~ E'-t fA ~ 0", ER 0" ~ N.. oq, oq, "1 a ~ ~" c'l ~ " :A "1. 0 0" q EA ;,,'P
I~i~~~ ~ ~ N ~~~~ ~~~ a ~~~~
:..,:,;l.... .... ....
.~.
:
. .;
. :,1.:
. I..
g8gg88888888g888888888888~~~~~~~'I+",
ddddddddddddddd~dddddddddoooooOOC@'i
ooo~oo-oo~oooooooo~ooooooooooooooo_~
~,~oOO.OO-ON-NNOOOOOOO~~~o~ooo~~ooooo~~
=.~~~d~d~~~~~N~~~6d~~~~~d~~~~~~~~~ ~ ~.
:::S'c N - N - {;;II'} ~ E'-I- ~ ~ - ~ f'I"l 0"1 "V ~ -&q. ~ EA €0'7 _ V7 iR- EA ~ fA EA EA 6A EA ~::
o~ EA EA 6A EA 6A -&q. fA EA EA EA ~ EA EA ~. i"I:: I:,'.
J : fAit ;iti'li:
~. ......~....<i;I'
~. 00000000000000000000000000000000 ~;. I';
~.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~i~I;I'
~~g8g;~~8~EA~~~~~OEAN~~~~~~g~~88gg8EA
~. ;;:: r-'" ~ 0 r-"' ~" 0"' ......"' ~ N N EA fA "'..n fA. ..Q ~ ~ -q-"' ~"',...:. '>,.
C--N.... .... '" ................ ........ ........................ ........
~ EA fA EA EA,: '.',
... ........
joooooo~~~oo~~~~~<~<~<<<<<<~<~<(<<oooooooo";~
~~~~oooooo~ooOO~OO~~~~~~~~~~~~~~~~~~~~~i'! 'it "
.:'i ... ......
o~ OONOO ~ ......(:u-~.,.':>:-
- - ~ ;; _ - M s; ~ ~ ~ M ~ - ~ · - M - M ~ M - ~ - M - - - - -; I':' L;",
L I' ,it r.
,.' j' ..... ,.<
. k...
I
~
c-
ot
o
, .
,5
,~ ~
~~ ~ ~ u
I~~~ ~ ~ "; ~
I~ ~ -5 U 00 '" ::;E i~
_ ~~~ ~ ~~ ~ ~~._5 ~~
., '" U ~, 0 ~.- - I:: .., _ _ ~ ;>
lS'Sl ]o(jI85'a;g~ ~bl ~:E:E u8,~,Jl'~ '",8
...a 2!1i:!1<...ca", l)- f-~~ ,U">I~'~ .I::<;j
~.o u.gI,<JI~~~_.,.d 000 '.,ilil >Il 1iic >-l~u
~~",:Joo~~U~~] E~ ,~~~ ~oo~oo~ ~O~~51
.' ~~~~~~~~'~55~uo~~~9- Shll~~1ii1~8~~ ~.
~~1iiJg~~8c~~>]~S~~~i1~,ls""'~',~~~~J~.'
]51~f-lli5il=~IG~U u~]Eu uu81~~~,~,"~ul
]]i~~~51~gi~g~~~~~M~o(jl1t~~~,,~~t'~JI~
~~o~~~~'~8<~8~~8~~8~~ooooc8~~~<j~>~I~:h
I. .,~..
_Nf'I"l~~~r-OO~~=~~~~~~~~~N~~~~~~~~~~~;;H:.:;',.~
" ~
I'> ..
.'
"
,
.,
,: .'
"",
=
'.]
~':,.5
';CI'J
..
~
. i
.
i
.
.;J
'.;
I
I
....
o
o
!::!
~
N
'.
-
I ~=
'ig ______;:r; =
52 -----,
ki ----' .--
,_.- .-----
-.-.---- .--.
'l----====~l c::=
L !~I~ l~~
-----., f-----. -
.-
L
'LL
J IT
5'1 IT
lIT
-~__ ____ ST
'--
----- ------ -
w --- ----- --
;; :..---
-
~ ==~ =
J --.--- --- --
(j) --.--.- "-!
DAlE: 12-06-2OO!
LDCA liON MAP
1-. _. '.-." ..... = ,.J. .,-
ATLANTIC AVENU E
I .,"- i I . . 'T I I 1 :
Lu,_... i i i ! I
p..-.- . .'-""" .L.. ,__'_ : .
,.-.
"..':::: '----'-', .---- -.-. -;
-_....- '---..----... '_m....... . .._. _ _..... ''''-1 ,---'
...-.....-. I:;; ~}
=:.:=:.::" ..,....
-.----- '.t' ..---- \it "
:
'---1
5 cl
<: .3
. f-~
_.... .. .._____m
. -..-,.., . .-..
..-.- .
,
" i
1::----: ---'1- .
i. ! ----- :
SEmi:;'
W I I:: l.--~
'''',_.___ ::) i i i____..
Z__.m._ .,....
W.--.--..... ,-...-..--.- t.,
>_............. __...__._.__,,__. .! LL,
<(~:::::.::::---]]----- -___I In
,---_..----- .-- ----..
[~=]]_J -- --, r=j ______-=:
SLN[J
1- : II
S I
,
--_?:.'I!--
'1
::T-'-
<
JWj l~[
1'~=_~==3 .... ......
:]=:===:':
! ........ .----......
. ,-_...."...
...---
.-..,-
-.
---.-..- ....-....--- .-..
..-.---- ..,-.-----..-
._.H' "
.-... .,
-....""...,
m...._.
_.m...'
-----,- -..--..-....
..._._......_,
! ~',
, i.""""""1
1:,:......_.._1 r'_=-
. ,.,___1 i__,____
,...", ..., --"''''
,-----jf-.-----
---,---'
. f:~:~:~:]
.'11
..~_.,.-._-_. --. . --', r"'-r"--T"'-" - .,. .,......-...~._- ;-....-..- ..--" -....---.
_.____. t----.-..-.-.-~ l.~ i !' j : i 1 -'~-'- ~-., f" ~ ...._'-
--..-- f-----: '-~i~-' ..l.,_..1L]1..,_ I 1___ ,-
.-.......-.
i ~
--,---- t-'.-..----... .....-<...... 11 j -... ~.~--i r .. -'~-- .. ....,..---.--, -"..-.~----',
,11=::~:=;<~F~SltE ..-
i , 'I--!
~;\\..
----- r--- "'''"
.____ I ~~=:': i i . ·
----- , --. .'-_._,
_._---- ------ ...._".
---...-.- ,--...--- _,,_no ...._..."
---..-..." ------..-..."1 .-
..----.. -----.- ,--,...
-.__.._"- -----.-, .._. .
~~;~'~-j :~~~~~- [~]
:
."......
I '
, ,
:
Ii,
If,,' 1
'LLUII~[J --
--~~....J~~'~~=~j~ l:."~:=J ~.,,::~...-
-- ... ....-
,
I I
"
-
1
i
.,
,
t:=~~-j
~~.
_..+_____i .____, "___,,~ ,
J..-...,.. _ "~~"""'.""-.
".' vi
Z
~
<(
>-
~.._" "
IV
~.~~~- i
_,m...'
,. ......._,
,0 -... ..---
'z
N
----
,,- -
._-_:; ....
. -.. ... -. .." - . ..
" . -"-,, "......._,
..
.--..-,,--
--_.._---"
",._--"
.._.._",--"
.,.--..."
;~i
,
ST~~
-.---,
S,E.
, ,..
__'no t~~F:1 ,,--, [~~
.- -.-...--,-.
--- .__..
______.. n._.___"
rT---l ---.- ,
'5! .._........
I I ,.., -.......,
...--... ._-,
s 611- --iT""
.
,
,
..,
"'.-.,,
:~:'.-_:~::
"
"
"--_..._,_...
--------..
".-..---.
,,:;
<>:
o
i>:
~
'"
S.E:
:I'IH
d I
"J
4-' I i
i~il
,.....__.,__".. L_..._....
SL
i !
(,TH
I;; I
';,w,
~~ !
,-....-." --
,..... - "_.,,
...--...---.
iCe
j
....J '
"1 . i I · " ,I . : I
CITY of DELRA Y BEACH
ENVIRONMBlTAL SERVICES DEPAR'TMENT
4M 8OI1IH 8WIm)N A\'EHJE, CEL..RAY BEACH, Fl.OflDA 38444
BLOCK 64 ALLEY
DR/\iNAGE & WATERW\iN iMPROVEMENTS
2005-014
---- -,,---I
II I i II, I
.
~~
Lll..1 ',__L~..~
'/.-----7 .1
, ,
; i
j i
i L...
1,-
--~=~j ~
It:
I t:.-
I~t=
!~--
I t=--
I t:=
_ __-11___
,---
r~
--
-
--
--
,,-
--
--
-.
-.-
-
ST.
--
-
-
-
.-
iU--
,-
ST.
:
,
Date:
Feburarv 14, 2007
AGENDA ITEM NUMBER:
~.~
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
Feburarv 20, 2007
Description of Agenda Item (who, what, where, how much):
The attached agenda item is for Commission approval/authorization for the Mayor to execute a
construction contract with Chaz Equipment Co., Inc. for the construction of Block 64 Drainage and
Water Main improvements.
The work generally consists of the following: Construction of approximately 931 linear ~t1i 8 inch
water main, connection of existing water services, fire hydrants, 444 linear feet of 15" ~ewer
Pipe, two type "C" inlets, and Alley pavement reconstruction. This project also includes cleaning and
grubbing, sodded swale, asphalt trench repair, concrete and asphalt driveway apron replacement,
and maintenance of traffic.
The cost of project is $415,957.00.
Recommendation: Approval ~ ~
Department Head Signature: ...... r ~
City Attorney Review/Recommendation (if applicable):
2 ;rtJ. ; 07
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: eo Initials: t;Jtt-
Account Number 442-5178-536-65.33 and 448-5461-538-65.33
Description
See above
Account Balance:
$232.266.60 (followina budaet transfer) and $253.750.00
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:@/ No
Hold Until:
Initials: 4
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2005\2005-014 \OFFI CIAL \agenda.doc
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
2()()!\W IsI AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: :>hI 1.'-+.'-7()L)() . FACSIMILE: 561/278-4755
DELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
MEMORANDUM
, III J! DATE:
1993
2001
February 13, 2007
TO:
City Commission
David H~e~ Manager
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Amendment to the Chris Evert Aareement
The attached amendment to the agreement between the City and Chris Evert
Charities provides for the date of the Event and the due date for certain payments
made by the City to Chris Evert Charities. This amendment also provides that the
City will not hold a major tennis event 30 days prior or after the Chris Evert Event.
Our office reques\s that this item be placed on the February 20, 2007 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Robert Barcinski, Asst. City Manager
~
~,M
AMENDMENT NO.2 TO THE AGREEMENT BETWEEN THE
CITY AND CHRIS EVERT CHARITIES, INC. DATED OCTOBER 12, 2005
THIS AMENDMENT NO.2 to the Agreement between the City of Delray Beach
(City) and Chris Evert Charities, Inc. (Charities) dated October 12, 2005, is made this
day of
,2007.
WITNESSETH:
WHEREAS, the City and Charities desire to amend the Agreement to clarify the
date of the Event and the person receiving notice.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. Paragraph one of the Agreement shall be changed to reflect that the date
for the Classic shall be November 2-4, 2007 and to reflect that the City will not host a
major tennis event either 30 days prior or after the dates listed above.
2. Paragraph 3(b)(i) shall be changed to reflect that the due date for the first
payment from the City to Charities for 2007 shall be due on or before October 9, 2007
and the second payment must be made by November 10, 2007.
3. All other terms of the original Agreement and amendments thereto remain
in full force and effect, except as expressly modified herein.
4. This Amendment shall not be effective until it is approved by the City
Commission and signed by both of the parties to this Agreement.
1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed this
day of
,2007.
CITY OF DELRA Y BEACH, FLORIDA
By:
ATTEST:
City Clerk
Jeff Perlman, Mayor
Approved as to form:
City Attorney
WITNESSES:
CHRIS EVERT CHARITIES, INC.
By:
(Name printed or typed)
(Name printed or typed)
(Name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2007 by (name of officer
or agent, title of officer or agent) of (name of
corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has
produced (type of identification) as identification.
Signature of Notary Public - State
of Florida
2
. ~
[ITY DF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
'i\iI \W I ,t\VFr\1 F . I'd! .R\Y BEr\CH, FLORIDA 33444
LI.ll'll()NI~,'(): .," I' I-\C5]\;][LE: 56]/278-4755
Writer's Direct Line: 561/243-7090
tIe&tI
All-America City DATE:
, III I! TO:
MEMORANDUM
DELRAY BEACH
February 5, 2007
City Commission
David T. Harden, City Manager
i~~~ FROM:
Terrill Barton, Assistant City Attorney
I}t6
SUBJECT: Agreement to Terminate Contract for Sale and Purchase between the
City of Delray Beach and the Delray Beach Community Land Trust,
Inc.
Attached please find an Agreement to Terminate Contract for Sale and Purchase
between the City and the CL T for property located at 802 SW 3rd Street, Delray
Beach.
Please place this item on the February 20, 2007 City Commission agenda for
consideration. Do not hesitate to contact me if you have any questions.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
David Schmidt, Esq.
~.N
AGREEMENT TO TERMINATE CONTRACT FOR SALE AND PURCHASE
The Contract For Sale and Purchase between the City of Delray Beach, as Seller, and
Delray Beach Community Land Trust, Inc., as Buyer, for the real property located in Palm Beach
County, Florida, located at 802 SW 3rd Street, Delray Beach, Florida 33444, described as:
West 79' of East 104. of North % of North % of
Southeast 1/4 of Southeast 1/4 of Southwest 1/4 of
Section 17, T46S, R43E
is hereby by mutual agreement of the parties, terminated.
Seller waives and releases all right and claim against Buyer, and Buyer waives and
releases all right against Seller and all rights, title, and interest in the described real property.
Facsimile signatures hereon shall be treated as originals.
BUYER:
SELLER:
DELRA Y BEACH COMMUNITY
LAND TRUST ~ INC.
'1
CITY OF DELRA Y BEACH
By:
Date: February _,2007
Attest:
Chevelle D. Nubin, CMC, City Clerk
AGREEMENT TO TERMINATE CONTRACT FOR SALE AND PURCHASE
The Contract For Sale and Purchase between the City of Del ray Beach, as Seller, and
Delray Beach Community Land Trust, Inc., as Buyer, for the real property located in Palm Beach
County, Florida, located at 802 SW 3rd Street, Delray Beach, Florida 33444, described as:
West 79' of East 104' of North ~ of North ~ of
Southeast 1/4 of Southeast 1/4 of Southwest 1/4 of
Section 17, T 46S, R43E
is hereby by mutual agreement of the parties, terminated.
Seller waives and releases all right and claim against Buyer, and Buyer waives and
releases all right against Seller and all rights, title, and interest in the described real property.
Facsimile signatures hereon shall be treated as originals.
BUYER:
SELLER:
DELRA Y BEACH COMMUNITY
LAND TRUST, INC.
CITY OF DELRA Y BEACH
By:
By:
Date: February
,2007
Date: February ,2007
Attest:
Chevelle D. Nubin, CMC, City Clerk
d\
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
~(!{) NW 1st ,\VF:':ll . DILR/\Y BEACH, FLORIDA 33444
IILI:I'IlONE: 5hl _'..U~:I)\}(i' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
b.e:d
AII.AmericaCity DATE:
, III I! TO:
MEMORANDUM
February 9, 2007
City Commission
David T. Harden, City Manager
1993
2001
FROM:
(\ ~ fL.
Terrill Barton, Assistant City Attorney a l/\/J
SUBJECT: Authorization to Accept Two County Deeds for Properties Located
within the City of Delrav Beach
Attached please find proposed deeds for two (2) properties that the County is
proposing to transfer to the City. The County got the properties through unpaid
taxes.
Please place these deeds on the February 20, 2007 agenda for authorization from
the City Commission to accept the deeds as presented.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
~.O
PREPARED BY AND RETURN TO:
STEVEN K. SCHLAMP, PROPERTY SPECIALIST
PALM BEACH COUNTY
PROPERTY & REAL ESTATE MANAGEMENT DNISION
3200 BELVEDERE ROAD, BUILDING 1169
WEST PALM BEACH, FLORIDA 33406-1544
PROPERTY CONTROL NUMBER: 12-43-46-17-25-002-0250
COUNTY DEED
THIS DEED, made , by PALM BEACH COUNTY, a
political subdivision of the State of Florida, whose legal mailing address is 301 North Olive
Avenue, West Palm Beach, Florida 33401-4791, party of the first part, and THE CITY OF
DELRA Y BEACH, a municipal corporation of the State of Florida, whose legal mailing
address is 100 NW 1 5t Avenue, Delray Beach, Florida 33444, party of the second part.
WIT N E SSE T H:
That the said party of the first part, for and in consideration of the sum of Ten and
00/1 00 ($10.00) Dollars to it in hand paid by the party ofthe second part, the receipt whereof
is hereby acknowledged, has granted, bargained and sold to the party of the second part, its
successors and assigns forever, the following described land lying and being in Palm Beach
County, Florida:
TOURIST NOOK DELRA Y LOT 25 BLOCK B. THE ABOVE BEING
THE REAL PROPERTY DESCRIBED UNDER TAX CERTIFICATE
NUMBER 11011 IN THE TAX DEED RECORDED IN OFFICIAL
RECORDBOOK 17060, PAGE 1074, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
This County Deed is given subject to the following conditions and restrictions which
are imposed by the party of the first part upon the party of the second part:
1. The party of the second part agrees to acknowledge the party of the first part's
donation of the property in all of the party of the second part's documents and publicity. If
the property is further conveyed to a co-operating non-profit agency, that agency also must
acknowledge the party of the first part's donation in all documents and publicity.
2. The property may only be used for attainable or workforce housing and, in the
event the property is conveyed by deed or long-term ground lease, the party of the second
part agrees to also impose a deed restriction or language in the long-term ground lease which
complies with the funding program used by the party of the second part, said restriction or
long-term ground lease to be recorded in the public records of Palm Beach County.
Page 1 of 4
3. In the event the property is conveyed by deed or long-term ground lease for
homeownership, the following restrictions shall be included in the deed restrictions or
long-term ground lease:
a. The homes shall be conveyed only to buyers who shall occupy and
homestead them as their principal places of residence.
b. The home buyer's or lessee's annual adjustable incomes at the time of
acquisition shall not exceed 150% of the median area income, adjusted for
family size, as determined by the most current information from the U.S.
Department of Housing and Urban Development.
c. Restrictive covenants shall be imposed by the party of the second part
against the property or included in the recorded long-term ground lease
which shall include a clause that provides that upon foreclosure by any
institutional lender, transfer in lieu of foreclosure or assignment of an FHA
insured mortgage to HUD, such restriction shall terminate. The covenant or
long-term ground lease must provide that upon the occurrence of any of
these events, the party of the second part may exercise its right of first
refusal to purchase the property to preserve affordability ofthe property or
recapture the financial assistance pursuant to the provisions under 24 CFR
92.254. However, the affordability restrictions contained in this Section 3
shall be revived according to the original terms if, during the original
affordability period as provided therein, the owner of record before the
foreclosure or other transfer, or any entity that includes the former owner or
those with whom the former owner has or had family or business ties,
obtains an ownership interest in the Property, the affordability period shall
be revived according to its original terms.
4. In the event the property is conveyed for rental purposes, the party of the
second part shall ensure that the units will be maintained attainable as required by the
underlying guidelines of the funding program utilized by the party of the second part. In
perpetuity, 50% of the units must be occupied by households with annual incomes less than
80% of the area median income, and whose rents must not exceed 35% of the monthly
income with adjustment for family size, or as outlined by the underlying guidelines of the
funding program utilized by the party of the second part. The owner of the rental housing
must maintain the housing in compliance with all applicable State and local housing quality
standards and code requirements.
5. The conditions and restrictions imposed by this County Deed shall constitute
covenants running with the land and shall be binding upon and burden the party of the second
part, their successors and assigns having or hereafter acquiring any right, title or interest in or
to all or any portion of the described real property.
Page 2 of 4
Reserving, however, unto party of the first part, its successors and assigns an
undivided three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4)
interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said
land and an undivided one-half (1/2) interest in all petroleum that is or may be in, on, or
under said land. The aforementioned reservation of phosphate, mineral, metals and petroleum
rights shall not include and party of the first part hereby expressly releases any and all rights
of entry and rights of exploration relating to such phosphate, mineral, metals and petroleum
rights.
IN WITNESS WHEREOF, the said party of the first part has caused these presents
to be executed in its name by its Board of County Commissioners acting by the Chairperson
or Vice Chair of said Board, the day and year aforesaid.
ATTEST:
SHARON R. BOCK
CLERK & COMPTROLLER
PALM BEACH COUNTY,
a political subdivision of the State of Florida
By:
Deputy Clerk
By:
Addie L. Greene, Chairperson
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
(OFFICIAL SEAL)
By:
Assistant County Attorney
Page 3 of 4
CONSENT TO DEED RESTRICTIONS
THE CITY OF DELRAY BEACH hereby accepts the conveyance of the property
described above subject to the deed restrictions contained herein.
ATTEST:
THE CITY OF DELRAY BEACH,
a municipal corporation of the State
of Florida
By:
Clerk
Mayor
APPROVED FOR LEGAL SUFFICIENCY
:J~ ~g~
1t5~ity Attorney d.-/g/01
G:\Property Mgrnt Section\Dispositions\DelrayBeach,2006\CountyDeed,2of2,New,020607 ,HF app..doc
Page 4 of4
W JI I l'j I ENFIELD RD, I~~.
I
r-- L A K E I D A R 0 A D
I I D~
I~ \ I I
- I IF-
~( N,W, 3RD TERR. f----
I-- - - I
<(
f--- I-- , , - -
I--- W ~ --r ~
c-- >
<( <(
f- l- f!: I
-'
W f-
> N W ~
w -~ > W
Vl- <( <( >
0 <(
0 I-- -
~ - I--~ ;::
z z
- - I I
I--
5T, ---"3Ro-
.--- fll '~DI
I-- I I
I--
I--
W
> ~ -- - I--
<( <( - - -
- e----
I-- =1-
I-- -
II I f!: I r I II 1I1~_-
f-
..... to
.---2N~ 5T, MARTIN LUTHER
I ~ .---
f-- f---- ,- - I-- ru
~ f---- - ~- - - Ir= ~
<(
<( f--- - - -I I
f- f- -
f--- - - _0 '" I.--
- - - - -
I-- I
- -
- I - - -
- f----- - -
- -
- I In ~4T --;::
}--5 - -
I I
f-
I
~ .----- - 15T 5T, l_
r----- f---- - ;:: [II]] [IT] ~
f--- f---
I--- - ;::
i--- ,I--- -, z
- ~- -~
Z t---- _Z
-
1 illillIIIill ClIO OIJII- . -
ATLANTIC AVENUE
N
-
CITY OF DELRAY BEACH, FL
PLANNING de ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
m SUBJECT PROPERTY
232 NW 8TH AVENUE
12-43-46-17 -25-002-025
LOCATION MAP
MAP REF:
PREPARED BY AND RETURN TO:
STEVEN K, SCHLAMP, PROPERTY SPECIALIST
PALM BEACH COUNTY
PROPERTY & REAL ESTATE MANAGEMENT DNISION
3200 BELVEDERE ROAD, BUILDING 1169
WEST PALM BEACH, FWRJDA 33406-1544
PROPERTY CONTROL NUMBER: 12-43-46-16-01-039-0060
COUNTY DEED
THIS DEED, made , by PALM BEACH COUNTY, a
political subdivision of the State of Florida, whose legal mailing address is 301 North Olive
Avenue, West Palm Beach, Florida 33401-4791, party of the first part, and THE CITY OF
DELRA Y BEACH, a municipal corporation of the State of Florida, whose legal mailing
address is 100 NW 1 5t AVENUE, Delray Beach, Florida 33444, party of the second part.
WIT N E SSE T H:
That the said party of the first part, for and in consideration of the sum of Ten and
00/100 ($10.00) Dollars to it in hand paid by the party of the second part, the receipt whereof
is hereby acknowledged, has granted, bargained and sold to the party of the second part, its
successors and assigns forever, the following described land lying and being in Palm Beach
County, Florida:
TOWN OF DELRA Y S 75 FT OF W 135.6 FT OF BLK 39. THE
ABOVE BEING THE REAL PROPERTY DESCRIBED UNDER TAX
CERTIFICATE NUMBER 12927 IN THE TAX DEED RECORDED IN
OFFICIAL RECORD BOOK 16411, PAGE 1718, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
This County Deed is given subject to the following conditions and restrictions which
are imposed by the party of the first part upon the party of the second part :
1. The party of the second part agrees to acknowledge the party of the first part's
donation of the property in all of the party of the second part's documents and publicity. If
the property is further conveyed to a co-operating non-profit agency, that agency also must
acknowledge the party of the first part's donation in all documents and publicity.
2. The property may only be used for attainable or workforce housing and, in
the event the property is conveyed by deed or long-term ground lease, the party of the
second part agrees to also impose a deed restriction or language in the long-term ground
lease which complies with the funding program used by the party of the second part, said
restriction or long-term ground lease to be recorded in the public records of Palm Beach
County.
Page 1 of 4
3. In the event the property is conveyed by deed or long-term ground lease for
homeownership, the following restrictions shall be included in the deed restrictions or
long-term ground lease:
a. The homes shall be conveyed only to buyers who shall occupy and
homestead them as their principal places of residence.
b. The home buyer's or lessee's annual adjustable incomes at the time of
acquisition shall not exceed 150% of the median area income, adjusted for
family size, as determined by the most current information from the U.S.
Department of Housing and Urban Development.
c. Restrictive covenants shall be imposed by the party of the second part
against the property or included in the recorded long-term ground lease
which shall include a clause that provides that upon foreclosure by any
institutional lender, transfer in lieu of foreclosure or assignment of an FHA
insured mortgage to HUD, such restriction shall terminate. The covenant or
long-term ground lease must provide that upon the occurrence of any of
these events, the party of the second part may exercise its right of first
refusal to purchase the property to preserve affordability of the property or
recapture the financial assistance pursuant to the provisions under 24 CFR
92.254. However, the affordability restrictions contained in this Section 3
shall be revived according to the original terms if, during the original
affordability period as provided therein, the owner of record before the
foreclosure or other transfer, or any entity that includes the former owner or
those with whom the former owner has or had family or business ties,
obtains an ownership interest in the Property, the affordability period shall
be revived according to its original terms.
4. In the event the property is conveyed for rental purposes, the party of the
second part shall ensure that the units will be maintained attainable as required by the
underlying guidelines of the funding program utilized by the party of the second part. In
perpetuity, 50% of the units must be occupied by households with annual incomes less than
80% of the area median income, and whose rents must not exceed 35% of the monthly
income with adjustment for family size, or as outlined by the underlying guidelines of the
funding program utilized by the party of the second part. The owner of the rental housing
must maintain the housing in compliance with all applicable State and local housing quality
standards and code requirements.
5. The conditions and restrictions imposed by this County Deed shall constitute
covenants running with the land and shall be binding upon and burden the party of the second
part, their successors and assigns having or hereafter acquiring any right, title or interest in or
to all or any portion of the described real property.
Page 2 of 4
Reserving, however, unto party of the first part, its successors and assigns an
undivided three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4)
interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said
land and an undivided one-half (1/2) interest in all petroleum that is or may be in, on, or
under said land. The aforementioned reservation of phosphate, mineral, metals and petroleum
rights shall not include and party of the first part hereby expressly releases any and all rights
of entry and rights of exploration relating to such phosphate, mineral, metals and petroleum
rights.
IN WITNESS WHEREOF, the said party of the first part has caused these presents
to be executed in its name by its Board of County Commissioners acting by the Chairperson
or Vice Chair of said Board, the day and year aforesaid.
ATTEST:
SHARON R. BOCK
CLERK & COMPTROLLER
PALM BEACH COUNTY,
a political subdivision of the State of Florida
By:
Deputy Clerk
By:
Addie L. Greene, Chairperson
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
(OFFICIAL SEAL)
By:
Assistant County Attorney
Page 3 of 4
CONSENT TO DEED RESTRICTIONS
THE CITY OF DELRA Y BEACH hereby accepts the conveyance of the property
described above subject to the deed restrictions contained herein.
ATTEST:
THE CITY OF DELRAY BEACH,
a municipal corporation of the State
of Florida
By:
Clerk
Mayor
APPROVED FOR LEGAL SUFFICIENCY
~~~~
A-sstCity Attorney 2f~1 07
G:\Property Mgmt Section\Dispositions\DelrayBeach,2006\CountyDeed, J of2,New,020607,HF app,rev \ ,doc
Page 4 of 4
I III II I I I l J I I I I I J L
A T L A N TIC A V E N U E [
[ill][[ill- ~ ~ ITIIJ 1 I
- -
- - - -
- - - -
- -
- - :<:--~- ~ ~
- --<( <( <(
- - -
-- - --
-
-- - --
f----
~ -
- f--
- -
-
- 15T TI]5l.- ,
5,W. ~][IDh - ~[
I -
- - ==== ~
-- <(
-- - == -- _ r-
- - === === ' Zf-
- --~
-
- - - __<( W
f--- FE I- I--- --- >
f-- OJ ~ I--- ~ =--{l-- ~ I --
f-
f-- -t -I--- <(
0
f--- O-f--~ t-'
- llF I Vl
I ~ DJJIJ
- II II t') _ I----
- -I f--
- '---
- 5,W, 2ND 5T,
........- -
L__ m !~ ~ I II II - I--- I II -
- I--- -
- - I---
,- I---
~~ffiE8 - -~- I---
Vl
- f----
30 30 - I--- 30 Z
vi vi - -
vi 0
tHEj - -
I--- f--
rr - -,
II \ I \ 01 - m - -~ Z
Vl
5,W. - 5T. -
3RD - -
ITIIIJ [[ill] ~ --~ I lllL 3:
- -
Vl - - ~-- - - _U1
- - -
Vl - -
- -
- - -
~ r - - I--
- - - I--
-
- - I--
f-_ I- - - I---
III IIII III I - Il- II II - - I--
~
- -
- L.-
~ 5,W, 4TH 5T,
I I II I I -
e-- [
- I
- - ~ - ~
-
-
'---, - III
-
f----- -
I I I I I T T T f----- -
f----- -
N
-
CITY OF DELRA Y BEACH, FL
PLANNING '" ZONING DEPARTMENT
m SUBJECT PROPERTY
315 S.W. 3RD STREET
12-43-46-16-01-039-0060
LOCATION MAP
- - DIGITAL BASE MAP SYSTEM --
MAP REF:
..
f'
MEMORANDUM
TO:
David Harden, City Manager
Lula Butler, Community hnprovement Director J>?
Elizabeth B. Alpert, C. D. Program Adrninistrato@.
February 14,2007
FROM:
THRU:
DATE:
SUBJECT: Agreement between the City and Hatcher Construction for renovations
to 145 SW 12th Avenue
ITEM BEFORE THE COMMISSION:
This item is requesting approval of an Agreement between the City and Hatcher
Construction and Development, Inc. in the amount of$16,535.00 for renovations to
the NRC Phase II located at 145 NW 1ih Avenue.
BACKGROUND:
At the February 6, 2007 meeting, Commission approved Resolution 4-07 to purchase
145 SW 1ih Avenue for the purpose of expanding the Neighborhood Resource
Center. In order to renovate the existing building to create office space, the
Community Development Division issued a request for proposals. Our in-house
estimate for renovation costs was $14,726.95. The lowest quote (Hatcher
Construction and Development, Inc.) received for the job is in the amount of
$16,535.
This item is requesting approval of an Agreement between the City and Hatcher
Construction and Development, Inc. in the amount of $16,535.00 for renovations to
145 NW 1 ih A venue. Funding for this project will be provided through Community
Development Block Grant Account # 118-1965-554-63.42.
RECOMMENDATION
Staff recommends approval of the Agreement between the City and Hatcher
Development and Construction, Inc. in the amount of $16,535 for renovations to
145 SW 12th Avenue.
~
3.P
AGREEMENT BETWEEN THE
CITY OF DELRA Y BEACH AND
HATCHER CONSTRUCTION AND DEVELOPMENT, INC.
FOR PHASE II CONSTRUCTION OF THE
NEIGHBORHOOD RESOURCE CENTER
THIS AGREEMENT is made this
day of _, 2007, by and
between HATCHER CONSTRUCTION AND DEVELOPMENT, INC. (hereinafter called
the "Contractor"), and the CITY OF DELRA Y BEACH, (hereinafter referred to as the
"City").
WITNESSETH:
WHEREAS, the City owns certain property located at 145 S.W. 1ih Avenue (the
"Property'); and
WHEREAS, the City will pay Contractor Sixteen Thousand Five Hundred Thirty-Five
Dollars ($16,535.00) through the Community Development Block Grant (CDBG) by the use of
its CDBG dollars to construct Phase II of the Neighborhood Resource Center located at 145 S.W.
12th Avenue; and
WHEREAS, the City shall oversee the construction.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
ARTICLE 1.
Statement of Work. The Contractor shall furnish all supervision, technical personnel,
labor, materials, equipment and all other appurtenances thereto and perform and complete all
work in accordance with the contract documents as prepared by the City.
ARTICLE 2.
Work to be Performed. Contractor shall renovate Phase II of the Neighborhood
Resource Center located at 145 S.W. lth Avenue, Delray Beach, FL 33444 legally described as:
LEGAL DESCRIPTION: Lot 12, Block 6 of ATLANTIC
GARDENS, according to the Plat thereof, as recorded in Plat Book
14, Page 63 of the Public Records of Palm Beach County, Florida
(PID # 12-43-46-17-23-006-0120)
ARTICLE 3.
Contract Price and Method of Payment. The City shall pay Contractor the total sum
of Sixteen Thousand Five Hundred Thirty-Five Dollars ($16,535.00). Upon request of the
Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75%
of the contract amount may be made. All payment requests will require signature of an
authorized representative of City. However, the City shall not unreasonably fail to sign a
payment request.
Final Payment will be made after:
1. The Contractor executes a lien release and warranty on forms furnished
by the City, relative to work performed, materials furnished, and certification that all amounts
due for labor and/or materials have been paid. The Contractor, by execution of the contract,
holds the City harmless from all claims or liens for labor or materials furnished or used in
performance of the work covered by this contract, whether furnished or used by the Contractor
or any subcontractor.
2. The Contractor agrees to defend, indemnify, and hold harmless the City
and its officers, agents, and employees from and against any and all suits, claims, actions, legal
proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including
2
attorney's fees associated therewith, made against the city which arise, directly, or indirectly
from the Contractor's negligent acts, errors or admission during performance under this
agreement).
3. The Contractor agrees to comply with all Federal, State and Local laws,
including, but not limited to, Federal Labor Standards as outlined in HUD 4010 and rates and
fringes set forth in Wage Decision, FL46.
4. The City shall conduct a final inspection and approve and accept all work
performed by the Contractor. Final acceptance of the job shall not subject the City to any legal
responsibility or liability of any kind. In the event that the performance by the Contractor is
unsatisfactory or unacceptable for any reason, the Contractor agrees to correct any deficiencies
at no additional cost to the City.
ARTICLE 4.
Guarantee. The Contractor guarantees that all work performed is free from defects for
a period of one year from the date of final acceptance of all work required by this contract. If
any defects appear during the warranty year, the Contractor agrees to correct them
expeditiously.
ARTICLE 5.
The Contract. The executed contract documents shall consist ofthe following:
a. This Agreement,
b. Instructions to Bidder,
3
c. Signed Copy of Bid,
d. General Conditions,
e. Special Conditions,
f. Technical Specifications, and
g. Work Write-up Drawings.
ARTICLE 6.
Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act,
no lead based paints shall be used in any area intended for human habitation.
ARTICLE 7.
Statement of Non-Discrimination. The Contractor shall ensure that employees and
applicants for employment are not discriminated against because of their race, color, religion, sex
or national origin.
ARTICLE 8.
Dispute Resolution. All internal disputes between any of the parties to this contract
arising out of or related to the work required herein shall be decided by Program Administrators.
All other disputes constituting a beach of this agreement, which cannot be resolved by the
parties, shall be resolved by a court of competent jurisdiction pursuant to the laws of the State of
Florida with venue in Palm Beach County, Florida.
THIS AGREEMENT, together with other documents enumerated in this Article 5,
which said other documents are as fully a part of the contract as if hereto attached or herein
repeated, forms the contract between the parties hereto. In the event that any provisions in any
4
component part conflict with this agreement, the provIsIOn of the component part first
enumerated in this Article 5 shall govern, except as otherwise specifically stated.
5
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed in three (3) original copies on the day and year first above written.
ATTEST:
HATCHER CONSTRUCTION AND
DEVELOPMENT, INC.
By:WM. FI~
Print Name: \tv: II'. Q W1 t-lr::r\c::"'~
Title: ~(~-5,'Je.....-t-
~ ~..:.
(SEAL)
NOTARY PUBLIC-STATE OF FLORIDA
~E1izabeth B. Alpert
Commission # DD492978
Expires: NOY. 21, 2009
Bonded Thru Atlantic Bonding Co., Inc.
r:
The foregoing instrument was acknowledged befo~e me this _ day of rekJVlil;;J. ,
2007, by \fJ, \ \ V'WV\ ~~W , as \){[~ I cUkv\--' (name of office or
agent, title of officer or agent), of _~~ Co It:"t11YU(~:r~:y (name of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf of the
corporation. ~/She IS personally known to me or has produced
(type of identification) as identification. ~
~ ()12p4
Notary Public - State of Florida
)
) ss:
)
STATE OF FLORIDA
COUNTY OF PALM BEACH
6
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
(SEAL)
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of
2007, by Jeff Perlman as Mayor of the City of Delray Beach, a Florida municipal corporation on
behalf of the corporation. He is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
7
Federal labor Standards Provisions
U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work covered
by this contract pertains is being assisted by the United States of
America and the following Federal labor Standards Provisions
are included in this Contract pursuant to the provisions applicable
to such Federal assistance.
A. 1. (i) Mjnimum Wages. All laborers and mechanics em-
ployed or working upon the site of the work wiil. be paid uncondi-
tionally and not less often than once a week, and without. subse-
quent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issl!ed by the Secre-
tary of labor under the Copeland Act (29 CFR Part 3), the, full
amount of wages and bona fide fringe benefits (or cash equiva-
lents thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the, Secretary
of Labor which. is attached hereto and made a part hereof, re-
gardless of any contractuaJ relationship which may be alleged to
exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section l(b)(2) of the Davis-Bacon Act on
be'half of laborers or mechanics are ,considered wages paid to
such laborers Or mechanics" subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs incurred
"for more than a weekly period (but not less often than quarterly)
under plans, funds. or programs" which cover the particular weekly
'period" are. deemed to be constructively made or incurred during.
such weekly period.
Such: laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the classi-
fication of work actually performed, without regard to skill, except
as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per-
forming work in more than one classification may be compensated
at the rate specified for each classification for the time actually
worked therein: 'Provided, That the employer's payroll records
accurately set forth the time spent in each classification in which
wor~ is performed. The wage determination (including'any addi-
tional classification and wage rates. conformed under 29, CFR
5,5(a)(1 )(ii) and the Davis-Bacon poster (WH-1321) shall be posted
at all times by the contractor and its. subcontractors at the site of
the, work in a prominent and accessible, place where it can be
easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage deter-
mination. HUD shall approve an additional classification and wage
rate and fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification requested is
not performed by a classification in the wage determination; and
(2) 'The classification is utiiized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe ben-
efits, bears a reasonable relationship to the wage rates contained
in the wage determination.
(b) If the contractor and the laborers and mechanics to be em-
ployed in the classification (if known), or their representatives,
and HUD or its designee agree on the classification and wage
rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by HUD or
its designee to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of La-
bor, Washington, D.C. 20210. The Administrator, or an authorized
representative, wilf approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise, HUD
or its designee or will notify HUD or its designee within the 3D-day
period that ci:'dditional time is necessary. (Approved by the Office
of Management and Budget under OMB control number 1215-
0140.)
(e) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and'HUD
or its designee do not agree on the proposed. classification and
wage rate (including the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the questions,
including the views of all interested partieb and the recommenda-
tion of HUD, or its designee, to the Administrator. for determina-
tion. The Administrator, or an authorized represenfative, will is- ,
sue a determination within 30 days of receipt and so advise HUD'
or its designee or. will notify HUD or its. designee within the 3D-day
period that additional time is necessary. (Approved by the Office
of Management and Budget under OMB Control Number 1215-
0140J '
(d) The, wage rate (including fringe benefits where appropriate)
determined pur~uant to subparagraphs (1 )(ii)(l>) or (c) ofthis para-
graph, shall be paid to all workers performing work in tbe classifi-
cation under this contract from the first day on which work is per-
formed in the classification.
(iii) Whenever the minimum wage rate prescribed. in the contract
for a class of laborers or mechanics includes a fdnge benefit which
is not expressed al'; an hourly rate, the contractor shall either pay
the benefit as. stated in the wage determination or shall pay, an-
other bona fide fringe benefit or an hoUrly cash equivalent thereof.
(Iv) I'f the contractor does. not make payments to a trustee or
other third person, the contractor may consider. as part of the
wages'of any laborer or mechanic the amount of any costs rea-
sonably anticipated in providing bona fide fringe benefits under a
plan or program, Provided, That the Secretary of Labor. has found,
upon the written request of the contractor, that the applicable sfan-
dards, of the Davis-Bacon Act have been met. The, Secretary of
Labor may require the contractor to set aside in a separate aC-
count assets for the meeting of obligations under the plan-or pro-
gram. (Approved by the Office of Management and Budget under
OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the De-
partment of labor withhold or cause to be withheld from the con-
tractor under this contract or any other Federal contract with the
same prime contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor so much of the, accrued pay-
ments or advances as may be considered necessary to pay la-
borers and mechanics, including apprentices, trainees and help-
ers, . employed by the contractor or any subcontractor. the full
amount of wages required by the contract. In the event of failure
to pay any laborer or mechanic, including any apprentice, trainee
or helper, employed or working on the site of the work, all or part
. Previous edition is obsolete
Page 1 014
form HUD-4010 (0712003)
ref. Handbook 1344.1
of the wages required by the contract, HUD or its designee may,
after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after written
notice to the contractor, disburse such amounts withheld for and
on account of the contractor or subcontractor to the respective
employees to whom they are due. The Comptroller General shall
make such disbursement$ in the case of direct Davis-Bacon Act
contracts.
3. (I} Payrolls and basic records. Payrolls and basic records
relating thereto shall be maintained by the contractor during the
course of the work preserved for a period of three years thereaf-
ter for all laborers and mechanics working at the site of the work.
Such records shall contain the name, address, and social secu-
ritY ,nu,mber of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs
, anticipated for bona fide fringe benefits or cash equivalents thereof
of the types described in Section l(b)(2)(B) of the Davis-bacon
Act)" daily and weekly number of hours, worked, deductions made
and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1 )(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in .Sec-
tion l(b)(2)(B) of the Davis-Bacon Act, the contractor shall main-
tain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially re-
sponsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing
such benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee
programs. the registration of the apprentices and trainees, and
the ratios, and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMS
Control Numbers 1215-0140 and 1215-0017.)
(II) (a) The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to HUD or its
desig~ee if the agency is a party to the contract, but if the agency
is not such a party, the contractor will submit the payrolls to the
applicant sponsor, or owner, as. the case may be, for transmission
to HUD or its designee. The payrolls submitted shall set out ac-
curately and completely all of the information required to be main-
tained under 29 CFR 5.5(a)(3)(i). This information may be submit-
ted in any form desired. Optional Form WH-347 is available for
this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Gov-
ernment Printing Office, Washington" DC 20402. The prime con-
tractor is responsible for the submission of copies of payrolls by
all subcontractors. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "State-
ment of Compliance," signed by the contractor or subcontractor or
his or her agent who pays or supervises the payment of the per-
sons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR 5.5 (a)(3)(i) and that
such information is correct and complete;
(2) That each laborer or mechanic (including each helper, ap-
prentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without re-
bate, either directly or indirectly, and that no deductions have been
made either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than
the applicable wage rates and fringe benefits or cash equivalents
for the classiHcation of work performed, as specified in the appli-
cable wage determination incorporated into the contract.
(c) The, weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 shall sat-
isfy the 'requirement for submission of the "Statement of Compli-
ance" required by subparagraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution
under Section 1001 otTitle 18 and Section 231 otTitJe 31 of the
United States Code.
(m) The, contractor or subcontractor shall make the records re-
quired under subparagraph A.3.(i) available for inspection, copy-
ing, or transcription by authorized representatives of HUD or its
designee or the Department of Labor, and shall permit such rep-
resentatives to interview employees during working hours on the
job. If the. contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee may, after
written notice to the contractor, sponsor, applicant or owner, take
such action as, may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make
such records available may be grounds for.debarment action pur-
suant to. 29 CFR 5.12. '
4. Apprentices and Trainees.
(I) Apprentices. Apprentices will be permitted to work at less
than the predetermined rate for the work they performed when
they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. De-
partment of Labor, Employment and Training Administration, Of-
fice of Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the Office, or if
a person is employed in his or her first ~O days of probationary
employment as an apprentice in such an apprenticeship program,
who. is. not individually registered in the program, but who has
been certified by the Office of Apprenticeship Training. Employer
and Labor Services or a State, Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an ap-
prentice wage rate, who is not registered or otherwIse employed
as, stated above, shall be paid not less than the applicable wage
rate. on the wage determination for the classification of work actu-
ally performed. In addition, any appr~ntice performing work on
the job site in excess of the ratio permitted under the registered
program shall be paid not less than ~he applicable wage rate on
the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate)
specified in the contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the
Previous edition is obsorete
Page 2 of 4
form HUD-4010 (0712003)
ref. Handbook 1344.1
"
journeymen hourly rate specified in the applicable wage determi-
nation. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the appren-
ticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage deter-
mination for the applicable classification. If the Administrator de-
termines that a different practice prevails for the applicable ap-
prentice classification, fringes shall be paid in accordance with
that determination. In the event the Office of Apprenticeship Train-
ing~ Employer and labor Services, or a State Apprenticeship
Agency recognized by the Office, withdraws approval of an ap-
prenticeship program, the contractor will no longer be permitted
to utilize apprentices at less than the applicable predetermined
rate for the work performed until an acceptable program is ap-
proved.
(II) Trainees. Except as provided in 29 CFR 5.16, trainees will
not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and
individually, registered in a program which has received prior ap-
proval, evidenced by formal certification by the U.S. Department
of Labor, Employment and Training Administration. The ratio of
trainees to, journeymen on the jOb site shall not be greater than
permitted under the plan approved by the Employment and Train-
ing Administration. Every trainee must be paid at not less than
the, rate specified in the approved program for the trainee's level
of progress~ expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits, in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees, shall be paid the fu'lI amount of fringe benefits
listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there i~ an apprentice-
ship program associated with the corresponding journeyman wage
rate, on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the pay-
roll, at a trainee rate who is not registered and participating in a
training plan approved by the Employment an~ Training Adminis-
tration shall be paid not less than the applicable wage rate on the
wage, determination for the work actually performed. In addition,
, any, trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than
the, applicable, wage rate on the wage determination for the work
actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the con-
tractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.
(fII) Equal employment opportunity. The utilization of appren-
tices, trainees and journeymen under 29 CFR Part 5 shall be in
conformity with the equal employment opportunity requirements
of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contrac-
tor shall comply with the requirements of 29 CFR Part 3 which are
incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in
any subcontracts the clauses contained in subparagraphs 1
through 11 of this paragraph A and such other clauses as HUD or
its designee may by appropriate instructions require, and a copy
of the applicable prevailing wage decision, and also a clause re-
quiring the subcontractors to include these clauses in any lower
,tier subcontracts. The prime contractor shall be responsible for
the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in this paragraph.
Previous edition is obsolete
Page 3 of 4
7. Contract termination; debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the con-
tract and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related
Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorpo-
rated by reference in this contract
9. Disputes concerning labor standards. Disputes arising out
of the labor standards provisions of this contract shall not be sub-
ject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the De-
partment of labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and HUD or its designee,
the, U.S. Department of labor, or the employees or their repre-
sentatives.
10. (i) Certification of Eligibility. By entering into this contract
the contractor certifies that neither it (nor he or she) nor any per-
son or firm who has an interest in the contractor's firm is a person
or firm ineligible to be awarded Government contracts by virtue of
Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUDcontracts or participate in HUD programs pursuant
to 24 CFR Part 24. '
(ii). No, 'part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue of
Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant
to, 24, CFR Part 24.
(ill) The penalty for making false statements is .prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal
Code, Section 1 01 0, Title 18, U.S. C., "Federal Housing Adminis-
tration transactions", provides in part: "Whoever, for the purpose
of . . . influencing in any way the action of such Administration.....
makes, utters or publishes any statement knowing the same to be
false..... shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees.
No laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be dis-
charged or in any other manner discriminated against by the Con-
tractor or any subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any proceeding
or has. testified or is about to testify in any proceeding under or
relating to the labor standards applicable under this Contract to
his employer.
B. Contract Work; Hours and Safety Standards AcL The provi-
sions of this paragraph B are applicable only where the amount of
the, prime contract exceeds $1 00,000. As. used in this paragraph, tOe
terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor con-
tracting for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 40 hours in such work-
week unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for all
ho~rs worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages.
In the event of any violation of the clause set forth in subpara-
form HUD-4010 (07/2003)
ref. Handbook 1344.1
.' <
"
'.
graph (1) of this paragraph, the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addi-
tion, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set
forth in subparagraph (1) of this paragraph, in the sum of $10 for
each calendar. day on which such individual was required or permit-
ted to work in excess of the standard workweek of 40 hours without
payment of the overtime wages required by the clause set forth in
sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages.
HUD or its designee shall upon its own action or upon written
request of an authorized representative of the Department of La-
bor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor
under any, such contract or any other Federal contract with the
same, prime contract, or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act
which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such con-
tractor. or subcontractor. for unpaid wages and liquidated damages
as provided in the clause set forth in subparagraph (2) of this
paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert
. in any subcontracts the clauses set forth in subparagraph (1)
through (4) of this paragraph and also a clause requiring the sub-
contractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth
in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are ap-
plicable only where the amount of the prime contract exceeds
$100,000. .
(.1) No laborer or mechanic shall be required to work in surround-
ings or under working. conditions which are unsanitary, hazard-
ous, or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Sec-
retary of labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of labor pursuant to Title 29 Part 1926 and failure to
comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act, 40. USC 3701 et seQ.
(3) The Contractor shall include the provisions of this para-
graph in every subcontract so that such provisi~ns will be
binding on each subcontractor, , The, Contractor shall take such
action with respect to any subcontract as the Secretary of
Housing and Urban Development or the Secretary of Labor
shall direct as a means 'of enforcing such provisions.
Previous edition is obsolete
Page 4 of 4
form HUD-4010 (0712003)
ref. Handbook 1344.1
General Decision Number: FL030046 01/05/2007 FL46
Superseded General Decision Number: FL020046
State: Florida
Construction Type: Building
County: Palm Beach County in Florida.
BUILDING CONSTRUCTION PROJECTS (dose not included residential
construction consisting of family homes and apartments up to
and including 4 stories).
Modification Number
o
1
2
publication Date
06/13/2003
09/01/2006
01/05/2007
IRON0402-001 04/01/2003
Rates
Fringes
Ironworker (Reinforcing only) ....$ 19.75
4.70
* PLUM0630-002 01/01/2007
Rates
Fringes
Pipe fitter (ExclUding HVAC
Pipe Work) . . . . . . . . . . . . . . . . . . . . . . . $ 23.56
Plumber (Including HVAC Pipe
Work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23.56
7.86
7.86
SUFL2000-001 04/03/2000
Rates
Fringes
Acoustical Tile Installer.......:$ 12.67
1.09
Bricklayer/Blocklayer... .........$ 16.00
Carpenter (Including Drywall
Hanging and Batt Insulation) .....$ 13.85
Drywall Finisher....... ..........$ 13.38
Electrician. . . . . . . . . . . . . . . . . . . . . . $ 15.49
,
3.42
2.28
1.55
1.29
3.46
2.08 (..
Elevator Mechanic...... ..... .....$ 15.15
Glazier......... ........ .........$ 13.43
HVAC Mechanic (Duct work only) . '. . $ 12.63
rronworkers: ,
Ornamental. . . . . . . . . . . . . . . . . . $ 13.58
Structural. . . . . . . . . . . . . . . . . . $ 12.71
. .
Laborers:
Asphalt Raker...............$
Ma~on Tenders...............$
Plasterers Tenders... .......$
Unskilled. . . . . . . . . . . . . . . . . . . $
9.25
9.00
9.00
8.55
2.17
Lather. . . . . . . . . : . . . . . . . . . . . . . . . . . $ 13.85
Painter, Brush (Excluding
Drywall Finishing)...............$ 11.72
1.11
Plasterer.;. .....................$ 14.70
Power equipment operators:
Backhoe. . . . . . . . . . . . . . . . . . . . . $
Concrete Pump.... ...........$
Dozer. . . . . . . . . . . . . . . . . . . . . . . $
Grader. . . . . . . . . . . . . . . . . . . . . . $
Loader. . . . . . . . . . . . . . . . . . . . . . $
Roller. . . . . . . . . . . . . . . . . . . . . . $
Tractor. . . . . . . . . . . . . . . . . . . . . $
12.50
13.06
9.75
13.40
13 .08
10.13
11.91
1.97
1.72
1.32
Roofer (including Built Up,
Composition and Single Ply) ......$ 12.58
1.77
Sheetmetal Worker (Excluding
HVAC Duct work) ..................$ 13.77
Sprinkler Fitter.................$ 16.25
5.85
Terrazzo Worker Mechanic.........$ 12.13
Tile Setter.. ...... ... ...........$ 13.78
1.42
Truck Driver. . . . . . . . . . . . . . . . . . . . . $ 10. 25
3.49
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
..
(
Agenda Item No.: M
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: February 14,2007
When: February 1?2007
ORDINANCE/RESOLUTION REQUIRED: YESINO
Draft attached: YESINO
ITEM BEFORE THE COMMISSION:
This item is requesting approval of an Agreement between the City and Hatcher
Construction and Development, Inc. in the amount of$16,535.00 for renovations to
the NRC Phase II located at 145 NW lih Avenue.
RECOMMENDATION
Staff recommends approval of the Agreement between the City and Hatcher
Development and Construction, Inc. in the amount of $16,535 for renovations to
145 SW 12th Avenue.
CDBG Total: $ 16,535.00 Account Number: 118-1965-554-63.42
Department Head Signature: ~ ~~~ -----==:::.
City Attorney ReviewIRecommendahon (ifappficable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Qcl):l...-
Funding Alternatives: L:/' (if applicable)
Account No. & Description: JIg -19~S- - ~SV. 63- c12
Account Balance: $27'./0-:;-:;-
City Manager Review:
Approved for Agenda: YE'SYNo f11rv1
Hold Until: L/ l/ \
Agenda Coordinator Review:
Received:
Placed on Agenda:
/J..R---i'il. bo / hood<--
16 .s 0 u 'c.- e ~-0c:#/
MEMORANDUM
01<
~
FROM:
David T. Harden, City Manager
Lula Butler, Director of Community Improvement u0
Elizabeth B. Alpert, C.D. Program Administrat@
February 12, 2007
TO:
THRU:
DATE:
SUBJECT:
2006-2007 CDBG Sub recipient Funding Agreement with the Center for
Technology, Enterprise and Development, Inc. (T.E.D. Center) in partnership with
the CRA.
ITEM BEFORE THE COMMISSION:
Approval is requested to execute an agreement for funding with the above listed sub recipient
under the 2006-2007 Community Development Block Grant (CDBG) Program in partnership with
the CRA.
BACKGROUND:
In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on
July 25, 2006, to obtain public comment on the proposed budget for the approval of the Community
Development Block Grant Consolidated Action Plan for fiscal year 2006-2007. The Action Plan
contains an appropriation of $30,000 in CDBG funding to support the T.E.D. Center Business
Incubator Program and was approved by the Commission. CDBG Program regulations at 24 CFR
570.503 require written agreements prior to the disbursement of funds to sub recipient
organizations, specifying the work to be performed and reporting requirements, among other
requirements and governing provisions. These agreements have been developed in accordance
with the stated regulations and have been reviewed and approved by the City Attorney for legal
sufficiency and form.
The CRA has agreed to provide matching funds in the amount of $30,000 to the TED Center in
support of costs incurred by participants in the Business Incubator Program. The total contract
amount is $60,000 and the City will be responsible for administering funds and contract
compliance.
RECOMMENDATION:
Staff recommends approval and execution of the attached agreement in order that funding may
proceed in accordance with the Commission approved Action Plan for fiscal year 2006-2007.
~.Q
FY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF DELRA Y BEACH,
THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY AND
THE CENTER FOR TECHNOLOGY. ENTERPRISE. AND DEVELOPMENT INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida
municipal corporation, hereinafter referred to as "City,'; the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", and THE CENTER FOR
TECHNOLOGY, ENTERPRISE, AND DEVELOPMENT, INC., hereinafter referred to as "the
Service Provider," having its principal office at 401 West Atlantic Avenue, Suite 09, Delray
Beach, Florida 33444.
WIT N E SSE T H:
WHEREAS, the City has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the City, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the City desires to engage the Service Provider to provide management
and technical assistance through the Business Incubation Program to eligible Delray Beach
business owners; and
WHEREAS, the CRA agrees to give matching funds to be utilized for resident
businesses located within the CRA's district in conjunction with City CDBG Funding subject to
CRA Board approval.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (Le., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
1.8 Business Incubation Program Definitions:
a. "New Business Creation" is a business that was not incorporated or that was
listed as "inactive" by the State of Florida's Division of Corporations for more than
one (1) year and that was created/incorporated under the guidance of the
Incubation Center to create the right business conditions to start operating.
b. "Business Assistance" means the provision of incubation program services to
individuals / entrepreneurs, affiliate companies and tenant companies, either by
in-house resources or through the Business Incubator network or service
providers.
c. "Active Agreement" is an incubator agreement between a client and the
Service Provider that has not expired.
d. "Start-Up Business" is a business that has been in operation for less than one
(1) year.
e. "Existing Business" is a business that has been in operation for more than one
(1) year.
f. "Affiliate Company or Protegee" is a business that has signed an incubator
agreement to participate in the incubation program and that is not renting
incubator space. The term protegee is used exclusively by the Service Provider.
g. "Eligible Recipient" is any resident and/or business within the CRA district
and/or within the two (2) target areas illustrated in Attachment "D" attached
hereto.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
Service Provider will implement the Statement of Work set forth in Article II of this Agreement.
2
ARTICLE II
STATEMENT OF WORK
The Service Provider shall carry out the activities specified in Attachment A, "Scope of
Services." The CRA funds can only be used for residents and/or businesses located within the
CRA's district, and the CDBG funds can only be used in the two (2) target areas within the City
of Delray Beach as illustrated on Attachment "0" attached hereto. In any case, the funds shall
not be used to acquire, improve, or maintain property.
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The maximum amount payable by the City under this Agreement will be up to Thirty
Thousand Dollars and 00/100 ($30,000.00) and the maximum amount payable by the
CRA under this Agreement will be up to Thirty Thousand Dollars and 00/100
($30,000.00). If any of the Sixty Thousand Dollars and 00/100 ($60,000.00) allocated
under the annual contract has not been encumbered prior to September 30,2007, then
the unused portion must be returned to the City and/or CRA. The Service Provider
shall not charge the Client under any circumstances for services listed in Attachment "A".
3.2 The City will be billed by the Service Provider on a monthly basis. Payments shall
directly reflect costs incurred by members/participants enrolled in the business incubator
program. Invoices must be received by the 15th of each month for payment to be made
in the month in which invoice is submitted. The City shall administer both CRA and
CDBG funds. The CRA shall provide fifty percent (50%) of the annual allocation to the
City by the beginning of the fiscal year and the balance shall be remitted to the City by
June 1 of the contract year.
3.3 Prior to receipt of CDBG funds, Service Provider shall submit the following
documentation no later than the 15th of each month covered by this Agreement, in a
format prescribed by the City and CRA:
a. Monthly Client Activity Summary Sheet.
b. Service Provider shall maintain on file information regarding gross income, race,
and zip codes/target area census for each beneficiary served.
c. Quarterly report due fifteen (15) days after the end of each quarter showing
summary financial Information for the Business Incubation Program (Attachment
H).
d. Quarterly report due fifteen (15) days after the end of each quarter
showing summary statistics on race, ethnicity, census tract and income
level of clients served by the program.
3.4 Monthly reports will go to CRA stating funds and services expended by the 15th of each
month.
3
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1,2006, to September 30,2007.
ARTICLE V
SUSPENSION AND TERMINATION
5.1 Termination/Suspension of Pavments/Aqreement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the City and/or CRA shall specify in writing the actions that
must be taken by the Service Provider as a condition precedent to resumption of
payments and shall specify a reasonable date for compliance. Sufficient cause for
suspension of payments shall include, but not be limited to:
a. ineffective or improper use of CDBG and/or CRA funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2 Termination for Convenience of City: The City may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the Service
Provider. If this Agreement is terminated by the City as provided herein, the Service
Provider will be paid for allowable services performed under Article II of this Agreement
until the effective date of the termination.
5.3 Termination for Convenience of CRA: The CRA may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the Service
Provider. If this Agreement is terminated by the CRA as provided herein, the Service
Provider will be paid for allowable services performed under Article II of this Agreement
until the effective date of the termination.
5.4 Termination for Convenience of the Service Provider: At any time during the term of
this Agreement, the Service Provider may, at its option and for any reason, terminate
this Agreement upon ten (10) working days written notice to the City and/or CRA. Upon
termination, the Service Provider shall be paid for services rendered pursuant to this
Agreement through and including the date of termination.
4
ARTICLE VI
RECORDS AND REPORTS
6.1 The Service Provider agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of four (4) years after the termination of the
Agreement.
6.2 The Service Provider shall submit quarterly reports in a format prescribed by the City
per the schedule in Article III of this Agreement.
6.3 The Service Provider agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
ARTICLE VII
PROGRAM INCOME
The Service Provider agrees to expend all funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the Service Provider and used for
costs that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the Service
Provider use program income to pay for charges or expenses that are specifically not allowed
pursuant to the terms of this agreement and applicable federal regulations or rules. The use of
program income by the Service Provider shall comply with the requirements set forth at 24
CFR 570.504.
ARTICLE VIII
PUBLICITY
The Service Provider shall ensure that all publicity, public relations, advertisements and signs,
recognize the City, CRA and the CDSG Program for the support of all contracted activities. The
use of the official City and/or CRA logo is permissible, but all signs used to publicize City/CRA
contracted activities must be approved by the City/CRA prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1 Federal. State. County and City Laws and Reaulations: The Service Provider shall
comply with applicable provisions of applicable federal, state, County, and City laws,
regulations and rules, including OMS A-122, OMS A-21, OMS A-133.
The Service Provider shall comply with Section 504 of the Rehabilitation Act of 1973,
as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of
race, color, religion, sex, or national origin; Executive Order 11246, as amended which
requires equal employment opportunity; and with the Energy Policy, amended and
5
Conservation Act (Pub.L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The Service Provider shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the City and/or CRA. The Service Provider shall
comply with all applicable requirements of the Americans with Disabilities Act (ADA) of
1990, including, but not limited to, those provisions pertaining to employment, program
services, transportation, communications, access to facilities, renovations, and new
construction.
The Service Provider shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The Service Provider/CRA does not assume the City's environmental
responsibilities described at 570.604, and
b. The Service Provider/CRA does not assume the City's responsibility for
initiating the review process under the provisions of 24 CFR part 52.
9.2 Opportunities for Residents and Civil Riahts Compliance: The Service Provider agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
9.3 Evaluation and Monitorina: The Service Provider agrees that the City and/or CRA will
carry out periodic monitoring and evaluation activities as determined necessary and that
the continuation and/or renewal of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The Service Provider agrees to furnish upon
request to the City and/or CRA and make copies of transcriptions of such records and
information as is determined necessary by the City and/or CRA. The Service Provider
shall submit on a schedule set by the City and/or CRA and at other times upon request,
information and status reports required by the City and/or CRA to enable the evaluation
of said progress and to allow for completion of reports required of the City and/or CRA
by HUD. The Service Provider shall allow the City and/or CRA or HUD to monitor its
agency on site. Such site visits may be scheduled or unscheduled as determined by the
City and/or CRA or HUD.
9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMS A-
133. Nonprofit organizations that expend less than $500,000 annually in federal awards
shall be exempt from an audit conducted in accordance with OMS A-133, although their
records must be available for review. These agencies are required by the City and/or
CRA to submit "reduced scope" audits (e.g., financial audits, performance audits). Each
audit shall cover a time period of not more than twelve (12) months and an audit shall be
6
submitted covering each assisted period until all the assistance received from this
agreement has been reported on. A copy of the audit report must be received by the
City and/or CRA no later than six (6) months following each audit period.
The Service Provider shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the City
and/or CRA pursuant to the terms of this agreement.
9.5 Uniform Administrative Requirements: The Service Provider agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the City and/or
CRA under this Agreement. The Service Provider is required to comply with the
following uniform administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMS Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements
for Grants and Agreements with Institutions of Higher Education, Hospitals and
Other Non-Profit Organizations."
b. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of
allowable and unallowable costs appears in Attachment S).
c. Applicable provisions of 24 CFR 570.502.
9.6 Lobbvinq Prohibition: The Service Provider shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of any
federal Agreement, grant, loan, or cooperative Agreement.
The Service Provider shall disclose to the City and/or CRA if any funds other than
federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
9.7 Section 3 Requirements: The Service Provider agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the City upon request. The Service Provider shall include
the following, referred to as the Section 3 Clause, in every solicitation and every contract
for every Section 3 covered project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
7
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low-and very low-income persons, particularly persons who are recipients of
HUD assistance for housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24
CFR Part 135, which implement Section 3. As evidenced by their execution of
this agreement, the parties to this agreement certify that they are under no
contractual or other impediment that would prevent them from complying with the
Part 135 regulations.
c. The Service Provider agrees to send to each labor organization or
representative of workers with which the Service Provider has a collective
bargaining Agreement or other understanding, if any, a notice advising the labor
organization or workers representative of the Service Provider's commitment
under this Section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the Section
3 preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each,
and the name and location of the person(s) taking applications for each of the
positions, and the anticipated date the work shall begin.
d. The Service Provider agrees to include this Section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR Part 135, and
agrees to take appropriate action, as provided in an applicable provision of the
subcontract or in this Section 3 clause, upon a finding that the sub Service
Provider is in violation of the regulations in 24 CFR Part 135. The Service
Provider will not subcontract with any sub Service Provider where the Service
Provider has notice or knowledge that the sub Service Provider has been found
in violation of the regulations in 24 CFR Part 135.
e. The Service Provider will certify that any vacant employment positions,
including training positions, that are filled (1) after the Service Provider is
selected but before the contract is executed and (2) with persons other than
those to whom the regulations of 24 CFR Part 135 require employment
opportunities to be directed, were not filled to circumvent the Service Provider's
obligations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
9.8 Insurance: The Service Provider shall furnish to the City, c/o the Community
Improvement Department and the CRA, certificate(s) of insurance evidencing coverage
that meets the requirements outlined in Attachment C.
9.9 Property: Any real property under the Service Provider's control that was acquired or
improved in whole or in part with CDSG funds received from the City in excess of
$25,000 shall be either:
8
a. Used to meet one of the three CDBG national objectives required by and defined
in 24 CFR Part 570.208 for five years following the expiration or termination of
this agreement, or for such longer period of time as determined by the City; or
b. Not used to meet a CDBG national objective, in which case the Service
Provider shall pay to the City an amount equal to the market value of the
property as may be determined by the City, less any proportionate portion of the
value attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property. Reimbursement is not required after the period of
time specified in Paragraph 9.9.a., above.
Any real property under the Service Provider's control that was acquired or improved in
whole or in part with CDBG funds from the City for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
City.
All real property purchased in whole or in part with funds from this and previous
agreements with the City, or transferred to the Service Provider after being purchased
in whole or in part with funds from the City, shall be listed in the property records of the
Service Provider and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the Service Provider, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the City shall be listed in the property records of the
Service Provider and shall include a description of the property, location, model
number, manufacturer's serial number, date of acquisition, funding source, unit cost at
the time of acquisition, present market value, property inventory number, information on
its condition, and information on transfer, replacement, or disposition of the property.
The Service Provider shall obtain prior written approval from the City for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the Service Provider pursuant to the
terms of this agreement. The Service Provider ,shall dispose of all such property in
accordance with instructions from the City. Those instructions may require the return of
all such property to the City. CRA funds shall not be used to acquire, improve, or
maintain property.
9.10 Reversion of Assets: The Service Provider shall return to the City and/or CRA, upon
expiration or termination of this Agreement, all the assets owned or held as a result of
this Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any overpayments
due to unearned funds or costs disallowed pursuant to the terms of this Agreement that
were disbursed to the Service Provider by the City and/or CRA. The Service Provider
shall within thirty (30) days of expiration or termination of this Agreement execute any
9
and all documents as required by the City and/or CRA to effectuate the reversion of
assets. Any funds not earned, as described and provided for in OMS A-122, by the
Service Provider prior to the expiration or termination of this Agreement shall be
retained by the City and/or CRA.
9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
9.12 Reneqotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the City and/or CRA determines, in its
sole and absolute discretion, that federal, State and/or City and/or CRA revisions of any
applicable laws or regulations, or increases or decreases in budget allocations make
changes in this agreement necessary.
9.13 Riqht to Waive: The City and/or CRA may, for good and sufficient cause, as determined
by the City and/or CRA in its sole and absolute discretion, waive provisions in this
agreement or seek to obtain such waiver from the appropriate authority. Waiver
requests from the Service Provider shall be in writing. Any waiver shall not be
construed to be a modification of this agreement.
9.14 Disputes: In the event an unresolved dispute exists between the Service Provider and
the City and/or CRA, the City and/or CRA shall refer the questions, including the views
of all interested parties and the recommendation of the City and/or CRA, to the City
Manager for determination. The City Manager, or an authorized representative, will
issue a determination within thirty (30) calendar days of receipt and so advise the City
and/or CRA and the Service Provider, or in the event additional time is necessary, the
City will notify the Service Provider within the thirty (30) day period that additional time
is necessary. The Service Provider agrees that the City Manager's determination shall
be final and binding on all parties.
9.15 Indemnification: To the extent provided by law, the Service Provider shall indemnify
and hold harmless and defend the City and/or CRA, its agents, employees, and elected
officers from and against any and all claims, demands or causes of action of whatsoever
kind or nature arising out of error, omission, negligent act, conduct or misconduct by the
Service Provider, its agents, employees or officers in the performance of services
under this Agreement.
10
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the
day and year written above.
Print
By:
Print Name: ..
Title:---B'illvttv'i. ~~( tf. k...
WITNESSES:
THE
ENT
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
2007, by , who is personally known to me or
who has produced as identification.
Signature of Notary Public
11
ATTEST:
City Clerk
AP~r~B~
I1ss-[city Attorney2! /3/0 7
ATTEST:
Prin~~~M~FJ<
CITY OF DELRAY BEACH, FLORIDA
By:
Print Name:
Title:
12
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of The Center for Technology, Enterprise, and Development, Inc. under this
Agreement shall be to provide management and technical assistance through the Business
Incubation Program to eligible business owners or prospective business owners whose
businesses are located, or will be located, within the established CDBG Target Area of the City
of Delray Beach. The TED Center shall utilize the reporting tool provided by the Community
Development Division which includes census tract information for all clients served under the
CDBG program. This will serve as documentation that all clients either reside in the target area
or whose business is located within the target area (address which appears on business license
shall be used - use of TED Center leased space address will be evaluated on a case by case
basis ).
Eligible businesses or individuals participating in the Business Incubation program shall receive
services which will be reimbursable by the City and/or CRA. This shall include hands-on
management assistance, access to financing, access to equipment, flexible leases, expandable
space, education and workshops, full benefits of the business incubator/accelerator
membership, office services, training and development and technical assistance.
Attachment A . Scope of Services
TED Center Membership $825,00
-Assessment Fee included
-Concept and Planning Sessions included
-Counseling Sessions whenever requested included
-Mentoring included
-Telephone Consultations whenever requested included
-Document review whenever necessary included
-Editing documents included
-Periodic case review included
-Periodic assessments and evaluations included
-Market Research included
-Marketing Analysis and Planning included
-Sales Plan design and analysis included
-Review and evaluate personal finances included
-Review and evaluate business proposals included
-Site Selectiol1 Advice and evaluation included
-Assistance with Rent Negotiations included
-On site Business Inspections and Evaluations included
-Meetings with Staff included
-Website design included
.Computer Research included
-All relevant TED Center printed articles, handouts and materials included
-Ten Basic Steps to starting your Own Business included
.Personal Budget included
-Business Budget included
-Personal Financial Statement included
-Commercial Loan Checklist included
-Funding Package included
-Business Plan Package ( in Funding Package handout) included
Prepare For-Profit Corporate, Not-for-Profit Corporate or LLC Documents $235,00
-Name Search included
-Submit application for Client included
-Necessary amendments from 1 st filing (if needed) included
-Incorporation/LLC Fee - paid directly by client to State of Florida, Secretary of State
Corporations Division $87,50
-1 Certified Copy of Articles of Incorporation included
-1 Certificate of Good Standing included
-Necessary corrections from 1 st filing (if needed) included
Fictitious Name Registration - if necessary (not always necessary) $135,00
-Name Search included
-Submit Application for Client included
-Necessary corrections from 151 filing (if needed) included
Obtain Federal Employment ID Number $110,00
-Prepare Application included
-Submit application for Client included
-Necessary amendments from 15' filing (if needed) included
Registration as Sub-Chapter 's' Corporation $110,00
-Prepare Application included
-Submit application for Client included
-Necessary amendments from 1 st filing (if needed) included
Obtain Florida Sales and Use Tax ID $110,00
-Prepare Application included
-Submit application for Client included
-Necessary amendments from 1 st filing (if needed) included
Obtain Dun & Bradstreet Business Registration $10,00
Obtain Dun Registration - Rush fee $100,00
City Occupational License
-Prepare Application for client $75,00
Delray Beach Occupational License (fee may vary depending on city and occupation)
2
-Paid directly to City of Delray Beach (or to whichever city is applicable)
County Occupational License - Prepare Application for client
Palm Beach County Occupational License Fee $75,00
-Paid directly to Palm Beach County (or to whichever county is applicable)
(fee may vary depending on occupation)
-Corporate Kit [Includes By-Laws, Stock Certificates, Stock Ledger, Notice Forms,
Meeting Forms, Amendment Forms, Resolution Forms, Corporate Seal] $87.50
-Credit: Educational Services and Credit Assistance
- Tri-Merge Credit Report $25,00
-Credit Counseling and Education $100,00
Registration with the Office of Small Business Assistance - PB County $35,00
Registration with the State of Florida, Office of Supplier Diversity $40,00
-Skeleton Kit for Business Plan, Funding Package, Investor Package,
Grant Package, OSBA Certification, SBA 8(a) Certification, SBA Loans,
Florida Office of Supplier Diversity Certifications and all other
Certifications, etc, (All materials needed for client to get started) $385,00
-Preparation of Business Plan - basic fee
Basic Fee varies, depending on complexity & degree of client involvement. $750.00
-Funding Package - may be used for loans, grants, investors, etc,
- Basic fee varies, depending on complexity & degree of client involvement. $350,00
Not-for-Profit [IRS 501 (c)(3) Corporation] $1,000,00
SBA 8(a) Certification Package [U,S, Small Business Administration] $450,00
-GSA Certification [US General Services Administration]
(price varies depending on 'Schedule' applied for) $350,00
Rental fees for in-wall clients (ranges depending on client needs) $500,00 -
$1200,00
3
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising ..J
Bad debts ..J
Bonding ..J
Communication ..J
Compensation, personnel services ..J
Contingency provisions ..J
Contributions (to others) ..J
Depreciation, use allowance ..J
Donations (from others) ..J
Employee morale, health, welfare ..J
Entertainment ..J
Equipment for use by members ..J**
Fines, penalties ..J
Fringe benefits ..J
Fund raising, interest, investment management ..J
Idle facility, idle capacity ..J
Insurance & indemnification ..J
Interest ..J
Labor relations ..J
Lobbying ..J
Losses on other awards ..J
Maintenance, repair ..J
Materials, supplies for members ..J
Memberships, subscriptions, professional fees for ..J**
member activities (Le. obtaining necessary
documents, licenses, DUNS numbers etc.)
Organization costs ..J**
Overtime, shift premiums ..J
Page charges in professional journals (research) ..J
Participant support costs ..J**
Patent costs ..J
Pension plans ..J
Plant security ..J
Pre-award costs ..J
Professional services for members ..J
Profits, losses on asset disposition ..J
Public information service ..J
Publication and printing costs for members ..J
Rearrangement, facility alteration ..J
* Allowable under limited circumstances.
** Allowable only with prior permission from the City.
*** Allowable onlv as a direct cost with permission from the City~
ITEM OF COST OMS A-122
(NONPROFITS)
Unallowable Allowable
Reconversion costs ...J
Recruiting ...J
Relocation ...J
Rental fees for members ...J
Royalties, use of patents, copyrights ...J
Severance pay ...J
Specialized service facilities ...J
Taxes or fees related to business start up costs ...J
Termination-related costs ...J
Training, education for members ...J
Transportation ...J
Travel ...J
* Allowable under limited circumstances.
** Allowable only with prior permission from the City.
*** Allowable on Iv as a direct co?t with perlllission from the City.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any sub Service Provider that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the City via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Service Providers' Products and Completed Operations and
Contractual Liability. This policy shall provide coverage for death, personal injury or property
damage that could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the City via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500.000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The City and CRA must be listed as an Additional Insured under the Policy. Thirty (30) days
written notice must be provided to the City and CRA via Certified Mail in the event of
cancellation.
In the event that the Service Provider does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In add~tion, we will require an affidavit signed by the
Service Provider indicating the following:
does not own any vehicles.
"Company Name"
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The Service Provider's Signature:
ATTACHMENT "D"
GEOGRAPHIC SUB-AREAS
COMMUNITY REDEVELOPMENT PLAN
LA K E:
'"
"<
....
<.>
<>
<.>
....
'"
'"
....
....
"<
THE CITY' OF DELRA Y BEACH
COMMUNITY' REDEVELOPMENT
PL4N
" SUBAREA 1
2. SUBAREA 2
3. SUBAREA 3
4. SUBAREA 4
5. SUBAREA 5
6. SUBAREA 6
7. SUBAREA 7
8. SUBAREA 8
69SCrell
275 BCteS
186BC/88
728 BCI'/l8
206 BCI!lS
260 BateS
168 BCI'/l8
76 IICle8
TOTAL
1,968 IICle8
f__
~
"-I
ONE MILE
'il:J
I~J _:l'tt1
G,=?AP,'...nC SCALE
S.w.
10TH
STREET
CITY 0,= DELRA Y BEACH, FL
PLANNING & ZONiNG DEPARTMENT
FEBRUARY 2004
.. DIGI~AL SASE MAP SvSTEM-.
--.,
L I--E ;:;.' "Vf'>... F< " l"'-'/
....,..." I
~,l~ .\t,=r'III'"1f '""~ ~~I1-
- \~
~ \ \ \1i
-
I~"< I
I~
I~I/"
mH~
I
_.
i~ i II ~ J I
- ~ .~
I - ~
I~I = I - _~ f ffi
~ r-MiJ ..- oc:: ~
agn..'- =LRI.=. -- TT == hT - @
i ""~I~ EllrnnnmnnJJII ._!'
rBiE"rCCm =-ii,1f r~
m1 ~ m11LJ L-L- : I
~I/~I "5 '1= =
- ~~ ~
8]=
.0= ~.:.== w ~IWIW,.~ ~~
~ i1 J rtfHl mm m ~ ...~~ . t=i
1m _ ~ ;" 6~
.=. :.a Tl h.--2..
ffi =-g;[ tI tj I
1ill ~/~ ~ ~ ~ ~ ~l
~ '- ,.. =- :!:!::!. ,... f m~~ ~: ~
[]I _.; II ;m;;;;, -tt{, ~ U I mm~ ;a ~ ~
I T l 11=Fl~ Ie itJ I g _,:;;E"~ : A':::A.
[1; ~ 1Et3E33 ~ IEBEB II r'Ji 1~.... -.. ~ = f,j1
L:= tt'~ -- I'm " I I
,,_ Itt1 ~ =rS1~ J/1, I
:- ~.~ -==- I~ C= ~ "
\~\- il .~ D~ ......... .. ~
\t \ II F7hl a; ~.:r.:.. z;fi: F- ~ ~
= ~ i~ ~ ----' _ ~_
=: - ~ 1A- ~ -= '=" F -:= "5" ~I -r-' U r .:::::. *.!J:I #,..:::::- - ~
[] LJ ~\-Y-Ir / -ar J I f ......[-_......~ ...... \l I I I mr=T-.....1/ II11II ( o:t H~
_w
w_
-
-- 1;:;;:
= ,II
= /L m-~
- c 0 III
11 T ___ I\. .\.~. ..".,,,
~~ ~(~~.
--.
-
R~ II
-
-f--
-~
-
~L
_=- I
~~ /~
nlfillli=H.....
i'T1 .-
-~ ~III !!ilLbi
l'i
I~ =l c:::u
_L.
\
\~
7.....
L JJ
-f~~
f ~ .:._-
--
"="
w..._
~ .-
. -......
.
"-
~
-
-
II II
II II
..,.-,-'
~
-.J
-
.....
l'4~
--
...,
.-
--
--
....
-
N
COMMUNITY DEVELOPMENT BLOCK GRANT
TARGET AREA
Ci TV OF DElRA Y BEACH. f1..
PLANNING & ZONINC D1YARTMENT
-- DlGfTAL BASC MAP S'tSTCltf --
MAP REF: LJ.l1511
AGENDA REQUEST
tt.Q
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
..2-. Consent Agenda
Date: February 12, 2007
When: February 20,2007
Description of Item:
Request to approve and execute sub recipient agreement with The Cente'r for Technology,
Enterprise and Development, Inc. in the amount of $60,000. Funding of $30,000 was allocated
under the approved Fiscal Year 2006-2007 CDBG Annual Action Plan and $30,000 under the
Community Redevelopment Agency (CRA).
ORDINANCE / RESOLUTION REQUIRED: YES/NO
Draft Attached: YES/NO
Recommendation:
Staff recommends approval and execution of the attached agreement in order that funding may
proceed in accordance with the Commission approved Action Plan for fiscal year 2006-2007.
Department Head Signature: t!'1'r.tZA/P~'I.. -_
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda: ~o~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
~A
Z91
DATE:
David Harden, City Manager
Ferline F. Mesidort, C.D. Specialist '/litv1
Elizabeth B. Alpert, C. D. Program Administrato~
Lula Butler, Community Improvement Director vf!)
February 13, 2007
TO:
FROM:
THRU:
SUBJECT:
Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE THE COMMISSION
Approval is requested for three (3) Housing Rehabilitation grant award(s) to the lowest responsive bidder(s). This
request is in accordance with the City's Community Development Division's approved Policies and Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation excluding termite inspection and treatment if
necessary, as determined by the lowest responsive bidder(s), plus a 5% contingency. The contingency may be used
for change orders and all unused funds will remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building Inspection and Community
Development Division, Contracts are executed between the building contractor and the property owner. The City
remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to
specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures,
Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and
plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are
available for review in the Community Development Division Office.
The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are
awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was
created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate.
This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests.
This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated
amount of funding required.
RECOMMENDATION
Staff recommends awarding the bid for three (3) Housing Rehabilitation project(s) to the verified responsible low
bidder(s).
t)1(
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #:
2007-19
APPLICANT:
Evelyn Carter
PROJECT ADDRESS:
501 SW 7th Avenue
01/18/07
DATE OF BID LETTERS:
DATE OF BID OPENING:
02/12/07
GENERAL CONTRACTORS
Alpha South Construction
Cordoba Construction Co., Inc.
Craftsman Plus, Inc.
Gadsden Property Investment
Haywood Construction
JMosca Builders, LLC.
Joines Construction and Development, LLC.
M & A Builders, LLC
M.B. Brown Construction
Ray Graeve & Sons Construction, LLC
Real Property Enterprises
South Florida Construction Services, Inc.
Sun Band Builders Construction, Inc.
Van Ness & Callaway Construction, Inc.
BID AMOUNT
16,100.00
No Bid Bond
No Bid Bond
27,275.00
14,050.00
In-House Estimate
$18,651.25
CONTRACTOR AWARDED CONTRACT:
Icraftsman Plus, Inc.
BID/CONTRACT AMOUNT:
5% Contingency
16,100.00
$805.00
16,905.00
FUNDING SOURCE:
Community Development Block Grant
Account # 1118-1963-554-49.19
COMMENTS: Lowest responsive bidder
S:renpgrm/biddocs/bidinfosheet
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #:
2007-19
Eva Mae Haynes
APPLICANT:
PROJECT ADDRESS:
113 SW 13th Avenue
DATE OF BID LETTERS:
01/18/07
DATE OF BID OPENING:
02/12/07
GENERAL CONTRACTORS
Alpha South Construction
Cordoba Construction Co., Inc.
Craftsman Plus, Inc.
Gadsden Property Investment
Haywood Construction
JMosca Builders, LLC.
Joines Construction and Development, LLC.
M & A Builders, LLC
M.B. Brown Construction
Ray Graeve & Sons Construction, LLC
Real Property Enterprises
South Florida Construction Services, Inc.
Sun Band Builders Construction, Inc.
Van Ness & Callaway Construction, Inc.
BID AMOUNT
29,075.00
No Bid Bond
No Bid Bond
42,070.00
In-House Estimate
$31,497.20
CONTRACTOR AWARDED CONTRACT:
Icraftsman Plus
BID/CONTRACT AMOUNT:
5% Contingency
29,075.00
$1,453.75
30,528.75
FUNDING SOURCE:
Community Development Block Grant
Account # 1118-1963-554-49.19
COMMENTS: Lowest responsive bidder
S:ren pgrm/biddocs/bidinfosheet
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #:
2007-19
APPLICANT:
Mary L. Owens
PROJECT ADDRESS:
1316 Prospect Street
01/18/07
DATE OF BID LETTERS:
DATE OF BID OPENING:
02/12/07
GENERAL CONTRACTORS
Alpha South Construction
Cordoba Construction Co., Inc.
Craftsman Plus, Inc.
Gadsden Property Investment
Haywood Construction
JMosca Builders, LLC.
Joines Construction and Development, LLC.
M & A Builders, LLC
M.B. Brown Construction
Ray Graeve & Sons Construction, LLC
Real Property Enterprises
South Florida Construction Services, Inc.
Sun Band Builders Construction, Inc.
Van Ness & Callaway Construction, Inc.
BID AMOUNT
29,610.00
No Bid Bond
No Bid Bond
38,075.00
26,080.00
In-House Estimate
$30,244.95
CONTRACTOR AWARDED CONTRACT:
ISouth Florida Construction Services, Inc.
BID/CONTRACT AMOUNT:
5% Contingency
26,080.00
$1,304.00
27,384.00
FUNDING SOURCE:
Community Development Block Grant
Account # 1118-1963-554-49.19
COMMENTS: Lowest responSive bidder
S:renpgrmjbiddocsjbidi nfosheet
Agenda Item No.: ~. 12
AGENDA REQUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
--!-- Consent Agenda
Date: February 13, 2007
When: February 20, 2007
Description of item: (who. what. where. how much):
File Number Address Contractor
Grant Amount
04-061
04-069
05-083
501 SW 7th Avenue
113 SW 13th Avenue
1316 Prospect Street
Craftsman Plus, Inc.
Craftsman Plus, Inc.
South Florida Construction Services, Inc
$ 16,905.00
$ 30,528.75
$ 27,384.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO
Draft attached: YES/NO
Recommendation:
Staff recommends approval of three (3) Community Development Block Grant (CDBG) Housing
Rehabilitation Grant(s) in the amount listed above for a total award of $ 74,817.75
CDBG Total: $ 74,817.75 Account Number: 118-1963-554-49.19
Department Head Signature: ~J2.,/ ~.......;C.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
~/NO vi
Funding Available:
Funding Alternatives: if applicable), /_ ~: .c.. ~ _f" ,
Account No. & Description: /1 - ia ~ I ~//l5 P~c:tIr~(Ji-
Account Balance: Fu /?d s ' ,a / U. c>f
a.1' /'K--Ic(J - Y (. Q. r"
@/NO tw1
6h< p/70f 7'((1~-
)--er' MAy
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
David 1. Harden, City Manager
Lula Butler, Community Improvement DirectorLb
Elizabeth B. Alpert, C.D. Program Administrato~
Ferline F. Mesidort, C.D. Specialist
THRU:
FROM:
DATE:
February 13, 2007
SUBJECT:
Request for Subordination for Ellen Hanna (Homeowner)
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to subordinate its second mortgage position in the amount of
$17,094 to allow Ellen and Samuel Hanna to refinance their mortgage for a lower interest due to special
mitigating circumstances to avoid foreclosure.
BACKGROUND
Ellen and Samuel Hanna of 580 Snapper Way, participated in the City's rehabilitation program in 2000.
Since then, Mrs. Hanna has had major surgery which had left her unable to return to work full time. Three
years later she had to stop working due to declining health. Her loan has been sold several times and her
home is now in foreclosure. She is in the process of getting financial assistance from the Consortium which
can approve her for a new loan with a lower interest rate. She is requesting an approval to subordinate
based on major medical expenses/loss of job. The Hanna's were assisted with funds from the SHIP
Program.
Subsidies provided for homeownership and housing rehabilitation through State Housing Initiatives
Partnership (SHIP) funds are secured by a Promissory Note and Second Mortgage. Grants provided for
housing rehabilitation activities through Community Development Block Grant (CDBG) funds are secured by
a Promissory Note. All grants are approved by the City Commission and require the applicant to maintain
ownership/residence for a specified period according to the amount of the grant. Grant amounts less than
$15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and grant amounts
equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten
(10) years, If the property is sold or transferred during this period for any reason except the need to meet
major health care expenses (definition of what constitutes a major health care expense will be determined by
Community Development Administrator on an individual basis) or transferred by inheritance at death, the
homeowner shall immediately repay to the City the full amount of the grant.
In order for a homeowner assisted by CDBG or SHIP funds to refinance his or her first mortgage or obtain a
second mortgage, the City of Delray Beach must agree to subordinate its second mortgage. When the City
agrees to subordinate its second mortgage, the homeowner is able to borrow against the equity in their
home. The City's decision whether or not to subordinate is rendered on a case-by-case basis with the
primary objective being "increasing the affordability of housing".
RECOMMENDATION
Staff is recommending City Commission approval of The Hanna's request to subordinate its second
mortgage position in the amount of $17,094. The subordination meets all the requirements of the City's
Subordination Policy.
oA
PM
~.s
Prepared by and Return to:
Community Development
City of Delray Beach
100 NW I st A venue Delray Beach, FL 33444
SUBORDINATION AGREEMENT
WHEREAS, undersigned is the owner and holder of that certain mortgage executed by Ellen Hanna to
CITY OF DELRA Y BEACH, Florida to secure an original indebtedness of $17,094.00, said, promissory note being
dated the 2nd of August 2000. and recorded on September 1, 2000 in Official Record Book 11990 Pages 88 in the
Public Records of PALM BEACH County, Florida said Mortgage encumbering the following described lands situate
in PALM BEACH County, Florida:
Lot 11, Block 14, DELRA Y SHORES, First Addition, according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 28, Page 2.
WHEREAS, a portion or all and aforedescribed have been mortgaged by Ellen Hanna to
(hereinafter called the LENDER) to secure a mortgage loan of said mortgage to the lender being dated and
filed in Official Record Book _, Page _, Public Records of Palm Beach County, Florida.
WHERAS, the LENDER would not close its mortgage loan and disburse the proceeds thereof unless its
mortgage were a first lien, superior in right and dignity to the lien of the Mortgage held by the undersigned:
NOW, THEREFORE, For and in consideration of One Dollar, in hand paid by the LENDER, receipt
whereof is hereby acknowledged, and to induce the LENDER to disburse the proceeds of its mortgage loan
aforedescribed, the undersigned do hereby represent, warrant, covenant and agree as follows:
1. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of
this Indenture, together with the indebtedness secured thereby, is owned by the undersigned and
that neither said mortgage nor said indebtedness has been assigned, transferred, or pledged to any
person whomsoever, so that the undersigned have full right, and authority to execute this
SUBORDINATION AGREEMENT.
2. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of
this Indenture, and the same hereby is declared to be for all times inferior and subordinate in lien,
right and dignity to the mortgage held by the LENDER hereinabove described, just as though said
mortgage to the LENDER were executed, recorded and closed prior to the execution of the
mortgage held by the undersigned and herein subordinated,
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
,2007.
day of
Signed sealed and delivered in the presence of:
CITY OF DELRA Y BEACH
Witness (Print)
By:
Witness (Print)
Print:
Address: 100 NW 1 51 Avenue. Delrav Beach.
Florida 33444
State: FLORIDA
County of PALM BEACH
The foregoing instrument was acknowledged before me this _ day of , 2007 by
as, Mayor of City Delray Beach, He/She is personally known to me or has produced a driver's
license as identification
Notary Public
Printed name:
My Commission Expire:
(SEAL)
Agenda Item No.:
g.s
AGENDA REQUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
~ Consent Agenda
Date: February 13, 2007
When: February 20,2007
Description of item:
Authorization and approval to subordinate the City's second mortgage position in the amount of
$17,094 to allow Ellen and Samuel Hanna to refinance her mortgage for a lower interest rate.
Recom mendation:
Staff recommends approval and execution of the subordi ation agreement.
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NG
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: tJY1
Approved for Agenda: ~o
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
FROM:
MAYOR AND CITI COMMISSIONERS
CITIMANAGER.~__
AGENDA ITEM :~ <-t . I - REGULAR MEETING OF FEBRUARY 20. 2007
SPECIAL EVENT REOUEST lEAST END VOLLEYBALL TOURNAMENT
TO:
SUBJECT:
DATE:
FEBRUARY 16, 2007
This item is before the Commission to approve a request from East End Volleyball for the East End
Volleyball Tournament to be held at the municipal beach on March 24 and 25, 2007.
Details of the event are outlined in the attached memorandum from Mr. Weldon. The City hosted
volleyball tournaments on our beach sponsored by this organization for the last three years, and the events
have been successful. East End Volleyball will donate $1,000.00 to the City's Lifeguard Competition fund,
and the five dollar ($5.00) per car fee for parking will also be deposited into the fund.
Recommend approval of the special event request for the East End Volleyball Tournament on March 24
and 25, 2007 on the municipal beach.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager East End Volleyball Toumment 02.20.07.doc
[ITY DF DElRRY BER[H
DELRAY BEACH
D*:III
All-America City
, III I!
\N. 1st f'\\/L-i'--,:.)E
i~~L/,~,_~H. r::__();-:::lDA 33444
561.;'43. :'000
1993
2001
MEMORANDUM
TO:
David Harden
City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: East End Volleyball Tournament - March 24 and 25, 2007
DATE:
February 2, 2007
Attached please find a request from Richard Heiles of East End Volleyball
to hold a volleyball tournament on our beach on March 24 and 25, 2007.
East End Volleyball is requesting the following:
1.) Set up of 20 courts and six 10' X 10' canopies on Friday, March 23m
and broken down on Sunday, March 25th on the beach adjacent to Sandoway
Park.
2 .) One metered parking space for equipment van on AlA across from
Sandoway Park.
3.) A $5.00 parking fee per car per day with restricted parking at
Sandoway Park for players. Our Ocean Rescue staff collects this money
and deposits it in their competition fund.
4.) Announce event from a PA in the canopied registration area.
@ Printed on Fiocyci'HJ eaper
THE E F FOR TAL IN J\ Y S M;'\ T T E f~ S
2
5.) They have eight sponsors and request signage 30" high by 8' long to
be located on the beach.
6.) All cleanup during and after the event will be provided by their
staff.
7.) They have provided us with a certificate of insurance, naming the
City of Delray Beach as additional insured with a minimum of $1,000,000
liability.
8.) They will donate $1,000 to the Ocean Lifeguard competition fund.
We have had successful volleyball tournaments on our beach with them the
last three years. I recommend approval for this event, and request you
place it on the February 20, 2007 agenda for City Commission
consideration.
Parks and Recreation
Attachment
cc: Bob Taylor
Ocean Rescue Superintendent
Lanelda Gaskins
Agenda Coordinator
JW:cp
Ref:eastendvb
Delray Beach Ocean Rescue
340 South Ocean Blvd. . Delray Beach, Florida 33483. (561)243-7352 . FAX(561)243-7270
To: Joe Weldon - Director of Parks and Recreation
From: Bob Taylor - Ocean Rescue Superintendent
Subject: Recommendation
Date: January 30, 2007
I recommend proceeding with obtaining the City Commission approval to allow East End
Volleyball to hold their volleyball event at Delray Municipal Beach, on March 24 & 25,
2007. East End has held this event for the past three years, without any complications or
effects to the daily operations of beach or public safety. Attached is the letter requesting
permission and the proof of insurance.
m
Bob Taylor
Ocean Rescue Superintendent
, ..ij i>. t.,~ I) ~
~. t::,
Daily Beach Conditions on the World Wide Web: www.mvdelravbeach.com
Email: oceanrescue@d.delray-beach.fI.us
631-728-0397
Fax: 631-728-6978
Volleyball
East End
eevb@J-2000.com
www.eevb.nef
November 7, 2006
Joe Weldon
Parks and Recreation Department
50 NW 1st Ave.
Delray Beach, FL 33444
Dear Mr. Weldon,
East End Volleyball would like to request permission to hold our annual beach volleyball
tournament at Delray Beach on Saturday & Sunday, March 24-25,2007
Here are the details for the volleyball tournament:
1. The requested site is the beach just south of the 5-3 Lifeguard Tower.
2. EEVB staff will clean up the beach during and at the conclusion of the tournament.
3. We do not need access to the beach or overnight parking for any vehicles.
4. Players will be charged a $5 parking fee if they use the Sandaway parking lot.
5. The tournament will be for men, women and coed doubles teams held on 20 courts.
6. Tournament set up will be on Friday, March 23 and broken down Sunday March 25.
7. The following companies will sponsor the event:
a. Corona Light
b. Wilson Sporting Goods
c. Native Eyewear
d. Venus Swimwear
e. Sixpak Volleygear
f. Park & Sun Sports
g. Spike Nashbar
All of these sponsors will have some signs at the event. The signs will mostly be 30" high by 8' long
with a PVC pipe frame. They will be hammered into the sand and also serve as ball stops between
the courts. Some of the signs will be hung up on the six 10' x 10 canopies around center court.
EEVB will send a $1,000 check to cover the fee for using the beach. Please feel free to contact me
if you have any other questions or need any additional information.
Sincerely I
rLQ lQ,
Richard Heiles
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY)
1M 11/08/2006
PRODUCER (386)672-4260 FAX (386)672-4630 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION
Rand Sports & Entertainment Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
400 South Atlantic Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 101
Onmond Beach, Fl 32176-7142 INSURERS AFFORDING COVERAGE NAIC#
INSURED AVP Pro Beach Volleyball Tour,Inc; INSURER A: Oarendon National Insurance
AVP, Inc., AVP Next INSURER B: AIG Life Il1s Co
6100 Center Drive, Suite 900 INSURER c: Praetorian Insurance Go
Los Angeles, CA 90045 INSURER D:
Att: Andrew Reif INSURER E:
cn\ll:DAGJ;~
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF my CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHQIM\I MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~ ~g! TYPE OF INSURANCE POUCY NUMBER POLICY EFFB:TIVE POLICY EXPIRATION UMITS
GENERAL UABIUTY ECPOO2382-01 06/06/2006 06/06/2007 EACH OCCURRENCE $ 1,0OO,OOC]
X COMMERCIAL GENERAl UABlUTY DAMAGE TO RENTED $ 100,000
...:..:.. D ClAIMS MADE 00 OCCUR MED EXP (Any one person) $ ExcludecJ
A X Participant Liab. PERSONAL & ArYV INJURY $ I,OOO,OOC
- 2 ,000 , OO(J
GENERAl AGGREGATE $
-
GEN'l AGGREGATE UMIT APPliES PER: PRODUCTS - COMPIOP N3G $ 1 ,000 , OO(J
Xl Pa.ICY n ~~ n lOC
AUTOMOBIlE LIABILITY ECA000456-02 06/06/2006 06/06/2007 COMBINED SINGlE UMIT
- (Ea accident) $ 1,000 ,OO(J
ANY AUTO
-
All OWNED AUTOS BODilY INJURY
X $
SCHEDULED AUTOS (Per pef'SQfl)
A -
X HIREDAlITOS BODtl Y INJURY
- $
X NON-ONNED AUTOS (Per accident)
X PO Deductibl e: PROPERTY DAMAGE
$1,000 (Per accident) $
=fE UABILI1Y AUTO ONLY - EAACaDENT $
ANY AUTO OTHffi lHAN EA ACC $
AUTO ONLY: AOO $
EXCESSIUMBRELlA UABIUTY ElJ4000410-02 06/06/2006 06/06/2007 EACH OCCURRENCE $ 4 , 000 ,O(){
::!j' OCCUR 0 CLAIMS MADE AGGREGATE $ 4,OOO,OOC
A $
~ DEDUCTIBlE $
X RETENTlON $ 10, (J()( $
WORKERS COIoFEHSATION AND we TBD 10/25/2006 10/25/2007 I v.c STATU- IW-
EMPLOYERS' UA8l.I1Y $ 1 ,000 , OOC
C ANY PROPRIETORIPARTNERlEXECUTlVE E.l, EACH ACCIDENT
OFFICERlMEMBER EXCLUDED? E.L DISEASE-EAEMPlOYEE $ 1 ,000 , OO(
~~~='NS_ E.L DISEASE - Pa.ICY LIMIT $ 1 000.000
~~r%cipant Accident SRG0009102263 06/01/2006 06/01/2007 $25,000 Excess Med/$10,oooAD&D
B I'ersonal Prop Floater EPF0007oo-01 06/06/2006 06/06/2007 Equipment- $700,000 limit
$1,000 deductible
DESCRI~ OF OPJ:RAlfaNS' LOCATIO:Y~WYICLD/~CWSIONS~'; ~DOR~ I SPECIAL PROVISIONS
or a event ates at a ocatlons and UK U ing a AVPNext event promoters.
The certificate holder & promoter are included as additional insureds.
CANCELLATION
SHOULD AllY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Delray Beach
Parks and Recrecation Department
50 * 1ST Avenue
Del ray Beach, FL 33444
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL
~ DAYS WRITTEN N011CE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAlWRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF AllY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTAllVES.
AlI1ltORIZED REPRESENTAllIIE
~~
John Rand LYNN
ACOR025 (2001/08) FAX: (651)243-7268
@ACORD CORPORATION 1988
: j
T
AGENDA ITEM NUMBER:~ .
Date: February 2, 2007
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: February 20, 2007
Description of Agenda Item (who, what, where, how much): Request approval
to host East End Volleyball Tournament March 24 and 25, 2007 on our municipal
beach using 20 courts on the beach near Sandoway Park. They will donate $1,000
to our Lifeguard Competition Fund and the $5 parking fee per car per day will
also be depos~ted in this fund.
Department Head ~ t\ () ~
Signature: -"^-J ~
City Attorney Re w/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: @I No Initials: 4
Hold U ntll:
Agenda Coordinator Review:
Received:
e
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
February 12,2007
FROM:
DATE:
SUBJECT:
Agenda Item, City Commission Meeting February 20, 2007
Ratification - Board Appointments Old School Square
Action:
City Commission is requested to ratify the Board of Director appointments to Old School
Square per paragraph 2(a) of the Management Agreement dated August 7, 1990.
Backllround:
Per the conditions set forth in the Management Agreement between the City and Old
School Square, City Commission ratifies the appointments to the Board of Directors.
Appointments to the Board are made by Old School Square. A list of the appointees for
2007 is attached.
Recommendation:
Staff recommends ratification of the list of appointees to the Old School Square Board of
Directors.
RAB/db
Attachment
U:\wwdata\Old School Square\Agenda Item re Ratification Board Appointments OSS 2007.doc
c((
;?\
<3./1
2007 Old School Sauare Board of Directors
First 3 Year Term:
. Scott Porten - Starting 151 year of first term
. Ora Sorensen - Starting 151 year of first term
Continuing First 3 Year Term
. Bill Branning- Starting 2nd year of first term
. Doak Campbell- Starting 2nd year of first term
. Stacey Hallberg- Starting 2nd year of first term
. Heather Leck- Starting 2nd year of first term
. Jacinta Mathis- Startin~ 2nd year of first term
. Joe Moore- Starting 2n year of first term
. Rick Mouw- Starting 2nd year of first term
. Cary Glickstein - Starting 3rd year of first term
. Jan Kucera - Starting 3rd year of first term
. John McKenna - Starting 3rd year of first term
. David Schmidt - Started 3rd year of first term
. Joe Silk - Starting 3rd year of first term
Continuing Second 3 Year Term
. Brian Cheslack- Starting 151 year of second term
. George Elmore- Starting 2nd year of second term
. Leon Weekes- Starting 2nd year of second term
. Shelly Weil- Starting 2nd year of second term
. Virginia Courtenay- Starting 3rd year of second term
. Kevin Hammer- Starting 3 rd year of second term
. Tony Newbold- Starting 3rd year of second term
Officers 2007
. Brian Cheslack - President
. Bill Branning - Vice President
. John McKenna- Treasurer
. Stacey Hallberg- Secretary
"
. \
[IT' OF DElRRY BER[H
CITY ATTORNEY'S OFFICE
..'Oll NW 1st AVFl\ll . IlLl KW BEACH. FLORIDA 33444
llLEPIHlNE: :'ih I /',j , :i!l)(j' FACSIMILE: :'i61/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F l () I{ I I) ^
D*:III
All-America City DATE:
, III I! TO
MEMORANDUM
February 13, 2007
City Commission
David T. Harden, City Manager
i~~~ FROM:
Terrill Barton, Assistant City Attorney
~
SUBJECT: Resolution No. 13-07 and First Amendment, Reinstatement, and
Extension to Memorandum of AQreement for ParticioatinQ Aaencies
Attached please find a resolution and First Amendment to the Memorandum of
Agreement regarding the City's participation in the Urban Search and Rescue
Task Force extending the time for expiration of the original agreement from
December 31, 2005 until FEMA develops a new Memorandum of Agreement or
until terminated by any party upon thirty (30) days notice.
Please place this agreement and corresponding resolution on the next available
agenda for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Lanelda Gaskins, Agenda Coordinator
~.v
FIRST AMENDMENT, REINSTATEMENT, AND EXTENSION
TO MEMORANDUM OF AGREEMENT
FOR PARTICIPATING AGENCIES
This First Amendment and Extension Agreement is entered into this _ day of
, 200_, by and between the City of Miami, a municipal
corporation of the State of Florida (hereinafter referred to as the "Sponsoring Agency"),
and the City of Delray Beach, a municipal corporation and political subdivision of the
State of Florida, by and through its Board of City Commissioners, (hereinafter referred to
as the "Participating Agency").
RECITALS:
WHEREAS, the Sponsoring Agency and the Participating Agency, have entered
previously into an Agreement dated .rebrvw,,-I.'1 d-~ , 20~ setting forth the
agency's responsibilities in connection with the development and support of a local
Urban Search and Rescue Task Force and coordinated by the City of Miami Department
of Fire-Rescue, with all costs to be reimbursed by State and Federal funding sources; and
WHEREAS, the original term of Agreement ended on December 31,2005, with a
provision that at such time the parties could agree to renew, continue and extend the
association; and
WHEREAS, renewal is based upon the evaluation of the Sponsoring Agency's
ability to conform with procedures, training and equipment standards as prescribed by
FEMA; and
WHEREAS, the amendments of the Agreement may be modified or amended
only with the written agreement of each ofthe parties; and
WHEREAS, the Participating Agency's Board of City Commissioners has
authorized the original agreement and any amendments, renewals, reinstatements, and/or
extensions thereof by its authorizing resolution attached hereto and made a part hereof as
Exhibit A; and
WHEREAS, the Sponsoring Agency's City Commission has authorized the
amendment of the original term pursuant to its authorizing resolution attached hereto and
made a part hereof as Exhibit B; and
WHEREAS, the parties at this time desire to amend, to reinstate, to continue, and
to extend the performance period of the Agreement until such time as a new
Memorandum of Agreement is developed by FEMA and signed by the Federal
Emergency Management Agency (FEMA), the State of Florida, and the City of Miami
(the "Sponsoring Organization"), or until terminated by any party upon thirty (30) days of
written notice.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained in this agreement, the Sponsoring Agency and Participating Agency hereby
agree to reinstate, to continue, and to amend the Agreement as follows:
Section "VIII. CONDITIONS. AMENDMENTS. AND TERMINATION"
Paragraph G is deleted in its entirety and amended to read:
G. This agreement shall be in force until such time as a new Memorandum of
Agreement is developed by FEMA and signed by FEMA, the State, and the
sponsoring organization, or until terminated by any party upon 30 days of
written notice.
Except as specifically provided herein, all of the terms and conditions of the
Agreement, shall remain in force and effect throughout the extended term of the
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers duly authorized.
PARTICIPATING AGENCY
City of Delray Beach, a Florida municipal
corporation, as authorized by its Board of
City Commissioners
By:
Name:
Title:
ATIEST:
By:
Name:
Title:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY BY THE
PARTICIPATING AGENCY
Ary~O~~-h---
Name: ~II Cl~n
Title: f\ . fl V\t-- C \" It+hJrvw. 'f
A TIEST:
APPROVED AS TO TERMS &
CONDITIONS:
By:
Name:
Title:
By:
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Priscilla A. Thompson
City Clerk
Pedro G. Hernandez
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
APPROVED AS TO FORM AND
CORRECTNESS:
Jorge L. Fernandez, City Attorney
LeeAnn Brehm
Risk Management Director
EXHffiIT A
Participating Agency's Authorizing Resolution
RESOLUTION NO. 13-07
A RESOLUTION OF THE CITI COMMISSION OF THE CITI OF
DELRA Y BEACH, FLORIDA, COMMITTING TO CONTINUED
SUPPORT OF THE LOCAL URBAN SEARCH AND RESCUE TASK
FORCE.
WHEREAS, the City of Miami, as the Sponsoring Agency, and the City of Delray Beach entered into
an agreement dated February 24, 2003, which set forth the City's responsibilities in connection with the
development and support of a Local Urban Search And Rescue Task Force coordinated by the City of Miami
Department of Fire-Rescue, with all costs to be reimbursed by state and federal funding sources; and
WHEREAS, the original agreement ended on December 31, 2005, with a provision that at such time
the parties could agree to renew, continue and extend association; and
WHEREAS, renewal is based upon the evaluation of the Sponsoring Agency's ability to conform with
procedures, training and equipment standards as prescribed by FEMA; and
WHEREAS, the amendments of the Agreement may be modified only by written agreement of each
party; and
WHEREAS, the City Commission of the City of Delray Beach and the City of Miami desire to amend
the February 24, 2003 agreement in order to provide continued support of the Local Urban Search and Rescue
Task Force by the City of Delray Beach Department of Fire-Rescue in order to continue coordinating response
efforts to catastrophic disasters throughout the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE CITI COMMISSION OF THE CITI OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach, Florida, will continue to support the Urban Search and
Rescue Task Force and will continue to participate in coordinating response efforts to catastrophic events by
extending the expiration date of the February 24, 2003 Agreement until a new agreement is developed by
FEMA, the State, and the Sponsoring Organizations or until terminated by any party upon thirty (30) days
written notice as provided by the First Amendment, Reinstatement, and Extension to the Memorandum of
Agreement for Participating Agencies attached hereto and made a part hereof.
PASSED AND ADOPTED in regular session on the _ day of
,2007.
MAYOR
Attest:
City Clerk
EXHIBIT B
Sponsoring Agency's Authorizing Resolution
MEMORANDUM OF AGREEMENT
FOR PARTICIPATING AGENCIES
This Agreement is entered into this 2,f'''day of 'FJS.OfUUt~'f , 2003, by
and between the City of Miami, a municipal corporation of the State of Florida, (the
"Sponsoring Agency") and the City of Delray Beach Fire Rescue Department, (the
"Participating Agency").
RECITALS
WHEREAS, the Sponsoring Agency is the coordinating and sponsoring agent of
the South Florida Urban Search and Rescue (US&R) Task Force, FL TF2 (the "Task
Force"); and
WHEREAS, as the Sponsoring Agency is responsible for mobilization of the
Task Force, when the Task Force is activated by the Federal Emergency Management
Agency ("FEMA"); and
WHEREAS, the City Commission of the City of Miami, by Resolution No. 01-484,
adopted on Mav 24th I 2001, has authorized the City Manager to enter into this
Agreement with each Participating Agency on behalf of the City of Miami; and
WHEREAS, in executing this Agreement the City of Miami is acting in its
capacity as Sponsoring Agent of the Task Force and not as a direct employer of the
Participating Agency; and
WHEREAS, the CITY wishes to engage the services of the Participating Agency
to provide certain services to the Task Force; and
Page 1 of 13
.WHEREAS, the Participating Agency possesses the necessary knowledge,
equipment, resources and expertise to perform the services herein required;
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree
as follows:
I. PURPOSE
A. This Agreement delineates responsibilities of, the Sponsoring Agency and the
Participating Agency for Urban Search and Rescue activities under the search and
rescue function delineated in the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, P.L. 93-288, as amended, Sec. 403(A)(3)(b).
B. This Agreement serves as the Scope of Work of the Cooperative Agreement
between a Participating Agency and the Sponsoring Agency.
II. SCOPE
A. The provIsions of this Agreement apply to National US&R Response System
I
activities performed at the request of the Federal government, provided at the option
of the Sponsoring Agency, and in conjunction with, preparation for, or in anticipation
of, a Presidential declaration of a major disaster or emergency.
B. No provision in this Agreement limits the activities of the Task Force or its
Sponsoring Agency in performing local and state functions.
III. DEFINITIONS
A. Activation: The status of a System asset placed at the direction, control, and
funding of FEMA in response to, or in anticipation of, a Presidential declaration of a
major disaster or emergency.
Page 2 of 13
. I ~
8. Activation Order: The FEMA notice that places a System asset onto activation
status.
C. Alert: A state of increased readiness initiated by an Alert Notice.
D. Alert Notice: The FEMA notice that places a System asset onto alert status, or that
an event has occurred or is expected to occur, such that System resources may be
subject to activation.
E. Deactivation: The removal of a System asset from activation status.
F. Demobilization Order: The FEMA notice that disengages a System asset from an
incident and specifies relevant information regarding activation status such as task
force personnel rehab time.
G. Deployment: Mobilization of a Task Force, 1ST or other System resource pursuant
to an Activation Notice.
H. Disaster Assistance Employee (DAE): An individual hired to augment permanent
full-time FEMA personnel in disaster operations in the field.
I. Disaster Medical Assistance Team (DMAT): A functional unit activated under the
National Disaster Medical System (NOMS), a program of the United States Public
Health Service (PHS), Office of Emergency Preparedness (OEP). The six-person
Medical Team deployed as part of the Task Force is classified as a specialty DMAT.
J. EmerQency Information and Coordination Center (EICC): The facility used by the
Emergency Support Team at FEMA Headquarters during or in anticipation of a
Presidential Major Disaster or Emergency Declaration.
Page 3 of 13
K. EmerQencv Procurement: Upon Activation, the purchase by the Task Force of
equipment, food and other consumables, medicines, and pharmaceuticals, essential
to the Urban Search and Rescue mission, under the authority of the Stafford Act,
Sec. 306(b )(3).
L. Emerqencv Response Team (ERT): The interagency group that provides.
administrative, logistical, and operational support to the FEMA regional response
activities in the field. The ERT includes an ESF-9 cell, which consists of the ESF-9
Leader and the 1ST, and supporting Federal agency representatives, as required.
M. Emerqencv Support Function (ESF): Pursuant to the Federal Response Plan, the
primary mechanism through which Federal disaster assistance is provided to assist
the State in meeting response requirements in an affected area. Each ESF is
coordinated by a primary agency. FEMA is the primary agency for ESF #9 - Urban
Search and Rescue.
N. EmerQencv Support Team (EST): Pursuant to the Federal Response Plan, an
interagency group comprised of representatives from each of the primary agencies,
select support agencies and FEMA Headquarters staff. It operates from the FEMA
EICC.
O. Equipment Cache: Equipment on the US&R Equipment Cache List that a Task
Force is required by FEMA to possess.
P. Eauipment Cache List: The FEMA approved inventory list of equipment by type
and quantity a Task Force is required to possess for operations.
a. Federal EmerQencv ManaQement Aaencv (FEMA): Pursuant to P.L. 93-288, as
amended, the Federal agency responsible for coordinating Federal assistance to
State(s) affected by disasters or emergencies, which includes the development and
maintenance of the National Urban Search and Rescue Response System.
Page 4 of 13
R. FEMA ReQion: The geographical subdivision of the United States through which
FEMA administers its programs; the FEMA administrative unit that is the primary
contact for any disaster occurring within that geographical subdivision.
S. FEMA Sanctioned Traininq or Exercise: A training session or exercise that has
received FEMA sanction and is sponsored by an organization other than FEMA.
T. FEMA Sponsored Traininq or Exercise: A training session or exercise arranged
for and financed by FEMA, delivered either by FEMA or by another organization.
U. Federal CoordinatinQ Officer (FCO): The person appointed by the President to
coordinate the Federal disaster assistance activities in each State in which a
disaster or emergency has been declared.
V. Federal Response Plan (FRP): Pursuant to P.L. 93-288, and as amended, the
document that establishes the framework for the provision of Federal assistance to
a State and its affected local governments.
W. Incident Commander: The person, usually from the local jurisdiction, who is
responsible for overall management of an incident.
X. Incident Support Team (1ST): An element of the ESF-9 cell of the ERT that is
under the direction of the ESF-9 Leader (a FEMA Regional or Headquarters
employee acting as the authorizing official for ESF-9 expenditures). The 1ST is
responsible for the overall command and control of all National Urban Search and
Rescue Response System assets deployed for the incident.
Y. Mobilization: The movement of System assets to an incident.
Z. National Disaster Medical System (NDMS): A cooperative effort of the Department
of Health and Human Services (HHS), Department of Defense (000), Department
Page 5 of 13
of Veterans Affairs (VA), FEMA, and State and local governments and the private
sector that is designed to care for a large number of casualties resulting from either
a domestic disaster or an overseas war. The Public Health Services (PHS) heads
the program.
AA. National Urban Search and Rescue Response System (System): The Task
Forces, Incident Support Teams, Rapid Needs Assessment Team elements, and
other personnel and technical teams that respond to disasters or emergencies
under the direction and control of FEMA as Emergency Support Function 9 of the
Federal Response Plan.
88. Participatin~ A~ency: An entity with which the Sponsoring Agency has executed
an agreement to satisfy, in part, the Sponsoring Agency's responsibilities under this
Agreement.
CC. Point of Assembly (POA): Is the Miami Fire Rescue Training Center located at
3425 Jefferson Street, Miami, Florida 33133. However, this may change at the
discretion of the Task Force Leader.
DO. Point of Departure (POD): Is currently identified as the Homestead Air Reserve
Station (HARS) located in Homestead, Florida. However, this is subject to change
by FEMA or the Task Force Leader.
EE. Presidential Major Disaster or EmerQency Declaration: A determination of the
President that Federal assistance is needed to supplement State and local efforts,
and capabilities to save lives and protect property and public health and safety, or to
lessen or avert the threat of a catastrophe in any part of the United States.
FF. Rapid Needs Assessment (RNA): A pre-designated team of technical experts from
Federal, State and local emergency management agencies, alerted and employed
Page 6 of 13
under the command and control of FEMA to augment or supplement State and local
assessment capabilities.
GG. System: See National Urban Search and Rescue Response System.
HH. Task Force: An integrated collection of personnel and equipment meeting
standardized capability criteria, defined by FEMA, for addressing the special needs
of urban search and rescue.
II. Urban Search and Rescue (US&R): The process of searching for, extricating and
providing for the immediate medical treatment of victims trapped in collapsed
structures, regardless of cause.
IV. THE SPONSORING AGENCY SHALL BE RESPONSIBLE FOR:
A. Provi9in9 an administrative department, which shall be the City of Miami Fire-
Rescue Department, authorized to carry out the herein agreed upon responsibilities
of the Sponsoring Agency.
B. Recruiting, organizing, and coordinating trained members for the Task Force,
according to guidelines prescribed by FEMA to the best of their ability.
C. Registering and qualifying all medical personnel on the Task Force through U.S.
Public Health Service (PHS).
D. Implementing a system to maintain and account for the Task Force Equipment
Cache.
E. Providing administrative, financial, and personnel management for the Task Force
to the extent that funding is available.
Page 7 of 13
F. Assure all Task Force members have a FEMA recognized employment status.
G. Purchasing equipment with FEMA funding according to the latest Equipment Cache
List or other equipment deemed necessary to perform day to day operations of the
task force.
H. Ensuring all personal task force equipment issued to Task Force members remains
the property of the, Sponsoring Agency.
I. Notifying FEMA when there is a change in the deployment status of the Task Force.
J. Maintaining twenty-four (24) hour Task Force alert capabilities, including a 24-hour
phone number and point-of-contact. This is identified as the City of Miami Fire
Central Information Officer (FCIO) contacted through 305-579-6245 voice and 305-
579-6277 fax.
"
V. THE PARTICIPATING AGENCY SHALL BE RESPONSIBLE FOR:
A. Implementing a written policy and practicing a reporting procedure for Participating
Agency personnel, with the objective of notifying the Sponsoring Agency of
individuals responding from their organization to the Miami Fire-Rescue Training
Center when the Task Force is mobilized.
B. Faxing a list identifying deploying and non-deploying personnel from the
Participating Agency that are responding to the Miami Fire-Rescue Training Center.
The fax number is: 305-445-5183. This list shall be faxed within thirty (30) minutes
of the Task Force Activation and thereafter as changes are made.
C. Assuring Participating Agency personnel meet FEMA position description general
requirements and Sponsoring Agency specific minimum requirements prior to
submitting application for Task Force membership.
Page 8 of 13
D. Ensuring that Task Force personnel from their organization continue to participate in
training opportunities provided by the Sponsoring Agency to meet the knowledge,
skills and abilities for their primary position.
E. Providing and maintaining a current labor contract on file with the Sponsoring
Agency.
F. Providing a current benefit percentage calculation for regular and overtime and an
acceptable written justification of this percentage on file with the Sponsoring
Agency.
G. Task Force personal equipment issued by the Sponsoring Agency to the
Participating Agency team member lost, damaged, stolen or not returned when
requested, shall be replaced by and at the expense of the Participating Agency.
H. Withi~ thirty (30) days after the completion of a mission, the Participating Agency
shall provide payroll, time sheets and other administrative documentation identified
by the Sponsoring Agency for activated Participating Agency team members to
assure appropriate and timely reimbursement.
I. Extending workers compensation protection to their personnel while participating in
Sponsoring Agency sanctioned training or cache maintenance activities while on or
off duty.
J. Designating a primary coordinator and ensure this coordinator has an Electronic
Mail (e-mail) address to expedite distribution of US&R related information.
K. Assuring that the following baseline medical screening/surveillance items are met by
all rostered task force members:
a) Annual physical exam (per 29 CFR 1910.134)
b) Annual medical questionnaire with assessment by physician (per 29 CFR 1910)
Page 9 of 13
L. Notifying the Sponsoring Agency when a Task Force Member is unavailable for
longer than twenty-one (21) days due to injury, illness, departmental disciplinary
action or any other legal proceeding.
VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the pu~chase of Task Force equipment and
Task Force member training will be administered solely by the Sponsoring Agency.
B. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers
compensation or time related issues of the Participating Agency personnel other
than reimbursement from the Federal Emergency Management Agency.
C. Sponsoring Agency and Participating Agency are state agencies or subdivisions as
defi~ed in Chapter 768.28, Florida Statutes, and each party agrees to be fully
responsible for the respective acts and omissions of its agents or employees to the
extent permitted by law. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity may be applicable.
Nothing herein shall be construed as consent by a state agency or subdivision of the
State of Florida to be sued by third parties in any manner arising out of this
Agreement or any other contract.
VII. FINANCIAL AGREEMENTS
A. The Participating Agency shall pay their participating team members in accordance
with their local payroll requirements, labor contracts or any other relevant ordinances
or procedures of the Participating Agency.
B. The Participating Agency will be eligible for reimbursement from FEMA of personnel
costs associated with the activation. This will include the straight time wages plus
Page 10 of 13
benefits for all hours an activated team member is scheduled to work and overtime
plus benefits for all hours an activated team member was off duty during the
identified activation period.
C. The Participating Agency is eligible to hire overtime personnel on a one-to-one basis
to backfill for a deployed team member. Reimbursement shall be only for the
overtime portion of the salary of personnel used to backfill for activated team
members during the identified activation period. No benefit percentage shall be
calculated for backfill personnel.
D. All financial commitments herein are made subject to the availability of funds and
the continued mutual agreements of the parties.
VIII. CONDITIONS, AMENDMENTS, AND TERMINATION
A. The ~articipating Agency will not illegally discriminate against any employee or
applicant for employment on the grounds of race, color, religion, sex, age, or
national origin in fulfilling any and all obligations under this Agreement.
B. Any provision of this Agreement later found to be in conflict with Federal law or
regulation, or invalidated by a court of competent jurisdiction, shall be considered
inoperable and/or superseded by that law or regulation. Any provision found
inoperable is severable from this Agreement, and the remainder of this Agreement
shall remain in full force and effect.
C. This Agreement may be modified or amended only with the written agreement of
each of the parties.
D. This Agreement may be terminated by either party on thirty (30) days written notice
to the other party.
Page 11 of 13
. ,
E. This Agreement shall be considered the full and complete agreement between the
undersigned parties, and shall supersede any prior Memorandum of Agreement
among the parties, written or oral, except for any executory obligations that have not
been fulfilled.
F. This Agreement may be executed in several parts, each of which shall be
considered a valid Agreement, provided that each of the parties to this Agreement
has executed at least one (1) original copy of this Agreement and has transmitted a
copy of the signature page hereof to the other parties.
G. This Agreement will end on December 31, 2005, at which time the parties may
agree to renew the association. Renewal will be based on evaluation of the
Sponsoring Agency's ability to conform with procedures, training and equipment
standards as prescribed by FEMA.
IX. ATTACHMENTS
A. Participating Agency's Labor Contract, Personnel Pay and Benefits Schedule.
B. U.S. Public Health Service (PHS) /Specialized DMAT MOU.
C. FEMA Memorandum of Agreement (When Completed)
D. FEMA Code of Conduct
E. US&R Team Member Disciplinary Procedures (When Completed).
Page 12 of 13
ATTEST:
~k~
Nam!': Bav,rito
/!:;"City ~leTk .
Approved as to form and
legal sufficiency:
'K~
ir~' City Attorney
PREPARED AND APPROVED BY:
Assistant City Attorney
SPONSORING AGENCY
THE CITY OF MIAM
,"
BY:
Acting Director
PARTICIPATING AGENCY
NAME: ~ ~.<JL_ :a-
BY:
David Schmidt
TITLE:
Mayor
APPROVED AS TO FORM AND
CORRECTNE
MEMORANDUM
TO:
FROM:
MAYOR AND CITI COMMISSIONERS
CITI MANAGER ~
AGENDA ITEM # 9; .W REGULAR MEETING OF FEBRUARY 20,2007
RESOLUTION NO. 15-07
SUBJECT:
DATE:
FEBRUARY 16, 2007
The attached e-mail from the City Attorney and Ida Feld outlines how House Bill 529 would
adversely affect municipalities and their residents. Recendy we received a resolution from the Town
of Gulfstream in opposition to this Bill.
We have prepared a similar Resolution, No. 15-07, declaring opposition to House Bill 529 known as
the "Consumer Choice Act of 2007", and urging the Governor and the Palm Beach County
Legislative Delegation to oppose the bill.
Recommend approval of Resolution No. 15-07 declaring opposition to House Bill 529 known as the
"Consumer Choice Act of 2007", and urging the Governor and the Palm Beach County Legislative
Delegation to oppose the bill.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Res No 15.07 House Bill 52902,20.07,doc
Page 1 of2
Harden, David
From: Ruby, Susan
Sent: Friday, January 26, 2007 8:36 AM
To: Harden, David; bbmontague@aol.com; Fred Fetzer (FBFetzer@bellsouth.net); Jeff Perlman
(Delcommish@hotmail.com); Jon levinson Uonlev@bellsouth.net); Rita Ellis
(rita@climatecontrolservices.com)
Cc: Kathleen Daley (kdaley2000@aol.com)
Subject: FW: State of Florida HB 529
Please take note of this pending bill and the detrimental effects it may have for Cities.
Susan .Jl. 'Ruby
City Attorney
200 N. W. 1 st Ave.
Delray Beach, FI. 33444
Telephone: 561-243-7091
Facsimile: 561-278-4755
[Uby@ci,d.elraY.~beacbJI.,-Us.
From: Weaver, Jo
Sent: Friday, January 26, 20078:08 AM
To: Ruby, Susan; Shutt, Brian
Subject: FW: State of Florida HB 529
This came in through the City's website email.
Jo Weaver
From: I1a L. Feld [mailto:IFeld@broadlaw.com]
Sent: Thursday, January 25, 2007 3:33 PM
Subject: State of Florida HB 529
MEMORANDUM
To: Local Government Clients and Interested Communities
From: Ila L. Feld, Esq.
Date: January 25, 2007
Re: State of Florida HB 529
OnJanuary 23,2007, Representative Traviesa filed HB 529.The proposed bill eliminates local
government'sauthority to require franchises, licenses or any other form of agreement fromany provider of
communication or telecommunications services, including but notlimited to cable and video service providers,
using the public right ofway.
With respect to cable and video service providers, any provider seekingto provide service in the state after
Julyl, 2007, is required to obtain a certificate from the state. Such certificates shall be issued withinlS days of
2/16/2007
Page 2 of2
submission of a completed application or in the event that no actionis taken shall be deemed approved after 30
days.Providers operating under existing franchises may not obtain astate certificate until after the expiration of
the existing franchiseunless(a) another cable or videoservice provider is providing service within the franchise
area pursuant to astate issued certificate,(b) theprovider serves less that 40% of total subscribers in the franchise
area,or( c) the provider does not provide service to thelargest number of cable subscribers in the franchise area
as of July 1,2007.In such cases, the providermay terminate the existing franchise and obtain a state certificate.
Under the state certification scheme established by the proposed bill,local governments would be prohibited
from imposing requirements including butnot limited to fees, taxes, charges, build out requirements,
capacityrequirements, upgrades, reports, records, maps transfer of ownership orcontrol. The state would
requirecompliance with FCC customer service standards until there are two or moreproviders at which point
there would be no standards imposed. Local governmentsare required to accept customer complaints untilJuly I,
2009, at which time the responsibility willshift to the DepartmentofAgriculture.
The most significant loss to local governments may be with respect topublic, education and government access
channels. Certificate holders are only required todesignate a sufficient amount of capacity to allow provision of a
comparablenumber of channels or capacity equivalent to that which was used for at least 10hours per day under
the incumbent provider's franchise as ofJuly 1, 2007.Ifsuch use was not in effect as of July 1,2007, then within
12 months of receipt of a request, a provider must furnish upto three channels or equivalent capacity for a
municipality with a population of at least 50,000 and two channels or equivalent capacity for jurisdictions ofless
than 50,000.Note that the billproposes a maximum amount of capacity,nota minimum, and the language
requirescapacity rather than channels per se.Providers are not required to place any channelreclaimed by the
provider andsubsequently restored to the local jurisdiction on thebasic or analog tier.It is not clear from the
proposed languagewhether initial channels or capacity will be required to be located on the basictier of service.
Other issues of concern include the lack of mandatoryinterconnection requirement, prohibition against
requirements for any grants orin kind support and the limitation that connectivity is only required up to the first
200 feet from the cable or video transmission system.
The proposed bill clearly represents a substantial threat to localgovernment's authority over the public rights of
way and the virtual eliminationof benefits currently being provided by cable franchises to local
communitiesthroughout the state with the resulting financial impact.We strongly recommend to all
municipalities, counties and school boards in the state to contact your representatives inTallahasseeandvote
against this bill.
For further information please contact Matthew L. Leibowitz, Esq. atMLeib.Qwitz.@broadlaw.comor Ila L. Feld,
Esq.IFeld@broadlaw.com.Do not miss the opportunity to meet withstaff and officials from other jurisdictions
throughout the state at the 14thAnnual Telecommunications Law Local Government Workshop: Municipal
WiFi in 20070n February 6 inOrlando.For information on this eventvisitwww.MW07FL.comor
emailTfreeman@broadlaw.comto request abrochure.
THE INFORMATION INTHISTRANSMISSION IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THEDESIGNATED RECIPIENTS
NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-ClIENTCOMMUNICATION AND AS SUCH IS PRIVILEGED. IF THE READER OF THIS MESSAGE
IS NOTTHE INTENDED RECIPIENT NAMED ABOVE, YOU ARE NOTIFIED THAT YOU HAVE RECEIVED THISDOCUMENT IN ERROR, AND ANY REVIEW,
DISSEMINATION, DISTRIBUTION OR COPYING OFTHIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THISMESSAGE IN
ERROR,PLEASE NOTIFY THIS OFFICE IMMEDIATELY VIA TELEPHONE, AND DISCARD THE ORIGINALMESSAGE, THANK YOU
2/16/2007
RESOLUTION NO. 15-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, EXPRESSING OPPOSITION TO HOUSE BILL 529 KNOWN
AS THE "CONSUMER CHOICE ACT OF 2007" (H529), URGING FLORIDA
LEGISLATIVE REPRESENTATIVES TO REFRAIN FROM ANY FORM OF
SUPPORT OR CO-SPONSORSHIP OF H529 AND TO VOTE IN OPPOSITION TO
H529, REQUESTING GOVERNOR CRIST TO ADVISE THE HOUSE AND
SENATE LEADERSHIP THAT HE DOES NOT SUPPORT H529 IN ADVANCE
OF THE OPENING OF THE 2007 REGULAR SESSION, AND DIRECTING THAT
THIS RESOLUTION BE FORWARDED TO FLORIDA GOVERNOR CRIST, THE
PALM BEACH COUNTY LEGISLATIVE DELEGATION, THE MAYOR OF EACH
MUNICIPALITY IN PALM BEACH COUNTY, THE LEADERSHIP OF THE
PALM BEACH COUNTY LEAGUE OF CITIES, THE LEADERSHIP OF THE
FLORIDA LEAGUE OF CITIES, AND EACH MEMBER OF THE PALM BEACH
COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on January 23, 2007, Florida House Representative Anthony Traviesa introduced the Consumer
Choice Act of 2007 (H529); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, opposes the passage of H529 because:
· The bill prohibits municipalities and counties from negotiating terms and conditions from cable and video
service providers wishing to do business within the local governments' jurisdiction in the future;
· The bill deletes authorization for municipalities and counties to award cable service franchises and restrictions
that require cable service companies not to operate without such franchise;
· The bill designates the Florida Department of State as the authorizing authority for state-wide franchising of
cable and video service providers, but prohibits the Department from imposing build out, construction, and
deployment requirements on cable and video certificate holders;
· The bill requires the Department of Agriculture and Consumer Services to receive all customer servtce
complaints thereby eliminating citizen ability to seek remedy of complaints via their local government;
· The bill establishes requirements and limitations on municipalities and counties relating to access to public right-
of-way;
· The bill prohibits municipalities and counties form imposing any additional requirements on cable and video
certificate holders;
. The bill would deprive municipalities and counties of the authority to establish and maintain government owned
and operated networks, known as institutional networks, that may be utilized by first responders and other
government officials in the day-to-day management oflocal government business;
1
RES. NO. 15-07
· The bill would potentially reduce the amount of capacity which may be required by local governments to meet
their public, educational, and government "PEG" access needs, while stripping local government of the ability to
obtain capital support for the use of PEG capacity with the result that the communities' cable related needs and
interests may not be met;
· The bill would deprive local citizens of the ability to address the local issues, locally, by removing to the state all
customer service issues;
. The bill would ultimately preempt all local authority over the provision of cable and video services within the
community, including the ability of the local government to provide appropriate oversight to entities conducting
business within their jurisdiction and in the local public rights-of-way;
WHEREAS, for these reasons, the City Commission finds that it should oppose H529 and urges the Florida
Governor Crist, the Palm Beach County Legislative Delegation, the Mayor of each municipality in Palm Beach County,
the leadership of the Palm Beach County League of Cities, the leadership of the Florida League of Cities, and each
member of the Palm Beach County Board of County Commissioners to oppose H529; and
WHEREAS, the City Commission finds that this Resolution should be forwarded to Florida Governor Crist,
the Palm Beach County Legislative Delegation, the Mayor of each municipality in Palm Beach County, the leadership of
the Palm Beach County League of Cities, the leadership of the Florida League of Cities, and each member of the Palm
Beach County Board of County Commissioners to oppose H529.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, THAT:
Section I. For the reasons stated above, the City Commission of the City of Delray Beach, Florida, declares
its opposition to H529 and urges the Florida Governor Crist, the Palm Beach County Legislative Delegation, the Mayor
of each municipality in Palm Beach County, the leadership of the Palm Beach County League of Cities, the leadership of
the Florida League of Cities, and each member of the Palm Beach County Board of County Commissioners to oppose
H529.
Section II. The City Commission requests Governor Crist to strongly consider advising the leadership of
the House and Senate prior to the opening of the 2007 Regular Session that he does not support H529.
Section III. The City Commission hereby directs that this Resolution be forwarded immediately to urges the
Florida Governor Crist, the Palm Beach County Legislative Delegation, the Mayor of each municipality in Palm Beach
County, the leadership of the Palm Beach County League of Cities, the leadership of the Florida League of Cities, and
each member of the Palm Beach County Board of County Commissioners.
Section IV.
This Resolution shall become effective immediately upon its passage.
Passed and adopted on this the
day of
,2007.
MAYOR
A TrEST:
City Clerk
2
RES. NO. 15-07
MEMORANDUM
TO:
MAYOR AND CITI COMMISSIONERS
FROM:
CITI MANAGER
SUBJECT: AGENDA ITEM # - REGULAR MEET IN OF FEBRUARY 20 2007
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
FEBRUARY 16,2007
Attached is the Report of Appealable Land Use Items for the period February 5, 2007 through February
16,2007. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\AGENDA COVER MEMOS\Appealable Agenda Memos\2007 Appealable Agenda Memos\apagmemo 022007.doc
FROM:
DAVID~E~I ~ANAGER
PAUL DORLlNG, AIC
DIRECTOR OF PLAN Gi:ND ONING
JASMIN ALLEN, PLANNER . .aoh1A~ ~
MEETING OF FEBRUARY 0, 2007 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 5, 2007 THRU
FEBRUARY 16, 2007
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 February 5, 2007 through February 16, 2007.
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.
."7f.:'*""~~'l_'.~~EBROARYt12i"20~7JJ~;'i'~
No appealable items were considered by the Board. The following item which was considered
by the Planning and Zoning Board will be forwarded to the City Commission for action.
· Recommended approval (7 to 0), of a City initiated amendment to Land Development
Regulations (LDRs) Section 4.4.13, "Central Business (CBD) District," Subsection (F),
"Development Standards," relating to the Downtown Delray Beach Design Guidelines.
A. Approved (7 to 0), a second flat wall sign for Bru's Room Sports Grill, located on the east
side of Pineapple Grove Way, north of East Atlantic Avenue (35 Pineapple Grove Way).
B. Approved (6 to 0, Mark Gregory stepped down), a Class I site plan modification associated
with the installation of storefront awnings for Waggs to Riches, located at the northeast
corner of East Atlantic Avenue and NE 5th Avenue (505 East Atlantic Avenue).
City Commission Documentation
Appealable Items Meeting of February 20, 2007
Page 2
C. Approved with conditions (5 to 0, Connor Lynch and Andrew Youngross stepped down), a
Class IV site plan modification, landscape plan and architectural elevation plan associated
with the construction of 2,012 sq. ft. restaurant and 1,549 sq. ft. storage area for Delray
Beach Club, located on the east side of Ocean Boulevard, south of Linton Boulevard (2001
South Ocean Boulevard). Concurrently, the Board considered the following waivers and
special action:
· Recommended approval to the City Commission of a waiver to LOR Section
4.6.9(F)(3)(e)(1) which requires two handicap accessible parking spaces adjacent to a
valet queue area.
· Approved a reduction of the parking spaces by 9 spaces (from the required 55 spaces to
46 spaces) with the 46 parking spaces to be accommodated through the use of a valet
service, based on LOR Section 4.6.9(F)(1), which allows a parking reduction upon
receipt and acceptance of special documentation that demonstrates a reduced number
of parking spaces will accommodate a specific use and LOR Section 4.6.9(F)(3) which
allows the use of a valet service.
O. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural
elevation plan for Paradise Bank, located at the northeast corner of North Federal Highway
and Lake Avenue South (1351 North Federal Highway). The proposal is associated with the
demolition of an existing commercial structure and construction of a one-story 3,252 sq. ft.
branch bank. Concurrently, the Board approved a waiver reducing the stacking distance
from the first point of transaction for the one-drive thru lane from 100 feet to 90 feet.
1. Approved (5 to 1), a Certificate of Appropriateness associated with the partial demolition of
and major additions and alterations to a non-contributing structure located at 711 North
Swinton Avenue.
By motion, receive and file this report.
Attached: Location Map
CITY OF DELRAY BEACH, FLORIDA
City Commission Meeting -
FEBRUARY 20, 2007
,."
Q:
S
:i
'"
u
;t
0::
Q!j
L .30 CANAL
~
<S
:z
~
'"
Cl
~
LAKE
IDA
ROAD
i!:
::.
o
."
.,..-.,.-.,
I
I
"_,,_,,..J'''-''
~I' "_1'_"_"_1'
ATLANTIC
.,
L,,-,
~
w l!i
::>
... ...
i!: i!:
.., ...
51 ~ ~
~ u; u;
5
en s,w. 10TH
LOWSON BOULEVARD W
::>
...
8 i!:
~ ~
~ ~
u;
~
'"
!it
CIl
~
~
~
~
~
ST,
~
"
"-
~
~
"-
"-
~
>-
Q:
S
i
LINTON
BOULEVARD
L"_,,_,,
~
."
I
I
. I
L"....J
~
<S
:z
."
lfl
Q:
Cl
~
U
L.J8 CANAL
~
-,,-,,-,,- CITY LIMITS -,,-,,-,,-
SPRAB
A. BRU'S ROOM SPORTS GRILL
B. WAGGS TO RICHES
C. DELRA Y BEACH CLUB
D. PARADISE BANK
HPB
1. 711 NORTH SWINTON A VENUE
ONE MILE
GRAPHIC SCALE
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
FEBRUARY 2007
.. DIGITAL BASE MAP SYSTEM..
.--
MEMORANDUM
TO:
FROM:
MAYOR AND CITI COMMISSIONERS
CITI MANAGERm
AGENDA ITEM # g - REGULAR MEETING
AWARD OF BIDS AND CONTRACTS
F FEBRUARY 20 2007
SUBJECT:
DATE:
FEBRUARY 16, 2007
This is before the City Commission to approve the award of the following bids:
1. Purchase award to Americas Generators in the amount of$101,059.38 for the
purchase of a 565KW unit to replace the under capacity generator at the Police
Department. Funding is available from 334-6112-522-64.90 (General Construction
Fund/ Other Machinery/Equipment).
2. Purchase award to Wesco Turf Supply, Inc. in the amount $15,698.09 for the
purchase of one (1) Model #30361 Toro Groundsmaster 7200 Heavy Duty Zero
Turn Mower with 72" Recycler Deck via the Florida State Contract #515-630-06-1
for the Parks and Recreation Department. Funding is available from 001-4138-
572-64.90 (General Fund/Other Machinery/Equipment).
Recommend approval of the above bids and purchases.
S:\City C1erk\AGENDA COVER MEMOS\Bid Agenda Memos\2007 Bid Memos\BID Memo 022007.doc
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: POLICE DEPARTMENT GENERATOR PURCHASE
DATE: February 15,2007
Attached are two (2) quotes for the purchase of a generator to replace the existing undersized unit
serving the Police Department Headquarters building. The existing 240 KW generator at the PD
building does not provide adequate power to serve the entire complex in the event of primary
power failure. Based on the calculated 420 KW load for the complex, quotes were sought for an
equivalent 600 KW standby generator to provide adequate starting and surge capacity.
A recent competitive bid for utility system generators resulted in the receipt of a single response
from Americas Generators, Inc. Staff was not able to identify three vendors for quote solicitation
for the PD unit, therefore, this recommendation is based on quotes from Americas Generators,
Inc., and Pantropic Power.
Americas Generators proposes a 565 KW Triton generator, it's 600 KW equivalent, meeting the
specifications published for a delivered price of $101,059.38. Pantropic Power's proposal
includes a 600 KW Caterpillar unit for $176,703, excluding shipping.
This purchase is in advance of the generator upgrade project programmed in FY 2007/2008 which
includes the necessary building addition and expansion of the existing generator room to
accommodate the new larger unit. Prices proposed in the recent utility generator purchase
previously referenced were deemed to be very reasonable and it is considered prudent to take
advantage of the current pricing structure in the event future demand causes price increases as a
result of storm activity.
Staff is recommending purchase of the Triton generator from Americas Generators for
$101,059.38. If approved, Environmental Services will take delivery of the unit, store it in the
ESD compound, and maintain and exercise it until it is ultimately installed at PD. Excerpts from
the proposed PD generator expansion project are attached for reference. The current magnitude of
cost for that project is estimated at $210,750. excluding the generator.
Funding for this purchase is proposed from General Capital account #334-6112-522-64.90, Other
Machinery/Equipment, after budget transfer. Please place this item on the February 20, 2007
agenda for consideration by City Commission.
Cc: Doug Smith, Assistant City Manager
Larry Schroeder, Police Chief
Randal Krejcarek, P.E., City Engineer
~.y I
r
T~()
City of Delray Beach
Maintenance Division
To:
America's Generators
attn: Art Perez
From:
Robert Bullard
Maintenance Manager
434 South Swinton Ave.
Delray Beach, FLA 33444
Tel:
Tel:
(561) 243-7306
Fax:
305-592..eeeG
S""4 06
Fax:
(561) 243-7344
Please quote on the following to include delivery time, and all freight charges
600 kW generator and transfer switch to meet the following specs:
Generator:
600 kW ,2n/480 v 3 phase 4W
with protective enclosure
overlaod protection circuit breaker
remote alarm annunciator system
emergency stop push button
Engine instruments showing: engine water temp,.! oil pressure/oil temp
engine running hour meter/battery charging indicator/engine fault indicators
engine mounted radiator
Safety shutdown controls: low oil pressure,low water level, HigMow water jacket temp,
engine over speed, engine over crank
Residential grade silencer
Water jacket heater, 1500 watt minimum
Isochronous govenor
Batter charger(10 amp) ,Nickel cadmium batteries, battery rack cables and clamps
Control Panel: recessed fron panel, hinged : rubber isolator,AC voltmeter,ammeter,
dial type frequency meter, fuses, 3 position switch - manueVoff-resetlauto , battery charging
voltmeter,engine water temp. gauge, oil pressure gauge, DC circuit breaker,
Shut down indicators for alarms indicated above
1 year warrenty,5 year engine warrenty
1/17120070:00
~()
City of Delray Beach
Maintenance Division
To:
Americas Gennerators
attn: Art Perez
From:
Robert Bullard
Maintenance Manager
434 South Swinton Ave.
Delray Beach, FLA 33444
Tel:
Tel:
(561) 243-7306
Fax:
305-592-5900
Fax:
(561) 243-7344
Please quote on the following to include delivery time, and all freight charges
600 kW generator and transfer switch to meet the following specs:
Automatic transfer switch:
1200amp/3 phase/277/48Ov with 1200 amp service disconnect in Nema 3R enclosure
Switch position auxiliary contacts - (1) NC (1) NO
Selective load disconnect contacts with TO which operate before/after transfer
Pilot lights - green -switch in normal position
red-switch in emergency position
white - normal power avalible
amber - emergency power availble
7 day plant exerciser with or without load
test switch
in-phase moniter
remote test switch contacts
inhibit transfer to emergency contact
remote time delay by-pass switch contacts
load site ammeter
1/17/20070:00
AMEIDCASGENERATORSQUOTE
.i
Americas Generators, Inc.
8511 N.W. 61st Street
Miami, FL 33166
(305) 592-6800 FAX (305) 592-5900
QUOTE
CUST#: 10794
SHIP TO City of Del ray Beach
434 S Swinton Ave
QUOTE DATE I QUOTE NO,
01/18/07 I 10036565-00
PO,NO, I PAGE'
I 1
Delray Beach. FL 33444
SALESPERSON: Art Perez
CORRESPONDENCE TO Ameri cas Generators
8511 NW 61 st St
Miami. FL 33166
Tel 305.592.6800
BILL TO City of Del ray Beach
434 S Swinton Ave
Delray Beach. FL 33444
INSTRUCTIONS I Ex WOrks
Erica Tarafa I Mi ami
SHIP POINT I SHIP VIA I TERMS
Americas Generators I I Net 30
Tel 5612437306
Fax 561.243.7344
LINE I PRODUCT I QUANTITY I UNIT I AMOUNT
NO, AND DESCRIPTION QUOTED PRICE (NET)
1 559030 1 74374.15 74374.15
565 kW Perkins 3 Phase Diesel Generator SAE
Perkins 2306CE16TAG1 Engine
EPA Tier 2 Compliant Engine
Newage 12 Wires Reconnectable Alternator
Mainline Circuit Breaker
Deep Sea Control Panel 5210
Water Jacket Heater
Standard Fuel Tank
2 220015 1 499.00 499.00
277/480 V 3 Phase 60Hz High Wye
3 110029 1 199.99 199.99
Triton Battery Charger 12 Volt for X Series
4 220001 1 150.00 150.00
Labor for Installation of Battery Chargers
5 112006 1 250.00 250.00
Block Heater X Series for Gensets 101kW and Up
6 220002 1 125.00 125.00
Labor for Installation of Block Heaters
7 111115 1 179.99 179.99
Battery for 501kW and Up Gensets 80
8 990002 1 7820.00 7820.00
5 Year Extended Warranty
10 150209 1 17061. 25 17061. 25
1200 Amp Thomson Service Entrance ATS 3P 600Max V
ALL SALES ARE SUBJECT TO AMERICAS GENERATORS "TERMS AND CONDITIONS OF SALE".
ANY PURCHASE INDICATES EXPRESS AGREEMENT WITH OUR "TERMS AND CONDITIONS OF SALE".
NO RETURNS OR REFUNDS. 25% RESTOCKING FEE APPLIES TO ALL ORDERS CANCELLED PRIOR TO SHIPPING.
All orders require payment in full upon customer acceptance of quote.
It is the customer responsibility to communicate the required delivery date.
If no delivery date is indicated a default of 30 days from order placement will be used as the expected delivery date.
All equipment must be paid in full three working days prior to required delivery date. In the event a customer is not
prepared to receive their equipment on that date the following applies:
The equipment will be transferred to our storage facility and will remain in storage until customer is ready for delivery.
The following charges apply to these additional services: 1% of the price of generator(s) for loading, securing,
unloading, and insuring the equipment. $3.00 daily storage per generator. I
Continued
Americas Generators, Inc.
8511 N.W. 61st Street
Miami, FL 33166
(305) 592-6800 FAX (305) 592-5900
QUOTE
CUST#: 10794
SHIP TO City of Del ray Beach
434 S Swinton Ave
QUOTE DATE I QUOTE NO,
01/18/07 I 10036565.00
PO,NO, I PAGE.
I 2
Delray Beach. FL 33444
SALESPERSON: Art Perez
CORRESPONDENCE TO: Ameri cas Generators
8511 NW 61 st St
Miami. FL 33166
Tel 305.592.6800
BILL TO: City of Del ray Beach
434 S Swinton Ave
Delray Beach. FL 33444
INSTRUCTIONS I Ex WOrks
Erica Tarafa T Mi ami
SHIP POINT I SHIP VIA I TERMS
Americas Generators I I Net 30
Tel 5612437306
Fax 561.243.7344
LINE I
NO,
PRODUCT
AND DESCRIPTION
I QUANTITY I
QUOTED
UNIT
PRICE
I
AMOUNT
(NET)
9
Lines Total
Total Items Quoted
9 T ota 1
Freight Out
Invoice Total
100659.38
400.00
101059.38
ALL SALES ARE SUBJECT TO AMERICAS GENERATORS "TERMS AND CONDITIONS OF SALE".
ANY PURCHASE INDICATES EXPRESS AGREEMENT WITH OUR "TERMS AND CONDITIONS OF SALE".
NO RETURNS OR REFUNDS. 25% RESTOCKING FEE APPLIES TO ALL ORDERS CANCELLED PRIOR TO SHIPPING.
All orders require payment in full upon customer acceptance of quote.
It is the customer responsibility to communicate the required delivery date.
If no delivery date is indicated a default of 30 days from order placement will be used as the expected delivery date.
All equipment must be paid in full three working days prior to required delivery date. In the event a customer is not
prepared to receive their equipment on that date the following applies:
The equipment will be transferred to our storage facility and will remain in storage until customer is ready for delivery.
The following charges apply to these additional services: 1% of the price of generator(s) for loading, securing,
unloading, and insuring the equipment. $3.00 daily storage per generator.
Last Page
..~~
~1A~
~ THE POWER OF QUALITY
HP
SERIES
Power Range
kW
kVA
HP - 565
Standby
Prime
562 - 565
514 - 517
702 - 706
642 - 646
MODELS:
HP - 565
STANDARD EQUIPMENT
Open Set Model: GOHPW-565
. Skid with integral day fuel tank (non-UL)
. Deep Sea 5210 digital auto-start control panel
. Dry-type replaceable element air-cleaner
. Industrial muffler
. Battery, battery rack, and cables
. Fuel and lubrication oil replaceable element filters
. Stamford AVR brushless 12-wire reconnectable alternator
. Oil drain hand pump
. Vibration Isolators between base and set assembly
. Main Line Circuit Breaker for overload protection
. Belt driven charging alternator
. Guards for shielding all rotating parts
. Fuel cut-off solenoid and protection switches
. Radiator with pusher fan
. Operation and installation manuals
Sound Attenuated Set Model: HP-565
. Fully sound attenuated enclosure (equipped as open set)
. Powder Painted with finish that exceeds 1 OOO-hr salt test
. Rock wool insulation behind protective barrier
. Curved edges and minimum outside fasteners
. Single lifting point
Accessories Available for GO/GEHPW-565
Mechanical Accessories Offered
. Weather protective canopy (for Open Set)
. Road towing trailers to DOT standards
. Critical grade exhaust mufflers
. UL double wall fuel tanks to customer specification
. Oil field type skid
. Flexible exhaust connection for open sets
. Oil pressure and engine temperature gauges
. Extended warranty coverage above the standard one year
Generator End Accessories Offered
. PMG excitation for enhanced motor-starting
. Anti-condensation heaters in alternator
Electrical and Control Accessories Offered
. Automatic battery chargers 5 and 10 amp
. NFPA 110 controls and remote annunciator
. Analog instrumentation in lieu of digital
. Transfer switch and paralleling control panels
. Water Jacket Heater
. Remote control from PC via hard and/or wireless link
. GPS for mobile sets
. Digital Timer (Auto-start sets only)
Hel 544E
GENERATOR RATINGS
Standby Rating Prime Rating
Voltage Ph Hz kWlkVA Amps kW/kVA Amps
1201208 3 60 562 I 702 1,948 5141642 1,782
1271220 3 60 562 I 702 1,842 5141642 1,685
1201240 3 60 562 I 702 1,688 5141642 1,544
139 I 240 3 60 565 I 706 1,700 517 1646 1,556
277 I 480 3 60 565 I 706 851 517 1646 778
347 1600 3 60 565 I 706 680 517 1646 622
Alternator
Application Data
Manufacturer
Alternator Specifications
Newage Stamford Manufacturer
2806C E16TAG2
Type
Exciter type
Leads: quantity, type
Voltage regulator
Insulation:
MateriaL....................
Temperature rise..........
Bearing: quantity, type
Coupling
Amortisseur Windings
Voltage regulation, no-load to
full load
Unbalanced load capability
Load acceptance
Peak motor starting kVA:
480 V
480 V
4-pole, rotating field Engine model
Brushless, self excited. (PMG Engine type
option)
12, reconnectable Cylinder arrangement
Solid state, volts/Hz and excitation EPA Certification:
overload protection
Engine Mechanical Specifications
Perkins
4-cycle, Turbocharged After-
cooled
6 in line
TIER 2
Displacement, L (cu. in.)
15.8 (964)
140 x 171 (5.51 x 6.73)
15.9: 1
Class H
1500 C, standby Bore and stroke, mm (in.)
Single bearing sealed Compression ratio
615.6 (2,020)
Flexible disc Piston speed, m1min. (ft.lmin.)
Full Main bearings: quantity, type
:t 1.0% (with PMG) Rated rpm
:t 1.5% (with Self Excited)
100% of rated standby current Max. power at rated rpm, kWm
(BHP)
Per ISO - 8528 BMEP, gross, psi ( Bar)
(30% dip) Overall thermal efficiency
self-excited series 4 - 1685 kVA
PMG series. 3 - 2075 kVA
Engine Electrical Specifications
Engine Electrical System (24 Volt) 60 Hz
Battery charging alternator:
Ground (negative/positive).
Volts (DC).............,...........
Ampere rating.......,..........
Starter motor rated voltage (DC)
Starter motor rated kW:
Battery CCA rating:
Battery & qty, AH rating:
Battery Voltage (DC)
Negative
24V
70A
24V
7.7Kw
1400A
2 x 128AH
24V
Remote Radiator System
Exhaust manifold type
Connection sizes:
Water inlet 10 hose, mm (in)
Water outlet 10 hose, mm (in)
Charge air cooling (CAC)
Water inlet 10 hose, mm (in)
Water outlet 10 hose, mm (in)
Static head allowable above
engine, ft.Hz() (kPa)
Maximum CAC restriction HZ() in.
Not Available
Contact us for special cooling options
7, replaceable insert
1,800
615.9 (826)
377.1 (26.0)
39.0%
Exhaust Gas Flow, m'/min (cfm) 123.2 (4,351)
Exhaust gas temperature oC (OF) 464 (867)
Frequency regulation, no-load to full 0.25%
load
Governor: Type:
Make:
Standard:
Electronic Isochronous
Perkins
ISO 3046-4 c1assA1
Frequency regulation, steady state
:to.25%
Frequency
Fixed
Air cleaner type
Dry
Fuel Consumption 60 Hz
Diesel gal/hr (Uhr) Standby Rating
100% 38.3 (144.77)
75% 27.8 (105.08)
50% 20.8 (78.62)
25% 11.5 (43.47)
Diesel gal/hr (Uhr) Prime Power Rating
100% 34.6 (130.78)
75%
25.1 (94.87)
18.8 (71.06)
10.4 (39.31)
50%
25%
Application Data
Cooling Lubrication
Radiator Systems 60Hz Lubricating System 60 Hz
Ambient temperature, DC (DF) 46 (115) Type Full pressure
Engine jacket water capacity L (gal) TBA Oil pan capacity, L, (qt.) 60.0 (63.4)
Recommended lube oil API CG-4
Radiator system capacity, including engine, L (gal.) 50 (13.2) Oil pan capacity with filter, L (qt.) 68.0 (71.9)
Engine jacket water flow, Umin (g/min) 372 (98.3) Oil filter: quantity, type 1, cartridge
Heat rejected to cooling water at rated kW, dry 195.0 (11,092) Oil cooler Oil to water
exhaust, kW (Btulmin.) Nonnal oil temperature, OC(OF) 95 (203)
Heat rejected to charge cooler at rated kW, dry 175.0 (9,955) Ventilation and Air-Flow Requirements
exhaust, kW (Btulmin.)
Water pump type Centrifugal Air Requirements 60 Hz
Fan, kWm (HP) 20.9 (28.0) Radiator-cooled cooling air, m"/min. (scfm) 882 (31,148)
Air density kg/m" (ibmlft") 1.20 (0.075)
Max. restriction of cooling air, intake and discharge 62.2 (0.25) Heat rejected to exhaust, kW (btulmin) 466.7 (26,547)
side of radiator, Pa (in. H2O)
Within (under) 70dBA Heat radiated to surrounding air Engine: kW (Btu) 30.7 (1,746)
dBA LEVELS SOUND ATTENUATED ENCLOSED
@ 21 feet Combustion air, m"/min. (cfm) 48.0 (1,695)
Dimensions and Weights
Open Set Model: HP-665
Sound Attenuated Set Model: HP-665
Overall size, Lx W x H, mm (ins.)
4,000 x 1,300 x 2,320 Overall size, Lx W x H, mm (ins.)
Weight, radiator-mounted model, wet, kg (lb.):
Fuel Tank Capacity, L (US gal)
(157.5 x 51.2 x 91.33)
3,933 (8,670)
1,000 (264.5)
Weight, radiator-mounted model, wet, kg (lb.):
Fuel Tank Capacity, L (US gal)
4,500 x 1,800 x 2,440
(177.16 x 70.8 x 96.06)
5,275 (11,605)
800 (211.6)
r
TDO
1
r- w -1 14
c:::::::J
c:::::::J
H
1
c::::J
c::::J
1.- w -+1 14
L
.1
L
.1
NOTE: The drawings above are only representative of the overall dimensions. For full detailed installation drawings please consult your distributor.
RATINGS: Power fador three-phase is 0,8 and single-phase unity. Standby Ratings: Standby ratings assume Installation normally servacl by reliabla utility power, The standby
rating is available for vlIlYing loads for the length of the power outage. No overload is available with the standby rating. Ratings are in IICCOrdance with IS0-304611 and DIN 6271.
Prime Power Ratings: Prime power ratings assume no or unreliable utility power. For varying loads the generator set has unlimited operating hours. A 10% overload capacity is
available for any 1 hour in a 12 hour continous running period. Ratings are in acoordance with ISO-304611 and DIN 6271. Consult Himoinsa for limited running time and basil load
retings, Himoinsa reserves the right to change the design or specifications without notice and without any obligation or liability whatsoever. DERATION GUIDELINES: Altitude:
Derate 1.3% per 100 m (328 ft) elevation above 1000 m (3280 ft). Temperature: Derate 1.0% per 10"C (18"F) temperature above 40"C (104"F).
PANTROPIC POWER QUOTE
Pantropic Power, Inc.
ONf SOI/RCE - ONE CAll- ONE SOLIJTION'"
IWIw.pantropic.com
Spencer Chacon - EPG Sales Engineer
8205 N.W. 58 St. Miami, F1. 33166
P: 305.909.3259/ F: 772.474.4741
Date: 01-19-2007
Quote#: 06SC0036---- New CAT Model C-18
Ref: City of Delray Maintenance Division
434 South Swinton Ave.
Delray Beach, FL 33444
Ph(561)243-7306
Fax(561)243-7344
e-mail:
Milllli Fort Laudenlale West Palm Baacb Stuart FortMyars
8205 NW 58 Street 2501 State Road 84 5460 Okeechobee 80ulevard 272 N, Flagler Avenue 2471 Rockfill Road
Miami, FL 33166 Ft lauderdale, FL 33312 West Palm Beach. Fl 33417 Stuart Fl 34994 Fort Myers, FL 33916
305,592.4944 tel 954.797.7972 tel 561.640,0818 tel 772,692,3442 tel 239,337,4222 tel
305,477.1943 fax 954.791.7719 fax 561,640.7894 fax 772,692.9757 fax 239.337.4211 fax
Attn: Mr. Robert Bullard - Maintenance Manager
Below please find the proposal for the generator set requested.
Equipment is in accordance with the following sections only, as it specifically applies to generator set and
transfer switch e ui ment.
S ec Com liance:
Fax received on 01/17/2007
General Sco e of Su I
Q IlL
1 L
1
Date:
01/17/2007
Drawin
Descri tion
One (1) New Caterpillar Diesel Engine Generator set, Model C-18, Rated 600
KW Stand By, 60Hz, 1800 RPM, 277/480 Volts with the following
accessones:
. Tier 2 Capable, ACERT Technology
. ModularEMCP3.2ControlPanel-NFPA11O
. Panel Lights
. Dust Proof Control Panel
. One (1) 16 Light Remote Annunciator Panel- NFP A 110
. One (1) Local Annunciator Panel - NFP A 110
. Brushless 2/3 Pitch Random Wound Self Excited Generator
. Starting Batteries, Rack & Cables
. Battery Disconnect Switch
. Battery Charger; 24VDC, 10 A output. 120V AC, 1 Phase Input
. Local Horn Alarm
. Ground Fault Relay
. Earth Leakage Relay
. Speed Adjust Potentiometer
. Local PC Monitoring
. Wide Base
. Coolant level sensors
. Space Heaters
. Control GP Heater
. Generator Running Relay
. Common Alarm Shut Down
. 1200 amps TIM Circuit Breaker, with Shunt Trip, Aux Contact & Lugs
. Discrete VO Package
. 45 amps Charging Alternator
. Bottom Cable Entry Configuration
. Generator Test Report 0.8 pf
. Jacket water heater
. Spring type vibration isolators Qty: Eight (8)
. One (1) Remote Stop Breakglass Station
. Three (3) O&M Manuals
. Five (5) ear Facto Extended Warran
Cate illar All Weather Protective Enclosure wi Residential Grade Exhaust
Date:
Cost
$176,703.00
Included
FEATURES (SOUND ATTENUATED AND WEATHER PROTECTIVE)
Approved for use with Cat VL 2200 Listed generator set packages (which allows conversion of VL 2200
Listed open engine generator set package 10 a VL 2200 Listed enclosed engine generator selpackageJ.
. Durable weather-resistant enclosure
. 14 gauge cold rolled steel
. Environmentally friendly, polyester powder
baked paint enhances durability and
appearance
. Safety glass control panel viewing window Is
standard for easy monitoring of operation.
. Externally mounted emergency stop button
for safe operation
. Rust.free stainless steel hinges and locks and
zinc-plated hardware
. Radiator sight gauge provides easy verification
01 coolant level from the ground
. Lockable, gasketed doors provide secure
access to fuel fill. 0111111, coolant, and battery
. Enclosures designed lor spreader-bar lifting
to ensure safety
. Lube oil, coolant. and fumes disposal lines
terminated on the baseframe
. Exhaust silencing system housed within the
enclosure for operator safetY and meximum
product lite
. Weather protective enclosure oflersthree
levels of exhaust systems: Industrial,
residential, and critical grade.
. Enclosure design incorporates side-mounted
control panel and side cable access and
accepts a complete range of factory deSigned
and Insta lied attach ments
. Paint color: Caterplllaryellow~standard;
white, beige, & ASA61 gray - optional
. Optional skid base with dragging points and
fork pQ!::kets
. Optional Interior lighting system available
· Factory Installed
c@us
USTED
Genlll'atotSet
Standby Rating
so Hz-kVA
60Hz-oW
SOO
650
eoo
660
71)0
750
800
900
Weather Protective Enclosure
so Hz (1600 rpm) eo Hz 11800 rpml
Ambient- CC ('IF) Ambient. ~C ({ilfl
58 pp sa pp
~ mIl Sl11241 tllH21 eo 11401
49<120' 48 (1181 66 (1311 66 <133i
5311271 60 11221 61 112.c\ 4911201
49<1201 48(1181 69(1381 66(13H
4811181 47111'1 5811331 ~(1261
62 11261 50 {1221 50 (1221 49 (1201
5lIfl33' 54(1291 48fl18! 48(1151
50 (1221 48 (1201 NA NA
.Ambient measured with Caterpi1lar Extended lifa Coolant
ENCLOSURE DIMENSIONS
Dim_.ions.:
Length - mm (inch)
He, ht wlba.e mm IInchl
Width wfbaSEt - mm linch)
Approximote W.lghl of Paoluoge:
500 kVA/500 oW; - kg Ubi
800 kVA/llOO oW; lIbl
www.CAT-ElectricPl7Mtr.com
I
c@us a
~:=~4.~~\:~Ol USTED - e. ~==~~~::~t~:~i~\:Du~:ni~~~=i::~::
Twent (20) Al ha Nicad Cells wi Inter-cell Connectors HDVlOOP
Sens 'Intelligent' NiCad Batteries Charger NRG22-1O-RC, 24 Volts, 10
am s, with Alarmsl
ASCO, ATS 7AUSA31200N1XF, 31Z, 85L - SE rated 1200A, 3R Enclosure wi
Deluxe En ine Exerciser & Aux. Contacts, rated 277/480 V AC.
Start u , Training, and Building Load Test (if available)-
Included
Included
u.s. sourced
C 2000 Caterpillar
All rightll reH1Yed.
Printed in U.S.A.
20
1
Included
1
Included
Net F.O.B. Factory (freight prepaid to jobsite)............... ..$176,703.00 (Sales Tax notIncluded)
Exceptions / Notes
1. No specific specs received at the time of this quote, proposal based on fax provided on 01/17/07
2. Lead time is 26 weeks after order received and submittals approved.
Important: Quote does not include the following (unless otherwise specifically noted above in the General
Scope of Supply):
. Fuel, Fuel Piping, Fuel . Exhaust Equipment . Cables, Wires and
Venting Installation Conduits
. Fuel Equipment . Exhaust Pipe & Insulation . All Equipment Installation
Installation . Electrical Equip. . Engineering & Design
Installation . Engineering Drawings
. Installation Permitting &
Fees
. Foundation Concrete Pad
. Equipment Unloading
. Equipment Storing
. Equipment Rental
. Equipment Anchoring
TERMS: 90% payment due 30 days from date of invoice; Balance payment due prior to start up or 180 days
after invoice, whichever occurs. Sales tax has not been included in this quotation. CONDITIONS: Terms of
this sale are subject to credit approval @ Pantropic Power. Cancellations will not be accepted except on terms
that will indemnify Pantropic Power against any loss. Cancellation charges will apply to orders cancelled after
Pantropic's receipt of written release for production from Customer. Prices are valid for 30 days from quote
date. The conditions of this quotation become a part of any order resulting hereforth and any purchase order
submitted in response to this quotation, modifying, altering, or adding to these conditions shall not be binding
unless accepted by us in writing. There are no agreements, understandings, or stipulations relative to this
quotation other than those expressed herein. Quotation is subject to Standard Pantropic Power Products, Inc.
Standard Terms & Condition on reverse side.
Thank you for allowing us the opportunity to propose the above-described equipment.
PANTROPIC POWER PRODUCTS, INC.
Some of the features include:
DIESEL GENERATOR SET
C.TERPILLARe
Image shown may not
reflect actual paCkage.
FEATURES
FUEL/EMISSIONS STRATEGY
. EPA Certified Tier 2
UL 2200
. UL 2200 listed packages are available. Certain
restrictions may apply. Consult with your
Caterpillar dealer network
ENCLOSURES loptional)
. Sound attenuated
. Weather Protective
SINGLE-SOURCE SUPPUER
. Fully prototype tested with certified torsional
vibration analysis available
. Factory-designed systems built at Caterpillar ISO
9001:2000 certified facilities
WORLDWIDE PRODUCT SUPPORT
. Caterpillar</il dealers provide extensive post sale
support including maintenance and repair
agreements
. Caterpillar dealers fill 99.7% of parts orders within
24 hours
. Caterpillar dealers have over 1,798 dealer branch
stores operating in 200 countries
. The Cat@ 5.0.5'" program cost effectively detects
internal engine component condition, even the
presence of unwanted fluids and combustion
by-products
STANDBY
600 ekW 750 kVA
60 Hz 1800 rpm 480 Volts
Caterpillar is leading the power generation
marketplace with Power Solutions engineered
to deliver unmatched flexibility, expandability,
reliability, and cost-effectiveness.
_ CAT C18 Tier 2 ATAAC DIESEL ENGINE
. Utilizes ACERpM Technology
. Reliable, rugged, durable design
. Field-proven in thousands of applications
worldwide
. Four-stroke-cycle diesel engine combines
consistent performance and excellent fuel
economy with minimum weight
. Electronic controlled governor
. CAT@GENERATOR
. Matched to the performance and output
characteristics of Caterpillar engines
. 2/3 pitch minimizes harmonic distortion and
facilitates parallel operation
. Load adjustment module provides engine relief
upon load impact and improves load acceptance
and recovery time
. UL 1446 Recognized Class H Insulation
iii CAT EMCP 3 SERIES CONTROLS
. Three levels of controls to meet individual
customer needs:
- EMCP 3.1 offers basic engine/generator
monitoring, metering and protection.
- EMCP 3.2 provides comprehensive
monitoring,metering, and protection including:
power metering, protective relaying, and
MODBUS communication.
- EMCP 3.3 provides all of the EMCP 3.2 features
and adds the ability to expand the system for
advanced engine and generator monitoring.
. Segregated low voltage lAC/DC) accessory box
provides single point access to accessory
connections
FACTORY INSTALLED STANDARD & OPTIONAL EQUIPMENT
S em
Air Inlet
Standard
. Light Duty Air Cleaner
. Service indicator
o tional
. Single element canister type air cleaner
. Dual element air cleaner
. Heavy-duty air cleaner with precleaner
. Air inlet shutoff
. Self excited or AREP excitation
. Class H insulation
. Class H Temperature Rise
. Random wound
. R448 Voltage Regulator
. Power terminal strip connections
. 1P23 Protection
. Power Center
. Permanent magnet conversion for self.excited and
AREP generators
. Oversize and premium generators
. Three phase sensing
. Quadrature droop kit
. Digital voltage Regulator
. Space heaters
. RFI filter
. 80% & 100% Ul Breakers
. lEe compliant 3 or 4;)ole
. Floor standing circuit breakers with auxiliary contacts
& cabling kits
SPECIFICATIONS
l1li CAT GENERATOR
Frame size.... ...... ........................... ........ ......... ........... LC7024F
Excitation......... ..... .... ......... .............. ..................... ..............AR
Pitch..... ............... ............. ............... ................. ......... .... 0.6667
N umber of poles..... ........ .......... ..... ........ .... ........................ ...4
Number of leads................................................................. 12
Insulation....................... UL 1446 Recognized Class H with
tropicalization and anti abrasion
- Consult your Caterpillar dealer for available voltages
IP rating..........................................................Drip Proof IP22
Alignment........ ......... ........ ............... ........... ........... Pilot Shaft
Overspeed capability...................................... 125% of rated
Wave form deviation (Line to Line)................................. 2%
Paralleling kit droop transformer.......................... Standard
Voltage Regulation........... Less than +/- 1/2% (steady state)
Less than +1- 1120/0 (wI 3% speed change)
Telephone Influence Factor.............................. Less than 50
Harmonic distortion......................................... less than 5%
. CAT ENGINE
C18 Tier 2 ATMC, 1-6, 4-stroke watercooled diesel
Bore - mm..............................................145.00 mm (5.71 in)
Stroke - mm............................................. 183.00 mm (7.2 inJ
Displacement - L................................. 18.13 L (1106.36 in')
Compression ratio........................................................ 14.5:1
Aspiration..... .......... ......... ......... ......... . Air-to-Air Aftercoo led
Fuel system....................................................................MEUI
Governor type................. Caterpillar ADEM control system
.. CAT CONTROL PANEL
EMCP 3 Series Controls
24 Volt DC Control
EMCP 3.1 (Standard)
. Ul/CSA/CE
NEMA l,1P22 enclosure
. RunlAutolStop control
Lockable hinged door (option)
. True RMS metering, 3-phase
. Speed Adjust
Voltage adjust (optional)
. Digital Indication for:
-RPM
-Operating hours
- Oil Pressure
-Coolant temperature
- System DC volts
- L-L volts, L-N volts, phase amps, Hz
-ekW, kVA, kVAR,kW-hr, %kW, PF (*)
. Shutdowns
-low oil pressure
-High coolant temper.ature
-Overspeed
-Emergency stop
-Failure to start (overcrankJ
. Programmable protective relaying functions: (*)
-Under and over voltage
-Under and over frequency
- Reverse power
-Overcurrent
. MODUS isolated data link (RS-485 half-duplex) supports
serial communication at data rate upto 115.2 kbaud (")
(") Available on EMCP 3.2 & EMCP 3.3
Single location customer connector point
Consult your Caterpillar dealer for available voltages.
TECHNICAL DATA
Open Generator Set. - 1800 rpm/60 Hz/480 Volts
EPA Certified Tier 2
DM8518
47.4 m"min
5.34.6 .. C
135.4 m"min
203 mm
10.0 kPa
1673.9 cfm
994.3 " F
4781.6 cfm
8in
40.2 in. water
, Ambient capability at 300m (984 ft) above sea level. For ambient capability at other altitudes, consult your Caterpillar dealer. Air flow
restriction (system) is added to existing restriction from factory. Generator temperature rise is based on a 40 C (104 F) ambient per NEMA
MG1-32
· Generator temperature rise is based on a 40. C 1104" F) ambient per NEMA MGl-32.
· Emissions data measurements are consistent with those described in EPA CFR 40 Part 89, Subpart 0 8t E and 1508178-1 for measuring
HC, CO, PM, NOx. Data shown is based on steady state operating conditions of 77"F, 28.42 in HG and number 2 diesel fuel with 35" API
and LHV of 18,390 btuJIb. The nominal emissions data shown is subject to instrumentation, measurement, facility and engine to engine
wriations.
STANDBY 600 ekW 750 kVA
60 Hz 1800 rpm 480 Volts
C.l.TERPILLAR-
DIMENSIONS
Note: Do not use for installation design.
S. ee general dimension drawings for
detaillDrawing #2859356).
Cordially,
Spencer Chacon
Power Systems Sales Engineer
Pantropic Power Inc
(305) 909-3259 Ph
(772) 464-4741 Fax
PARTIAL PLANS, LOAD CALCULATIONS
~a
i
ia
,
,
ra
i
ia
i
,
!a
~
n::
o
z
OC)
--'Z
(IJ-
::10
a..--'
::)
C)CD
Z>-
~~
(l)lL.
-<(
[;](1)
---a"'---g-:
a a a a!
i
!
al
I
!
i
I
,
a'
~
i
a!
o
Wz
(1)0
0-
Q..~
00
0:::0
Q..<(
ai
l
i
a:
!
I
I
I
I
.1
I
I
_-1
,z
j
~
~
~
~.
"
~
SALL Y PORT
DID
~
~
~
NEW KOHLER 600kw DIESE~
GENERA TOR MODEL: 800REOZM
(SEE IdECH, OWG'S)
NEW 8~12 CONC. COlUMNS
WI TH NEW BEAM ABOIIE
(SEE SlRUCTURA~ OWG'S)
CUT EXPANSION JOINT
IN CORNER
NEW l.l'AMI-D~E ~R~VED
WAU. ~OUI/ER 72 ><60 )
(SEE MECH. 0 'S)
NEW MlAMJ-D~E ,"PRQIlED
WAU. ~OU\IER 9S ~90 )
(SEE IlECH. 0 '5)
NEW 6" DIA. STEEL
BOu.ARO 42" HIGH
(RLLED WI CONC.)
REMOIIE EXI~TlNG CURB &c
REPl.ACE W NEW CURB TO
1M TCH EX! TINe
~ ~'
,.
.~
";,
I'
~'
JAIL
STORAGE
l:IEJ
STORAGE
~
GENERATOR
ROOM
~
'"
I
,-1,
~ I
I '
, I
9
'Ii
"
""'"" >
ELECTRICAL
ROOM
rnrJ
EXISTING WAlL TO BE
DEMOUSHED
CUT EXPANSION JOINT
IN CORNER
OJ
E.Q.
.
o
'j
!:!
b
I
ia
I
@ XL~L_~_J
~
.
'i'~
n:li
n
@
~
UllET
. OWG'S)
c
I
r
I
L_____'_..._...'.'.
~
L
~-.-----__'-__'-_-.,---.u------..-----. J ......~- ......"'1 ......"'1
3- I ....../ I ............ I /...... I
k~___~~___~:___~
DClSllNG
PANEL uMOpu
,
I
L
EXISTING 75 KVA
TRANSfORMER
,,-----/1
1'\ /1
I '\ / I
1\/1
EXISTING
PANEL uLH1u
r<-::::---,
--
EXISTING EXISTING
PANEL "LL1" PANEL "LLlb"
r-:-:::::::-, ~:::::::-,
...... ~ ::::::
L__:::',.,J EXISllNG
EXISTING
PANEL UELS" PANEL "fUEL"
-- ,
L__:::',.,J J:"""-----, , ;
EXISTING 1'\ II I ;
PANEL "EUU, \ / lOOTING 4-5 KVA
I \\ /1 I TR~S~ORMER
I \ / I ;
L__.'IL__--l i
!
I
NEW 3 SETS Of 4 #600 MCM
& #3/0 EG, EACH IN 4" c.
NEW 1200 AMP AUTOMATIC
TRANSfER SWITCH
ENCLOSURE. WITH 1200 AMP
SERVICE DISCONNECT
~
I
~
NEW 2 SElS OF 4- #350 MCM
& /i1 EG, EACH IN 3" C.
r-~
EXISTING I / I
PANEL uEDP": / !
I ,
I
I' l
L J
EXISTING r 1
~ 3P I /I EXI!mNG
E~. M~IN l/ I P1'El "EH1U
r--, U . l.-l '
- - -' L--t--i
@REL CATE i
\ \
L -' EXlstnNG
,=; METtR
--0,
.EXlSlll
I:
it
:,
f ~
"
!L-/:
"
I'
,r
I
I
~ ~
II)
~ ~
~
~ ~
l!s ~ ~
! s. ;
I~ ~~ ~~
=- ~~~:
l!i -'... N<
~ ~~~:
s ~~ ~~
\,
~lI:
",,""
c:> "'!
.~
I;j...
2:i
0..
Cl
~
.
....J
W
Z
<(
0..
Z
o
i=
:;:)
Qj
~
tn ill
..JO
z
<
...
l!i
F
~
I
Gl
c
~
lE
~
~
cr
z
!;;;
~
l!s
~
~
\I
~ ~ ~
aD ~ ~
N ;;10
~ --
15
'"
! ~
::I ....
:::> <
~. '"
::18 9 I
I II .."1
~~ ~~
.....Q.. C"\I~
ll!'" frl5::
~I ~~
...J
W
Z
<(
0..
Z
o
F
:;:)
en
cr.
l-
(/)
I (5
:..J
I~
in.
'l!i
IF
'ii!
!~ :>
I!!! ~
CI 9<
'<:>..~...
'z"';::O: 1
'F ......ii1
W
9 \a
~ ~ ~ i;
'"
c:> ~ c:>
~ ~ 0(-
,.,
2:i
~
g
I ~ ~
i < ~
;;;~ i : I
~~gi ~ I~~
13:; I I~
~~H ~
la
I il ~ =1:
I ~ i Il~
i 8 !~
I .
I ~ I~I~
I ~ ~ ~
I 0..
i z 1i;! ~
I 0 ~ % i%
II S i~ i ....,
~ I I
I ~ III
! I
~
~
lS~
&ju
~~
.
~
Iii
~
i
..:
g
~
~
I
I
~ '~I I
r, i I
! I~ I ~III
~ ~~II !~i I !~II I! I'!
!;ilt:~;:: '01 I",:! I II
; o.~', 'I~ ~1~' i I . I I !
I ~~~~: .~I I ref) : ! I '.. , '.'
,w "li/!l. ".oJ' 1:l , : ! ' , '
; ~ ~ :'It ~ ~--r. : ---r--;-.-r-~0;
! Ii' ~::/ 8 'lli! .-1 . iNI i ! : ; I :
I" 1Ij )< "': ; I !, ",:::
AGENDA ITEM NUMBER:
'6. 'i1
AGENDA REQUEST
Date: February 15, 2007
Request to be placed on:
X Consent Agenda
Regular Agenda
Workshop Agenda
When:
February 20, 2007
Staff reauests Commission approval for the purchase of a 600KW aenerator unit to replace the
under capacity aenerator at the City's Police Headauarters Complex. The lowest of two auotes
was received from Americas Generators in the amount of $101.059.38. F.O.B. the City. Fundina is
provided in General Capital account #334-6112-522-64.90, Other Machinery/Eauipment after
budaet transfer. The aenerator will be maintained and exercised bv Environmental Services until it
is installed in FY2007/2008 with the buildina expansion proiect.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Department Head Signature:
2-1'$-0
Recommendation:
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 -!iiJ-~ No
Funding alternatives (if applicable):
Account Number:
33'1-6(12. -5ZZ t,q- 9iJ
l~ ILf{1cd1Af~ ~ QL1.;f
$/!}~ oJO cy'~ htL~~
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
&
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
~
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn Rooney) Purchasing Manager ~
THROUGH: Joseph Safford,~ce Director
DATE: February 14) 2007
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
FEBRUARY 20,2007 - PURCHASE OF ONE (1) TORO
GROUNDSMASTER HEAVY DUTY ZERO TURN MOWER
FROM WESCO TURF SUPPLY VIA FLORIDA STATE CONTRACT
Itel1\ Before Commission:
City Commission is requested to approve award to Wesco Turf Supply for the purchase of one
(1) Model #30361 Toro Groundsmaster 7200 Heavy Duty Zero Turn Mower with 72" Recycler
Deck via the Florida State Contract #515-630-06-1 for the total amount of $15,698.09 per the
attached requisition #132259 from Parks Maintenance.
Background:
The Parks and Recreation Department is in need of this mower for the Cultural and Facilities
Budget which includes Catherine Strong, Boy Scout Hut, Bexley Park and Cornell Park. This
Toro Grounmaster Mower Model #30361 is available from Wesco Turf Supply via the Florida
State Contract #515-630-06-1 for $15)698.09. This total reflects the Florida State Discount of
21% (-$4)172.91). The purchase order is to be issued to Wesco Turf Supply with shipment and
service to be provided by Hector Turf who is the local vendor in South Florida Area and has
agreed to extend the Florida State Contract pricing to the City of Delray Beach as shown on the
attached memo and quotation dated January 02) 2007.
A copy of the pricing schedule from the Florida State Contract #515-630-06-1 showing the
awarded contractors with the percent discount and instructions for ordering from the local
authorized servicing dealer is attached.
RecolIlUlendation:
Purchasing staff recommends approval for award to Wesco Turf Supply Inc. for the purchase of
one (1) Model #30361, Toro Groundsmaster 7200 Heavy Duty Zero Turn Mower 3280-D with
72" Recycler Deck via the Florida State Contract #515-630-06-1 for the total of $15,698.09 after
the 21% discount from the Florida State Contract. The purchase order is to be issued to Wesco
Turf Supply Inc. with shipment and service from the local vendor) Hector Turf. Funding from
account code 001-4138-572-64.90.
g. Y't
2007-01-2214:56
" 5612437166
P2/6
r,:-:, I,i\ ~~[Q) .,
1/ ,""\"'\\11: 0
__ I
'~l(ll NW mum ~mH r I UHIlFlELD IJEACIf. Fl33442
'I.:L.: (mi4) 4~~U':J"()O' FAX; (064) :J60-7Ilbl
January 2, 2007
Mr. Tim Simmons
City of Delray Beaoh
320 S. W. 4th Avenue
Delray Beach, FL 33444
Via Fax# 561.243-7269
Dear Mr. Simmons:
We are pleased to offer the enclosed quotation for your consideration.
The enclosed quotation is based upon your acceptance within thirty (30) days from
the date of this letter and is subject to manufacturer's availability and Florida State
Sales Tax (if applicable). OUf terms of sale are Cash on Delivery or upon credit
approval, Net 10 Days.
Thank you for the opportunity to provide you a quotation. lfyou have any
questions or require additional information please contact me at (954) 429-3200
Extension 310. We appreciate your interest and look forward to doing business
with you.
Sincerely,
HECTOR TURF
~~~r!~ {-5k
Account Representative
Government and Municipals
CF:jac
Enclosure
2007-01-221":56
>> 5612..37166
P5/6
1:101 N W 1111111) ~HIIHI , un IlI'H:'U) UEAGII.1'l3J442
I H: (1lPt4) 4~JU:J"'III) "-AX' (OMI Jllo.."ml
Quotation Provided for
City of Delroy Deaeb
January 2, 2007
1 ea
Model #
30361
escr t on
Toro Groundsmastcr 7200 Heavy
Duty Zero Turn Mower with:
- 28 HP Kubota Diesel Engine
- Direct P.T.O. Drive
- 72ttRecycler Deck
- 2 Year Limited Warrant
Florida State Contract Discount
Total
Unit Price
$19,871.00
Pricing per Florida State Contract # 515-630..06-1
Effective 5/17/06 - 5/16/09
Toro Protection Plus
lea I C329 I 36 Month or 1800 Hrs Comorehensive Plan I 614.00
1 ea I C439 I 48 Month or 2400 Hrs Comprehensive Plan I 820.00
Note:
)- Issue purchase order to Wesco TurCSupply, Inc.
>> Shipment and service via Hector Turf
~
Provided by: Chris Fordney
954-429-3200
AGENDA ITEM NUMBER:
<b.'/.2
AGENDA REQUEST
Request to be placed on: February 20, 2007
Date: February 14, 2007
xx Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval of award to Wesco Turf Supply Inc. forthe purchase of one (1) Model #30361 Toro
Groundsmaster 7200 Heavy Duty Zero Tum Mower with 72- Recycler Deck via the Florida State
Contract 1515-63D-06-1 for the Parks Maintenance Division for a total of $15,698.09. Total
price includes a 21 % discount from the Florida State Contract. The purchase order to be Issued
to Wesco Turf Supply Inc. with shipment and service to be supplied by Hector Turf who is the
local vendor in South Florida Area and has agreed to extend the Florida State Contracting
pricing to the City of Delray Beach.
NO
NO
ORDINANCElRESOLUTION REQUIRED:
Draft Attached:
YES
YES
Recommendation:
Approve award to Wesco Turf Supply Inc. for the purchase of one (1) Toro Groundsmaster 7200
Heavy Duty Zero Tum Mower with 72:' Recycler Deck via the Florida State Contract 1515-630-
06-1 for the total of $15,698.09. Purchase order to be issued to Wesco Turf Supply Inc. and
shipment and service to be provided from local vendor Hector Turf.
Funding from account code 001-4138-572-64.90
Department Head Signature: ~. ~ ~
" '\
Detennination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if appUcable):
Budget Director Review (required on all items iyvotying expenditure of funds):
", -<'? '2- f~ 6')
Funding available: Yes ~~ No
Funding alternatives:
Account Number:
(if applicable)
Account Description:
Account Balance:
City Manager Review:
Approved for ....:@4 No
FROM:
DAVID ~ARDEN, TY
PAUL~, AICP,
L~Y
CANDI N. JEFFER
of<
1M
TO:
THRU:
TOR OF PLANNING AND ZONING
SUBJECT:
MEETING OF FEBRUARY 20, 2007
CONSIDERATION OF A WAIVER REQUEST TO LOR SECTION 4.1.4 (C) WHICH REQUIRES
AGGREGATION OF LOTS UNDER THE SAME OWNERSHIP IF THE TOTAL FRONTAGE AND
LOT AREA IS LESS THAN THAT REQUIRED BY THE ZONING DISTRICT REGULATIONS.
THE WAIVER IS REQUESTED FOR PROPERTY LOCATED AT 1248 SEASPRAY AVENUE
WITHIN THE BEACH OVERLAY DISTRICT.
The applicant currently owns two adjoining lots of record that until recently had two single family structures on
them. One of these single family homes has recently been demolished and the applicant is now seeking approval
for new construction on the vacant lot. The vacant lot does not meet the minimum lot size, lot width and lot
frontage requirements required by LOR Section 4.3.4 (K).
Pursuant to LOR Section 4.1.4 (C), except for single family residences subject to the R-1-A (Single Family
Residential) zoning district standards, if two (2) or more adjoining lots (or combination of lots and portions of lots)
of record are under the same ownership and if the total frontage and the total area is equal to or greater than that
which is required by the zoning district regulations, said property shall not be developed except in accordance with
the minimum frontage and lot area requirements of the district. A waiver to this requirement may be granted by
the City Commission pursuant to the provisions of LOR Section 2.4.7 (B). This LOR section would require the
vacant lot of record to be combined with the adjacent lot and not allow construction of a new single family
structure. Thus, the applicant is seeking relief from that requirement via this waiver request.
The vacant lot proposed to be developed as a single family residence is zoned R-1-AAA and has the following
dimensions:
R-1-AAA Min. Min. Lot Min. Lot Min. Lot Min. Min, Min. Front Min. Side Min. Side Min. Max.
Lot Width Depth Frontage Floor Open Setback Street Interior Rear Bldg.
Size (ft.) (ft.) (ft.) Area Space (ft.) Setback Setback Setback Height
(so.ft. ) (sa. ft.) (%) (ft.) (ft. ) (ft.) (ft.)
Reouired 12,500 100 110 100 2,200 25 35 17 12 12 35
Proposed 11,330 80 141.61 80 3,959 25 35 N/A 12 12 35
As noted above, the lot does not meet the minimum lot size, lot width or lot frontage. A waiver is requested to
allow redevelopment of the lot as a single family residence, which has been its historic use through the summer of
2006. Pursuant to LOR Section 2.4.7 (B) (5), prior to granting a waiver, the approving body shall make a finding
that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Ooes not result in the grant of a special privilege in that the same waiver would be granted under similar
circumstances on other property for another applicant or owner.
Development of the subject lot will not adversely affect the neighboring area as the proposed use of the property is
consistent with its longstanding prior use. Likewise, it shall not affect existing or future provision of public facilities.
Because the proposed development is compatible with its surrounding residential uses, it will compliment the
existing infrastructure and shall not create an unsafe situation. Allowing development of the proposed single
family residence will not result in the granting of a special privilege, as the waiver would be granted for other
properties under similar circumstances.
g.ft
CC Report
Page 2 of 2
Granting the requested waiver will not have an adverse affect on the neighboring area, create an unsafe situation,
diminish the provision of public facilities or create a special privilege. Therefore, a positive finding with respect to
LDR Section 2.4.7 (8) (5) waiver findings can be made.
Approve the waiver request to provide relief from the Code requirement in Section 4.1.4 (C) from the requirement
to aggregate legal lots of record under the same ownership, based on positive findings with respect to LDR
Section 2.4.7 (8) (5) and consistency with the Comprehensive Plan.
Attachment:
Location Map
Waiver Justification Letter
Staff Report Prepared By: Candi Jefferson, Senior Planner
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 1248 SEASPRAY AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This waiver request has come before the City Commission on February
20,2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for 1248 Seaspray
Avenue. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I.
I. WAIVER:
Pursuant to LOR Section 4.1.4 (C), except for single family residences subject to the R-
1-A (Single Family Residential) zoning district standards, if two (2) or more adjoining
lots (or combination of lots and portions of lots) of record are under the same ownership
and if the total frontage and the total area is equal to or greater than that which is
required by the zoning district regulations, said property shall not be developed except
in accordance with the minimum frontage and lot area requirements of the district. The
applicant is seeking relief from that requirement via this waiver request.
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Would the waiver of Section 4.1.4(C) comply with the requirements of 2.4.7(B)(5)?
Yes No
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
1
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies _ the waiver requests to LDR Sections 4.1 .4(C).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 20th day of February, 2007, by a vote of in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
2
, \ \ I I
-1
~ CRESTWOOD DRIVE
g= \ I
n
J L- 0:::
I HMlMOND RO. ~
I >
>- W
...J
~ <( ::)
-1
<( I ~ DRI1 r
Q 0
HARBOR DRIVE HAR OR CD
1 0:::' V I---
~ ~
W lD I~
w 0:: 0 -
I- ~ <( U
z I :rr '1
w
> h -
<( ( L <(
I -
1 ~ .2
I r ISI Nn DRIVE "'l:
J U1 ju.;1
3:
w U
0::
0 0
z
.I. <(
( \~
7 (1- I
7 I BEACH DRIVE
r7 I ,
7
SEA SPRAY AVE.
- -1 I
- <(
I w I
~
1 I- z
w AIo.Jn{)WA AN~ 7
>
C/) o WATERWAY LANE <( c::
f.- a. z I
- ;;- I- 0 I-
<( ~ w :::;: c::
zz H ~ I
I-- 0:(0:( 0
Vl..J :J: t)
0 LAING 5T, '--
\ -,
u 7
f? rli M ~t<
<( )t7~ VIST A DEL MAR DRIVE
0:::' - j~~ I
l- V).,., I I I
IAI /F~ I
z /1
1
-
r 1 , I
CITY OF OELRA Y BEACH, FL
PLANNING'" ZONING DEPARTMENT
m SUBJECT PROPERTY
KNOBEL RESIDENCE
- 1248 SEASPRAY AVENUE-
LOCATION MAP
N
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LM996
E
ELIOPOULOS ARCHITECTURE, INC.
Architecture, Planning + Design
AA0003179
February 8, 2007
City of Delray Beach
Attn.: Ms. Candi Jefferson, Senior Planner
Planning and Zoning Department
100 N: W. 1st Avenue
Delray Beach, FI. 33444
Re: Knobel Residence
1248 Seaspray Avenue, Delray Beach 33483
Dear Candi:
Please accept this letter to request a waiver from the City Commission of our proposed project at the above
referenced address for the following item:
Item #1. We are requesting a waiver from Section 4.1.4 (C) which states: Except for single family residences
subject to the R-I-A (Single Family Residential) zoning district standards, if two (2) or more adjoining lots
(or combination of lots and portions of lots) of record were under the same ownership as of October 18,
1994, and if the total frontage and the total area is equal to or greater than that which is required by the
zoning district regulations, said property shall not be developed except in accordance with the minimum
frontage and lot area requirements of this district. Ownership shall be determined by the property tax rolls
on file in the Palm Beach County Property Appraiser's Office as of October 18, 1994. [Amd. Ord. 11-00
5/16/00]; [Amd. Ord. 78-94 10/18/94] (see attached site plan).
We are basing this wavier on the fact that this is an existing platted lot of record and up until the summer of
2006 had a single family residence on the site. The proposed project is still going to be used as a single
family residence with the exception of a cross access agreement with the property to the south, to allow for
garage access. It should also be noted that the proposed single family residence meets the current building
setbacks in the "Beach Property Owners Design Manual".
Should you have any questions or comments, please do not hesitate to call the office 561-276-6011.
y P. Elio oulos AIA, NCARB
ELIOPOULOS ARCHITECTURE, INe.
205 George Bush Blvd. . Delray Beach, FL 33444 . Phone: (561) 276-6011 . Fax: (561) 276-6129 . E-mail: GPE@AOL.COM
~
e
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
DATE:
fP Robert A. Barcinski, Assistant City Manager
February 13, 2007
FROM:
SUBJECT:
Agenda Item, City Commission Regular Meeting
February 20, 2007
Special Event Request, Delray Affair
Action:
City Commission is requested to endorse the 45th Annual Delray Affair to be held April
13 - 15, 2007, to grant a temporary use permit per LDR's Section 2.4.6 (F) for use of City
property and rights-of-way as requested, to waive LDR's Section 4.6.7 (E)(3)(c) to allow
signage to be installed more than one week prior to the event, to provide staff support as
outlined in the attached letter and permit, to allow event banners to be hung within the
site area, to allow all vendor permits to be assigned and approved by the Chamber of
Commerce, to allow this to be the only event held on these dates in the City, to waive
Special Event policies and set the payment for City services at a flat rate of $20,000.00.
BackeTound:
Attached is a letter and event permit received from Bill Wood for this year's Delray
Affair. Also attached are a basic site plan, budget, private security plan and proof of no-
profit status.
Staff has reviewed the attached request from the Chamber of Commerce for the Delray
Affair. We support the request with the following conditions:
1. Approve use of parks with the stipulation that the Parks and Recreation Director
has input concerning the events proposed on park property.
2. Allow banners to be placed within confines of the event site as may be approved
by the Community Improvement Director.
3. Allow signage for the event to be put up no earlier than March 23, 2007 versus
March 16, 2007.
U:\wwdata\Agenda\Agenda Item re Delary Affair 2007,doc
g.B
Estimated overtime cost for this event is approximately $61,530.00, stage rental is
$530.00 and barricade rental is $1,200.00. Per event polices and procedures the Chamber
of Commerce would be required to pay approximately $39,690.00 for City costs and
$1,200.00 for barricade rental. Due to the economic impact of the event the Chamber is
requesting that the payment for City services be a flat rate of $20,000.00. Last year the
Chamber paid $36,918.66, which included $1,200.00 for barricade rental.
The Palm Beach Post is an event sponsor.
Recommendation:
Staff recommends approval of the Chamber of Commerce's request with staff
recommended conditions, except for the reduction in the payment for City services to a
flat rate of $20,000.00, contingent on receipt of a Certificate of General Liability
Insurance, Liquor Liability Insurance, and Hold Harmless Agreement.
RAB/db
Attachment
U:\wwdata\Agenda\Agenda Item re Delary Affair 2007,doc
.'
:t....
....
i-
t!
t!
~
i
.j
~
January 10, 2007
RECEIVED
JAN 1 (; 2017
A~.,:)I~ TANT
CITY MANAGER
Mayor and City Commission
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mayor and Commissioners:
The De/ray Affair, celebrating its 45th anniversary In 2007, is scheduled for April 13,
14, & 15, 2007 and we would like to request your support once again.
We are very proud of the excellent reputation the event has earned over the last 44
years and we attribute a part of the success to the great relationship we have with
the City of Delray Beach.
The event has a significant economic impact of more than $30 million as measured in
our 1998 Economic Impact Study*, and from our 2006 survey we received an
overwhelming 86% rating of exceeding expectations*. It is our hope that these
surveys along with our long list of awards and designations received in the past, will
assist us in our effort to continue to attracting more tour groups and visitors to Delray
Beach during the Affair. .
In addition to being the "Signature Event" for Delray Beach, the Delray Affair is a
major contributor to the help of local and regional non profit and charitable groups as
well. Over 30 groups promote their cause andjor use booth space to earn revenue
for their cause. In addition five city departments are also given booth space to
promote the City and their respective departments. With this said, the Delray Affair
respectfully requests that the payment of overtime fees as outlined in the City's
Special Event Policy be waived, and the costs paid to the City be a flat rate of
$20,000.
In addition to the letter, an official City of Delray Beach Special Event Permit
Application has been filed with the City Manager's office and a copy is attached for
your review.
Please consider approval of the following Delray Affair items:
1. Endorsement by the City Commission as a City supported event;
2. Use of City parking facilities for entertainment and exhibitor parking at
Worthing Park, Veterans Park, the City lot behind Hand's, lot adjacent to
Vittorio's Restaurant on Federal Highway northbound just south of Atlantic
Avenue, and the chamber parking lot;
3. Use of all area within Worthing Park, Veteran's Park, exterior grounds of Old
School Square (please note that a separate request letter has been sent
directly to Old School Square and the owner of Atlantic Plaza);
4. Blocking off vehicular traffic and parking from:
West boundary: NW 1st AvenuejSW 1st Avenue
East boundary: Intracoastal Waterway
North boundary: NE 1st Street
South boundary: SE 1st Street
Additionally, blocking access to Atlantic Avenue from each side street in this
area from alley to alley and suspension of parking time restrictions;
continued on page 2
. ..... '.'
Delray Affair - Page 2
5. Provide City staff support with representation from Police, Fire, Streets, Engineering, Fleet
and Facility Maintenance, Community Improvement, Parks & Recreation, and City Managers
Office for planning and operation services;
6. Allow this to be the only Commission approved event during the Defray Affair time frame.
Allow all permits to be assigned by the Chamber of Commerce only, with the exception of
the Special Event Parking Lot Concessions;
7. Permission to erect signs promoting the event from March 16th through April 16th.
8. Permission to erect overhead banners within the confines of the Defray Affair site;
9. $20,000 flat rate paid by event to the City for staff overtimes costs, etc..
We sincerely appreciate all of the efforts of the City employees and look forward to a great Defray
Affair in 2007. We hope each of you will be a part of the festivities.
Yours truly,
&<-J~~--'
William J.' Wood
President
Attachment: Special Event Permit Application
cc: David Harden, City Manager
Robert Barcinski, Asst. City Manager
Chief Larry Schroeder, Police Dept.
Lt. Jeffey Goldman, Police Dept,fSpecial Operations
Chief Kerry Koen, Fire Dept.
John Tomaszewski, Asst. Fire Chief
Joe Weldon, Director of Parks & Recreation
Tim Simmons, Superintendent Parks Maintenance
Senovian Stephens, Asst. Superintendent Parks Maintenance
Jim Schmitz, Deputy Director Public Works
Harold Bellinger, Superintendent StreetsjTraffic
Orlando Serrano, Traffic Maintenance Supervisor
Lulu Butler, Director of Community Improvement
*Regional Research Associates, 1998; TouchPol1 South Florida, 2006
. <
,.a.. ";'"
. j
.
v
City of Delray Beach
Special Event Permit
Application
DELiA v BEACH
,
1993
2001
RECEIVED
JAN t 3 20D'
l"\;:'v.vfAN'1
CITY MANAGER
PLEASE PRINT
Event Approved/Denied Date of Approval/Denial
Approved/Denied by Title
1. Event NamefTitle: --12E-L J<..A- Y A-F F A--I fZ
2. Event Date(s. ):~ '113 \ J I I c: 2D"'" Evenl Ti~e(s): I .
t--l-frt .I ~ rJ t 0 I o. DOaYVL - ~' Wpm
10.
Event Sponsor/Producer: O1.f\'\.eYCe-
Event Contact/Coordinato'
Address: *' E ~ VlM.
Telep.hone Number: ~-I=3~~~Cellula Number: ~f)~-Io~<2K~
E-mail Address: _ .~___ t1Y4~. C42n:L---
Event Description: r + Y'tL t-S J <sire e. T .fl:f f1 V t1
45~ AnV\MtLl - C L~ + (111 ~ei- ,<;':p'la::hLV.e ~vud-s
(If neighborhood block party, then please skip questions #10-35 and go to
question #36)
Sponsor Category: (please check) City 0 Non-profit/Charitable)( Private 0
Co- Sponsor - Non-Profit/Private 0 (~) ctitP.. t(
(If Non-profit attach proof 1c 3), c(4), c(6), c(10) or c(19)) '501 c.. . che.
Location/Address: St- .e, S I Sf t4ve.
s r V\- ..fyt1LM*1 ~ I s+- Sf-
s+ ~ 0
I attached: no
(Site plan required for entire event site)
Event budget attached:
(Required for all events)
Serving or selling alcoholic beverages: yes if no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
Event certificate of insurance attached: yes no V
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(Traffic control/security)
3.
4.
5.
6.
7.
8.
9.
12.
yes
v
no
13.
14.
15.
yes
v'
,/
no
16.
yes
no
I
. '
, ,
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
17.
J
no
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes
Requesting barricade assistance : yes
Requesting trash removal/clean up assistance: yes
Requesting trash boxes and liners: yes
Requesting stage use: yes
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage D Half small
stage 0
Requesting signage: / yes ./ no
Type: Event sign (4'X4'~ ,.; Directional signs . ../
Banner hanging Indicate dates required..M.tUr..h , (p - frpri} \"
(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 150
yes
'v
v'
V
v'
no
no
no
no
no
v
Health Department approval: (see attached) yes
Other vendors: t..91/1 ~ ~Itn~ ~ yes
Tents: yes V
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval? /
yes no v
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
no
no
no
yes
no
J
J
33.
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall) /
Will there be cooking with compressed gas? yes v
(If yes, contact Fire Marshall)
Will you be providing port-a-Iets for the event? yes J no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event?
(If yes, indicate ticket prices)
Is reserved parking requested?
(If yes, indicate locations)
no
no
yes
no
V
/
34.
no
yes
2
35. Nei hborhood Block Parties Hei hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following:1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event. 3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way. 5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
e~ent.
J~lLAM
Event Contractor/Coordinator
Please print: .
}- ) 0 - D7
Date
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only
Date Received 1/ If' /D7
Site map //
Budget ~
Certificate of insurance
Hold Harmless agreement
Security plan
,,/~
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter 1/"-
Health Department approval
Fire Inspector approval
Police Department approval ......... /
Public Works approval /
Parks and Recreation approval .,./
City Commission approval
Application fee received $~t)t> ,40
3
.' .
i'~
00.
Ora
Ne
~CU
........,
<C .-
U-UI
U-cn
<Cc
> .-
~~
...1-
wc.
Q~
I
J
.
fJ
I i
I I
...
,
.
I :I
..1 I
t!l.
I
I f
I
! ~.
...
"
J
I ,
.. I I
a
fl....... J...
IS,
J J
1! ,
~ ~
4)
I J
'...........1...
I I
· J
I
I
i
..
t J
1 i
>J
,
2007 DELRA Y AFFAIR
April 13, 14, & 15
Proposed Budget
INCOME
EXPENSES
Entry Fees
Contract Services
Sponsorships
Merchandise Sales (other income)
$ 219,000
3,500
59,000
15,500
$ 297,000
Personnel-Administrative
Entertainment/Exhibitor/Photog raphy
Professional Retainer Fees
Waste Control & Disposal
Shuttle Bus Services
City Services
Security & Licenses
Equipment & Facility Rental
Sponsorship Sales/Recognitions
Event Signs & Banners
Advertising-Pri nt/lV /Rad io
Office & Administrative
Event Supplies & Purchase
Printing Expenses
Merchandise Sales Expense
$41,500
7,500
7,700
13,500
5,000
40,000
4,450
12,050
4,100
2,100
7,100
6,300
2,100
2,250
3,789
TOTAL REVENUE
TOTAL EXPENSE
$ 160,000
TOTAL SURPLUS
$135,000*
* Event surplus remains in Greater Delray Beach Chamber of Commerce Operating Budget to fund other chamber programs and
activities, including, but not limited to: Governmental Affairs, Tourism, Education and Joint Venture.
6:00 a.m. - 3:30 p.m.
10:00 a.m. - 6:00 p.m.
11 :00 a.m. - 4:00 p.m.
6:00 p.m. - 5:00 a.m.
6:00 p.m. - 5:00 a.m.
6:00 a.m. - 3:30 p.m.
10:00 a.m. - 6:00 p.m.
11 :00 a.m. - 4:00 p.m.
6:00 p.m. - 5:00 a.m.
6:00 p.m. - 5:00 a.m.
6:00 a.m. - 3:30 p.m.
12:00 noon - 6:00 p.m.
11 :00 a.m. - 4:00 p.m.
DELRA Y AFFAIR 2007
PRIVATE SECURITY DETAIL
Friday, April 13
Hand's Parking Lot
(monitoring VIP/merchant/employee/resident parking)
Beer Garden locations -locations at Swinton, N 4th Ave
and Atlantic Ave. at Palm Square
Atlantic Plaza (inside courtyard area and back parking lots)
Old School Square (overnight security)
Atlantic Plaza and Veteran's Park (overnight security)
Saturday, April 14
Hand's Parking Lot
(monitoring VIP/merchant/employee/resident parking)
Beer Garden locations -locations at Swinton, N 4th Ave
and Atlantic Ave. at Palm Square
Atlantic Plaza (inside courtyard area and back parking lots)
Old School Square (overnight security)
Atlantic Plaza and Veteran's Park (overnight security)
Sunday, April 15
Hand's Parking Lot
(monitoring VI P /merchant/employee/resident parking)
Beer Garden locations -locations at Swinton, N 4th Ave
and Atlantic Ave. at Palm Square
Atlantic Plaza (inside courtyard area and back parking lots)
,...-
-.-. 0.....' OIRI!:CTOR
. JaCkBOnVille, Flotida
p. O.~ ~ 35010
Aptil 26, 1967
b..,lr.n;r Beach Chmnber ot Commerce
64. S. E.-5th A'I7enue
D!!l.ray Bach" Florida 334-4.4
e
I. A. COO!
IN "1tf'LY Pllnll TO
Por-m L~179
434: PI>>( und
'JJ\.X:EO:67_l3O
,
,
S ECTIOH satrCl ( 6 J
ADDRESS INQUIRIES AND P'ILE. IH:l"URNS WITH
DISTRICT DIRECTOR OF INTI!:AHAL. REVENUE
Gentlemen :
Jackson'Ville, Florlda
"CCOUNTING PERIOD ENDING
DeCember 31
I
'1
;
I
i
,
On the basis of your slaled P"'po,e, and Ihe unde"tandJnq 1100' yo", operallon, will contJn"" a,
evidenced 10 dale or wJlJ conform 10 tho.. PCoposed in yo", rulJn. appllcollon, we have ooneluded
1100' \'au are e'.mpl/rom Federallneame 10, under the provi"on, o[ lhe In.ernal Revenue Code
section Indicated above. Any chanqes In operations from (hose dl?scrihed, or in your character or
purposes, must be reported Immediately to your District Dirp.clor for r:nnsiderotlon of their elfect
upon your exempt status. You must also report any chang.: in lOur name or address.
You are no' requl,ed 10 fib Federal income 10., ,.t"rn. '0 Ion. a, you rela!n an .;mmpt stah..,
unless Vou or. 'ublect 10 the to. on '''",la._oJ hU'ioe.. Jno"," imp,sed hy .eclion 511 a' . he CoJe,
in whIch even I you ore r..el';d 10 [He Form 990.T. Vou or.. ".aired to fj i e un Ja r ormaUna ret..n,
F"'m 990, aaaually an or belore (h. 15110 day ollhe W(h moo", 01.", lhe close 01 yo.. anaaal .
accountinq perJod IndIcated above.
You are J iob I. lor .he '0... imposed under I he f"ede,ol I "'",once Conirlb Ullon, Act ('oclal "curit y
10"'1: and lor 110. (a. Imposed "nder Ihe F.de",1 UnemplOYment To. ACI If You have foa, or m"'e
indivI'duals In your employ,
Any .ue'"on, concornlng ekclse, .mplaymen. or olher Fede"'ll"., ,hould b. 'ubm",.d (0 lhis
ofijce.
This Is a determInation letter.
~ ,.'
~ .' V.rgvtru~Y ycu.rs//! ~
/J ,.CZ~
t1; . OIDonnell, Jr..
.District Director
FORM L- J"19 '''-ul
".,- .- '--.i=~,._ "'-"""
~ .....#-<,:::-.d.~:J .:.........~:... .~~
~.. .... a,~..;;. ~--......:.......:. "1.'.... ;.J.. .
~ '"' { ',>;~-......_....,_.,.~u
..... "~. .,..- <t.~;:,,~~V.. ,~-':Y..,..
~. ";%j" ,P'. ~ ~,~. i :i.;s. ~... .".~,~...
':. .'. ...- ~'-;"-~ h",T -, -.... <::. .' -'.n.-
o "~~ ....~~'Y~.., ,'.1,.'1 _~
\J ~...".;.~ Iol......y
\ - ....'owV '.. .J
r\j
~ I..... .1.._.
r ,.,. .
r i:1gc I VI I
Beldowicz, Donna
From: Quinlan, Donna
Sent: Tuesday, February 13, 2007 9:26 AM
To: Barcinski, Robert
Cc: Beldowicz, Donna
Subject: LDR Section
Mr. B,
The LDR section on signs you were looking for is 4.6.7 (E)(3)(c).
Donna
2/13/2007
MEMORANDUM
TO:
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER Wt
AGENDA ITEM - REG LAR MEETIN OF FEBRUARY 20 2007
CM AT RISK CONTRACT /SOCCER COMPLEX/MILLER PARK PROJECT /FIRE
STATION #4 REPLACEMENT PROJECT
FROM:
DATE:
FEBRUARY 16, 2007
This item is before the Commission to consider approval of the Review Committee's rankings of the Request
For Proposals (RFP) for the Construction Manager (CM) At Risk Contracts for construction of the Soccer
Complex/Miller Park and Fire Station #4 Replacement Projects and authorize staff to proceed with contract
negotiations with the top ranked firms, The Weitz Company, for the Soccer Complex/Mill,~r Park Project; and
Catalfumo Construction for the Fire Station #4 Replacement Project. ..
On January 30, 2007, seven (7) responses were received and were initially evaluated by a review committee
based on the Phase I ranking criteria included in the RFP. A portion of the RFP is attached for your reference.
The initial rankings were as follows:
1. Catalfumo Construction Company
2. The Weitz Company
3. BSA Corporation
4. West Construction, Inc.
S. James B. Pirrle Construction
6. Gulf Building Corporation
7. Hewett-Kier Construction, Inc
Phase II of the evaluation process involved presentations to the review committee from the top four ranked
respondents which were scheduled for February 14, 2007, in the 1st Floor Conference Room. Presentations
were evaluated according to the Phase II criteria as included in the RFP (attached).
Based on the presentations by each of the short listed participants, the review committee finalized its rankings
as follows:
1. The Weitz Company
2. Catalfumo Construction Company
3. West Construction, Inc.
4. BSA Corporation
The Weitz Company did not submit for the Fire Station #4 Replacement project, while Catalfumo
Construction Company submitted for both Parks and Fire Station projects. The Weitz Company is considered
the highest ranked respondent for the Soccer Complex/Miller Park Project, and Catalfumo Construction
Company is the highest ranked respondent for the Fire Station #4 Replacement Project.
Recommend acceptance of the review committee's rankings and authorization for staff to enter into
negotiations for preconstruction services with The Weitz Company for the Soccer Complex/Miller Park
Project and Catalfumo Construction Company for the Fire Station #4 Replacement Project.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\CM at Risk Contract Soccer Complex Miller Park Fire St 402.20.07.doc
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
www.mydelraybeach.com
TO:
David T. Harden, City Manager
Richard C. Hasko, P .E., Environmental Services Director ~
FROM:
SUBJECT:
SOCCER COMPLEX/MILLER PARK
FIRE STATION #4 REPLACEMENT CM AT RISK RFP
DATE:
February 14,2007
Responses to the City's Request For Proposals (RFP) for a Construction Manager (CM) at Risk
contract for construction of the Soccer Complex/Miller Park and Fire Station #4 Replacement
projects were received on January 30, 2007. A total of seven (7) responses were evaluated and
ranked by a review committee consisting of Environmental Services staff. Responses were initially
evaluated according to the Phase I ranking criteria included in the RFP (attached). The rankings of
responses resulting from the Phase I evaluation process were published to respondents on February 7,
2007, and were as follows:
1. Catalfumo Construction Company
2. The Weitz Company
3. BSA Corporation
4. West Construction, Inc.
5. James B. Pirtle Construction
6. Gulf Building Corporation
7. Hewett-Kier Construction, Inc
Phase II of the evaluation process involved presentations to the review committee from the top four
ranked respondents which were scheduled for February 14, 2007, in the 1 st Floor Conference Room.
Presentations would be evaluated according to the Phase II criteria as included in the RFP (attached).
Based on the presentations by each of the short listed participants, the review committee finalized its
rankings as follows:
1. The Weitz Company
2. Catalfumo Construction
3. West Construction, Inc.
4. BSA Corporation
The Weitz Company did not submit for the Fire Station #4 Replacement project, while Catalfumo
Construction submitted for both Parks and Fire Station projects. On that basis, The Weitz Company
is considered the highest ranked respondent for the Soccer Complex/Miller Park project, and
Catalfumo Construction the highest ranked respondent for the Fire Station #4 Replacement project.
On the foregoing basis, staff is requesting that City Commission accept the rankings of the review
committee as outlined above and authorize staff to negotiate preconstruction services CM fees with
The Weitz Company for the Soccer Complex/Miller Park project, and with Catalfumo Construction
for the Fire Station #4 Replacement project.
Please place this item on the agenda for the February 20, 2007 meeting for consideration by
Commission.
Cc: Joe Weldon, Parks & Recreation Director
Kerry Koen, Fire Chief
Randal Krejcarek, P.E., City Engineer
PHASE I RANKINGS
-
=
<U
e
<U
c:.I
=
"S.
~
~
:;t:
rIJ.
r-.
~
~
...
=
~
...
<U
-
~
<U
"S.
e
~
u
...
<U
c:.I
c:.I
~
rIJ.
f~
t,)aaM""""\Ot'v)Nv
O~
'0
..
~~O\\Oon""\ON\O
._ u M ('f"') ...... - """" M N
~rLl
=
~
;("I")......\OVif:"'-.~N
==
iI
=
';]
=
EMN\OV)"l::t......r---
.c:
...
-
=
...
N
~ .!! r-- N "" on \0 .... M
la I::l
I~
= .~
t =
8.~MN\Oonr--....""
rLl "
;;~
=
'0
.;:
:a e
'::l
IN......-nr:-\OV(''f')
;;
=
~
t
"
.~ .... "" \0 r-- N on M
~
;:; 0 oZ
i:: USUO
ii: Zf::Zf::
~~~~ U
UOU~ ~
~~~~ ~
Z<ZlO~O f::
~S~O~~~
~U~~~-<~
~~~~~~O~
~~5 '~uo
O:;ji:Q~<ZlNU
~E-<~~~bf;;
~00~~~~
....
1:1
~
e
~
CJ
=
Q.
~
~
=1:1::
00.
~
~
.::.::
...
=
~
...
~
-
~
~
Q.
e
o
u
...
~
CJ
CJ
o
00.
j """ QO ~ l'- '-0 - .,.,
'"
... l'- l'- .,., '-0 .,., l'- l'-
:::
-;
.5
'"
I:
; ~ - M :1; """ <'I 0
QO '-0 l'- QO '-0
.c:l
.::l
=
...;l
~ N
... ~ QO 0 l'- <'I~ ~
I: is .,., ~ l'- '-0 '-0 ~ QO
'c
=--
= .;
t I:
Q 4.> ~ M - .,., 0 """ QO
... ;; """ .,., """ """ """ .,., """
<I:l ...
0; ~
=
"Cl
:~ e
"Cl
I: 4.>
- ... <'I l'- <'I l'- 0 <'I ~
'"
.!! QO QO '-0 .,., '-0 l'- l'-
0;
=
,.:.=
t
... """ """ .,., <'I M 0 .,.,
.~ QO l'- '-0 .,., QO l'- l'-
t
::.::
~~ """ - 0 <'I .,., QO '-0
Q .- <'I l'- '-0 .,., l'- ",,"<'I
E-<rf. """ '<I" M M M """ """
=,.:.=
f I: """ - '-0 l'- .,., <'I M
4.> ...
O~
E 0 ~ 0 ~
U U
~ z E= ~ E=
0 u
E= ~ ~ u
E= ~
u 0 u
~ ~ ~ r;r., z.
~ ~ ~ 0
r;r., 0 r;r., u E=
~ u Z ~ ~ U
" U ~
U ~ ..:: ~ <:
0 0 ~ ~
0 ~ r;r.,
:::l ~ z
~ 5 ~ ~ a:i 0 0
u
0 r;r., ~ u
u ~ ~ ~ ~ .....
<: ~ r;r.,
r;r., <: 8 ~ <: ~ ~
= u -.
PHASE II RANKINGS
....
=
cu
e
cu
c:.J
=s
-
c.
~
~
~
00.
~
~
..::.Ii
100
=s
~
100
cu
-
~
cu
"S.
e
Q
u
100
cu
c:.J
c:.J
Q
00.
<=
.:.l <Xl M N .,.,
'"
OIl r-- r--a- r--
=
-;
=:
.;;
=:
OIl M a- r-- <Xl
e \C \C \C \C
-=
..
...
::l
...:l
Zl !oil 0
II M <Xl M
=: i:5 CO a- 0 a-
'S ...
i:l.
...
= ";
t =:
<= .. r-- 0 a- N
.. .-; r-- a- <Xl <Xl
r:I:J OIl
-; ~
::l
-=
:~ E
-=
=: ..
... ... <Xl ... r-- M
'"
~ <Xl a- CO CO
-;
=
.:.l
t
OIl <Xl .,., \C r--
.~ <Xl r-- <Xl CO
t
~
... '"
OIl ... r-- \C ... CO
... =: r-- a- N CO
<= .-
E-o~ '<t '<t .,., '<t
=.:.l
f =: '<t N ... M
.. OIl
OCl:
e 0
.. u
1i: z
0 u
E=:
u ~
~ ~ ~
Vl E=:
z ~ u
E=: 0 ~
~ U
0 ~
0 :::21 Vl
i:l.. ~ 0 Z
~ u 0
0 ~ ~ U
U E-<
<r: Vl
on -<: ~ ~
i:C U
E~M""""M
Oel:
"Cl
$ ..
f.c~
.- ...
~oo
M r--- f' ("'f')
_ 1"""'1"""_
~
;~-.::t-M
::=
~
r::l
';j
r::l
e~""Ml"l
.c:
...
-
=
..<
.llI t:; -.::tN-('f')
r::l is
~
~
~ ";
t r::l
8 .~ ~ .... l"l M
00 '..
'ii~
=
:sl
.~ E
"Cl
r::l ~
....
J! l"l-M~
'ii
~
.llI
t
..
.;; - V M N
t
~
...
=
~
e
~
C.l
CIl
-
=-
~
-.:r
~
00-
~
~
..::.:: 0
... E
CIl U
=-- f.i:; :z
... 0 U
~ E:
- ~
- U
....
~ ~ .
:z~ ~
- o:z>-u
Cl. E:o:z~
e ~u~~
= oo~t;:;
U ~::Eo:Z
... o~u8
~
C.l U~~E-<
C.l
= ~E-<~~
00- CI)~ ~
i:QU
CITY OF DEL.RAY BEACH
REQUEST FOR PROPOSALS
CONSTRUCTION MANAGEMENT AT
RISK SERVICES
for
SOCCER COMPLEX / MILLER PARK
FIRE STATION #4
RFP NO. 2007-15
MAYOR
VICE MAYOR
DEPUTY VICE MAYOR
COMMISSIONER
COMMISSIONER
CITY MANAGER
JEFF PERLMAN
RITA ELLIS
FRED B. FETZER
JON LEVINSON
BRENDA MONT AGUE
DAVID T. HARDEN
ENVIRONMENTAL SERVICES DEPARTMENT
434 S. SWINTON AVENUE, DELRA Y BEACH, FLORIDA 33444
REQUEST FOR PROPOSALS (RFP)
SOCCER COMPLEX / MILLER PARK
FIRE STATION #4
RFP NO. 2007-15
FOR
CONSTRUCTION MANAGEMENT (CM)
AT RISK SERVICES
TABLE OF CONTENTS
TO THE REQUEST FOR PROPOSALS FOR
CONSTRUCTION MANAGEMENT (CM) AT RISK SERVICES
SOCCER COMPLEX/ MILLER PARK/FIRE STATION #4
RFP NO. 2007-15
NOTICE ADV - 1
REQUEST FOR PROPOSAL RFP 1-11
SUBMITTAL FORMS SF 1-13
EXHIBITS
SOCCER COMPLEX
SITE LOCATION 1.1
SITE PLAN 1.2
FLOOR PLAN 1.3
EAST ELEVATION 1.4
WEST ELEVATION 1.5
MILLER PARK
SITE LOCATION 2.1
SITE PLAN 2.2
MIRACLE LEAGUE FIELD 2.3
SOCCERCOMPLE~LLERPARK 3.1
PROGRAM SCHEDULE
FIRE STATION #4
SITE LOCATION 4.1
SITE PLAN 4.2
FLOOR PLAN 4.3
CONTRACT A 1-25
PERFORMANCE BOND PRB 1-4
FLORIDA PAYMENT BOND PYB 1-3
LIMITED POWER OF ATTORNEY LPAl
CERTIFICATE OF SUBSTANTIAL CSC 1-2
COMPLETION
WARRANTY OF TITLE WTl
FINAL RECEIPT FR-l
GENERAL CONDITIONS GC 1-66
SPECIAL CONDITIONS N/A
NOTICE
CONSTRUCTION MANAGEMENT (CM) AT RISK SERVICES
SOCCER COMPLEX / MILLER PARK / FIRE STATION #4
RFP NO: 2007-15
REQUEST FOR PROPOSALS
Sealed proposals for Construction Management at Risk Services for the City of Delray Beach will be received by the City of
Delray Beach, Florida at the office of the Purchasing Manager, 100 N. W. 1 st Avenue, Delray Beach, Florida 33444, until 3 PM on
January 30, 2007. 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 Department receiving clock located in the Finance office.
The proposers will be submitting proposals to provide Construction Management at Risk Services with a Guaranteed Maximum
Price.
This RFP solicits interest for multiple City projects planned for 2007, including:
1. Project Number 2004-051: Improvements to a new Soccer Complex at the former Atlantic High School site on Seacrest
Blvd., including the construction of a 3800 square foot, two story restroom, and concession stand along with
improvements to the existing soccer fields. Field improvements include fencing, sports lighting, regrading, grassing,
drainage, and irrigation. In addition there is miscellaneous paving, sidewalk:, landscaping, plaza construction and
pavement marking and signage. The estimated construction cost is $ 2,200,000
2. Project Number 2006-052: Reconstruction and expansion of parking and recreational facilities at Miller Park located on
SE 4th Avenue south of Linton Blvd., including the refurbishment ofa portion of the existing baseball complex. The
work includes construction of a new Miracle League facility including ball field and restroom! concession stand, a new
300' baseball field, three new 225' baseball fields, concession/restroom! pressbox building, eight batting cages, warm-up
pitching mounds and pitch wall, sports field lighting, parking/walking lighting, two automobile parking lots, landscape
and irrigation improvements. The estimated construction cost is $6,000,000
3. Project Number 2006-016: Demolition and reconstruction of Fire Station #4 at the northeast comer of Lake Ida Road
and Barwick Road, including the demolition of an existing damaged structure and construction of a new fire station,
including a three-vehicle, 4,320 square foot apparatus bay and an approximate 5,500 square foot fire/rescue facility with
offices, fitness center, dormitory, dining and food preparation areas. The estimated construction cost is $ 2,500,000.
The City, at it's sole discretion, may award a contract for multiple proj ects, contracts for individual projects, or withhold award for
individual projects.
Selection of fmalists for interviews will be made on the basis of construction manager qualifications, including experience and
ability as detailed in the RFP. A public meeting of the City Selection Committee will convene at 3 PM on February 6, 2007, in the
1st Floor Conference Room at City Hall, 100 NW 1st Avenue, Delray Beach, Florida, 33444, to review and discuss phase I
rankings of respondents. Public presentations by a minimum of the top three ranked respondents will be held between 9 AM and
12 PM on February 14, 2007, in the 1 st Floor Conference Room at City Hall.
At the time of proposal submission, respondent must be properly certified and licensed in the State of Florida and/or Palm Beach
County, as applicable, for the purpose of performing the specified work.
All RFP's shall be submitted with an original and seven (7) copies in sealed envelopes/packages addressed to the Purchasing
Manager of Delray Beach, Florida, and marked "SEALED PROPOSAL FOR SOCCER COMPLEX/MILLER P ARKIFIRE
ST AnON #4". Request F or Proposal packages may be obtained from www.DemandStar.com (800- 711-1712) or the Purchasing
Office, City Hall, 100 NW 1st Avenue, Delray Beach, Florida. Call Purchasing at 561-243-7163 to ensure sufficient supply.
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.
Dated:
Published:
Palm Beach Post
Jacklyn Rooney
Purchasing Manager
ADV - I
Construction Management at Risk Services
Soccer Complex / Miller Park / Fire Station #4
RFP No. 2007-15
INTRODUCTION
Parks projects proposed in this RFP include improvements to the City's proposed Soccer Complex
at the former Atlantic High School site on Seacrest Boulevard, and reconstruction of recreational
facilities at Miller Park on SE 4th Avenue, south of Linton Boulevard.
Soccer Complex Improvements (Project No. 2004-051) include the construction of a 3800
square foot, two story restroom/concession stand along with improvements to the existing
soccer fields. The new building will be prefabricated modular construction as provided by
Royal Concrete Concepts, Inc. Field improvements include fencing, sports lighting,
regrading, grassing, drainage, and irrigation. In addition there is miscellaneous paving,
sidewalk, landscaping, plaza construction and pavement marking and signage. The estimated
construction cost is $ 2,200,000
Miller Park Improvements (Project No. 2006-052) include the refurbishment of a portion
of the existing baseball complex. The work includes construction of a new Miracle League
facility including ball field and restroom concession stand, a new 300' baseball field, three
new 225' baseball fields, Concessionlrestroom/pressbox building, eight batting cages, warm-
up pitching mounds and pitch wall, sports field lighting, parking/walking lighting, two
automobile parking lots, landscape and irrigation improvements. The construction budget is
$6,000,000
It is the City's intent to award a single Construction Management at Risk contract for the Soccer
Complex and Miller Park Improvements.
Also included in this RFP is the replacement ofthe City's Fire Station #4 at the northeast comer of
Lake Ida Road and Barwick Road.
Fire Station #4 Replacement (project No. 2006-016) includes the demolition of an existing
damaged structure and construction of a new fire station, including a three-vehicle, 4,320
square foot apparatus bay and an approximate 5,500 square foot fire/rescue facility with
offices, fitness center, dormitory, dining and food preparation areas. The estimated
construction cost is $ 2,500,000.
The selected Construction Management firm( s) will function as a General Contractor responsible for
publicly bidding trade contracts, scheduling and coordination, and the successful, timely, and
economical completion of the Project(s). The selected Construction Manager(s) (CM) will provide
preconstruction and construction services and will be responsible for constructing the facility
pursuant to a guaranteed contract price.
RFP-1
Construction Management at Risk Services
Soccer Complex / Miller Park / Fire Station #4
RFP No. 2007-15
A. INSTRUCTIONS TO PROPOSERS
1. Firms desiring to provide services, as described herein, shall submit their response to this
RFP in a sealed envelope with one original (clearly marked) and seven (7) copies (a total of8
copies). Responses must be received no later than 3 PM on January 30, 2007, to the
attention of:
Purchasing Manager
100 NW 1 st Avenue
Delray Beach, FL 33444
2. Proposers must indicate on their response envelope the following:
Project Name (all projects included in response)
Project No. (all projects included in response)
Date of Submittal -
Name of Proposer
Return Address of Proposer
3. The time and date for receipt of responses will be scrupulously observed. The proposer
shall assume full responsibility for timely delivery at the location designated for receipt of
responses.
4. All responses will be opened and reviewed at a later date by the Selection Committee.
Responses received after the specified time and date shall be returned unopened.
5. Respondents are instructed not to fax their response. Faxed responses will be rejected
as non-responSIve.
6. Questions concerning this Request for Proposal must be directed in writing no later than
3 PM on January 22, 2007, to Richard C. Hasko, P.E., Environmental Services Director,
City of Delray Beach, 434 S. Swinton Avenue, Delray Beach, FL. 33444, FAX (561) 243-
7060 via fax or mail.
7. No oral interpretation ofthis RFP shall be considered binding. The City will be bound by
information and statements only when such statements are written and executed under the
authority ofthe City. Any interpretation, clarification, correction, or change to this RFP will
be made only by Supplement. Written instructions regarding discrepancies, omissions or
unclear intents will be sent to all Proposers who have listed their name with the City.
Interpretations, corrections or changes made in any other manner will not be binding, and
Proposers shall not rely upon such interpretations, corrections or changes.
8. Prior to submission of its Proposal, each Proposer shall ascertain that it has received all
Supplements issued. The Proposer shall acknowledge receipt of all Supplements by
completing the acknowledgment space provided on the Proposal Certification Form.
RFP - 2
Construction Management at Risk Services
Soccer Complex / Miller Park / Fire Station #4
RFP No. 2007-15
B. TERMS AND CONDITIONS
1. Rejection of Proposals - The City reserves the right to reject any and all Proposals, and/or to
re-advertise, to waive any irregularities, informalities or technicalities therein, to negotiate
Contract terms with the successful Proposer, to disregard all non-conforming,
non-responsive, unbalanced or conditional Proposals, or to accept any Proposal which in the
City's sole judgment will best serve the public interest. The City reserves the right to cancel
the award of any Contract at any time before the execution of said Contract by all parties
without any liability against the City. In consideration of the City's evaluation of submitted
Proposals, the Proposer, by submitting its Proposal, expressly waives any claim to damages,
of any kind whatsoever, in the event the City exercises its rights provided for in this
subsection.
2. The City reserves the right to request clarification on information submitted from one or
more respondents after the deadline for receipt of responses.
3. Any response may be withdrawn until the date and time set above for the submission of
the responses.
4. Costs of preparation of a response to the RFP are solely those of the Proposer and the
City assumes no responsibility for any such costs incurred by the Proposer.
5. The Proposer understands that the RFP does not constitute an agreement or contract
with the Proposer, and no contract rights or remedies shall be deemed to have accrued to
Proposer herewith.
6. Any Proposer who submits in its Proposal any information that is determined by the City,
in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect may
be disqualified from consideration.
7. Failure of any Proposer to comply with this RFP, may render the response non-
responsive and ineligible from further consideration.
8. The Proposer warrants that it has not employed or retained any company or person, to
solicit or secure this Contract where the Proposer has agreed to pay a fee, commission,
percentage, gift or other consideration contingent upon or resulting from the award of this
Contract.
9. The Construction Manager and its subcontractors of any tier regulated by the Florida
Construction Industry Licensing Board or the Construction Industry Licensing Board of Palm
Beach County shall be properly qualified and licensed/certified by the appropriate Board or
Boards as required by Florida Statute Chapter 489, prior to the issuance of the Notice to
Proceed. The Proposer is required to have an active State Contractors Certification or an
active Palm Beach County Certificate of Competency at time of Proposal submittal. Any
Proposal which is submitted by a contractor, who is not properly licensed/certified at the time
the Proposal is submitted, will be rejected as non-responsive.
RFP - 3
Construction Management at Risk Services
Soccer Complex / Miller Park I Fire Station #4
RFP No. 2007-15
10. The Construction Manager, subcontractors of any tier, and specialty contractors must
have a valid City occupational license, except where provisions ofF.S. 205.065 apply.
11. Each Proposer by making his/her proposal represents that:
a. As provided in Florida Statute 287.133(2)(a) 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 Proposal on a contract to provide any goods or services to a public
entity, may not submit a Proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit proposals
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 ofthe threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list. By entering into this
contract or performing any work in furtherance hereof, the Construction Manager
certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)
(a).
b. The Proposer must be an equal employment opportunity employer.
c. The Proposer does hereby declare that it is the only person or persons interested in
said Proposal; that it is a genuine Proposal not made in the interest of or on behalf of
any undisclosed person, firm or corporation and is not submitted in conformity with
any agreement or rules of any group, association, organization or corporation; that it
is made without any connection with any person submitting another Proposal for the
same Contract; that this Respondent has not directly or indirectly induced or solicited
any other Respondent to submit a false or sham Proposal; that the Proposal is in all
respects fair and without collusion, fraud, or mental reservations; that no official of
the County or any person in the employ of the County is directly or indirectly
interested in said Proposal or in the supplies of Work to which it relates, or in any
portion of the profits thereof; and that Respondent has not sought by collusion to
obtain for itself any advantage over any other Proposer or over the City.
12. Bond and Insurance Requirements
a. Within 5 days of establishment of Guaranteed Maximum Price and prior to
construction, the successful Proposer shall furnish to the City, on forms provided by
the City the following:
1. Payment and Performance Bonds in the Amount of 100% ofthe GMP Price.
2. Form of Guarantee
RFP-4
Construction Management at Risk Services
Soccer Complex / Miller Park / Fire Station #4
RFP No. 2007-15
Such Payment and Performance Bonds shall incorporate by reference all of the terms
and conditions of the Contract Documents, including but not limited to the
Contractor and Surety's obligation for liquidated damages as well as Surety's
acknowledgment regarding any and all provisions addressing or regarding "no
damages for delay", as provided for in the General Conditions.
b. The Surety Company, in addition to the above requirements, shall be currently listed
with the United States Department of Treasury for an amount greater than the
contract amount.
c. The successful Proposer shall require the attorney-in-fact who executes the required
bonds on behalf of the Surety to affix thereto a certified and current copy of his
Power of Attorney, reflecting his/her authority as Power of Attorney in the State of
Florida.
d. If Construction Manager obtains bonds from any Subcontractor, the City shall be
named as a dual obligee.
d. Insurance Requirements - The successful Proposer shall furnish to the City
certificates of insurance evidencing the existence of current valid, and binding
insurance policies for the limits and coverage in accordance with the requirements
delineated in the General Conditions, where such insurance is to be provided by
Construction Manager, or as otherwise modified within the Contract Documents,
together with a declaration of deductible amounts applicable to each type of
insurance provided, acceptable to the City. The successful Proposer shall work
with the City and provide all documents or information requested by the City in the
event the City wishes to use a Master Contractor Insurance Program,
Municipality Controlled Insurance Program, Owner Controlled Insurance Program or
a Contractor Controlled Insurance Program.
C. PROPOSAL SUBMITTAL REQUIREMENTS
1. The contents of the proposal submitted by the successful Proposer will become part of
the contractual obligations.
2. It shall be understood that it is the intent of the City to insist that those indicated as a
part ofthe CM's team actually execute the project.
3. Proposers must submit this required information for each project included in the response.
Failure to submit and completely fill out any or all of the required forms may result in the
rejection of the proposal (see Paragraph I).
a. Respondent Checklist
b. Proposal Certification Form
RFP - 5
Construction Management at Risk Services
Soccer Complex / Miller Park / Fire Station #4
RFP No. 2007-15
c. Related Experience: List the projects which best illustrate the experience ofthe firm
and staffwhich will be assigned to this proiect. List no more than ten (10) projects, or
projects which were completed no more than five (5) years ago. Provide a secondary
list of all projects in Florida which exceed $5 Million in cost, started in the past 5
years (Page SF-3). Provide the following information for each project listed:
(separate sheet for each project)
1. Name and location of the project.
2. The nature of the firm's responsibility on this project including project
delivery method.
3. Provide the name, address, phone number, and e-mail address of an owner's
representative and architect's representative who can be contacted to provide
a reference.
4. Size of project (dollar value and square footage of project).
5. Construction cost (original GMP and final construction cost).
6. Present status of the project; Date project was completed or is anticipated to
be completed.
7. Key professionals involved on listed project who would be assigned to this
project.
d. Pre-Construction Services Staff: Includes management, technical and support staff.
Provide a project organizational chart. Give a brief resume of key persons to be
assigned to the project including, but not limited to: (, separate sheet for each person)
1. Name and title.
2. Current project assignments and percentage of time for each.
3. Percentage oftime to be assigned to this project.
4. How many years with this firm? Other firms?
5. Experience: Types of projects, size ofprojects (dollar value & square footage
of project), and job assignment.
6. Education and Registrations.
7. Other experience and qualifications that is relevant to this project.
8. Office location.
e. Construction Services Staff: Provide an organizational chart and resume of
the on-site staff to be assigned to the project including, but not limited to: (separate
sheet for each person)
1. Name and title.
2. Current project assignments and percentage oftime for each.
3. Percentage oftime to be assigned to this project.
4. How many years with this firm? Other firms?
5. Experience: Types of projects, size ofprojects (dollar value & square
footage of project), and job assignment.
6. Education and Registrations.
7. Other experience and qualifications that is relevant to this project.
RFP - 6
Construction Management at Risk Services
Soccer Complex / Miller Park / Fire Station #4
RFP No. 2007-15
f. Project Management Services:
1. Describe the capabilities of your firm to provide the technical services
required for: Design reviews, budget estimating, value engineering,
constructability analysis, construction scheduling, quality control (design &
construction), cost control, claims management, and project close-out.
g. Location of Offices:
1. Provide address of each office from which staff may be assigned to this
project, and list total number of employees by job function.
h. Claims and Litigation History
1. List all claims, arbitrations, administrative hearings, lawsuits or criminal
proceedings brought by or against firm during the last five (5) years. The list
shall include the name of the project over which the dispute arose; and a
description ofthe amount in dispute and the subject matter ofthe dispute, the
caption and case number of the claim, arbitration, administrative hearing,
lawsuit or criminal proceeding and the court in which the matter was brought.
D. SELECTION PROCESS
1. The purpose of the rating procedures is to equitably judge the responses to the Requests for
Proposals. Each response will be scored and evaluated by the Selection Committee using the
procedures outlined herein.
2. The selection process consists of two phases of evaluation and scoring.
a. The Selection Committee will review and score each proposal. A minimum of three
top ranked proposers will be short-listed and invited to interview with the Selection
Committee. Proposers will be notified in writing if their firm has been qualified for
Phase II of the evaluation and selection process.
b. The second phase of the evaluation and selection will only be for the Proposers who
are selected from the first phase ofthe evaluation. The short-listed firm's interview
will consist of a presentation to the Selection Committee followed by a question and
answer period.
3. Each category will be scored and when the scores awarded for all categories are totaled,
the scores will be tabulated and added to achieve the Total Points awarded to each firm. The
Total Points awarded to each firm will be ranked 1,2,3,4, etc. with the highest point total
ranked 1, the next highest points total ranked 2, etc. The ranking of each firm will be
tabulated from each Committee Member and combined with other Committee Members to
determine the total score for the firm.
RFP - 7
Construction Management at Risk Services
Soccer Complex / Miller Park I Fire Station #4
RFP No. 2007-15
E. SCORING CRITERIA FOR SUBMITTALS - PHASE 1 (SHORT LIST PROCESS)
1. The Scoring Criteria is made up of the categories that collectively represent a Grand Total
Point Value of 100 points, as described herein. The points indicated below as "Points
Possible" are the maximum that can be allocated for each category. The point value shall be
the basis of establishing a finalist list of the top ranking proposals.
EVALUATION CATEGORIES
POINTS POSSIBLE
1.
2.
3.
4.
Related Project Specific Experience
Pre-Construction Services Staff
Construction Services Staff
Location of Offices
40
25
25
10
GRAND TOTAL OF POINTS
100 POINTS
a.
CATEGORY 1 Related Project Specific Experience
Possible
40
Points
Scoring Criteria: Major consideration will be given to the successful completion
of projects comparable in design, type, and scope, the recommendation of previous
Owners and Architects, and other similar factors.
b.
CATEGORY 2 Pre-construction Services Staff
25 Points Possible
Scoring Criteria: Consideration will be given to the general and specified project
related capability of the proposer's office staff including the adequate depth and
abilities of the organization which it can draw upon as needed. This will include
management, technical and support staff.
c.
CATEGORY 3 Construction Services Staff
25 Points Possible
Scoring Criteria: Evaluation of the ability and experience of the proposed
construction services staff with specific attention to project related experience.
d.
CATEGORY 4 Location of Offices
10 Points Possible
Scoring Criteria: Points will be awarded primarily for the closeness of the firm's
office to the project site which will have direct responsibility for this project with
adjustments for other offices involved with project.
RFP - 8
Construction Management at Risk Services
Soccer Complex / Miller Park / Fire Station #4
RFP No. 2007-15
F. SCORING CRITERIA FOR SHORT LISTED PROPOSERS - PHASE 2 (FINAL
SELECTION)
1. The second phase shall consist of an interview/presentation by each finalist in an effort to
further understand the proposals and qualification of the proposing firm. All finalists shall be
considered in equal standing at the beginning of Phase II. Using the information presented in
the firm's written Proposal, finalists will be expected to address the following:
a. Qualifications of the Firm: The firm will be expected to demonstrate its experience
with proj ects similar in size, scope and complexity with emphasis on the construction
management process. The firm should share its experiences bringing innovative and
creative input to past projects.
b. Proposed Project Staff and Functions: The firm shall name the actual Project
Manager, Superintendent, and other key staff to be assigned to this project, describe
their ability and experience and indicate the function of each within their
organization and their proposed role on this project. The Project Manager and
Superintendent shall be present at the time of the interview.
c. Comprehensive Project Management Services: The firm shall indicate knowledge
and experience in the evaluation of building systems and construction techniques to
create an optimum value in the design and budget requirements. The firm should
demonstrate its approach and plan for performing this project describing the services
to be provided including its method to competitively bid the subcontracts and to
establish a GMP and its cost reporting methods.
d. Knowledge of Local Conditions: The firm shall demonstrate its knowledge of the
site, local codes and ordinances, local subcontractors, and local suppliers as an
indication of its ability to control the work and deliver quality workmanship in an
effective and timely manner.
2. The Scoring Criteria is made up ofthe four (4) Categories that collectively represent a Total
Point Value of 100 points. The total points for each Proposer will be the basis to determine
the Top Ranking Proposer.
EV ALUA nON CATEGORIES
POINTS POSSIBLE
1.
2.
3.
4.
Qualifications of the Firm
Proposed Project Staff and Functions
Comprehensive Project Management Services
Knowledge of Local Conditions
40
25
25
10
GRAND TOTAL OF POINTS
100 POINTS
RFP - 9
Construction Management at Risk Services
Soccer Complex / Miller Park I Fire Station #4
RFP No. 2007-15
SCORING CRITERIA:
a.
CATEGORY 1 - Qualifications ofthe Firm
40 Points Possible
The firm's experience in similar projects utilizing the Construction Management
process and other successful related CM projects will be scored. Recommendations
from previous Owners and Architects will be evaluated. Litigation history will be
considered.
b.
CATEGORY 2 - Proposed Project Staff and Functions
25 Points Possible
The Project Management team's experience with similar projects and with public
projects, and Construction Management experience. Recommendations from previous
Owners and Architects will be evaluated.
c. CATEGORY 3 - Comprehensive Project Management Services 25 Points Possible
The ability and history of the firm and its staff to deliver projects using effective
management tools and techniques will be evaluated.
The firm's scheduling system and cost control system will be evaluated including
methods for assuring subcontractors adherence to schedule. A comparison of the firm's
project profile should indicate their ability to hold to original schedules and budgets.
The firm's approach to establishing a Guaranteed Maximum Price along with methods
of Cost Control and Reporting Systems used will be scored. The firm should offer an
assessment of the established budget for construction.
d.
CATEGORY 4 - Knowledge of Local Conditions
10 Points Possible
The firms should demonstrate their knowledge of the local construction environment as
an indication of their ability to deliver a quality product in an effective and timely
manner.
G. AWARD OF CONTRACT
1. Selection Committee will make a recommendation to the city Commission for the award of the
contract.
2. The City will conduct negotiations with the highest ranked Proposer to determine the fee and
final terms and conditions of the contract. However, if no agreement is reached with the top
ranked Proposer, negotiations will be terminated with the top ranked Proposer and the City will
move to the second ranked Proposer to attempt to reach agreement. If no agreement can be
reached with the second ranked Proposer, the City will move to the third ranked Proposer.
RFP - 10
Construction Management at Risk Services
Soccer Complex / Miller Park / Fire Station #4
RFP No. 2007-15
H. TIME
1. Time is of the essence in all contract documents. The successful Proposer, shall enter into a
Contract with the City, shall commence the work to be performed under the Contract on the
date set by the City in the written notice to proceed, and shall continue the work with due
diligence.
1. REOUIRED FORMS
1. COVER LETTER
2. RESPONDENT CHECKLIST
3. PROPOSAL CERTIFICATION FORM
4. PROJECT MANAGEMENT SERVICES
5. LOCATION OF OFFICES
6. CLAIMS AND LITIGATION HISTORY
(PARKS PROJECTS)
7. PROJECT EXPERIENCE LIST
8. PROJECT DESCRIPTION & STATUS
9. PRECONSTRUCTION SERVICES STAFF
(To include Organizational Chart and one sheet for each person)
10. CONSTRUCTION SERVICES STAFF
(To include Organizational Chart and one sheet for each person)
(FIRE STATION #4)
11. PROJECT EXPERIENCE LIST
12. PROJECT DESCRIPTION & STATUS
13. PRECONSTRUCTION SERVICES STAFF
(To include Organizational Chart and one sheet for each person)
14. CONSTRUCTION SERVICES STAFF
(To include Organizational Chart and one sheet for each person)
RFP - 11
SOCCER COMPLEX/MILLER PARK
EXHIBITS
SOCCER COMPLEX
~
SITE LOCATION
EXHIBIT 1.1
SOCCER COMPLEX
81
~:
..
!d
10111 ~
..~o;::
~~.b
~,,~
~~
~ ~.
C
ca
0:
Xc>>
CD.:=:
.s:::. Q.U)
OEu
m 0.- N
coU1Q::r:t
--"-EC
~CD 0
ctloC>>=
-= (.)..c a.
O)oUo
oenU)
Ii;;.
...
~..
ge
p:!i
Ih
~ii'"
~"'~
I
I
I
If I
-Ji
rr.j b
---ob
SITE PLAN
EXHIBIT 1.2
SOCCER COMPLEX
F'~~.<c.<-.'.~.,,=,,.,-,,,,,.,,..=--..~.,,,".',,,.~,,~--_.,-
!
: II ; ; j
ill:.;~ : ~
; I':'~ ,'..
I " w II~ 1.......
l t".. ." ';;' j: '" i
. jruoo O!ilElO!!SDS8ee~
f'
; -'
" i tl !:,
. ~ i I : ;;
. i
......-;.~1--. T4
: : J I
tl ~:~:'1 :
! il '; II. 1
t~: ... ~.-~ i~.4'.~~~:~ :
I'~_.. ," fa. I ' II I (':".
" . lIIe I ~-~; I '
I',r,. I IlJ I
II I I
'.F r-k-i I:
I,r:- I I "
'IH--- 1.,1 8
'11 P(-T-J
itt: I :
!~ : I
I' I I
ih~. I I
I! I I
I I
1; , I
r:-lIT['-''''' ~ .:
'I ' ,., , I
il P' I ~.:
'1l-~-:m:ii)
!
;'.."'.... ............, "......"'....,'"' ""-"'''.1
. I
it , I
il')~l' ,.~
; I; . ,'~; ~
! i'-'.;:" ~ ,_:
.' i ',_ If.c : ~.. 't ....;;4i~-"~1 J.':(
I ~ ...... .. ~;~~.~~~.~.t,.-~fr.!~1t..
! 1;:'. -.' -...."'.,~.j;Dl:; '4'~ ..;r.l
f
8
FLOOR PLAN
EXHIBIT 1.3
SOCCER COMPLEX
.;
'II
<<( .
i I
. .
"" I '
i I
:s. t
, ;
-~--- ,,~--- --c-~--~ ~ ~~-:..-..t::~;:;~;r- ~.~.~.-~F:' ~..' SNQU.YfI3T:l HT:;;~I;:~-;;'~~f :,. ~
. "'l~~l~:.:,;~'~;~l (wmOOI'lO~) .,HIdf<O::"'o;)<:)s:lJf(lV'~k~~_
. I';
'f" t;
iO .~:.t, ~
. t ~ 'f f- .~I
I ,i t I; ".~ · 1 " :
j :\.: ~.ll : ... 1 . '
: ':' .; I ' ; . ~, !
,1,t:,'.lf:.,
"~'~' 'i,".-
I .. II',' ~S'~I':\IJt
;.J: lJ' . ~ ." It. ~ ....... ;
;; ; ~' ..:: 1 Ii; : .
i j.Ji.J:i1j'l.
- ;pt ~ ';;9 .j". '" C J 7
.. .. . ....!!I.
I.
...
J",
, ~
~ . ..
; j ~.
· : if
! i 1l
~ f *~
'!:
. i i,
· t ~
~ '.0-
...
to
. .
~ ,
'" .
;'1 ·
f .'
't.
..ID.
I:
!'
,
I
I
I
I I-
'J- . ..
! ! t
EAST ELEVATION
EXHIBIT 1.4
...
c
-II
-< .
! I ·
i it
1< I, '.;:
<~
SOCCER COMPLEX
IF,.".
.....'
;:< -" .~.. .#; ~-",:',~;:~~:-;n~'~~.L.~
'4~~i~~[>-'~;=..~:..:'~;~, (~~I
!..~
'.~~n
I
i
I
I
t
l
.. ... ..... ...~. , ....~,_ ~.. ~ .......,.... __._ . ..~,_." ......_ ._."._., ,'" '. """ .._..~."'..... ,_, ....."'._,"....... ...... >. ..... oj4.. ...;...-~.'...~.~ ...~,"..". .~.."'-........>~ "t,. '._. ~""." "''''.
I r · ...1
I .... ~ ~ ~d
'I' f'! ~.;j
1" .. " }_ .. l " :: I
l},I!!:t:~ ~~'!l
il,.t'"" d"l
Itt;:; ;:~\':, ':~~I
I ~t-,~; i t::i;~t.~ .~~'l
il.r.'l'''''" " "".,
'II' J."i . I. ," . Ii. .; i
! "';I;1i..li4'~""'.-t''''!
'I"'i; ~ ; 1! i i t~ I, ~: ?, :; ~ j' !: t
ili'i' i':; III" '~i.:!' ~ . 'if!
I i!~~~!1iii:~!;t-'~:,'~}t
Ll!! .._.~ __~,,~__~_!~,,!!~1!~!,....... 1
IOY#ll AVlolilU 40 ..-...p
1110,
xa'1.Jt'tOO~~ah"-u",
,.",.._".,.' -~--~"'-"..-..,-'" ,--,
n~ ~
,
I
I
I
I
I
I
f
I\-.-
I
I
I I
I I I
\. I I I
i 1 i 11
WEST ELEVATION
EXHIBIT 1.5
MILLER PARK
~
SITE LOCATION
EXHIBIT 2.1
MILLER PARK
----l
1
I
\
I
I
~ \ I
\ ' I
1\1 \
\~ I
1 >
I
I
,
1
I
I
~~~~~" u~
SITE PLAN
EXHIBIT 2.2
(Jtl~\
, ..:!i/'
"-i
~
illS!
.,1
.~ ~
a::: ;;;
w
<( ~
~.:z;
Q. :,1"-
.llz
,..:s
Q: 10..
Ow
Wo!::
~'"
...J 0 Q
~
...J :IE
_ W
:I:
~ g
Q)
.&!
itl
Uih
MILLER PARK
J
I
I
d!l!i.
stilttill
J:dddll
I :!JB:J:~~(!IOOS
~
~
j~
."
c"
tl'
,
11:1
III
...~
II
III
il
iet
I H
III J tJ
I. · ~
I I I Ii:'
.IIIIJlhi
!!!t!flil
[!l!l[ljJ[i!]!l€f!
<8
(U
N 'u
o
~~
(U
....
...
~
u
~
~
10<
U
+-I
'i
~
~
a:
c
IL
II:
111
-'
-'
> I
... ...
::i C
<:ill
C:)
U. cP
-' C
-' 111
C -'
a:I III
III -'
(l)Q
c C
a:I a:
II I
. t iif :z:
;;Q
\ ~~ ~1ft. I~-*SI*.* :t~ ~ ;
\,",~4~~'r"j" rt,11 .ifJf '" ...
f.;I.'.1~'4,t;Ffl~ ' . ~ ~
II 5
II
MIRACLE LEAGUE FIELD
EXHIBIT 2.3
I
~
i
II
~I
!
PROGRAM SCHEDULE
J
[
.5i
~-;
c1:l~
~~
.!:;:i
~ 0_.
~
C/)
<>
'""
~
4:
~ I
~ ;; :A
6 ~
co ; "
8 I' Z I
N -!! 1(
.. & j
II.
!l ;:
'" 11
i 0
~
t
e:
l ----------- --------------
I!
I
,
j
I
:>;!
I ~
0)
1_; ~
:I:
u
- -f~
II. II
~ <
I'- i !I
0 :! 0
0
N
I! !I
.:r -l "
j
io !
s
J ~
i 5
_0
ti J ~o
I R
i j
11
.. -
,
1-- --- - -------------------
j
~ I
~-ii
m -
11 II. I
i .!l
~ 3 I -
:g !
0 8
N
J ~ 1,
i; ,t
Q)
'S
ix
.c. _
u.....
(/)15
E'-
~~
~U.J
c..
EXHIBIT 3.1
FIRE STATION #4
EXHIBITS
FIRE STATION #4
SITE LOCATION
EXHIBIT 4.1
FIRE STATION #4
r;;:,. '''~.
~\
~I
'"
~I
'"
;:;1
-+-
..",--..
\
I
i ,.'~
...... '" ~ ..' ....
E>t.AR6fD
"""'^"""
LAKE IDA ROAD
'.0
'to
N
e:D
1 I
1 e,i - - ,- -0 ~~-=- ( - - - - - - - --
SITE PLAN
EXHIBIT 4.2
II
CURRIE SOWARDS
AGUILA ARCHITECTS
"'1"'~.
:L
V~
zm
O>~o~
1-4 c( ,.,
J- ~ ,.,
~..Jc(....I
:"'I..WOu..
~ C:;:::i'
(/) u.. ~ ~
O:Sca
W .
~~~S
I-4_N....I
u.. U;~
z
~
0-
W
t:; \0
(/) =
0 0
~ 0 I
N (:)
I in
<( ...-I
Z N II
I
- N
~ ...-I ...-I
- ~
...J W
W ~ l5
c:::
0- a U)
FIRE STATION #4
//
,/
,/
00/
,---
I
\
I
1--3
1=
I
I
~
'" ~
~[
~
~'" [
00'-0"
<
Z
-~---~--~---~-------
"
"
4
<1" <1 ~4
" "
(;,.
<1
d~n
.~~.
ft~~
!~I
Ul
<1 "
"
d
-<1
<1<1
4 <I
DATE: 12-21-2006
SCALE: 1/16" = 1'-0.
FIRE STATION 4
CITY OF DELRA Y BEACH
4321 W. LAKE IDA ROAD
DELRAY BEACH, FL 33445
FLOOR PLAN
EXHIBIT 4.3
AGENDA ITEM NUMBER:
q.t
AGENDA REQUEST
Date: February 15,2007
Request to be placed on:
~ Regular Agenda
Special Agenda
Workshop Agenda
When:
February 20, 2007
Description of agenda item:
Staff requests that Commission accept the [mal rankings of the City's review committee of respondents to
the CM at Risk RFP for the Soccer Complex/Miller Park and Fire Station #4 Replacement proiects and
authorize staff to negotiate the fee for the preconstruction services phase of the CM at Risk contract with The
Weitz Company for the Soccer Complex! Miller Field work. and Catalfumo Construction for the Fire Station
#4 work.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Department Head Signature:
2--1$-0
Recommendation:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Af!
(A
Funding available:
Yes
No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
(0
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
[IT' DF DElRAY BEA[H
.. . .:A
i
CITY ATTORNEY'S OFFICE
'[lil'\\\! \\i',
I .1.1'11, 1:\1..
\Y REACH, FLORIDA 33444
: \(SIMILE 56l!278-475S
DELRAY BEACH
f L () io( I [) A
Writer's Direct Line: 561/243-7091
IlI.f&I:II
All-America City
, III I! DATE:
MEMORANDUM
February 12, 2007
FROM:
City Commission
David Harden, City Manag~
Susan Ruby, City Attorne~<--
1993 TO:
2001
SUBJECT: City v. GTR and Innoprise Software. Inc. Lawsuit
Our office recommends that we file a voluntary dismissal, with each party bearing
its own attorney's fees and costs in the above named case.
The City entered into an agreement with Government Technology Resources, Inc.
(GTR) on March 14, 2002 in the amount of $25,000.00, for which GTR would
develop software components, with the City, to be used by different City
departments. The agreement was a Joint Application Development Agreement, in
which, a certain level of participation and input would be required from the City in
order to allow GTR to develop the software applications. The City paid GTR an
initial payment of $18,750.00 upon entering into the agreement.
Under the terms of agreement GTR would assist the City by developing software
applications to be used by Code Enforcement, Building, Occupational Licenses
and Planning and Zoning. GTR was required to deliver the software applications
to the City within one year of the execution of the agreement. The City has
asserted that GTR failed to deliver the software while GTR asserts that it has
always been ready and able to deliver the software but for the actions of City staff
failinq to work with GTR to fully develop the software. (emphasis added).
The City filed its complaint against GTR on October 21, 2004 claiming that it
breached its agreement with the City by failing to deliver the required software
applications. At its meeting of January 4, 2005 the Commission approved a
proposed settlement if GTR returned $10,000.00 to the City.
The settlement was not consummated. Thereafter, GTR was bought by Innoprise
Software, Inc.
q .1)
Our office has been in contact with the attorney's representing GTR and a
successor corporation, Innoprise Software, Inc., but have been unable to effect
any settlement agreement. Our office believes it is time to cut our losses and not
throw additional money after bad. The City would expend considerable funds in
order to complete discovery as the main officer of the defunct as well as the
successor corporation is located in Colorado and any depositions taken would be
in Colorado.
We are not only concerned that any judgment obtained would be less than the
monies expended to bring this matter to judgment, we believe that a judgment may
not be executable in Florida as we have learned that the principal of Innoprise
Software has unpaid judgments against him.
Our office requests that this item be placed on the February 20, 2007 City
Commission agenda. Please call if you have any questions.
cc: Chevelle Nubin, City Clerk
Joe Safford, Finance Director
Lula Butler, Community Improvement Director
Paul Dorling, Planning & Zoning Director
02/07/2007 10:03
3034666342
CRA1G D JOHNSON ASSC PAGE 02
I
i
!
i
I
i
I
~
8 G~rden Center · Broomfield, CO 80020
Tdephone: ~03-466.2335 · Facsimile: 303.466.6342
i E-M:ail:CDJ@lawyer.com
I
~
CRAIG D. JOHNSON
& ASSOCIATES, P.C.
ATTORNEYS A't LAw
Craig D. Johnson'~
Henry A. Satld....
"Also Admitted in Nebraska
n Also Admitted in New MexicQ
February 7, 2007
Brian Shutt
Assistant City Attorney
200 NW 1 at Avenue
Winter Park. Florida 33444
Re: Delray v. GTR, et al
CDJ/s1f
Ene!.
cc
Dear Mr. Shutt:
i
As we spoke recently over the telephone, this will confIrm that my clibts would be
agreeable to a mutual dismissal with prejudice with each party bearing its o~ attorneys fees and
costs as to the above-referenced action. Please let me know if your client agrpes. If so, I will
draw up the settlement documents, or you may provide me with drafts. Let'slsee if we can get
this done as soon as possible. I
i
Sincerely. !
./"-7 i
""--J''' ~
CRAIG D. J~S()N & . _ , P.C.
'1~ ./
./ / /1"'"
~~ ..~! --~--_..~"..'''..'''..
..........- -,--.---
. Jonnson I
!
i
i
:
William Weatherford
Dermis Harward
Jennifer Locetta
~
MEMORANDUM
TO: Mayor and City Commission
FROM: David T. Harden, City Manager
DATE: FEBRUARY 16, 2007
SUBJECT: AGENDA ITEM. REGULAR MEETING OF FEBRUARY 20, 2007
AGREEMENT FOR FEDERAL LOBBYING SERVICES - ALCALDE & FAY
This item is before City Commission for approval of an agreement with Alcalde and Fay
for federal lobbying services.
The City Commission heard presentations from firms for federal lobbying services at the
February 13 workshop meeting. The Commission voted to enter into agreements with
Alcalde and Fay and Artemis Strategies on a monthly basis.
The agreement with Alcalde and Fay is attached. Under the agreement, Alcalde and
Fay will provide federal lobbying services including:
. Developing strategies to obtain and maximize funding
. Securing appropriate authorizations and funding for City projects
. Maintain contact with key Senators and Representatives
. Provide a written report of activities and attend City meetings upon request
. Coordinate meetings of City representatives with members of Congress and
Federal agency officials.
. Assist in identifying grant opportunities and securing grant funding
. Other services as outlined in the agreement
Compensation to Alcalde and Fay under the agreement is $5,000 per month plus
reimbursable expenses. The agreement may be terminated by either pay with thirty
day's written notice. Staff will discuss the services provided by both Alcalde and Fay
and Artemis Strategies with City Commission in August/September 2007 to determine
how to proceed with federal lobbying services.
Staff plans to have a list of potential projects to assign to Alcalde and Fay for
Commission discussion and direction at the February 20 meeting.
Staff recommends approval of the agreement with Alcalde and Fay for federal lobbying
services. Funding to be provided through 001-1111-511-34.90 (Other Contractual
Services) after budget transfer.
q.E
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF DELRAY BEACH AND
ALCALDE AND FAY, LTD.
The following is an agreement between the City of Delray Beach, Florida, hereinafter referred to as
"CITY" and the firm of Alcalde & Fay, Ltd., a Virginia corporation, hereinafter referred to as
'CONTRACTOR".
WHEREAS, CONTRACTOR has duly qualified experts in the field of federal lobbying for public
works, transportation infrastructure, water resources, housing, Federal grant programs, and other areas;
and
WHEREAS, in the judgment of the Delray Beach City Commission, it is necessary and desirable to
employ the services of the CONTRACTOR to assist the CITY with federal lobbying for public works,
transportation infrastructure, water resources, housing, Federal grant programs administered by the
Federal government, and other areas.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto
agree as follows:
PART I - SPECIFIC PROVISIONS
A. SERVICES TO BE PROVIDED: CONTRACTOR will consult and advise, as requested, on
federal lobbying for public works, transportation infrastructure, water resources, housing,
Federal grant programs, and other issues; and provide services including but not limited to:
1. Developing strategies to obtain and maximize funding for public works, transportation
infrastructure, water resources, housing programs, and other issues.
2. Coordinating funding, legislation and policy related activities with the United States
Congress and Federal agencies;
3. Securing appropriate authorizations and funding from the United States Congress and
Federal agencies to implement the CITY'S projects;
4. Maintaining direct and frequent contact with key United States Senators and
Representatives;
5. Advocating CITY interests during the United States legislative and regulatory process;
6. Providing the CITY with a written report of activities and attending CITY meetings upon
the CITY'S written request.
7. Coordinate meetings of City representatives with members of Congress and federal agency
officials.
8. Assist in identifying grant opportunities and securing grant funding; provide grant
newsletter on a regular basis.
B. PAYMENT: CONTRACTOR'S compensation for the services provided hereunder shall be
$5,000.00 per month. CONTRACTOR shall submit the monthly $5,000.00 fee invoice at the first
of each month, beginning on , 2007. The CITY shall reimburse the contractor for
reasonable expenses incurred in connection with the CONTRACTOR'S work at actual cost.
Expenses that are to be reimbursed include, but are not limited to; travel, photocopying, postage,
telephone, delivery, and telecopy charges. Expenses will be reimbursed to CONTRACTOR on a
monthly basis. All travel expenses will be incurred only following written approval by the City
Manager.
C. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will have L.A. 'Skip'
Bafalis and Jim Davenport, principals of CONTRACTOR's services, and Maurice Kirkland in the
performance of CONTRACTOR's duties hereunder, and has relied on that representation as an
inducement to entering into this Agreement. In addition, other partners and associates of Alcalde
and Fay may be utilized on an as-needed basis to complement the efforts of the above key
personnel when such efforts would benefit the City. There will be no additional charge to the
City for such work.
PART II - GENERAL PROVISIONS
A. ASSIGNMENT AND DELEGATION: Except as above, neither party hereto shall assign or
delegate any interest in or duty under this Agreement without written consent of the other, and no
assignment shall be of any force or effect whatsoever unless and until the other party shall have
so consented.
B. STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in performing the
services hereinafter specified, shall act as an independent contractor and shall have control of the
work and the manner in which it is performed. CONTRACTOR is not to be considered an agent
or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or
similar benefits CITY provides its employees.
C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING
PAYMENTS: All notices, bill, and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as
follows:
CITY:
DAVID T. HARDEN, CITY MANAGER
100N.W. 1ST AVENUE
DELRA Y BEACH, FL 33444
CONTRACTOR:
ALCALDE & FAY, LTD.
2111 WILSON BLVD., 8TH FLOOR
ARLINGTON, VA 22201
(703) 841-0626
D. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state and
local laws, rules and regulations in regard to nondiscrimination in employment because of race,
color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or
mental disability.
E. TERM OF AGREEMENT: This Agreement shall become effective on ,2007
and shall terminate upon 30 day's written notice by either party with or without cause.
F. WRISDICTION: This Agreement and performance hereunder and all suits and special
proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In
addition, special proceeding or other proceeding that may be brought arising out of, in connection
with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall
govern to the exclusion of the law of any other forum with venue in Palm Beach County.
G. PUBLIC RECORD: The parties understand that any record, document, computerized information
and program, audio, or video tape, or other writing completed by the CONTRACTOR related
directly or indirectly to the Agreement is a public record pursuant to Chapter 119, Florida
Statutes, whether in the possession or control of the CITY or the CONTRACTOR. Such public
records may not be destroyed without the specific written approval of the CITY. Upon request by
the CITY, the CONTRACTOR shall promptly supply copies of said public records to the CITY.
Nothing contained in this paragraph shall require the disclosure of information that is exempt
from public records disclosure pursuant to state or federal law.
H. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties
and supersedes all prior oral or written agreements. No waiver, modifications, additions or
addendum to this Agreement shall be valid unless in writing and signed by both the
CONTRACTOR and CITY.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this
day of , 2007.
ATTEST:
CITY OF DELRA Y BEACH
By:
WITNESSES:
ALCALDE AND FAY, LTD.
By:
City of Delray Beach - Federal Lobbying Priorities for FY 08
Priorities recommended for assignment to Alcalde and Fay:
· Housing Authority Redevelopment Project (funding request and grant assistance)
· Old School Square Park
· Youth Vocational Charter School relocation assistance
· Annual Traffic Calming Funds for one year - $150,000
· Delray Beach Historical Society Facility
Priorities recommended for assignment to Artemis:
· Reclaimed water expansion project
· Police Department/Fire Department Mobile Command Vehicle
Other priorities recommended for potential designation to either Artemis or Alcalde
and Fay (if items meet time1ine requirements and do not conflict with other requests):
· Possible funding for anti-gang program
· Possible funding for after school program
· Miller Park Baseball Field Renovations
· SCRWTD Deep Injection Well Project
· Fire Department Generator Upgrade
· Police Department fingerprint station equipment
· Police Department laptop replacement (field laptops)
· Police Department second floor building expansion
@i;J tA,qJ;d/c. ~ ~ qE QwJ 1. F
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~ .
AGENDA ITEM # J:' - REGULAR MEETING OF FEBRUARY 20 2007
AGREEMENT / ARTERMIS STRATEGIES
TO:
FROM:
DATE:
FEBRUARY 16,2007
The backup material for agenda Item 9.F, Agreement/Artermis Strategies will be provided at the
Commission Meeting on February 20, 2007.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Agreement Artermis Strategies 02.20.07.doc
MEMORANDUM
TO:
FROM:
Mayor and City Commission
David T. Harden, City Manager~
FEBRUARY 20, 2007 I
AGENDA ITEM - REGULAR MEETING OF FEBRUARY 20, 2007
AGREEMENT FOR FEDERAL LOBBYING SERVICES - ARTEMIS STRATEGIES
DATE:
SUBJECT:
This item is before City Commission for approval of an agreement with Artemis
Strategies for federal lobbying services.
The City Commission heard presentations from firms for federal lobbying services at the
February 13 workshop meeting. The Commission voted to enter into agreements with
Artemis Strategies and Alcalde and Fay on a monthly basis.
The agreement with Artemis Strategies is attached. Under the agreement, Artemis
Strategies will provide federal lobbying services including:
· Developing strategies to obtain and maximize funding
· Securing appropriate authorizations and funding for City projects
· Maintain contact with key Senators and Representatives
· Provide a written report of activities and attend City meetings upon request
· Coordinate meetings of City representatives with members of Congress and
Federal agency officials.
· Other services as outlined in the agreement
Compensation to Artemis Strategies under the agreement is $5,000 per month plus
reimbursable expenses. The agreement may be terminated by either pay with thirty
day's written notice. Staff will discuss the services provided by both Artemis Strategies
and Alcalde and Fay with City Commission in August/September 2007 to determine
how to proceed with federal lobbying services.
Staff will have a list of potential projects to assign to Artemis Strategies for Commission
discussion and direction at the February 20 meeting.
Staff recommends approval of the agreement with Artemis Strategies for federal
lobbying services. Funding to be provided through 001-1111-511-34.90 (Other
Contractual Services) after budget transfer.
q.F
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF DELRAY BEACH AND
ARTEMIS STRATEGIES, LLC
KNOW ALL PERSONS BY THESE PRESENT that Artemis Strategies, LLC, (hereafter,
"ARTEMIS") with its principal place of business at 1401 New York Avenue, NW, Suite 1010
Washington, D.C., 20005, does hereby contract with the City of De1ray Beach (hereafter, "CITY"), with
its principal office at 100 NW 151 Avenue, De1ray Beach, FL 33444, to provide federa110bbying services
WHEREAS, ARTEMIS has duly qualified experts in the field offedera110bbying; and
WHEREAS, in the judgment of the De1ray Beach City Commission, it is necessary and desirable to
employ the services of ARTEMIS to assist the CITY with federa110bbying services.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto
agree as follows:
PART I - SPECIFIC PROVISIONS
A. SERVICES TO BE PROVIDED: In its capacity as a consultant, ARTEMIS shall make its full
and best efforts to assist the CITY in pursuing its governmental affairs objectives. The nature of
these objectives shall be determined by the CITY with the advice and assistance of ARTEMIS.
The services provided by ARTEMIS will include, but not be limited to:
1. Developing strategies to obtain and maximize funding for CITY programs and/or projects.
2. Coordinating funding, legislation and policy related activities with the United States
Congress and Federal agencies;
3. Securing appropriate authorizations and funding from the United States Congress and
Federal agencies to implement the CITY'S projects;
4. Maintaining direct and frequent contact with key United States Senators and
Representatives;
5. Advocating CITY interests during the United States legislative and regulatory process;
6. Providing the CITY with a written report of activities and attending CITY meetings upon
the CITY'S written request.
7. Coordinate meetings of City representatives with members of Congress and federal agency
officials.
B. PAYMENT: ARTEMIS'S compensation for the services provided hereunder shall be $5,000.00
per month. ARTEMIS shall submit the monthly $5,000.00 fee invoice on the 2151 day of each
month, beginning on February 21, 2007. The CITY shall reimburse ARTEMIS for reasonable
expenses incurred in connection with ARTEMIS'S work at actual cost. Expenses that are to be
reimbursed include, but are not limited to; travel, photocopying, postage, telephone, delivery, and
te1ecopy charges. Expenses will be reimbursed to ARTEMIS on a monthly basis. All travel
expenses in excess of $20.00 will be incurred only following written approval by the City
Manager.
PART II - GENERAL PROVISIONS
A. ASSIGNMENT. Neither party shall assign any of its rights under this contract without the
express written consent of the other party.
B. STATUS OF ARTEMIS: The parties intend that ARTEMIS, in performing the services
hereinafter specified, shall act as an independent contractor and shall have control of the work
and the manner in which it is performed. ARTEMIS is not to be considered an agent or employee
of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits
CITY provides its employees.
C. METHOD AND PLACE OF GNING NOTICE, SUBMITTING BILLS AND MAKING
PAYMENTS: All notices, bill, and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as
follows:
CITY:
DAVID T. HARDEN, CITY MANAGER
100 N.W. 1 ST AVENUE
DELRA Y BEACH, FL 33444
ARTEMIS:
ARTEMIS STRATEGIES
1401 New York Avenue NW
Suite 1010
Washington, D.C. 20005
D. NON-DISCRIMINATION: ARTEMIS shall comply with all applicable federal, state and local
laws, rules and regulations in regard to nondiscrimination in employment because of race, color,
ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or
mental disability.
E. TERM OF AGREEMENT: This Agreement shall become effective on February 20, 2007 and
shall terminate upon 30 day's written notice by either party with or without cause.
F. JURISDICTION: This Agreement and performance hereunder and all suits and special
proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In
addition, special proceeding or other proceeding that may be brought arising out of, in connection
with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall
govern to the exclusion of the law of any other forum with venue in Palm Beach County.
G. PUBLIC RECORD: The parties understand that any record, document, computerized information
and program, audio, or video tape, or other writing completed by ARTEMIS related directly to
the Agreement is a public record pursuant to Chapter 119, Florida Statutes, whether in the
possession or control of the CITY or ARTEMIS. Such public records may not be destroyed
without the specific written approval of the CITY. Upon request by the CITY, ARTEMIS shall
promptly supply copies of said public records to the CITY. Nothing contained in this paragraph
shall require the disclosure of information that is exempt from public records disclosure pursuant
to state or federal law.
1. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the parties.
This agreement supersedes and takes precedence over any prior oral or written agreement
between the parties. It may be changed only by a subsequent written agreement signed by both
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this
day of , 2007.
ATTEST:
CITY OF DELRA Y BEACH
By:
WITNESSES:
ALCALDE AND FAY, LTD.
By:
City of Delray Beach - Federal Lobbying Priorities for FY 08
Priorities recommended for assignment to Alcalde and Fay:
· Housing Authority Redevelopment Project (funding request and grant assistance)
. Old School Square Park
· Youth Vocational Charter School relocation assistance
· Annual Traffic Calming Funds for one year - $150,000
. Delray Beach Historical Society Facility
Priorities recommended for assignment to Artemis:
· Reclaimed water expansion project
· Police DepartmentlFire Department Mobile Command Vehicle
Other priorities recommended for potential designation to either Artemis or Alcalde
and Fay (if items meet timeline requirements and do not conflict with other requests):
. Possible funding for anti-gang program
. Possible funding for after school program
. Miller Park Baseball Field Renovations
· SCRWTD Deep Injection Well Project
· Fire Department Generator Upgrade
· Police Department fingerprint station equipment
· Police Department laptop replacement (field laptops)
· Police Department second floor building expansion
r2JP;J ~,t{iJ;OA ~ ~ q.E awl 1.F
MEMORANDUM
TO:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERdM
AGENDA ITEM # q. - REGULAR MEETING OF FEBRUARY 20 2007
APPOINTMENT TO THE BOARD OF ADJUSTMENT
FROM:
DATE:
FEBRUARY 16,2007
At the City Commission meeting of February 6,2007, Mr. Sigurdur Hardester was appointed as
a regular member to the Board of Adjustment. This creates a vacancy for an alternate member to
serve an unexpired term ending August 31, 2007
To qualify for appointment, a person shall be either a resident of or own property in the city,
and/or own a business within the city.
The following individuals have submitted applications and would like to be considered for
appointment:
Bernard Federgreen
Jess Sowards
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2),
for one (1) alternate member to serve an unexpired term ending August 31, 2007.
Recommend appointment of one (1) alternate member to the Board of Adjustment for an
unexpired term ending August 31, 2007.
02/07
BOARD OF ADJUSTMENT
TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE
08/31/2007 Sigurdur Hardester Manager Home: 638-4088
Appt 10/05/04 unexp alt 4308 Lakewood Drive Office: 923-1856
Re-appt 08/16/05 alt Dekay Beach, FL 33445 Cell: 706-9096
Re-appt 02/06/07 unexp reg
Fax: 877-627-8006
08/31/2008 Me! Pollack, Chair Director-Security Home: 272-7618
AJt Appt 08/19/03 800 North Ocean Blvd #1 Cell: 213-1990
Reg appt 01/06/04 Unexp Dekay Beach, FL 33483
Reappt08/03/04
Reappt 08/15/06
08/31/2008 Clifton Miller Retired General Home 499-4899
Unexp Appt 10/05/04 alt 4691 Hammock Circle Contractor
Unexp Appt 04105105 reg Dekay Beach, FL 33445
Reannt 08/31106
08/31/2008 Harvey Starin, Vice Chair Realtor Home: 272-1665
AJtapptOl/13/04 3596 Admirals Way Office: 272-7100
Reg Appt 08/03/04
Reappt 08/31/06 Dekay Beach, FL 33483 Cell: 665-0900
08/31/2007 Lisa Shaheen Marketing/Public Home: 637-5776
Unexp Appt 03/01/05 3415 Lakeview Blvd. Relations Office: 865-4415
Re-appt 08/16/05 Dekay Beach, FL 33445 Cell: 305-772-3328
ALTERNATES
08/31/2007
Unexp Appt
Vacant
08/31/2007 George Thacker Accounts Home: 350-6282
Unexp Appt 07/11/06 2403-C Lowson Blvd. Manager Office
Dekay Beach, FL 33445
I
Contact: Venice Cobb x-70S6
SICily Clerk/Board 07/Board of Adjustment
Send Agenda to: AI Berg, Brian Shutt & Donna Quinlan
Fax final Board Order to Chair Person for signature
Copy of approved minutes to Donna Quinlan & AI Berg.
. DRRAY BEACH
.........
*****
/rlq~
wr
1993
2001
CITY OF DELRAY BEACH RECE.IVED
BOARD MEMBER APPLICATION OCT 14 2005
CITY CLERK
infonnation:
tiE
State
~t
State
PL,
State
MI,';)
~ Code
33
Zip Code
.3 3> JCW
ZiJ? Code
tEe/v
AVE"
or
"t---
~
..---
5. Home Phone:
~I PjJ; 333 .
6. Ar.e you a registered voter?
Business Phone:
Cell Phone:
Fax:
-
.-..
7.
8.
10. List any related professio~ certifications and licenses which you hold:
2'
11. Give your j?resent, 0
C!tJM"" Ch M
Of? cy;Je/{ ~ /"71
. 12 Describe experiences, skills or knowledge which. qualify you to serve on this board: (please attach a brief resume)
/f l~et!T e::J,!??/A-/l s a'-" -
t::1
the above statements are ttue, and I agree and understand that any misstatement of material facts
may cause forfeiture upon my part of any appointment I may receive.
. . d:J 1'7f;L6ZCtN -. .
DAlE I .
. .cote: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
SlCITYCU!RK\IIOARD\APl'l.lCATION
una' L..' L...~ I ... I _ L..W I "WI I_ ,"",WI'.I'\..J..L- -"WY"Inl'u...... n\:Au.J.L- ..JU.L. L'...... U.J.W,
I U_c:-r...J...J I l""'f
r.C:
DElRAY BEACH
~
mr
1993
2001
,~~ N.e. t~ A'I;'
CITY OF DELRAY BEACH !I~
BOARD MEMBER APPLICATIOII\ E CE \V
JAN 2 5 2007
ER\<
M.l.
M.
Zip Code
33481
Zip Code
1i",,&"
Zip Code
! J'-' "'-4
NameJ
esc;
c
lty"'O~ ~\Dl-t
City
~ ~"lb"H.
City
t)e.~~ 'U~
State
FL.
Please e or rint the foUowin information:
1. Last Name: ~OW.A1!-1:IfS.
2. Home Address:
(, 3~ EDt> ST.
3. Legal Residence:
~ 3 S"' tit:n:>'{ ~.
4. Principal Business Address:
State
T\-..
State
~\..
S. Home Phone: Business Phone: E-Mail Addcess: Cell Phone: Fax:
'\~'-84~.04- Z1' -.dcC\~' .1~~(!'o~E_ 't>'-11'+ Z~'!~\~t
6. Date of Birth 7. Are you a registered voter? If so, where are you registered?
I' - \ \-, 0 10C,.6.. "'A~,,", - 'P~\."" '!t~tf (0.
8.
9. List all City Boacdf on which you are currently serving or have previously served: (please include dates)
L ~ \,) ~
10. Educational qualifications:
C!)
- V~
11. List any related professional certifications and Licenses which you hold:
~ \ t'i'flS- Or t=
~
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief reswne)
s
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of rrulterial faeG
conta' 111 . .on cause t rteiture upon my part of any appointment r may receive,
{- 2.-1-01
DATE
Note: lbis 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.
JAN-24-2007 17:28 FROM:CURRIE SOWARDS AGUIL 551-243-8184
TO: 2433774
P.3
EDVCATlO"
. Bachdor or ArcbJtec::ture
UulvUlllty or Kentucky
1987
UQlSTRA.TlOI'I
. ArcbJtectl certlfted:
"orlda, /I 13205
. "CARB, II 41J861
nOrMSIOMl.
Al'l'ILlAnOI'{S
. Ame.rlc:aa ln5t.ltute of
An:bItec::ta
. noltda A58Od&tloD, AlA
Palm Beach Chapter -
rresldent
OR<lAl\I7ATlOI'(S er
COJIIJIIUrtI1Y SERVICE
. City or DdnIy Beach
PlanDlng IlDd Zoll1Dg -
Put Board ManIMlr
. City or DdnIy Beach
BoArd or Actj1utuaents -
Put Vice Cha.Ir
. City of Ddnly Beach
Site I'laD Review Board -
Put Member 8f
Past Cb.alr
. Plnmpple Grove flIa1D
~ DesIgn
Committee Mcmbu
. RotaJy Club or DeInly
Balch - Past Seaetary
JESS M. SOWARDS, AlA
Frlnclpal
Jess Sowards Joined the firm In the faU of 1987
following his graduation with a BachelolS of
Architecture from the Unlvel'Slty of Kentucky. Daring
worked at a number of architectural finus while
completing hls formal education, Mr. Sowards galned
a good base from which to bulld on makJng him a
valuable member of the Currie Design team.
Mr. Sowards advanced quIckly In the firm ta.klng
In many challenges which Included the design and
reconstruction of a number of hotels, shopping
centers and fire stations. In 1989, Jess became a
registered archltect In the state of Florida and
received his certlflcatlon from the National Council of
Architectural Registration Board (NCARB).
BaYing developed his skills to where he
managed multiple projects from conceptual design
through occupancy, Mr. Sowards was promoted to the
position of Associate Architect with the Orm In 1991
and Frl.Dclpalln 2000.
Community Involvement Is an Integral part of
his commJtment to architecture and good design. De
has partIcipated In numerous design cbarrettes
IncludIng Old School Square, Village of Key Blscayne,
Pineapple Grove Main Street and othel'S. Mr. Sowards
has been a member of City of Delray Beach Board of
Adjustment, City of Delray Beach PlannJng and
Zoning Board (currently serving as the chaJrman),
City of Defray Beach Site F1an Review and Appearance
Board, the Pineapple Grove l'Ialn Street Design
Committee and Is currently serving as President Blect of
the Palm Beach Chapter of the Florida American Institute
of Architects. Jess was bonored with the Dillard T. Smith
Award In 2004 by the Palm Beach Cbapter of the AlA for
his active leadersblp In community actlvlty and service
which was of direct benent to the community.
CURRIE · SOWARDS · AGUILA · ARCHITECTS
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
SUBJECT:
CITY MANAGER
AGENDA ITEM # 'q . - REGULAR MEETING OF FEBRUARY 20 2007
APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS
FROM:
DATE:
FEBRU~Y16,2007
The term for Mr. Norman Rosenblatt expired on August 31, 2006. Mr. Rosenblatt has served an
unexpired term is eligible and would like to be considered for reappointment. The term is for two
(2) years ending August 31, 2008.
There are five (5) additional vacancies on the Board of Construction Appeals due to member
resignations, as well as, due to term limits being met. The terms for three (3) of the vacancies are
unexpired ending August 31, 2007. The terms for two (2) of the vacancies are unexpired ending
August 31,2008. Please note that due to a lack of applicants, only one (1) appointment is reflected
in the appointment schedule.
Staffhas identified additional candidates that would be eligible to fill the positions that are currently
vacant. All four (4) of them expressed an interest in serving on the Board. Staff will continue to
follow up with the potential volunteers and will recruit additional candidates.
To qualify for appointment, a person shall have actual previous experience in their respective trade
or profession deemed sufficient by the Commission. Residency is not required. A person need not
own/operate a business in Delray Beach. Membership is composed of the following:
An air-conditioning contractor, an architect, two general contractors, a master electrician, a
professional engineer, a master plumber, a realtor or insurance agent, and a sign contractor.
Attached is a listing of the current Board members and their occupations. The following individuals
have submitted applications and would like to be considered for appointment. (The applicants are
listed by profession however, the applications are in alphabetical order).
See Exhibit "A" attached:
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4)
for one (1) regular member to serve a two (2) year term ending August 31, 2008.
Recommend appointment of one (1) regular member to the Board of Construction Appeals for a two
(2) year term ending August 31,2008.
02/07
BOARD OF CONSTRUCTION APPEALS
TERM REGULAR MEMBERS OCCUPATION TELEPHONE
EXPIRES
08/31/2008 Office:
Air Conditioning Home:
Vacant Contractor Fax:
08/31/2007 Office:
Unexp Appt Home:
Vacant Architect Fax:
08/31/2007 Office:
Unexp Appt Home:
Vacant Master Electrician Fax:
08/31/2008 Home: 865-2636
Appt 08/03/04 James Houck, Vice Chair
Reappt 02/06/07 3763 S Lancewood Place Property Manager/Real
Delray Beach, FL 33445 Estate
08/31/2008 Office:
Home:
Vacant Professional En2ineer Fax:
08/31/2007 Office: (954) 523-5157
Unexp Appt 10/05/04 Patricia Neyra Home: 272-7975
Reappt09/06/05 114 N .W. 7th Street Fax: 272-7746
Delray Beach, FL 33444 General Contractor Cell: (954) 684-8805
08/31/2006 N orman Rosenblatt Office: 665-1250
Unexp Appt 09/20/05 13177 Vedra Lake Construction Home: 495-9591
Delray Beach, FL 33446 Consultant Cell: 665-1250
08/31/2008 Office: (954) 325-2727
Appt 10/05/04 Anthony Spirelli Home: 477-3207
Reappt 02/06/07 21878 Palm Grass Drive Cell: 278-8747
Boca Raton, FL 33428 Plumber
08/31/2007 Office:
Unexp Appt Home:
Vacant Sign Contractor Fax:
Contact: Venice Cobb 243-7056
SICily Clerk/Board 07IBOCA
Send Agenda to: AI Berg & Brian Shutt
BOARD OF CONSTRUCTION APPEALS
"EXHIBIT A"
A/C Contractor
Architect
General Contractor
Norman Rosenblatt
(Construction Consultant) Incumbent
-Does not possess general contractor license,
but previously has been deemed to have
sufficient experience by the Commission.
Electrician
En2ineer
Plumber
Real EstatelInsurance A2ent
(This vacancy has already been filled)
Pearl Markfie1d Elrod
Steven Wallace
Si2n Contractor
Does not meet respective trade or possess license
Jayne King
(EducatorlRetired)
. 09/11/05' >>'ON 10:1$ FAl'S61243~7..
_ ...~. -+0" \J Q.1i\;~e. Co bb'
J III:'!- ,
. CITY CLERK
----
-.- -'.. .....
!alooz
11 ?h:..
, ~~3,
. 200t'
. CITY OF9ELRA:Y~H' .. IVED
BOARD:MEM:BER APPLICATION" R E C E .
. ~~I'~
trY CLEHK
'. MLlj, '
"Code .
S-
, State Zip c.oae'
..FL 33445-
.:St#~., '.liip Code
. .~l!\:, ~ N . A
. }
. '.F:i~ .
')9: '~.~fia:tioos: '-0.. \ = .n - r: '. "r l
' . ., L.J ~ T'\} F....Ltv..~.t'OV\. IV\. l\ _
1~. list an.r. ~ prC\~~~ocs 1IJ1d,~ whX::h J'f7f;l 1rolrl:
~"o'f 'De~~ De
In IV k,,, d
~~~t
. ..
.~
- ~.
Oll/Q3i05
WE;D 14:33 FAX 5812133774
,eJea(-ir flj002
GITY OF D'ELRAY BEACH RECE;VED.
BOARD MEMBER AP-:LICATION AUG - 4 2095
crrv r> . , RK
. gj'.~
.' . M. '
2" /l-/c L
/- 1 - Sb1c .
,'2tiCK ;-' L
Sate
CITY CLERK
Qft.V.Y BEACH
c.. r...... .. ""
,.
. ....
. '. . ~
.:. . ."
Sbte
-
", .~ ~ ",
~bo~
; :~
',y:iT-;.
"
-~~te~' ~ :ip~liti:ti:OJ;l -wilI ietiWnob Me in dw city qeik"s b!6.ce fo.::l paiod of 2 yeus from. the d2tc it W1S
_. st'JbQi1tW..lt WiJl,bethe ""nplic:w(s .cesnoQSibilit.v cO ~'Dsuie tlu.t:l cu.u:cnt :lppliCltion is GD',fill:.. .
.. . -r. .C,. .'J ' ~~'(j0t{
~- ' ,
'.',
r' '
".
~
J
~,
<.
>
..
1 -d
)
RESUME FOR PEARL "BUNNY" MARKFIELD
ELROD
DIRECTOR OF RESEARCH DEPT FOR THE
NATIONAL ENQUIRERN-EWSPAPERFOR 14 YEARS
REAL TOR: COLDWELL BANKER REAL ESTATE (22
YEARS)
PRESIDENT MERRlIT PARK HOME OWNER'S
ASSOC 6 YRS
)
- BOARD MEMBER PROGRESSIVE RESIDENTS OF
- DELRA Y AND CURRENTLY VICE-PRESIDENT.
MEMBER OF THE SWfNW REDEVELOPMENT TASK
- -
FORCE SINCE IT'S INCEPTION AND CURRENTLY A
MEMBER OF THE WEST ATLANTIC TASK FORCE.
WAS INSTRUNfENTAL IN STARTING THE DELRAY
LOOP AS A PROD PROJECT.
. HAVE LIVED IN DELRA Y BEACH 8 YEARS AND-
HAVE ENJOYED EVERY MINUTE OF IT. I LOVE -
LIVING IN A VERY OLD SECTION OF THE CITY
AMONG A VERY DIVERSIFIED GROUP OF PEOPLE-
AND-I PARTICULARLY ENJOY LIVING IN ONE OF
THE OLDEST HOUSES IN THE AREA.
DELRA Y IS DEVELOPING AS A WIOESPREAD
EXAMPLE OF HEAL THY URBAN GROWTH AN"O I
AM HAPPY TO BE HERE TO ENJOY IT!
:)
ORRAY O"EACH
.. t. . c . . "
Name f\}oP--J.A!tn
City PJ (..,
City
V0n\GZ
~ "?
g-j (=- bJ
t tlnslrl/ cl)j;j{//b
RECEIW=O
AUG. 1 5 Z005
MI.
CYCLER
S~t:e ZiJ? Code/
" . $16.
State Zip Code
*****
Al-4RericaCity
~'11'!
.1993
." 2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
on:
.4.
City
State
ZiJ;> Code
5. Home l?hone: .
E-Mailtr~1L~~ CC~/2S C>
~rg;zi1 ;"t ~ N ~.f
6. Are you a t:egistered voter? . yes I ~o> where are you registered? Fc.. t
7. What Board(s) are ou intttested in servjng? Please list . ordtt of prefttence:
C 1 v "on {/) I 0 . . .
Business Phone:
t 6) -IJ-SZJ
Fax:
. ~ {tJ-r\fl
5' 0 '1-6,
.1"f: ~ + ~V' r<Jj r; OJ-..
10. List any related professional certifications and licenses which you hold:
I htteby certify that all above statements are true, and I agree and understand that any misstatement of material facts
}X>n"ed in this app' cio may cause rfeiture upon my Par:t of any appointment I may receive.
/ j/j, " .' $/1111--
.NAlURE DATE
Note: This application will remain on file in the' City Cl&s Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S'OTYa.mu<.\BO.AltDV.PPUCATION
l:I'.:.:...
~.. :. . .' . ....
";;.. . - -.: .~ ':
~" ',::; ,"'
""":'::1' ....:>:
.'. . .. ". .
F':::":",:
t(;.~:} ... :::
. ;~:. ;" ;', .
;;::.'.<;:1.::/;.:.'.....:.'....
,'. ;. ,.: ~. ;. .
~~1:}.!~:': .~::.' ;~i;,::.:'
'. . .' .' .
",' ," ".
.~. ". . .,~,,:... .
. ~.. '. .~. ','
.......; -,- "
,'::"' ;:,.
~: :.:' .,".;.'
. ....
. . . . .",
:1' ;: 'l,ll. ~.t. fh.:;',~' ~.1t"S(i --:, < y
~:'dr ";'. J J!' '> ""!i ~ q'~. ':t';i . 'iI:i .,~. ;:{:~" ""' :" ,;!:;
:.,~. .,..~ :~r~ 1ii~. oW: 0:- ...~~ ";.: .,.: .~: f(::, (" ~ ~ .~ l
, . . .'. " er.~'.Clt..~ ~ ':(> 3~.~:~:.1N.' . -.: ,.'.;
J:' ,)! B';~' l,;, ~"', ..'...~;~J-;.:...jk. '.: i
. >" . 'HI/) : . CY, 't'C:. I;( !'Q, :.: ~. a'$;!, ','" "-~
:' ;'.~' .' & . U. ~1i.""......--~, . ". .'~,,:ilJ"... ~ .2:::
'. ~ ':. > '.' C;. 'I' ,Q. ~..... .x '$h~' ;:' Q' ~c .>." H~L "-~ :\
::::'<.: ~~'J...<'f;~~ ~;.$.:~w.....~Jl.t;>~.~ , '~::'."':::l
~ . . 5. :e::-.. i '. u VJ.. o,if , k
,.c':'::' .'t)"~'i"': ~..g;~ r:.~ , .,:~ '::~
"",,.' - ,~. 0. . '. "'" '~, ~ !If 't'!'. ~"1lJ "
'''. '~f "::~.'~ ~.;;'Q-. u 'Il;.' :lIfA ~;'. .~
". "C.~ ~ (l)'C' Q.~ ~.:.t=: ... p.f,:#" ~"~.. '.. . K.
t... .:'::::': ~~~:. ~"=':~_ ~ '>:>t\:'" ~;.>~~. .,:...\,:>:~:
'.<" . :.a . ~ :0: '..~, ~ ~ '.1.. ff.,'~' . f.';,
'.i'..~>~J:..S. . .: fo(O.i c'I.l' ~~.ii;l~\,.,. i!f
~. . . .~ ~';e: -: z. '. ~:"Q ~ ~::e~:~'.... ~:
.... '" ~ fi: '... 4.\ 'ilii ...... IS . "'-"
'.': r" . .' . ~" e o. f:) .>'. k'" ~ . .. " t).. 0 ,<'.
, .>. '.' '. '.,;;~ ~'~~3 'O.~...~ .~:~ :...~~:~~i. , t~
". . ';'i'Cl,,:~ OL"ef u.i/'i:J:l II): ...... ~ . ..... ~. . ~
., .':U Q ,~.- ~ ~;4' .. 0. i't- "OJ. Jt. .~~_
= ~'!' 1>. ~ '..,. _.:.. "",' _.: .t; .,., . : <
. '..~ L. ~. 0>.: "'"' . '4) - ........~.,w.:.~.. .:
, .'It:l l:'"" - >; ~ .... 4) . - ',C'
. '. I::l ..... : .... - ~',c -CI,)' t!. ''is:. i;:;:
..: ':., ~ rr ~~.! ;e. ~.~.- .,'2 .J;
. J',.:..;I ,,"' =.~ .~. ~ e'::~-'t1";t' Z. j;Oij.~Ja' - . .if
.' '.. <f,H< 11 1::':' e.:1 w: tq ~ Q' ~r''U:~: " R
. . ;o(:.ec~~(: Oi<.u.; '.,c. .J:I,.. l:1,(~~~=r: ..' ~
LIC.:'::.~ e .~ .~~ ~.~ i ~ ~ ~ '~'.g:..f :~] ~. CIS. .o"~~
"".:'8 ~ J~ ~. .4) 8.<a . g ..~ :-' .....;:~:J ~ '~f.~ '.m 'e ~~.
. . ,':.. ~f ~ ff: ~ ~.; - .at ~ ~.'. ; at '~';a..~c.~" &;
'-,;jlio,u:::.~'''' "Q:t . 4)'..'" ilt: ~ t!?"!I:i":s.~..~...,tl/.l'41
.;e ~: rl.'~ ~:a' s:;~. ,~. :~::(J' ;tt.. :e>' II':;S'~~ A"'" ,
. 0 ~ '0 Y1. ':Q . _'= .. 5 ~ 'Q: GiI'. t:t;. i> ;,.., i
. .... ". - >. c::: ,lllb 4);::1 ~ ....... ~ 1 ~~ . I'.:I-~.... ~ ,
~ ~,(J ~ = 0 ~ 1Il .~ :0 ." ...il!! :~ ~ ,. .~ :.~ 'B' if! ~
. ,.;=. ~ ~ ''Q ::a.... c <:)::::1 . '.. . :;, ...... il> _ $)
. . ...#:;.t; it} ~,!l.\ Q1l c:: . c'I.l ~ !l';); 0 ~ - .:.4).... G *
:a . . .~ ""'. II) .~.... !!>. U ~ ~s u::: .c:::.::;: c:':U t: :1' = ' ~ ". Jl). ~.
. . 0 ...,... ... ;:: :ti. .,....... -,. .....,.. . ,"". .lili II) .. "'..
:~"!' . . :' ;;., ts;,~. j; i' 'g :9 .,~. ~~ 'i:; iY" !f~" -'TiS .=;.~ :g IS'
'.' ~..; J. :~.t='tt ,_"~'~'Q'.s.'o-;~~ ~":c . rs"l [Q:8
....~ ..'sj i~"iJj,g.i;~~,r-i;,i~i;~;l~~u~i' ',.
". .:;~ .... <~:~ ''C;' "'iII. "~'.'1!" ,~.o .!*'$:l.::.......:i'~. 0',0':
: ~.,... ,:': "'.::"'.:.'. :.....'~.:.. .:. :elv.;....:.. 0.:' ~.:'.. .:e:!!'.~<~.;.$~..:c::i$(~.:.
,'.'.~! .~:I.tiil;t!a:,I:~'~l!,l~.~~J,
. .., >; ..'i.!(Jk..... .t....;. ~J'l~~.~..J::l.~....,...fQt
c:: .' ~ it ' !'Q ..~:~ ..t!:' . "1' Q....
..' ..-~' Sli 1'''''1''1';$ 3 ! j'~ ;: ~.:. ';a ~ ~.: ~;; Q ~"
'1~' .. :.J:: 'E -"",,;Q ..~ ;:Q ~ 'i ": :~i:j:':' ..~ a <j;i< .-
'~] ~ .. ~...~ .~ ~'.I y:~ :; :!: i .; ]f.~ l' ~ ~ 1"
u " JeB ~ r Ja ~.~ B ~ \1~'.ld'5~~~'" ~A
. . ".:': ;/ .' . :.: : ," ::. _ ~'}~:-r: ,'. ::~:.;~;i.:. ;.:~~. :>:;;: "';,;.~:
!-." ~ J{ C ail ~u II) "E .>, . 1-0 '~'.!l.> ~. '.~r,.jj.i;u.. ~ llJ
..~ t~ ~ 1 ~ 1 'S ~ li j',!'i' i.-".: ::~ :~:.~ i,'-s
0':' ,.0 ::l -.9~ ~~ ~~e ;:': > .i''4'i,.~,~.~ ie
~ .:Q... t' ~ p .... .IV" 0 '~.,~.~ ~. .'=': . .~Q
W,' "",;.e <:) Q;l e.ll fj 'm e ~ '~"lI;i>!l:? .~:, '41. ." 100
I. rg ~ ~:~ ~ is ,$ ~ :!. o:~ a.-~.' "~~:.:5 'i'~ '.
O~Q'E:;<<l e8~J. ......~....;'-l!I~
. ~.! '~r~ J! -=" .~ '; '1:,-"~ ~;~ :~.:~.~;a:;;; ~"~" .'
(.) 'f'of .& 11' J;;l. Q ~ ..:G\i ~.~ . ~: t ~ Itf..~ 'I~' . 10 .',
.., = I . ~ Q B $ ~ . 't.~ . ~ ~. ~.' ..'~ 'ii:~:,' ....: . . .1i..:jL
;I ~.~ .S ~ .; ~ $ .~~~ j.~ .'::.~.: ~'!~r ,;.. '.if:~"':"o 1'"
'~...l I i c5 .~ ~ ~ a 1 ,; ~ 'i J ':; :'~ =1 u ,i . g ..~: 1
.'.":;:
~~
:~: '.'
,g ..,
'"'0.... 1.1. I.UUU U'.~It'IH J luUrl\UV&;.11 -"'-LV.Jr\1 101ln 111.)1
~~:;'4Ib44l:1l:1b
T-IZ3 P.OOl/003 F-004
DElRAY 8EACH
. , .. . . .. ...
*****
All-AmBrlcaCity"
, , II J!
1993
2001
information:
CITY OF DELRAY BEACH RECE\\fED
BOARD MEMBER APPLICATIO~tC 1. 'l1\l\lo
C\1'()J)'J;!1!J )/
M. I. E.-
Name .51-ev€P'1
Ciry in .f) h
OOCC{ v~q 7 o/)
s
~L
Stare
Zi.,p Cod~
.:/3<(3/
Zip Code:
1.
2
3.
Gry
4.
Gry .(V/1- LC{ VG
State Zip Code
kc-
6. Dare of Birth
'J (9~ 173
~1.5
9.
~
DATI~
Nore: This application will remain on file in the Gry Clerk's Office for a period of2 Yt.-aIS from me date it waS
submiru:d. It will be the applicaur's re3ponsibiliry ro ensure chat a cunene application.is on file.
........,.. ~.. ............ "'.. .....,....
. . ""'... .''''''........ ...........,.,"'1'. IU ,.11 1"<oJ,
Tll:J'IID'I'IllllD
I-I'j r.UUj/UUj f-004
STEVEN E. WALLACE
4301 N.E. 5TH AVENUE
BOCA RA TONt FLORIDA 33431
Telephone: (561) 400-3896
Email: rcrun34440cmaol.com
EDUCATION:
. Syracuse University College of Law
Syracuse. New York
GPA: 3.5, Top ]0%
Honors: Associate Ed'tor. Symcuse law Review, Tax Moot COUll Team. Justinian Honorary Law Society
Juris Doctorate, cum lm.de .
May 1999
Brandeis University
Waltham, Massachusens
CPA: 333
Activities: Member. I'hi Kappa Psi FraterniTy, Disk Jockey and SportS AncJlor, WBRS-FM
Bachelor of Arts in American Studies. Cum Laude
May 1995
EXPERIENCE:
Ruden. McClosky, Smith, Schuster, & Russell, P.A.
Real Estate and Banking A.ssociate
2006-Presem
Fort Lauderdale. Florida
Genernl large-scdJe developer represenlalion in every stagc of th~ devclopmenr process involving transactions
throughout rhe lhtilcd Srares. Represemadon of puhlic c.ompaniesin purchase alld slllc transactions llndcommercial
leasing matters throughout rhe United Stales. Practice also includes narianal lender reprcsentation in rransactions
throughoullht Unired Slares. including construction. condo-holel !lnd condo-coll\crsion loans. and corporate finance.
Gunster. Yoakley & Stewart,. P.A.
Real Estate Ass(.ciare
2005-2006
West Palm Beach, Florida
Genoral real csrar<l practiCe.. including developer representation in every stage or the devc;lopment process from land
acquisition. neg.otiarion of constrUction contrnet. ncgoliation of finance documents, preparation of associarion
documenl.s ro closing of complered units. Practice also includes represcntation of various propeny owners in purchase:
and .sale transaerions, commercial I casing maners. negotiation of property management agreements. und gencral lender
reprc.~eO[oti"'n, including conStruction loans. acquisition and developmenr loans. and corporate finance.
Wallace & Mellinger. P.A.
Founding Shareholder
2003-2005
Boca Raton. Florida
Founding shareholder ofbouliquc tim) with II broad hased praclice including title insurance. residential llnd commcrciai
relll cstllle. corporate securities. commerciallitig8lion.community associations. recll estate: finance. and land USe.
Sachs Sax Klein, P.A.
Corporate and. Real EState Associate
:W02.2003
Boca Raton. Florida
. Drafted real estlltc purchase 3greements. commercial leases. and corporate merger Jnd acquisirion agreements.
Winstead Sechresr and Minick, P.A.
Corporate Securities Associate
2000-2002
Da lias. Texas
Drafted finance agreements, securities documf:ms. merger and acquisition agreemclIls. and general corporate contracts.
BARADMJSSIONS: New York (2000). Texas (2001). Florida (2002)
OTHER DISTINCTIONS: Approved rille agent wirll Anomeys Tille Insurance Company and LandAmeriQI,
licensc:d Florida mongage brok~. and licensed Florida Rellltor.
COMMUNITY ACTIVITIES: Board Member. City ofBocll Raton Environmental Adyisory Board. BOllTd Member
and Classroom Tl:acher at Pompano Beach High Sellool, Junior Achievement of Sourh Florida Protessional
Connection, Memb~r, Palm Beach County DemocralicExecurive Commiuee, Volumeer Coach, West Boca Basketball.
V olunlee:r. Jewish Big PJ.I Program, tlnd Mcmber, Young Adult Division of Broward Jcwish Federalion.
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM Ax- REGULAR MEETING OF FEBRUARY 20.2007
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
TO:
FROM:
DATE:
FEBRUARY 16,2007
Ms. Evelyn Dobson submitted her resignation from the Community Redevelopment Agency effective
December 26, 2006. This creates a vacancy for a regular member to serve an unexpired term ending
July 1,2009.
Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or
she resides in or is engaged in business (which means owning a business, practicing a profession or
performing a service for compensation, or serving as an officer or director of a corporation or other
business entity) within the area of the agency which is coterminous with the municipality and is
otherwise eligible for such appointment. The City Attorney has determined that anyone who resides
within the City limits is eligible for appointment. A person cannot hold any other public office other
than hislher commissionership or office with respect to the Community Redevelopment Agency.
The following individuals have submitted applications and would like to be considered for
appointment:
See Exhibit "A" attached:
Please note a new application has been included from Ms. Veronica Covington.
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered with the exception of Mr. Mercatur
Guerrier.
Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4)
for one (1) regular member to serve an unexpired term ending July 1, 2009.
Recommend appointment of one (1) regular member to the Community Redevelopment Agency to
serve an unexpired term ending July 1,2009.
Marlene Brown
Reginald Cox
Veronica Covington
Mark Denk1er
Joe Farkas
Katherine Fazio
Joseph Ferrer
Jennifer Ferreri
Gerald Franciosa
Diane Franco
Bruce Gimmy
Mercatur Guerrier
James Houck
Jan Kucera-Winney
Gregory LaManna
George Maso
Leonard Mitchell
Christina Morrison
James O'Brien
COMMUNITY REDEVELOPMENT AGENCY
EXHIBIT" A"
Resident/Business Owner
Resident/Self-employed (currently serving on the Parking Management
Advisory Board and the West Atlantic Redevelopment Coalition)
Regional Director-Security Surveillance
Resident/Business OwnerlPresident (currently serving on the Parking
Management Advisory Board)
ResidentlManagerlBanking (also applying for the Historic Preservation
Board)
Resident/Administrative Assistant (also applying for the Education
Board)
Resident/Business OwnerlPresident (currently serving on the Police
Advisory Board)
Resident
ResidentlRetired/Law Enforcement (also applying for the Education
Board, Historic Preservation Board and the Neighborhood Advisory
Council)
ResidentlRea1 Estate DevelopmentlManagement
Business Owner
Resident/Business-CEO
ResidentlProperty Management (currently serving on the Board of
Construction Appeals)
ResidentlRea1 EstatelBusiness President/Service Manager (also
applying for the Historic Preservation Board)
ResidentJDistrict Aide (also applying for the Historic Preservation
Board)
Resident/Semi-retired/Consu1tant (also applying for the West Atlantic
Redevelopment Coalition)
Law Enforcement
Realtor
ResidentlProperty Management
Kenneth Peltzie
Jerome Sanzone
Dinah Stephenson
COMMUNITY REDEVELOPMENT AGENCY
EXHIBIT" A"
ResidentlHealthcareNice President
Resident
Resident (currently serving on the Public Employees Relations
Commission)
COMMUNITY REDEVELOPMENT AGENCY
4 YEAR TERM
104 W. Atlantic Ave.
Dekay Beach, FL 33444
01/07
Diane Colonna
Executive Director ofCRA
TERM REGULAR MEMBERS OCCUPATION TELEPHONE
EXPIRES
07/01/2009 Peter Arts Life Insurance Office: 395-1433
Appt 07/05/05 1746 Fern Forest Place Agent Home: 637 -3640
Dekay Beach, FL 33445 Cell: 703-4770
Fax: 395-4755
07/01/2007 Thomas F. Carney, Jr. Attorney Office: 330-8140
Appt 06/17/03 1219 Vista Del Mar Drive Home: 272-5010
Dekay Beach, FL 33483 Fax: 330-8233
07/01/2009 Office:
Unexp Appt Home:
Fax:
Vacant
07/01/2010 Howard Lewis, Vice Chair Business Owner Office: 276-5183
Unexp Appt 04/15/03 2953 Sabalwood Court Home: 498-3651
Reappt06/'}JJ/06 Dekay Beach, FL 33445
07/01/2008 William Branning Office: 272-6350
Unexp Appt 05/02/06 1461 SW 15th Street Contractor Home: 368-1958
Boca Raton, FL 33486 Cell: 350-7552
07/01/2009 Angeleta Gray Business Owner/ Office: 243-7919
Unexp Appt 11/21/06 696 Udell Lane Cosmetologist Home: 276-9578
Dekay Beach, FL 33445 Cell: 350-0611
07/01/2009 Franklin Wheat, Chair Realtor Office: 278-2628
Unexp Appt 04/15/03 12195 South Dunes Road Home: 737-3600
Re Appt 07/05/05 Boynton Beach, FL 33436
Contact person: Diane Colonna 276-8640
s/city Clerk/Board 07/CRA
Commission Liaison: Jon Levinson (Primary Member)
Brenda Montague (Alternate Member)
0alI1'~~~
David T. Harden, City Manager
100 NW 1stAvenue
Delray B'each. Fl 33444
Re: Resignation
N1Y;Halid'en:
ce: ~J ~
/;L/;Lil~:J
RECEIVED
DEe 2 7 2006
CITY MANAGER
RECEIVED
DEt 2 a 2886
CITY ClER\<.
.~~f)ting, a position of employment with the Derray Beach Community land
TltJ~.-~ctiveJanuary 8, 200.7, I wilt be resigning my position as a Board member with
tt'1r~~Y Beach COmmunity. Redevelopment Agency. It has. been a pleasure and an
e~n~t1i::le that I was blessed to be apart of over the last year and I thank everyone for
t~~itr~pport.
I Wilt see and work with aI' oftl'1e- G. R'.A Commissioners and Staff ina cflfferent capacity
to;ensure Delray Beach, as an Air American City, continues to be a Better place for alHo
live.
Evetyn S. Dobson
1
DRRAY B'EACH
........
*****
---,
, ,...., ,.-' r. r- \ V E \.~,
, ',~. , . t: "
w~""'" ,_ ...........
CITY OF DELRAY BEACH' ~,- ,7 1.006
BOARD M.&MBER APPLICATldil '-', cRt<.
C,4\"( \..;L~'
· I 1/;7/d
AHnIericaCity
't II I!
1993
2001
Please riot the follo -
1. Last Name:
information:
Name
A
City .
l)Ej:..~AY
City
State
rl.
State
MI.
~
Zip Code
33L/4.f"'
Zip Code
ElliE
2. Home Address:
!r(j
3. Legal Residence:
ilt . '
6/tME
4. Principal Business Address:
,.;' Iii-
City
State
Zip Code
1f'l9-1f/ 1/'
6. Axe you a registered voter?
ZE"NMA~ @~pAi;,(lef
If so, where are you registered?
,f? S , 12}:"t../<. AY
7. What Board(s) are you interested in serving? Please list in order o~ preference:
Business Phone:
IV lit
E-Mail Address:
Cell Phone:
Fax:
. 5. Home Phone: '
Be7}(
C /fA
8_ List all City Boards on which you ate cuttendy serving or have previously served: (please include dates)
, 6 ofl D '
"'5 f~rms 01"1 /:D s6ftRO Re+l(ed, 'hr D~r
9. Educational qualifications:
G/-lIiDV/7iE (;.obcJlE/f Co~'-ec.E ({3~)
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent eniployer, and position:
!jt/S/JJ[;SS ()WNtt:.l~ MAN? crVR..Eo -rt:IVNt5 7J~(;"S~~S .tJ14Ne<:l,eA-6"ct. /k;(;#
'12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
AI-( j 7"e7lffsr~t> /NHa-.?irUc 72> 'fJk!FAfG PFA::>t2.0~&tr Ii t:' 7b l1&--LR.~
A-M
/Jt;.ffrl=-th.. ~" v.l
t:Fl R..IU .
- ;.,Lh-5' J3efN 5r'E,QT I3.c~c.
(Cfd))
''{3 Fo-R. T>
/6L(/.,.... IV C IVIe. Irc7 /c/l--t~5 i> Xu {,~ t-l """0 COATttVOr:: -On cHis
I hereby certify that all the above statements ate true, and I agree and understand that any misstatement of nuterial facts
contained in this application may cause forfeiture upon my Par.t of any appointment I may receive.
0v~}~ r!rl!ot,
SIGNATIJRE ' DATE
.i.. -4ote: This application will remain on file in thee 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 cuttent application is on file., '
S\CtIYa..I!RK\BO.AlU1\APPUCA.nON
"''''./ "'\,
DE1.RAY BtACH
~
rqii!
P)c:a.:.;c cype or prim dle foUow.in~ info~~ti~I1:._
1. l~'it N:un(~:~<!Jf'C
2. H;;?j: Ad dr,.j W
3. Leg-.d Residence:
7AIVte-
; 4. Pondp:U BUl,iucsr, Addtcs~:
I
7At46
l NAl.--t>
City~~y Q-: I
.. .~
City
Jf
State
.il-
Stale
It If
,?;-{ ~tJ 7
RECEl\fED
AUG - 9 2005
IY .c~~~K
M. \~,.
Zip Code
33:4-4
Zip Code.
.'t / I
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
.J993
2001
II
City
,(
~(
SIa.IC
~ I...
7.ip Code
/.
'.
-
5. Home Phone.:
~/.;'Z1Z!1rJ 5
6. ~-\Ie you l\ J:t'.t.is((~l.ed vote [;:.
Business Pbone:
)bj 2{n-/{pJ(;
e7
E-M~i1 Address: Cdl Pilone; f':LJC:
(<aCt/(t: 4rt tJrj S1!~f!Z~(I.3>..t_ ~/- ~/f)3J
It ~'O, ~vh(,:J:e :lIe. Yp~J:e-~~.._.~.l/.._
7_ \X.'lallt B<.ljln1(~) l\!\'. you inh:rc.:;tcu 3crvlni.6' f.'lea:>c li5c in otcl~t" of pr~fl."J:C':n{;{';
~ ..... . --.. - . .
"F4VJAJIIv'& _. '?ojU/NO. c..~t 11/tf157 A-TZ. jq:(A9Vp
8. l..1~llill City Boards 00 which you .tJ't~ '-:lJrr~ntlJ $c7t';'iog Or ha..c previomly sern:d: (Plea~e include d3.lC::~)
{;tV'7fl(.U{11m1 cA-~G" f7pKAE> 0~}
J. 'Educational qllalifi('.atjom;:~ i - - /' ( ~. .
~~ /.?v7/1f/G97 A/AN4'/~' t>+cHGLo;-cr::>-/".....AKt:,117?%IJ)<73-.'
. .)/.~. e -'1// ? 5/wv _ .__. .
10 List any cel'ued }Jrole.'lsion.al t:c.:tlihc:t11on~ :u.l.d li':ense-s which you hold ~
...... ....._ ~ E-><rtltl/. ~
/' ~?lfZ1:!i:-jr
11. Give your pr.:esc.nt, or .1.lO~t Wccllt (:mployer:, ~nd position
r @I-( ~: I
'D C/fr/ iJ;F ~ )r//7rlc..
J --~/ .1.<;'..../2
<-..__~ I ~ ~
.12_ Dcscri ~eJ:ie.f\Le.S, s.kllh ut kn(Jw!cdr;c which qualify Y('1l r(. ~.r.t\-t': on this b'Jud; tPll.'01~c. atbc-h ~ ~rid re$llmc)
/61&~7ff?_~)t~~./~Gr /,;ItJ 7iV-~ A~ /~'O?-~7~
Ihl'fB1~(.()/{?' OE~/4A.r ~A:::.%~/ ~~n~_t9lc~
I hereby CC(tify that lion 1.11': ;tb<.:.vc l.'Utcmcnts arc rme:, :Hld [ .iJ;,:r:cc :\nd unda.stand dut any misstatement ~")f matcr:Ull (1.et:>
Ct-,ntaifll':d . . :\pplic3.tiol}-,may CJ.\lSe. fOtteiturc: up,,-.n my part of ~ny ;'ppc.lntmt:nl I m,~)' reccive.
/' . /./ . . BIB 10.)-
DATI! {
· T"'\te: '~ llPplk:uion '.villlCJ.l1ai.n on fjle ill th~ .City t:i~k's Office for.... period of 2 ye:.u:s from the date it WllS
:mbmittt....t It will be the ;\ppL.(,~llfs rt:!iponsibility to Cllsure..: t halo ~'l CUJTt:fJt appJir~tlon is Of! 111(:.
"",rTW:J J'J\o;~IfO....r...\."rf'iI(, .....nn."l
uhtJd I ~Hfl8
m Regg1e l,;OX
1:0 L~.;).;) II~
<<~ O/~/'vvv ...~~ ~~
---,---
REGINALD A. COX
715 NW 2".1 Street
Ddray Reach Fl. J3444
(561-573-1131)
Itl:GCOX@AOL.<.':OM
Objcclj"c~ T(J IJfm'ide qIlBlit.~. I'rnressioll~1 sen.' ice support~ to 1\ good lesln, in an: arthitt!ctu.-al.
cOIlstrudiotl, or rellHed environment that nffer.; nellibility ADd promotes professional dl!'\I~lophltln(.
HIGHLIGHTS 01<' QUALIFICATIONS
. 15 years diversified e.'illCflCIICC in Archilecrure. Ci~'il Fogineering, Construction Managemel\t, and
Surve)'ing/t\'1apping. is )'ca~ an:hitcclural ;;pecific.); Ability to prioritize. delegate, aod motivate.
. Quick learner; thrive in a dynatnic~ challenging environment; Work cooperau\o'ely with a wide range of
c1i~nts; Srare I.icells.ed Architect. Stale Licensed Building Inspector: State l.icen;;ed Pl<.1l1s E.'(Jminer
RELEVANT EXPERIENCE
ConSlruetion Documentation
. Oversaw, updall,J. Drid IIIl1illluinc.l civil t'nginetring sy.,tems drawing.!> for the City of Uelra)t. Beach
Enviroilll1~nlal S.::rvicl'~ Dc:parlfTlcnL k,f fnur yellr!;.
. Successftllly completed archilectural constructioo documents (or educational, office, re.sidential,
commercial, dod retrofit projects over ltle last nine years.
. AJlillyzed Zlnd interpre.te.d legal dcseripu')J1s lo pmduu; digifal SlITwys. maps. ;lnd resource planning,
bO\lod<lries. Conservation and RccrcarioIl Lands Pmgnlm (CARl.), Fklrirllt r>ept. (If Fn\'. Protection
. Production Team member for sevf:nll c~lmm~~iaJ, oftice. and education~l faciHties in Centrill Florida.
. PeI1'oJ'med conslruclinn um:umcnhilinTl n:\'iew for compliance with municipal. stale, atltl nalioll..'ll
bui]din~ codes.
. f'erfoml structural bullding inspectjulls fur residential and commercittl tacilhie.s.
. Perhlml shop drawing review fo)" multiple educ:ltionlll, 1l1crclinlilc, and l1u$in~~~ facilirie:').
.4d mln jstTa tioo!1\1a II Rgcm C II t
Rc~rilnsihk fi)r lmining llnd overseeing drafting lechnicians in the production (If wurking dnl\vin~~ tor
mulLiplc comm.:n;r,.lI projects. Sverdrup CRSS. 19~a-2{jOO
. Succ~ssliJlly man<tged vilriolls m"Chitectural proje-Ct5. wiLh budgds over $ LOOO.nOo from prelimLn~ry
d~sign through con~tTUction documentatioll.
. Kesponsible for rcdu~ing cilllsrnJctiOTl document phase by 50'Yo on 45.000 SF mercantile projects.
. Monitored alld reported Cns,l infimnation to "rea ellj!,ineers <:lnd a~hitects for COSl control datu ana
collected information for spedtic di$ci.pline. Bechtel. 1992
. Adrniniskn:u :\uhcnnLract proc::eflures. a.i applied to lower-lier subcontraclors, l3echtcJ 1993
. Produced sprelldsh~ets ,1.<, required lor submittal. inspectiotls, and hoisting. <Iud rigging as p\:rlaining II)
subc.antr3cts under the U.S. Depm1menr of Energy prime COlltruct. Bi,;~hlcl1993
. Ovcr~<lw IUld dircch:d FA\-1U-NOMA administrative functions (19~J-IW6)
. Developed division of rC5ponsibilities and standill,!:!, committees
. Oevelop.::d and ~upcf'ti~..:;d organi:tal i.mal budget.
Cumputer Skills
. Responsible for upt:lating. (.ornputer hard,,';are and software, working <lS offic.e li~ison for computer
problems. Office of EIl\'irolllllenlal S(;(\.ice.... :)Uite uf fl<Jfida
. 1 J years di\'ersifled e:'\periencc using AublCad (Rclca~l.: 9.:2000)
. OJmpleted course in Advanced PC Troubleshooting. (June I 99ll E.'l$t:l]ti~1 SemLJ\<'ITs)
. Competent user of a variety of software which induuc MicmSla1iun, Micms()ft Word. F.1icel, Outlook,
CorelDr<lw. \VordPert~.;t 7.0. ArcView, Novell GroupWisc. AS40l>, and Aulo ..'\n.:hl1l:c1.
. f'r~ilog Project Manger 5.1. 7.0
[l Reggie Cox
to 2433774
at tl/~/~UUO ~~:oo AM
UU~/UU~
\-VORK HISTORY
JlUl'OJ - Jun'05 .Plans Examiner/Bldg. Insp.
Noy'O] . St:pf03 Project Coordinator
Oct '00 - No\,'ij) !'I\lns Examiner II
A\lg -98- Oct '()O Project Architect
No\' '97- Aug '98 Pr(ljecl Architect
May .97-No\,'~7 Im~m Architect
Se~l '96-Feb '\)7 ;\rchileclur.ll Drafting
Dee '95-Y1ay '1}7 Engineering Tedmiciall TlJ
Au:; '93-Dec '95 A\llQCad Oper.l1oJ
MllY '93-Aug '93 SUOcontr\lct Technical Rep.
Jan '~12-Aug'92 Fitdd Techn.ician
.lull '86-Vec '91 Draft:spef"S(ln
City QfRoca Raton, Uoca Raton, FL
FanDing/Howe)' Associates. We~t Palm Beach
CiLY of DelT'l}' B~ch, Deltay, l'L
Sverdrup CRSS. Orlando (,Iacobs Eng. Group)
Slolllcr Stagg &. Associ<ltes, Orlando
Hunton Arady I'T)i(IT M<lsO Architects, P_A.,OrL8Jldo
Gt)udwin-Gumlwin .md Associates, TallRhassee
Slale uf Flnritla-Office of Environmental Services
Stale llf FluricJa-Rurwu of Survey and Mapping
Het:.htcl CClnslrucI.ion.Aiken, SC (SRS)
Bt."~:.hlcl Cunstruction.A i I.: en , SC (SKS)
Cily lIf Oclruy fkach-Fnvironmenful Services Lkpl.
EDUCATION
MaSI~r of Busine~s Administl'&1ion - CKIVERSITY OF PIlOEt\lX, 200 L
Ba4;helor of ArchiteClUl"e - flORlDA A&M UNIVERSITY, 1997
il3chelor of Science, Architocrural Slutli.:s- FLORroA A&M c"t-.I VEKSITY, 1995
Associale of science. Dratting/ f).:si~n Technology - PALM REAC.H COMTvfUNlTY COLLH.iE, lWO
Associate of Arts, Educ<ltion - PAL~1 BEACH COMM{ NTTY COLLeGE, 1 W 1
OEI.IAY BEACH
........
'" '" .. .... *
-.-- "
',ur
1993
2001
CITY OF DELRAY BEACH ..:Jfd t? t
BOARD MEMBER APPLICATIOIIIECEIVED
FEB 1 5 Z007
information: LE R K
Name M. I.
COVING TON VERONICA K.
City . State Zip Code
2. Home Address:
City
3. Legal Residence:
4. Principal Business Address:
City
6. Date of Birth
DEFRAYBEAOi
E-Mail Address: Cell Phone:
COVINGTONV@AOL.
561-276-9880 OM
7. Are you a registe.ted voter?
FL.
Fax:
33444
1030 WALLACE DRIVE - UNIT "Bn
5. Home Phone: Business Phone:
561-276-9879
If so, where are you registered?
MAROiOl,1954 YES PALMBEAOiCOUNIY
8. What Board(s) are you interested in serving? Please list in order of preference:
COMMUNITY REDEVELOPMENT AGENCY
.i 9. list all City Boards on which you are cuttendy serving or have previously served: (please include dat~)
NONE
10. Educational qualifications:
COLLEGE GRADUAlE - SEE ATIACHED RESUME
11. List any related professional certifications and licenses which you hold:
LAW ENFORCEMENT - STAlE OF FLORIDA
SECURITY GUARD - STAlE OF FLORIDA
12. Give your presen~ or most recent employer, and position: REGIONAL
Dffi..-SO FL.
BLACK. HAWK SECURITY
...___IN1ERNATIONAL, INC.
y
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
DEDICATION AND SUPPORT OF "PUBLIC AND PRIVAlE "DEVELOPMENT OF COMMUNITIES IN TIlE CITY OF DEFRAY BEACH
o FOSTER A WARENESS IN RELATION TO TIlE GROWTII AND FU11JRE OF OUR CITY. (SEE ATTACHED RESUME )
are true, and I agree and understand that any misstatement of material facts
orfeiture upon my part of any appointment I may receive.
FEBRUARY 16, 2007
DATE
Note: This application will remain on file in the City a~s Office for a period of2 years from the date it was
. .. . '" "'. .. ,-.
Blackhawk Security International Incorporated
"A Total Quality Services Company"
1030 WaIIa:e Drive, Unit"8", Dekay Beach. Florida 33444
.Office (561) 276-9880 -Fax (561) 276-9879
Federal Tax 101# 52-1753209 website: www.b1acksecuritvhawk.com
VERONICA KAY COVINGTON
-,
BLACKHAWK INTERNATIONAL SECURI1Y, INC.
March 2OQ5.Regional Director-South Florida: Respontlbllities, but not RmIted to:
.Ac:c:ountable for the planning and design of security programs and ~ures.
-Ensure all procedures. poUcIes and client objectives are thoroughly understood
by security team
-Recruit, InteJvlew, select qualified securitystaff and retain
-Train, motivate and develop securtty team to reach their fulest potentia!
-Schedule an guard assignments
-PayIQIl prepntion
eMaxImIDbuslness opportunities
.fadl" protection from and resolution of then, threats, and other situations
-Establish network of contacts
. Critls manigement, lnvestigation, crowd cqntroI and facility security
- Prepare, present and negotiate security proposals .
. Securtty Consultant on needs of prospective and/or present client
- Uaison with law enforcement agencies ..,d local Officials
· Repolt writing for submittal to cHents
- Lunch, dinner and/or securtty mMn when or where needed
- Offtce Manager and a myriad of acIIvities....e.f..vpefty1nspections. resolution of employee
or client problems, schedule confticts, $.
.Unlform selec:tion, flUing and purchase'
-Attend business and client meetings and trainings
-Sulines$- Travel
LAW ENfORCEMENT EXPERIENCE:
City ofOetray Beach Police Department
1976 - 2004 Detective: Criminal Investigation. Section. .lCIvenUe Unit
Investigation of rape cases (Adult and Children)
Inwstigation of all cases InvoMng other crines agaiMt chlldNII
1974-1976 Patrol Office: Delray Beach Police Department's flrstswomfemale office
EDUCATION: Barry University
Palm Beach Junior College
Nova & FkHida AtlantIc Universities
St. Petersburg Junior Colege
Fox Valley Technical CoIege
VERONICA KAY COVINGTON
CAREER ENHANCEMENT TRAINING: In excess of 2,000 hours of d~mented training.
Instructor
Instructor
Trainer
Jun 1999
Apr 1999
Mar 1999
Feb 1999
Nov 1998
Oct 1998
Jun 1998
May 1998
Feb 1998
Jan i.
Jul 1997
May 1997
Feb 1997
Jan 1997
Nov 1996
Oct 1.
Aug 1996
Jun 1966
1996
May 1996
Dee 1995
Apr 1995
Mar i.
Apr 1994
Apr 1993
Cultural DiversIty
Domestic YlOIence
Youth Crime Watch of America
Cognitive Behavioral Treatment of JuvenJle Sex Offenders
14f11 National Conference On Preventing Crime In The Blac:k Community
Beyond Basics: Investigation & Prevention of Parental Kidnapping
Police Leadership for the 21st Century: Women Achieving Equality
Adolescents & Children Who Molest Children
Child on Child Sexual Abuse
Umited Access Tenninal Operator
Sexual AbUse "98"
Florida Sex Crimes Investigators Association, Inc.
13'1' National Conference On Preventing Crime In The Black Community
Child Abuse and Exploitation Investigative Techniques
Windows 95 Instruction
EVidence Conectlon of Sexual Assault Rape KIt
12th NatIonal Conference On Preventing Crime In The Black Community
Overcoming Negativity in the Workplace, DBPO
Responding to Missing and Abducted Children
Investigating Child Abuse Deaths
Stalking Assessment and Investigating
Victim Sensitive Po~clng Techniques
Juvenile Delinquency Update Law Enforcement
Problem Orient Policing
Investigating unusual Deaths
11111 National Conference On Preventing Crime In The Black Community
Home Safe Rapid Respond Training
1()Ch National Conference On Preventing Crime In The Black Community
SHOCAP Initiative
9111 National Conference On Preventing Crime In The Black Community
8lh National Conference On Preventing Crime In The Black Community
Sept 1993 The National Institute Law Enforcement Ethics and standards Training, Inc.
_Leadership eEthlcs, PBCC
May 1993 florida Department of Law Enforcement Search WalTant School
Dee 1992 Bloodbome Path, South Technical Center
AlIg 1992 Policing the Culturally Diverse Community
May 1992 Colposcope Training
Apr 1992 7111 National Conference On Preventll'!g Crime In The BlaCk Community
Apr 1991 6111 National Conference On Preventing Crime In The Black Community
Apr 1990 5111 National Conference On Preventing Crime In The Black Community
Oct 1990 Basic Asp, DBPD
JJJI 1990 Side Handle Baton, DBPD
Apr 1989 The Experienced Driver Course, DBPD
Mar 1989 4111 National Conference On Preventing Crime In The Black Community
Apr 1988 Serious Habitual Offender Comprehensive Action Program
Mar 1988 3n1 rei National Conference On Preventing Crime In The Black Community
Oct 1987 Juvenile Justice Conference Kids, Kids, Kids
Apr 1987 2nd National Conference On Preventing Crime In The Black Community
Mar 1987 Sexual Exploitation and Physical Abuse of Children, FDLE
Aug 1994 Kubotan, DBPD
May 1984 Interdisciplinary Institute Rape Science Training
Apr 1981 Instructor Techniques, PBCC
Nov 1980 Introduction to Police Operations and Leadel'$hip, PBCC
Oct 1980 Crimes Against Children, PBce
Sep 1980 IdentI-K"1t System, Smith & Wesson Law Enforcement Group, PBCC
Jan 1980 Sudden Infant Death Syndrome
Mar 1978 FBI Major Case Investigation, PaCC
Jun 1976 Criminal Investigation Techniques
xxx 1976 "Who Does VVhat When", PBce
XXX 1975 State of Florida Police standard & Training Police Academy
AWARDS I COMMENDAOONS
May 1999 Adninistrative Services Divisional Commendation
May 1997 Chairperson of 12lh NatIonal Conference On Preventing Crime In The Black Community
Youth Talent Showcase
Jun 1993 Student Council Award, Congress Middle School
Apr 1993 Host Committee Chairperson, P National Conference On Preventing Crime In The Black
Community
PROFESSIONAL AFFIUAOONS
Fraternal Order of Police
Minority Law Enfo~t Coundl
National Organization Black l,aw Enforcement Executives
Exchange auJ>> of OeIray Beach, President 1991.1992
*****
/fl/ /07
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATIONC
DEn 1 2005
CITY CLERK
DRRAY BEACH
f , 0 . . ". '"
MAIlllkan
'11It
1993
2001
information:
>>~ &. A--rliv''h'c.. 4ve-
City
Vd
t~
Cell Phone:
M.IW
State ~i!~e
FL
State Zip Code
State Zip Code
f=-l,. ).>~
Fax:
\) e..n
2. Home Address:"
.>Z-O
3. Legal Residence:
S4.~ IL
4. Principal Business Address:
Name
MArK
7!!:- S,.-
5. Home Phone:
Business Phone:
E-Mail Address:
~h<~~7~~ ~7b-'~{O
6. Are you a registered voter? v If so, where are you registered?
Ie L
7. What Board(s) are you interested in serving? Please list in order of preference:
eRA
8. List all City
e currently se .
10. List any related professional certifications and licenses which you hold:
e)
GNATURE
DAlE
Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
SICI1YCIJlRK\BOARD'IAPPLICATION
/Jt1~
MARK DENKLER
320 N.W. 9TH STREET
DELRA Y BEACH, FL 33444
EMPLOYMENT
Canning Shoes, Inc. - President and owner of Vince Canning Shoes at 335 E~ Atlantic
Ave. since 1994. Third generation operator of retail shoe store started by my grandfather
in 1952.
Fuji Bank, Houston Agency - Vice President and Assistant Manager of the Corporate
Finance Department. Responsible for new loans totaling over $1 Billion as well as
managing a total loan portfolio of over $2.1 Billion.
Fuji Bank, Houston Agency - Assistant Manager of the Credit Control Division.
Supervised Credit Analysts in their preparation of credit reviews of the corporate clients.
FirsfCity Bank of Houston - Lending Officer in the Corporate Lending Department.
Lending officer concentrating on loans and cash management services for national
corporate clients of the largest bank in Houston.
First City Bancorportation - Audit Supervisor in the Audit Department: Prepared audits
of the operations of the bank as well as loan documentation of the Lending Departments.
COMMUNITY ACTIVITIES
National Shoe Retailers Association - Director since 2003. Chairman of the
Informational Resources Committee and member of the Finance Committee as well as
advisor to the formation of the Independent Footwear Buyers Alliance.
Rotary Club of Delray Beach - Board Director since 1996 and President 2003-2Q04
First Presbyterian Church of Boca Raton - Elder 2000-2003. Member of the Finance
Committee since 1999 and Chairman 2001-2003.
Delray Merchant's and Business Association - Board Director from 1995-2004.
Chairman 2000-2002.
Delray Beach Chamber of Commerce - Ambassador from 1994 to 1998. Finalist for
Small Businessman of the Year in 2001
City of Delray Beach - Member of Visions 2005 Committee and Member of two
Commissioner's Visionary workshops
Leadership Delray Beach - Graduate of Class of 2000
EDUCATION
University of Texas at Austin, BBA - Finance
.. &0. ...... -.. ..-..,:
ifiir
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
C!IP 107)-
~ I)ane.e-
*****
2
Nattle
~
Joc--
ML
1.
3.
State
?z..
State
Zip Code
3..JY :s-
Zip Code
-4. Principal- usiness Address:
:5 o~ C::r;<9-.sr ~-rc....,;&:J,^" 7/ .t-..
- /"
~ &:rc../!4- /-1' e"A-c/-.t- r c:.. 3.
5. Home Phone: Business Phone:
/'l- ./~-
City
State
ZiJ;> Code
~ C/'t~..L
E-Mail Address: Cell Phone:
/_?/:J .c.4,,<.e5~~/€2 _ .//" 10111 ?bS-1
~ -> e '- 0 .....- .#e7 :::>
'y If so, where are you registered?
(e~ _ ha
7. What Bo:u:d(s)are you interested in serving? Please list in order of preference:
2.. _v- AcviV' -aA!:A-
(C/
rL ].J7~5
Fax:
6.
,..." r~.-v<! <...
8. List all City Boards on which you are currendy serving or have previously served: (please include "dates)
f
f-=--
. 9. Educ:ation2l qwilifications:
<.9
10. List any related professional certifications and licenSes which you hold:
111. Give your present, or most recent enl.ployer, and position:
t:.I# A~ th
-12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
o "/t.-- O~ r/ 4-~, St2./z.v;C-e.!6-7v(!..,.../
tf/e...
,4-
<<f9 "J
tC../ d L-ITJ/.----e-.r t:.,...-t9/2 d. rr
...5/~c.e e p ~ //Z-e -rv e.~ Pe~~ ~ yve. ~ en"'7
I hereby certify that all the above statements are true, and I agree and undersund that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I truly receive.
.~~ .
SI lURE -
b -/LJ-ZOO-S'-
DATE
...,. ,te: 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 ensuie that a current application is on file. .
S\CITYO..IlRK\IARD\APPUCAUON
May-16-05 05:19pm From-WASHINGTON MUTUAL
+5616898506
T-18Z P.03/03 F-809
OBJECTIVE
JQIE J. FARKAS
737 Northwest 37th A"enue · Delray Beach, Florida 33445
(561) 499-4:578 Cell: (561) 271-7651
~: eeking Management position with growth oriented organization where my skills and
E:xperience can be utilize:d.
SUMMARY OF QUAL, FICATIONS
~ Professionalofferin9 exceptional mana~lerial, organizational and motivational
experience in finance industry
. Proficient in coordination and implementation of multi task responsibilities
. Excellent communic3tion and pUblic relation skills with strong emphasis on
customer satisfaction
. t-'ossess nlgn wOr!< etnlc with vt:r:S<:lulity ell IU pCI ;:,cveranc.e
. Experience in trainins and motivating sales and service representatives
. Continuously exceed:> goals
.. Productive in effectivH time management to ensure schedules are met
" Effective team player and proven troublesh,)oter
EXPERIENCE
11/00 - Present
11/92 - 11/00
4/85 . 10/92
~...u""" ..""...
'NASHINGTON MUTU;1.L BANK. West Palm Beach. Florida
Asst Vice President / J!:.lnancial Center Manager
.' Hire, train and motivate staff of 15 to become effective bankers
.' Attained mortgage and consumer loan grolllt'th of 125% to 175%
,. Develop and maintain positive business relationships and community contacts
,. Realized 100% goal attainment for the pas1; four years
,\MTRUST BANK. 80~, Raton. Florida
,~oan Officer (3/97 - 11/00)
. Processed loans fror,l origination to c1osin~1
. Produced $19 million in mortgages during I)ne 12-month period
. Underwrote and approved authority for eqllity loans up to $250.000
Branch Manager (6/93 - 3/97)
~ Managed staff of 21 in sales and operations of $500 million branch (largest branch
in system nationwide)
~ Provided high customer service levels emphasizing problem resolution and staff
development
Loan Officer(11/92 - 6/93)
~ Solicited builders, developers and realtors to originate loans
~ Generated $15 millio n in mortgage from 1 ~:/92 to 6/93
CALIFORNIA FEDERAL SAVINGS & LOAN
Branch Manager
~ Created customer awareness by developing and implementing marketing programs
and soliciting outsidel business
~ Branch consistently achieved over 100"10 ct production gOClI::;
v.":I\t-':"'T,vi-.'-.c'-~I.h~-i'.~:';;.:~-.:;~r;.-..;.;.3~e, -:;:.:"~~=-"'- <t:r:... -_:,.;--
RR~hp.lnr nf BlJ~iness Administration
JlliI-'::'t;~ . ~o -j 7/()~
.~\~
;~l1nr1ca*0 1 'l~~~ CITY OF DELRAY BEACH i> l'
III'~ ~~~ \\ 0,,'(;.~OARD MEMBER APPLlCATION~
1993 V\~~
2001 ' -1}t!rt;j;:Zgft/
MI.
*****
L
Zip Code
1.
2.
3. Legal Residence:
4. Principal Business Address:
City
State
Zip Code'
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
6.
ell-A
U UL A; UJr
8. List all City Boacdson which you ace currendy 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:
rfLA-...
d
Note: This application will remain on file in the City Clerk's Qffice 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.
~rr,""JNl()A'Ul\"'PPr,r.ATlON
till /1 t.e
RESUME
KATHERINE FAZIO
1118 Harbor Drive
Delray Beach, Florida 33483
lIoERe:561-27~939
Mobile: 561-289-2320
Email: k6464@ao1.com
Objective: To participate as a citizen on the City of Delray Beach Boards
Experience: 912005 - Present
Carl W. Timpson Delray Beach, FL .
Timpson Investments, Inc.
Assistant
Work part-time providing administrative assistance. Written client
communications, phone work, bill paying and more.
6/2005-9/2005
Randolph T. Ely Delray Beach, FL
Allmon, Tieman andEly
Receptionist
Worked part-time providing many administrative services for an
extremely busy and successful real estate office - phones, contracts,
mailings and MLS software. Was offered a full-time position.
8/1990 - 8/2001 Write to Me Delray Beach, FL
Owner
Initiated and operated a local stationery business. Represented 35
different companies to a 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 Finaricial Boston, MA
Assistant Vice President, Invesbnents
Responsible for providing marketing and sales support to 135 Registered
Representatives in the investment business. The position required in-
depth knowledge of investment products which included annuities,
mutual funds, unit investment trusts, tax shelters and discount brokerage.
Created and maintained all marketing aids, reviewed new products,
provided sales support to the Registered Representatives and managed an
office staff of five.
8/1979 - 8/1981 Keystone Massachusetts Boston, MA
Manager, Field Marketing Services
The position provided sales support to the Northeast Regional Vice
President and all of her broker/dealers. Assisted in the marketing of'
mutual funds, retirement plans, annuities, trust services and private money
management Responsible for overseeing five other Marketing Assistants.
Worked closely with the entire field of Regional Vice Presidents to
coordinate their sales efforts around the country with the home office.
8/1977 - /1979 Massachusetts Financial Boston, MA
Services
Marketing Assistant
Started as secretary but was promoted to Marketing Assistant which
required sales support and service of customer accounts for the
broker/dealers. Dealt with mutual fund products and retirement plans.
8/1976 - 8/1977
Alliance Capital
Management
Boston, MA
Receptionist
First job upon completing of college degree. Receptionist for busy
investment firm. General office work
Education: 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.
U~/IJIO~ YKl 11:11 tAX ~Ul l4J J774
CITY CLt;KIl
III 006
OB..IlAVafAot
~
AI ~..mJlcaatr
''1I'I
1993
. 2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
mSiALe S~
R~:!}~1D
MAV 2 3 1005
C'TY CLERK.
i.o.fOaD1tion:
3.
s~ .
t-L
Stare
Name.
-€.--
4. Princip:d.Business Addtess:
:SAm -e---
5. Home Phone: BusinCS$ Phone:
;) . - bg5 8 ~'7tn 77
6. ke. you a ~gistcted vo~?
City
St'llte Zif COde
E-Mail Addtcss;
7~'
If so, wh~ ue you tcgisttted?
Fax:
J~ -(S.
7. What :Baud(s) l\te you interested in ses:ving? Plasc list in order o~ pref~~ncc;
(! ./(.Ii
8.
u
{)~L-.
,c-
Sl
the. e SU-te1Jlalb He t:me. md 12Utt 1ID.d understand that U11 udsStlltemcnt of ID1tcrial (~cts
. .. =1""" ~up...myP"'OfanJ2J>pointu='~~/tJ~
. . DA~~ -'j . .
appJiationwill t~on ~ein thC"City Cletk's Office for a period of 2 ye:ms from the date it was
submitted. It will be the ~P~Ow.t's a::espo.isihiJitY" to eriSUic' th2.t a.cun:en.t $application is ~-itoN
_.No
//16
JOSEPH E. FERRER
1420 North Swinton Avenue
Delray Beach, FL 33444
(561) 276..8085
OBJECTIVE
Provide administration leadership for a commercial or nonprofit organization to
strengthen community / public image and fiscal position, through priority planning,
innovative marketing and the establishment of private / public sector relitionships.
QUALIFICATIONS:&.EXPERIENCE
Thirty years of results,oriented experience, with expertise in the following areas:
**
Administration Management
Financial Analysis and Budgeting
Business and Marketing Plan Development
Capital Project Supervision
Personnel Hiring and Training
**
SUNSET ENTERTAINMENT GROUP, INC.
Delray Beach, Florida
1997 ' Present President and Owner
* Creative Management, Marketing and Production of the Performing Arts in
South Florida, with concerts at Florida Atlantic University, CoralSprings' City Centre,
Royal Poinciana Playhouse, Delray Beach Tennis Center, Eissey.Theat"er Kravis Center
and Broward Performing Arts Center. Includes talent selection and programming,
contract negotiations, advertising development, development of all print and support
materials, public relations and technical coordination for artist's riders.
* Marketing Coordination, Advertising Development and Ticket distribution for
the Boca Museum of Art, Renoir Exhibit, 1999. .
* Business Administration and Marketing for an alternative health clinic, New Port
Richey, FL. The staff included 10 medical doctors and 15 health support staff.
* Developed and produced the Marketing and Fundraising Manual for the Florida
Main Street, a program of the Bureau of Historical Preservation, State of Florida. This
manual was distributed to over 80 Main Street communities throughout the State.
PALM BEACH POPS ~ Palm Beach, Florida
FLORIDA SYMPHONIC POPS, INC. ' Boca Raton, Florida
1992 ~ 1997 President and Chief Executive Officer
* Overall business and fiscal administration of a non, profit cultural performing arts
organization, including a 75'piece orchestra, 10 staff and 33 members volunteer Board of
Directors. Refined playing standards of musicianship and participated in successful union
negotiations. Supervised expansion, restructuring and adoption of new corporate by,laws.
* Developed multi,year business plans to address goals of fiscal stability and revenue
growth and negotiated and implemented finalized contracts for local and national talent
within the guidelines established by regulatory agencies governing private,non'profit
organizations.
* Spearheaded master fund, raising structure for individual donations. Support
groups, private foundation gifts, small business and corporate contributions. Wrote and
presented grant requests for operational funding totaling over $ 750,000 annually.
ZOOLOGICAL SOCIETY OF FLORIDA I MIAMI METRO ZOO
Miami, Florida
1982 ' 1992 ~ Executive Vice President, Director of Development
* Managed staff of 63 and a 33,member volunteer board of directors. Ensured that
the organization operated at peak productivity and conducted its financial affairs in
accordance with standard business practices. .
*., Fostered toe society's expari$ion from a gross revenue base of $200,000 in 1982 to
more than $ 6 million in 1992, via development of a master fundraising structure for
individuals, foundations, corporations and endowments.
* Supervised more than $ 35 million in capital improvement projects at Metro Zoo,
including bid negotiations for construction contracts, on,site management, and on,going
maintenance programs.
* Engineered membership expansion from 1,800 to more than 65,000, and
established the Society as one of the region's premier non,profit organizations.
BELCHER OIL COMPANY
Miami, Florida
1980 ~ 1982 Director of Public Relations and Government Affairs
* Developed and implemented multimillion, dollar annual budgets and marketing
plans encompassing public relations, corporate communications and advertising.
*. Coordinated all media contacts, operating from terminals covering geographic
area ranging from Boston, Ma, to Corpus Christi, TX.
* Acted as liaison between federal and state legislators regarding matters concerning
the oil industry. Maintained a positive and productive working relationship with
regulatory governing agencies.
UNITED WAY
Miami, FL; New York, NY; Washington, DC; Griffith, IN
1974 ~ 1980 Senior Campaign Manager for Fundraising I Agency Development and
Budgeting
* Developed multimillion,dollar campaigns in four major metropolitan areas,
working closely with volunteer boards and civic leaders to implement ambitious employee
and corporate fund,raising programs.
MEMBERSHIPS
State of Florida Cultural Affairs Review Committee
Public Relations Society of America
Florida Press Association
Board of Director of the Mental Health Association
Florida Chamber liT ask Force on Crime"
Miami Crime Commission
Commission on Race and Religion I Methodist Church
National Association of Fund Raisers
American Association of Zoos and Aquariums
EDUCATION
Indiana University, 1974, MS ' Public Affairs I Urban Planning
Indiana University, 1972, BA, History
REFERENCES
Available upon request
Bilingual ~ Spanish
MAY. -25' 05lWEDl 19:55 BEAR STEARNS PF FLA
TEL:561 362 4655
P. 002
5jP&/tYJ ~004
P/?t:l/J tl tLl
a~5f
RECEIVED
MAY 26 2005
"
C:ITY 'CLERK
05/1J/05 FRI 11:1J FAl 561 24J 3;74
CITY CLERK
OElAAY SEA.OJ
.,.~....
'* ... 11' "" "II'
wr
1993
2001
C1T.Y OF DELRA Y BEACH
BOARD MEMBER APPLICATION
Plc:as~ type or pcin.t the following ~fomu.tioD.:
L Lsst Name: .fI E72I
: 2. Home Address:
20 s. 0 CE:.Af'.l is l-J C>
: 3, I...cp ~idence:
A-w'lt Jb:
4. P.ri.n.ci.palBusin.ess Address:
NaIIlC
'If::, tJ {'i I FEf2
.CiIy
.J:>
City .
Sb.t:e
Ft-
S~te
M.L
A-
Zip Code
33'-tB3
Zip Code
-'2. '2 t::; r-I r;: IV\ \ 7 N ~ tZ.... (3.uJ ()
S. Home Phone: 'B~nc.ss Phone;:
F1..
Zit> Code
S:?ct32
~~
E-M:ail Address: Cell Phone; Fax:
&.1.(072. 4~.oO 'Jre-rz.r<.ERLGeEAC 90 L 7O-:t-jp(P87- Slot. l;.?2-;4<jf,
City
BocA- (2 trlG>N
State
6. .Ar.e you a. .tcgistued VOtl:r:?
e:5"
7, Wh;tc B02L'd(s) lie you w.caestcd in serving? Please list in order o~ pt;efualcc;
c...o Ni M l.A r-J. L TI" eE"l) €.V ;;. to PM. ~A1. &~-a..p
r )..lsr: ill City 'Bouds on which you :u'e currentlY serviag or h2.vC pr:c:viqusly Se['I1ed.: (please w.dud~ d~es)
~wc ki{DtJ'" WA1LP
9.
E:.
Pf2-t>f;NT
10. Lisr any related ptofessiotul cecti.6.atiom ~~ licenses which you hold:
<; 2 I E<( '" S::3
11. Give yo~ present, or most recent employer, and positioil:
13 e p.,f2,. I S ""-eAl~ N ~ ~ ~.' 'N c} r-\ J--.J AT-J 0. A:\..- A $ SO c.i. ,P--r-C
'12 Duaibc a.~encc:s. skills or knowledge whiCh. qw.lify you to seNe on Ibis baud' ,?l~~ ~l'T..rh 1.l:-.....~r resnme)
~AM E~d2.IEf'lCED W'rTlt' CI:lAFIN~N~S ^",b li,"'t~_e~I.Il.O'rA.Sly' W'OQKE:D or-J
D~Q.AJ.j BEA.c..t1 cny e>"NZ> l"H"~Na N.~~ ~\.L\rl'~ /"l~ PA(t 1\ <..IA \,..A (Z.L)' Fl/'rm( (.,\.~ \N1"1"1+ ,,+t::C
uryl$ r-.t~DS. ~ A $(c{G;Lt 'i)<..~ t7e.C~~\Clf"l~.t1:+~ t4:.~ G1Oi~"''-S" 'N.
CCI:rify that,ill the 2.~ve st:Ltements :u:r: ttUe, and I ~cc: and un.dc:n~nd that =-y misstatement of lnl\teOal fact!:
co in this llpplio.cioll may a.use fo.c:fc:i.1:W:e upon my p~ of Ul.y appointment I any LCCC:V'e.
61 I-=t- 10 {'
,. 0-
DA.TE
~
Note: This ~pp1icacioll will J:emain on iile in the' City Oe.rlc's Office for. a. period of 2 yt::3LS from. the dace it wu
submitted.. It will be t:hc applicant's responsibility to eosuie' that a. CUJIe:n( applica.rl.oa. is on file..
. S\CfI'YCl.l!II.DIlO~puc,..nON
MAY. -25' 05lWEDl 19:55
EDUCA nON
BEAR STEARNS PP PLA
TEL:56l 362 4655
P. 003
JENNIFER ANNE FERRERI
1820 S. Ocean Blvd. Apt. 1 H . Delray Beach, Aorida 33483 . (561) 707-6687 . jferreri@bear.com
June 2005
EXPERIENCE
Smith College Northampton, MA
Bachelor of.Arts in Government - GP A: 3.45
. Five College Certificate (SmidVAmhe"'tlUMASS1Mt. Holyolce/HlI1lIpshire College)
· Minor in Interna.tional Relations
. Relevant Course Work: International Relations, Seminar in Larin American Politics. International
Economic Policy. Statistics. Macroeconomics
06/02.Prcscnt
01/0 1-06/02
01/01-06/02
Bear. Stearns & Co. Inc. Boca Raton. FL
Associate - Public Finane.: Department
. Performed financial analysis for municipal issuers, generating debt service schedulcs, performing credit
analysis, bond sizing and cash flow analyses utilizing both fu:e.:llll1d DBe Finance programs
. Reviewed bond documents for issuers, as well as performed final anal)'6e6 at pricings
· Designed PowerPoinr presentations for clients utilizing technical. research and writing skills
. Designed financing plnns for municipal issuen; based on owstmIding debt and market exposure
. Participated and assisted in presenting details financial analysis to clients employing public speaking
skills
· Performed legislative and legal research for fmancings inVolving different pledget' of security
Re:.--ponsiblc for Requests for Proposals. using both MS Word. PowerPoint and Excel employing time
management and writing skills
Raymond James & Aasodates, Inc. Delray Beach, FL
Financial Analyst - Public Finance DepartmentlLatin American Structured Finane.: Group
· Generated debt service schedules, bond sizing and cash flow anal}'6es for municipal financings. using
Excel and Munex Finance progrnms
· Reviewed bond documents for issuers and perfonned technical analyses for pricings
· Responsible for Requests for Proposals. using both MS Word, PowerPoint and Excel employing time
mana.!;ement and writing skills
· Translated contracts. financials. correspondence and proposals from Spanish to English
· Composed all international correspondence regarding tnIns8ctions
· Assisted in translation during meetings with Spanish speaking clients
Munldpalldad de Cordoba Cordoba, ARG
Jntern- La Promocion SociaUSecrerario de Derecho6 Humanos
· Worked with the Secretariat of Human Rights helping to implement new hwnan rights edueation
progriun for elementary school children
· Attended prognun meetings with elementary Ilchool tC8che[l!llllld program tacilitators
· Worked with the Office of Social Investigation and Project Evaluation investigating the causes of city-
wide poverty
· Transcribed interviews in Spanish and perfonned various adminislr.Uive duties for office
SKILLSIINTERESTS
Computer: DDe Finan~. MUNEX, SPSS. Microsoft Ellccl/WordIPowerPointlOutlook, Windows XP,ME
Language: Extensive Knowledge of Spanish
Licensing: Series 7, Series 53. Series 63
HONORS/ACTIVITIES
Education Advisory BOArd Member, City of Delray Beach - August 2004-Present
· Habitat for Humanity, 2004-2005
. Voter Mobilization Volunteer. Fall 2004
· Internadonal Baccalaureate GradUAte, Atlantic High School 1996
Government Department Liaison. Smith College
DElRAY BEACH
.,'0..0.
*****
_ RE.CE\\JED
CITY OFDELRAY BEACH L n 1.006
BOARD MEMBER APPLlCATldW'4 - €,f\\<.
C rT'l C \..
/Z(7-
.b111ItaClly
" II ,!
1993
2001
1.
Name
2.
~r:
City be
City
3. Legal Residence:
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone:
Cell ~J~ .J;
~. 'V=>IVI
Fax:
56t 1-' 6
l; --- _ S;14r I'(,(~ (~IA,.)
y serving or have previously served: (please include dates)
,
/~
I
10. Educational qualifications:
~~4? ~
11. list any related professional certifications and licenses which you hold:
{Aw- cfi;. - ~~~ e;
12. Give your present, or most recent employer, and position:
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
that all the above statements are true, and I agree and understand that an ss ent of ma rial facts
's application may cause forfeiture upon my part of any apPointm~may recei e.
- ~
"
DATE - '
(-
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.
DElRAY BEAOf
. .. .. . . * ..
...
"III!
1993
2001
CITY OF DELRAY BEACH Rt:.GE.~\!E.O
BOARD MEMBER APPLICATION ~{3~ , ~ 1{\\\fl
C rr'/ C \.. E.l'\\<.
WOmM~n: ~
M. .
1.
2.
Bff}cfl
State
-2-
State
Zip Code
jY 'IS
Zip Code
3.
4. Principal Business Address:
If/)oS b/. fTTLfj,.[iiC ItJlE~
G~ Stare
EI-RAf 8%f1c;/ H
Cell Phone:
@ 'Stlj;)JJ.r/() d '7)-0//
Are you a registered voter? r rr If so) ere ar~ou registered? ,"
C::...;> 40bC PR/::'C IIVe7 -E)1!1I1Nb.GL. CltlibL1C
7. What Board(s) are you interested in serving? Please list in order of preference:
11 C IV / L.. 'E, / Ce" . f\/7t) w /l/
Zip Code.
5. Home Phone:
Business Phone:
S6I) d/j. 'f/07
3:JIj'iS
Fax:
56!) ;}.7d'~ z.jg~
6.
"8. list all City Boards on which you are currently serving or have previously served: (please include dates)
- . AI..bS OF ::J:>EJ.l'<tl - VIA/cE l.E C 'J7/fJ...
11. Give your present, or most recent employer) and position:
~.io PRo E. 7)13 LI-c...
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
. - L:: /J /J '/!..D
"I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
co . ed in this application may cause forfeiture upon my part of any appointment I may receive.
/7~ <7 :JPJ86
~r.l
Note: This application will remain on file in the G~ Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibili~ to ensure that a current application is on file.
S\CDYCURK\BOAlIDIAPl'LICATION
DIANE FRANCO
#12. In addition to raising and supporting my two sons as a widow in South Florida during
the 1980's and 1990 selling advertising for a local Dekay weekly newspaper, I had the
opportunity to be employed in several positions that honed my interpersonal sales skills.
During the past 5 years I have concentrated my efforts both as an investor in both the financial
markets as well as the local real estate market, acquiring, developing and presently manage
several residential and commercial projects in the City of Dekay Beach.
..". ~, 'I ... _" __ ~ -__, --"......-. _- r-.., I I .-.. ___ --" .oJ ...... ,-..
.-'o.a. ,~~I .I.-c.I.l.O
r-.I::JL:
01/18/01 mf 13: 48 FAI 8612433174
CITY CLBRK
fi003
,
199~
2001
RECEIVED
CITY OF DELRAY BEACH JAN 1 9 2001
BOARD MEMBER APPLICATIONC'TY CLERK
2..
Nsmc 6~..e..
QryOe6eVl
City
3.
.Lf~~V;.:~:C -RIO 6 ., 1 Yt/ 3;t~
5. Hom~ ~ 8~Fess PRone; ~ ~i~ ~ C~ Phone: Pax:
"~;G \ 13Lf (1{5 ~{-,) '):7 rJ 6"1?J.b ::J.0~l;:'C(3. Cbl706 /OQ3 5b/,74L) IO( ~
6. Date~f i~<~ 7. Are you II FS18tered VOter? If SO, when: 1I'C you regis~od?
If kJ 1/ 'e5 {3eO~f/)
8. What Boud(.) -.Ie lOa mrel:CIIt1ed in ae1"Yirlg? Ple&.se list In order of pn:ie:tence!
9.
d-~
. (pICllSC include datell) .
&v-eSJ
~-"::e.5~
11. List any related pro&:s~ol1ll.l cc:n:i8c:ado04llO.d licenses whicll. you hold.
\2. Give your prescnr, or mo1lt recca.t cmployc;c. and poaltion:
Note: . aoon ~ remain on file in the Oty C1ctk', OfB~ fur Sl period of 2 yca.m from the da~ it""'3$
3ubmi{'[ed... Ie will be the appliOlnt'e responsibility to ensure tba.t a. currc:nt appli<:ation is 011 6le..
*****
me
1993
2001
CITY OF DELRAY BEACHr\E.CE.I'4i;i.q!d>
BOARD MEMBER APPLICATIW<< ' r, 1\\\\t\
. .~'."f\~
crri CLt.:. ·
infonnation:
1.
Name
ML
r
6
Zip Code
;] S-
Zip Code
53 l/-l/
Zi{> Code
2. Home Address:
/
3. Legal Residence:
3
4.
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
S-~ ~ 61; & oS-
6. Are you a registered voter? <:)7 '-. .<z-. I-
7. What Boacd(s) are you interested in serving? Please list in order of preference:
250'
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
./ .
11. Give your present, or most recent employer, and position:
C;; :e
'12 Describe exp
J<., '~'5 ~ ..~ s~.
I hereby certify that all the ahov tements are true, and I agree and understand that any misstatement of matemI facts
"cation may cause forfeiture upon my Par:t of any appointment I may receive.
, DA~/o -r/o c,
SIGNA:
Jote: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.. .
SIClTYa..EU:.\IlOARCMl'FLlCATION
*****
rmr
- 1993
2001
..7/ 17-1/ " 0
CITY OF DELRAY BEACHRFCS=\VEO
BOARD MEMBER APPLICATI1RI2 7 2006
- -
CITY CLERK
DRRAY BEACH
.'0....
Please e OJ: riot the fol1o
1. LastName:
infot:mation:
~~
City
M.I. ~
Zip Code
5'
Zip Code
~
2. Home Address: S L. -ACJ't'
- ~ :5 .w- l.J...:) (!) 'b -
: 3.. Legal Residence: . 6 & IY\ ~
,4. P.tincipal Business Address:
Name
City
State
ZiJ? Code
5. Home Phone: -Business Phone:
~~t:.. .~8~~
6. Axe you a r.egistered voter?
Fax:
~l~6>
7.
8.
9. Educational qualifications:
,~~ ~ ~-(2.,
v
~v~
10. list any related professional certifications and licenses which you hold:
- OPr _ _
L-.la...
L/~
ualify you to serve on this hoard: {p~e a~ch a brie _
, e..~ ~GL~ U
,-
statements are true, and I agree and understand that any misstatement of materi2l facts
'cause forfeiture upon my part of any appointment I may receive.
. .. Y-Z1htO
_ 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
submitted It will be the applicant's responsibility to ensure'that a current application is on file. -
jm I II <I - _ _' ~aJ!lOO8OAWAnUCAnON-
JAMES HOUCK - RESUME OBJECTIVE & PROFESSIONAL mSTORY
Page 1 of3
OBJECTIVE
To secure a PROPERTY MANAGEMENT position where interrelated experience in Architecture (5
.years - Building Design and Site Planning), Operating and Capital Reserve Budgeting (18 years),
Computer Software (20 years - Microsoft Word, Excel, Access and others), Construction (3 years),
Corporate Business (10 years - Management, Sales, Marketing and Training), Property Management (18
years - Portfolio & On-Site Experience) and Real Estate Licensed (21 years - Commercial & Residential
Leasing, Sales, Marketing) will be of value to your company.
PROFESSIONAL mSTORY
1992- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida)
Propertv Manal!er
"On-Site" managed a 460 unit condominium development with nine (9) five (5) story
buildings and two swimming pools and a clubhouse.
Managed a portfolio of up to 16 high end community associations, collectively consisting of
649 individual homes and 345 two (2) and three (3) story condominiums totaling 994 units.
Responsible for preparing, implementing and overseeing the annual budget expenses of over
$4,000,000 collectively.
Professionally managed the contracts of accountants, architects, attorneys, carpenters,
electricians, elevators, engineers, general contractors, horticulturists, insurance companies,
irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other
contractors, vendors and agencies.
Successfully negotiated and monitored the completion of three (3) developer turnover
settlements, 4 asphalt roadway overlay & 9 sealcoate projects, 8 painting and 5 sloped roof
replacement projects.
Set up "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need
to personally have to the calculations.
Work with various city and county agencies on building and landscape projects.
1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida)
Propertv Manal!er
Consistently directed the operations of up to 15 properties, collectively consisting of more
than 1,000 two-story and mid-rise condo units and individual homes.
Responsible for preparing, implementing and overseeing the annual budget expenses of over
$3,500,000 collectively.
Successfully negotiated and monitored the completion of three (3) developer turnover
settlements, 2 asphalt roadway overlay & 8 sea1coate projects, 5 painting projects, 3 slopped
and 2 flat roof replacement projects.
JAMES HOUCK
. Resume - Page 2 of 3
1987 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida)
On Site - Property Manae:er & Leasine: Director
Directed all on-site property management, sales and leasing efforts for a 40 bay 95,000 square
foot OfficefWarehouse building.
Responsible for negotiating all contracts and leases.
Liaison between general contractors and maintenance companies.
Created and implemented annual budgets and prepared monthly financial analysis.
1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California)
Real Estate Ae:ent
Working with developers, property owners and tenants negotiated more than $4,000,000 in
retail and office leases and land and building sales.
Created and utilized computer generated databases to work with buyers and tenants and also
investment programs to analyze building and land sale opportunities.
1984 - 1985 FRED SANDS REALTORS (Los Angeles, California)
Real Estate Ae:ent - Commercial Division
Negotiated more than $900,000 in retail and office leases and land sales. Achieved goals by
extensive cold calling on owners, tenants and other brokers.
1974 - 1984 ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois)
A high end residential, laboratory and institutional cabinet manufacturing company.
Western Res!ional Sales Manae:erlMulti-Housine: Division (Based - Los Angeles, CA.)
Successfully directed the development of a new region of dealerships, independent agents and
corporate accounts throughout 7 key western states.
Eastern Ree:ional Sales Manae:erlMulti-Housine: Division (Based - Ft. Lauderdale, FL.)
Effectively managed 17 independent dealerships throughout 8 key eastern states.
National Operations Manae:erlInstitutional Division
Supervised all corporate accounts and dealer services.
Corporate Sales Ene:ineerlDraftsmanlEstimator
JAMES HOUCK (Licenses, Designations, Memberships, Board Member, Education)
Page 3 of3
PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSHIPS
2005-Present Commercial Property Management (CPM) Candidate (IREM ID #0159693) (Chapter #76)
2005-Present Florida Notary Public Commission (#D411955)
1989-Present Florida Community Association Manager License (#5414)
1987-Present Florida Real Estate Broker License (#500323)
1984-1987 California Real Estate Broker License (Not-Active)
1984-1987 Affiliate member of the "International Council of Shopping Centers" (ICSC).
CITY GOVERNMENT - BOARD MEMBER
2004-Present City of Delray Beach, FL - Vice Chairman - Board of Construction Appeals
EDUCATION
1987-2005 FLORIDA - Real Estate & Community Association Management Continuing Education
Classes
1984-1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California
9 Commercial Real Estate Classes (property Management, Marketing, Finance and Appraisal)
1976-1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin
8 Business Management Classes
1971-1974 UNIVERSITY OF ARIZONA- Tucson, Arizona
Bachelor of Architecture Degree
1969-1971 SOUTHERN ILLINOIS UNIVERSITY - Carbondale, Illinois
Associate of Architecture Degree
JAMES HOUCK
3763 S. Lancewood Place
Delray Beach, Florida 33445
561-865-2636
jdhouck51@bellsouth.net
STRENGTHS & SKILLS
Page 1 of2
As a highly organized and self motivated professional with interrelated experience the following are a few
strengths and skills I can offer:
PROPERTY MANAGEMENT
Create an extensive "Management Plan" to reflect the goals of the property and their owner's.
Able to fulfill the manager's obligations under the property's management agreement.
Able to manage a broad portfolio of properties and maximize their property values.
Ability to quickly learn the roles and functions of all positions within a new property.
Test economic alternatives to increase value and make recommendations.
. Understand financial statements and accounting principals.
Knowledge of available insurance coverage to protect owner's assets.
Proficient in creating operating and capital reserve budgets and effectively manage their expenses.
Understand and work with lease/sale analysis and investment software.
Prepare an "Operations Report" if required.
Examine problems and create viable solutions.
Develop short and long term market analysis and economic plans.
Orient new residents/tenants and promote positive relations.
Enforce collection and foreclosure procedures.
Constantly analyze properties physical and fiscal concerns.
Understand legal issues as they relate to tenants and owners.
Oversee operations, lease administration and construction management.
Manage budget costs to maximize profitability.
Monitor the construction of tenant improvement build-outs as required under lease term.
Understand and meet goals of a property.
Understand staffing and employee relations to create a top notch team.
Maintain expense controls and increase Net Operating Income.
Able to properly oversee the selection of contractors and other vendors.
Strong ability to administer contracts and create tenant relationships.
Proven record of excellent internal and external customer service.
Provide direction and leadership to various in-house and out-sourced personnel.
Inspect and evaluate all building equipment, systems and grounds to insure thatthe appearance and
operations of the property meet established standards.
Develop emergency procedures and preventative maintenance programs.
Develop operating and capital budgets and track variances monthly.
Manage approved capital expenditures.
Negotiate and approve leases and contractual obligations related to the continuing operation of the
property.
James Houck
Page 2 of 2 - Strengths & Skills
FACILITY MANAGEMENT
Able to help or take on role of Facilities Manager, when needed.
Negotiate and manage conformity with vendor contracts.
Understand and manage capital improvement projects.
Understand and work with architectural drawings.
Conduct and prepare extensive property and building inspection reports.
Knowledgeable about the construction and other components of a building.
Manage risk factors effectively.
Monitor owner improvements.
Properly select and work with service providers.
Identify and work out construction defect issues.
Properly communicate with and motivate employees and outside contractors.
Hire and effectively supervise employees and outside contractors.
Oversee landscape and irrigation services and implement new projects.
Able to effectively coordinate and/or oversee the security services; parking garage and valet services;
tree trimming and removals; janitorial services; building engineer personnei; cooling systems; roof
repairs and replacement; elevator repairs; asphalt repair and overlay projects; painting projects;
concrete restoration projects; fire sprinkler systems and most other services and/or systems as needed.
Properly plan and implement all the various types of maintenance projects, renovations to common
areas and other scheduled long and short term maintenance and construction projects.
Able to work closely with tenants on their build-out improvements.
Familiar with most architectural building systems.
GENERAL
Understand the dynamics of a lease and leasing to a tenant.
Long term knowledge working with computer programs (Word, Excel, Access & others).
: -- Strong organizational, management, administrative, communication and leadership skills.
Mature, responsible and businesslike in demeanor.
Positive proactive work ethic.
Flexible and able to multitask effectively.
Professional in approach and appearance.
Work effectively in a cohesive team environment.
Willing to put in the hours it takes when needed.
Willing to travel when needed.
information:
;'ope 1
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATION\N 2 5 2007
CITY CLERK
~ 'Il..571)
Mk.
Zi Code
)+-f-
Zip Code
DELRAY BEACH
. , 0 . , D A
* * * * *
AI.A LlIIbClly
, III J!
1993
2001
2.
3.
4. Principal Business Address:
City
State
Zip Code
-----.
E-Mail Address:
~l'^~~@.
voter?
Cell Phone: 6~ I ~ Fax:
tf '7 - ( tJ,1 ~4-3 q r4-
ft'\-U.I . 0...-... ~.
f so, where are you registered?
/~ /;u< r ()~c!ic4
5. Home Phone:
Business Phone:
7. Are you a registere
a/)
What Board(s) are you inter ted in serving? Please list in order of preference:
f'U-~\l2. A-r-tMv 0 )~(~' fr~J~~
list all City Boards on which you are currendy serving or have previously served: (please include dates
Vl~
~ <.....J::-r-
~c.-.L
1 '. Give your present, or most recent employer, and position: IJ -h n C! . .~ L.
t c..Jt -'<-{~ G-,>~~ rre.~u:lt....0.- - V '-.JM--"- G~5'" e~_
~j- L~~5 ~ {( \ .(M- ki~~c..d- \' Svv~c.e. ~~. ~ ..(k\ 19~ }if
13. Describe experiences, skills or knowle~ which q~ you to serve on this board: (please attach a brief reswpe) ..
Q....("" \J e.. C---\.. ~ e ~ (J ';:) c...~~ 'St.l..U..r- <:. e/~
rr .
,irCu5 r-o&lv& ~ W lC1 LeCt
~. )t!..-a.(Ife-t \- tJJL-,k~ C55d~-c:..
I hereby c that all the above statements are true, and agree and understand that any misstatement of material facts
. : tIUs application may co"", fodeiture upon my part of any ,ppo~~ f.. ;).cJO 7
Note: 1bis 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.
DURAY BEACH
. . U .. I III ....
~
ANnBIcaCily
, III I!
1993
2001
CITY OF DELRAY BEACH If/J-~O~
BOARD MEMBER APPLICATI~~CE'VED
NO'l '- 8 2006
R~
M.IA
Zip Code
33~ ~-
Zip Code
Please or rint the follo information:
1. Last Name:, t).
!.--A n A.. ~_,H...1 ~
2. Home Address: ~\
'c( LOWs.o~ . c:;.Vl::>
3. Legal Residence:
~6
4. Principal Business Address:
~\-.4.e.
5. Home Phone:
9.?l 4-9S,ql~~ S~t-~,-\\.O't'?3
6., Date of Birth 7. Are you a registered voter
City
State::
Zip Code
E-Mail Address: Cell Phone: Fax:
LA ~l\AV4 ,
. i 5&l W. ,04 S"G>l V<f<j' 'S'l
If so, where are you registered?
Business Phone:
~~ t Vn ~ CtC~ COL\ \I\.
r~er of preferenc .
h
11. List any related professional certifications and licenses which you hold: 1\
NON~
1 I S\ ~ I c.t l e
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
b~v,
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this applic 'on may cause forfeiture upon my part of any appointment I may receive.
~-~- 11/2Lllo~
DAlE ,.
Note: 1bis application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
Gregory A. LaManna
3821 Lowson Blvd.
Delray Beach, FL 33445
gregorylamaona@yahoo.com
Cell: (561) 441-0483
Home: (561) 495-9123
Objective
To contribute knowledge and expertise to help the residents ofDelray Beach as a member
of an Advisory Board.
Education and Qualifications
2001 - 2005 The Florida State University
Tallahassee, Florida
Bachelor of Science in Political Science and Philosophy
MajorGPA 3.6
Honors: Dean's List and Phi Gamma Delta Scholarship Recipient
Work Experience
District Aide
Florida House of Representatives (District 89)
October 2006 - Present
· Work with constituents to help resolve issues
· Attend all events with the member and in the member's absence
· Assist in forming legislation by performing research and working with
community leaders.
Campaign Manager
Len Turesky for State House District 90
June 2005 - September 2006
· Coordinates campaign's day-to-day operations
· Provide council to the candidate
· Oversees material released to the public
· Attends political and community functions with the candidate
Leadenhip Experience
· CEOlPresident of Veritas Campaign Management and Consulting
· Together Against Gangs Board Member
· Juvenile Justice Board Member for the 15th circuit
· Guardian Ad Litem for the 15th circuit
· New Member of the Delray Beach Chamber of Commerce
. Phi Gamma Delta Fraternity
~".'V.
DB.AAYBEACH
~
M-An-IcaCilJ
"III!
. 1993
. 2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
sf d 'l/d1
RECEIVED
3-
Name ~e...o"f' e.
Ci~~. ~~
Cit:y'
~ Code
3oJ.f4'!
Zip Code
infommtion:
S~L
SCl.te
4.
City
State
Zip Code
B-Mm Address: Cell Phone.:
Geo.,M,,~~Q~d(~. bj)rU-03511.
osition:
. 12. ~aibe a:perleoccs. to '
Se ottl\c. 4
J;.. brief raume)
fe. -
1 hereby certify that :ill me: -iliovc statunco.fS ~ ttu~ 2nd I ae;rc:e and undo:sand dl:l.1: 3JJ.y uUnl:at.cm.<:Q( of ~".-ft~ 1 f~
conWo<d ;. lhi. applieso"" m.y """'" (O,foimcc "1'00. ,""p"" of "",,,!,po;..,,,,,,,, X ~ ,..,;.c
~ .. . rJ3!c.s
SICN.... - D1\.TB.
Note: This application will D::I:D.1Un on file m the City Oak's Office foe a ~riod of 2 ~ from the dUe it wu
$ubw.ilt.Cd. It wjll be tbe ;appliant's responaibil,icy to ensure that 2. cm:r:eo.t application is onlile.
. lI\aI"r~~N
/-/J1 I! I <(
(jeorfje rf!ajO Jonej PhJ)
PO BOX 7006
BOCA NATON. Fl3343/
E-mail: GeorgeMaso@webtv.ne[
Telephone (56IjJ65,JJ64
T d~faJ( (561)265-J264
March 5. 10
City Of Delray Beach
City Clerk's Office.
100 NW 1" Avenue
Delray Beach, FL 33444
Dear SirlMadame:
Attached please find a completed Board Member Application. It is my intention and desire to
selve on the Commwlity Redevelopment Association (eRA) board. As agent for Juan Rodriguez
and representing IDOl with regard to his property located on West Atlantic Avenue, I have been an
active member Qf the community for the past eleven years. Tlu'ough this involvement. as you
. . j know, I have served on various boards and comminees. and have enjoyed witnessing and being a
part of the successful redevelopment of Atlantic A venue. With that said, I feel that tllere is more
work to be done in this redevelopment. through my involveinent and thefriendsbipsThave made,
I have developed a passion fOT the A venue and its people. T believe that my professional
experience, as described on my reswne, along witllmy conununity involvement in Delray,
uniquely qualify me to serve as a board member of theCRA. I ~n confident that together we can
complete the vision of Atlantic. Avenue.
C otdiall)',
4
r-
. i
P"1>.UI\f
P03
.
RESUME
CEORGE MASO,10NE'S.
... .
;.
EDUCATION:
.
Vndergradult. Dear.. In Law
Ph.D in Sodal Selene.
University or Uruguay
University of Urusuay
Post Doctoral Studftl In the ar.as ol Business Administration, International
Banldnc, foreign Relations, Communications, MarKetina,Medll, Publlcity,
and Sale. Promotion.
\\.
'/
PROFESSIONAL AfFILlA nONS:
.' .
.
i
foreign Pres. C.nt.r of N.w York, Member
Irlt.rn. tfonal Press Assoda tion,Pr.sldent- i 973-75
UoftJCIub International Association/Board of Directors
Oarter Pr.sfdentofUnit.d NatioN Lions Club..1977
Latfn AmerleanPederation of PubUc Retationsl Member of 'Board
Ut\fversity..~ Illinoit, Chicago, nIinols-Oepartment of Criminal Justice
..
Cuest ~eturer.
Florida Atlantic tJ.nlvirslty, Boca laton, Florida-Interni1tional TrAde
Sp.dllist, Counselor
, .
LANGUAGE FLUENCY:
.
b811lh, French, !tatian, portuJUese, Spanish
PllOFBSSIONAL IXPEIUENCE:
Aa con.uItant, advisor, evaluator" nelotiator, and lmpalementor with
txtenslv. af\ddlvlul!ild experIence In both public and private sectofl 11'\ the
Middle Eut, rar East, luro}'.. North America, and Latin America \'\'ith, for
&r\d Oft btJ,a1f of clients involved in Internatlonal business venturts.
.. . . .
. .
r"lI.w"
PO~
.
.:
Ro."",./Ceo'1' M.lIo JO!\~' . PI 2
Area. of .xptrlene. and expertise areweJJ grounded and iden:ified in
International Einar-c" bJnklng, International-bartering, in~ernaHo~aI trade,
commerCI, dlveloper of Industrial protect' and cpmmarcia! contracts.
Trouble .hooter for gov.rnmlntt and independent business in important
.witfv. and'delfcat. artu, . ..
.
.
PROfESSION A.t I~NA riONAL INVOL VE~iENT:
Ass!.tedln putting together 1.1RUPA80L aroup 'between Uruguay, Paraguay
and BolivIa, . Collaborated and cf.veloptdorlgfn.l scheme an.d implemented
.am.. representing the government of ~r\1suay.
.
Personal advisor to BoJivl,n Pre,ident Barrientos. Arr.nged financing and
.uppUec! 5000 tractors to a6v.rnm~nt 01 !ollvla by Titan Tractor,Corpora:lon,
N.w York.
;
.
.. ,
. .
Coordinated andlmplemtnttd .proj~et of h~u.s1J'\I.nd apartment complexes
forth. Municipality of MOt)t.vid.ol l1rui,iay. Over.1 period of live years,
more than 80.000 p.rson, were able to .upgrade their h0\.1s1ng standards ~n~
'.rlonll llvlna conditiON, Tht, project was a Joint et{ort bet~een Inter
AmarlcanOevelopment . Bank and th! City ot Montevideo. '
. R.lpreJ.ntatlve oll1ruiuayto tJNBSC9 Paril, Franee. Conducted a:errunars in
Journalism, mwcommunlcation and media strategies.
. .
.
-
" '" .Ipresentatlv. of EXPO 70 Osaka, '.pa~. Lee! prIvate And official sectors.
.
, Publisher 01 Nt~.paper EXTRA for "Edlclone. Orientale. Cooperathr&
P.rlocU,tie," Mont.vJ.deo, Uru'UIY. .
(
Sptclal advisor to Dr, Jos. Mora Otero, Minister 01 Foreign Atlairs, Uruguay.
. United NatlolU, NYC . Information and press advisor to lovernment of
tJrusuay. Sp.cial Advisor to Amb',S&~dor of Vruguay to the United !'ations.
..
.
. .
~
"
~ ",,,.",,,,,n
P05
Jl~.ume;~'&. Muo 10rOl'" )
.
Sp.c:iaJ appointed r..gotiator for barter of Uruguay sheep/mutton (or Kuwait
erut!. oil, Concluded and implemented two cQntracts in 1978 and 19l9,
N.gotiated JoInt V.nture (or production o.f anti-pollution chemicals beth'een
Crant Chemical CorporatJon, New lersry...nd Brazil (Petrobras),
, .
, N.gotiated desaUniution plant contracts, between IrazlUan Government ..,d
., .
Royal ComMission Oubill) 'J(incdom ot Saudi Arabia. Plant ~ompleted and
Oft .tr.am In Jun. 19S1.
. .
. I .
Centr,1 lIaur.in d.velopins 10~OOO unit apartment house project lor the
MunldpalHy of Cuayaquil, Ecuador (Banco de'!a Vivitnda),'
.
Spec:lal Issisnm.nt with ITEL CorporatloZ'\, San Frandsco, California In
e6f\jU!\t'tion with M,,,tcan 'Cov,rnmertt(CON,ASUPO) to locate and retrieve
2~4 ranroad bo)( ears which hac:l.~been mi's~ing f~r hV~ )'ears i,n Mext eo.
Sp.clal con.ultant to Prtsidf~t RotdOl of.Ec:~~dor to arnn8,~ barter betwee~
~uador and India, , '; M
"Trangl tor seaFood product. of MftJul Corpo~.tion, OS,aka, Japan by Trans-ow
Pith Coml'any, NYC for compr.hen$ive U.S. dlstril;\.ltion
, .
.
· Arranlte! financ:lna for AMESA, u.ruguay, for Its sugar refinery. .(USD 27
B\UUon, eoft\pltt.d 1n thre. phues). Allo AMESA1 Uruguay have arranged
USO 12 Million loaft with OPIC, Washlnaton, .OC luara1'\te'~ This transaction
wu compl.ted within fir.t quart.r of 19,56.
.
" .-
,.
.
Intertec S.A., .p~cial con.ultant to BuzU, Argentina and Uruguay in
Il\t."rnationll flnane., ~Inkln" Ire. trad. ZOtl", for the new common market.
.,
,
Speclat advisor to the Czech 1t.tpubl1c In the area. of fnterl'\atfonal Banking,
Iftt.rnltioftal Trad.. and Int.rnltlonal1telations with LatlZ'\ America,
'0
. .
,
.
\
*****
. - '.I~""
'fUr
! . 1993
'- 2001
CITY. OF DELRA Y BEACH
BOARD MEMBER APPLICATION
Please e or tint the foUo
1. Last Name:
N7tPNifILIJ
Ci
r/6/tJ'} .
RECEIVED
- -
JUtI .~. 6 1005
, .
Y CL RK.
.4.
Zi{> Code
J. 3Jy1y
Fax: 5lP/-: . .
. ~'1-,5> I J>'
7.
8..
v-M U All tJ~
...:
;ve statements are tniC; and I agree and understand that any misstatement of roate.cial facts
may cause forfeiture upon my Par.t of any appointment I roay recei;ve.
- O(P-tf)(P-V'..)~
Sl.GNA: DATE
.1
L'cbre: This ap cation will remain. on.file in the. City Clerk's Office for a period of2 yean> from the date it was
submitted. It will be the applicant's responsib~ty to efisuie that aeuttent application is on file. _
. S'ClIY~11ON
pUn I/I,~'
Leonard B. Mitchell
(561) 433-4584
Professional Experience:
July 1997-
Present
Palm Beach County School District, WPB, FL
School District Police Department
Police Captain! Assistant Chief
Internal Affairs Bureau; Fingerprint and
Identification Bureau; responsible for budgeting for
172 sworn police personnel; directly supervising
4 zone lieutenants and 100 sworn officers; imple-
menting departmentaVdistrict policy and pro-
cedures,
Aug 1989-
July 1997
Palm Beach County School District, WPB, FL
District Supervisor
Primarily responsible for the protection and safety
of school personnel, property and students. Estab-
lished and maintained partnerships with appropriate
community police agencies, Supervised 15 school
resource officers,
Aug. 1983-
Aug. 1989
Atlantic Community High School, Delray Bch. FL .
School Resource Officer
Primarily responsible for the protection and safety
of school personnel , property and students.
Developed security plans for alJ school activities,
Enforced all applicable Florida State CriminaJ
Statutes'- Developed and implemented student
Drug prevention programs,
1982
Tallahassee Police Department, Tallahassee, FL
Routine Patrol Officer
Safeguard the lives and property of the citizens of
The City of Tallahassee, FL.
Enforced all applicable Florida State Statutes,
Leonard B. Mitchell
Militarv Experience:
United States Army
Commissioned Officer, 1977 - 1980
Defended the country against enemy forces foreign
and domestic.
Earned commission as a Second Lieutenant,
August 1976,
Graduated from V.S, Army Officer
Basic Course, Ft. Benjamin Harrison (Ind~) March,
1977.
United States Army Infantry School-Ft. Benning,Ga
Deputy Chief of Personnel Management, 1977-1978
Assigned all incoming officer personnel, managed
school's travel budget, developed and implemented
workable Race Relations program and Interpersonal
Skills program,
Personnel Officer! Admin Officer, 1979-1980
Responsible for 5 departments that consisted of
335 millitary personnel. Assigned all incoming
officers and enlisted personnel. Developed the
department's Race Relations program, Imple-
mented the TRADOC Management Information
System,
Education:
Florida A & M University, Tallahassee, FL
Bachelor of Science, Political Science/Pub Mgmt
1976
Troy State University, Troy, AL
Master of Science, Criminal Justice(20 hrs)
Leonard B. Mitchell
Technical Education:
Lively Law Enforcement Academy-Juvenile
Prosecution - 30 hrs
UF Law School- Pub Admin. - 24 hrs.
Ofc, Of Atty General - Police Supervision-
40 hrs,(Managing Crisis Situations, ICAP
Policing in a Cultural Diverse Environment,
Noble Training Conference)
Palm Beach County Sheriff's Ofc -
Verbal Judo - 40 hrs,
Southern Police Institute Graduate - CODC- 35
Leadership Palm Beach County, 2000
Community Sen'ice:
2002- Presen t
City Education Board- City of Delray Beach
1996 - 1997
Chairman, West Atlantic Redevelopment
Coalition (volunteer position)
1989 - 1997
Vice Chair, Delray Beach Community Re-
development Agency (CRA) (volunteer position)
1986 - 1989
Member, Delray Beach Human Relations Board
(volunteer position)
References:
1), Chief JamesP, Kelly
PB County School District Police Dept.
3300 Forest Hill Blvd.
West Palm Beach, FL 33406
(561) 434-8435
2), Dr. Kathy Wiegel, Principal
Atlantic Community High School
2501 Seacrest Blvd,
Delray Beach,FL 33444
3), Mr. Gerald A. Williams, Esq.
Chief Officer of Admin,
3340 Forest Hill Blvd,
West Palm Beach, FL 33406
07/25/06 TUB 11:4~ FAX 5612433774
CITY CLERK
~002'
DRItJ\Y BEACH
~
rq;r
1993
2001
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATION Jut2.7 Z006
CITY C ERK .
~B; W
M.L
1.
2.
3,
4.
/foE
5.
.g;
. on We ' h you are currently servUlg or have 'previouslyservcd: (please include
'L~
~ statements are trUe, and I agree and uridas that any misstatement of material facts
may"""" forlCIwre upon my port Of"'Y'PpomDAVp'
Note: This application will remain on file in me City ClerWs OffiCe for a. pe.r:i.Od of 2 years from the da.tc it was
submitted. It will be the applicant's responsihility to ensure that a current application is on file.
b(:
With over 25 years of experience in the Real Estate industry, including over 20 years of portfolio
management and development experience, I understand what investors are looking for in property. From
setting your investment goals, criteria and risk tolerance to finding the property to fulfill tlwse needs and
assisting in the due diligence studies, I have the knowledge, experience and contacts to complete all of the
details necessary to fulfill your real estate needs.
Based in Delray Beach, Florida, I specialize in the Southeast Florida markets and have clients throughout
the country looking to invest in the area.
Are you looking for a good investment opportunity or looking to sell or exchange a portion of your real estate
portfolio? Call me for the expertise necessary to help and guide you through the process. It will be my
pleasure to assist you in realizing your investment goals.
Christina Morrison
BUSINESS HISTORY
Christina Morrison is a Licensed Florida Real Estate Broker and a Certified Property Manager (CPM).
She has been active in the real estate industry for over 25 years; her areas of expertise include acquisitions,
development, change of use and conversions, property management, sales and leasing, training, and all
phases of real estate marketing,
Chris is currently a Broker-Associate with Balistreri Realty in Delray Beach, Florida, specializing in
condominium, waterfront, and investment properties. Until July, 2001, Chris was the Director of Property
Management for the Southern Division of the Pennsylvania Real Estate Investment Trust (PREIT),
a publicly-traded company based in Philadelphia, Pennsylvania. Her duties
included the supervision of apartment portfolios ranging from 2300 to 3100 units
in several states, the successful re-development of three apartment properties, and
the authoring of the company's Policies and Procedures Manual and various
training seminars on Leasing, Fair Housing and Safety.
Prior to joining PRErr, Chris was National Marketing and Training Director for
Regency Windsor Companies, an apartment development and management firm
based in Vero Beach, Florida. Chris' responsibilities with Regency Windsor
included the analysis, development, and coordination of marketing activities for
all properties managed by Regency Windsor, encompassing over 12,000 apartment
homes in eight states, the development and implementation of various training
programs for all Managers and Leasing Consultants, and the design and
implementation of marketing and leasing campaigns for two new properties.
Chris is a graduate of Penn State University and is a Past President of the Institute
of Real Estate Management - Southeast Florida and Delaware Valley Chapters -
and was a member of the National Governing Council for The Institute. Chris is
also a member of the Site Plan Review and Appearance Board (SPRAB) for the
City of Delray Beach and is an active member of the Delray Beach Chamber of
Commerce. In her spare time, Chris donates her time to the Delray Beach Food
Bank and Caring Kitchen and enjoys traveling, scuba diving and the Southeast
Florida lifestyle,
VISit my website at www.ChristinaMorrison.com
II~Y
~;--<\ 7."
, ~I L
. 6 CO~~~[~RCL\L
IJ.LA~~.wJt
~RRJSON
(PM. Broker-Assodate
Direct 561 573.7083
ChristinaMorrison@adelphia.net
rJ'-'1 .1...11 ",,"r_u...L~'
"J:). -ioO: 'J';'
~ -t. . L : .. '.1. LI_':J 0-+:-, tJ
.. Lt, .I. ~ : ,):- - t".U 3 In. l.1) :s 11.1
Io1Ul< 11.~I_q "LI< I -,- fol'_.I'11
CITY CLERK
I "ACjL UL
~()jJ~- , /
jJ/lJ/idfj 0itr
1;u(CY/
FiECEn/ED
OWtAY S~H
~
mr
CITY OF DELRA Y B'EACH
BOARD MEMBER APPLICATION
1~3
2001
MAY ? 0 2005
- I ~~ C~~=r
! \'1-. j3~
, S~: i 2~.J
rsrace ~Zip Code I
L= I. I
I H.... !~3 4-8'3 i
~----1
F:.L.'r;::
~~-~j
-l
_ fJ.]A--~ ____ _ ~---- - _1
, E40ca~"';o.~ "\ ...-;., I f1.., 1_ - \.\ ..~ ~ 1
- ---- ....~~~ u.1-~ ~ (-~- ~ _._-_.~=l
10. List ~.Ily .tcL.~d npfC'3Sional ccttJ.fi.c:Hioos Uld fi;;enses wl:Jch rou hold:
-fl-- R'e._~~-""(' l.\,C4t.I\~ _
b.~'1<1 ~~~~\c..r.u... _ .j
11. GIVe YOU!: ~.t'c~cnt, or m~l: tt:.COlt emplo)'e.t, a.ad v~..=.. I
~.E:~~ tv. ""'""""V' ......~.l.~~1
l~b\fl-b ~'Nc\.~ ZO~.A .N(CI~~4_/~ ~~L\a?L..__~__j
~C-",::.'liU, ;:~~ qu'otfyrou 27f~~.~"'~ brief ==,]
-- ._~~ , - ~~ -- - ~~ ~-L__.__.
~~~ .~~ ~ ~~~\ Re ~I.~S X~~.,.J ~O ~ i
~ \Cl~ \\,St....~.ll__j~__, -~~j~_~-l..\oII,'-JD~ tYo ~.~UIAI,,"-' ()4. ,->>-__ f.....
I h..~e:b, (;('.rnr, thou;all rh( ~bovc ;;t.-ll..:.DlallCS >It:c lnlcl aud] "gr<:~ Mld w\d.ent:.wd thu 21'.lym~su.[~e1Jc of m:l~ ftlCl3
co::.~>e.d d., <his "ppli<.a.tioa. may U1i3C forfeitu(c upoa my J';U:( oI 1UI) ~poi" ttncnt { tr.ay .r;ec~T~
(~Go~ ~-:....~ .. . ~-X....~ \~ . ~~
__ ':J^II.!K~~~_. ,_ D}.IE ___~
Not~ 'Ibis i\pplicun.)rj ....dll rCll~ 00. 6\.: io ~ Ciry Cled!;'s Office for ~ pe.tio(l of 2 Taro from. the date it was
!liubrniltcd.. It will be the 2.pp!iGUl'~S .tcspousibiHt-r to eo.suie th:a.t... 01rI~nt: "f'pli.Q.r:i?D. ir. 01;1 fJ.c..
n:nTumuc.bO""'.......l'fU:'.-.:rt.".
!!ea.,e typ~ 01: p~t ~~)llowing .in f(t~riou:
1. b.:stNa~.~
2. fj~~
~ Z?:> nA-~
3. ~ Rc;id.e-..Qce-c
~~ A-s_~ ..
.. PrincipaJ,~, dd=, ~ ~
.....4. ~ . (<11\ ,.
\~-fb~~ . ~ . _t 9~ _ _ (~
5. Ifo... Phon. D,,,i.,,,, ho= :t~=~d'=
5t.(:"t~..~~ _. \-~-~ 0 1
G_ .fue you a r:e~tcred VO~?'{...e{ If so. Whec~t:-~CCCed! ~
--- --~
7 .fVh~llIar.i!(\ ,rr ..........\1 ;"',......._...---:1 --... :~') rt_.... L.~ l....a .....~i.JtlJ.C (;f 1?.fC'.c:c.cc.o.-c:..~.
.--~:"'...L- .... - _.~~~l._~_.
C~<<
------ -... -.--.- ... .-----...-.,..,..,,.
-go. List. all cUy BaucU on which y-:)tJ ue cua:eorly scrv.ilJg or hl\.V'c pccvi.:>u.,ljl 3CITCd: {Pl~~ u\dude dales}
Cell. Phone
rJ-fh//;'(
MOR Property Management, Inc.
: f'>tOJ*rty. M""'ga~nt..nC'
,
Page I of3
}Vlartagement Bio's
James M. O'Brien
President
Professional Experience:
. OVer thirty years of hands-on experience in Property
Management, Leasing, Marketing, Tenant Improvement and
Construction Coordination in the Northeast and Florida markets.
. Primary focus on Office, Industrial, Retail and Mixed-Use
properties.
. The management of asset portfofios with a diversified product
type and quality.
. The management and supervision of fee managers and leasing
personnel as well as directly employed managers and leasing
agents,
. The development and implementation of asset redevelopment
and enhancement programs.
. The development and implementation of investment plans and
the on-going management of investment and operating budgets.
1999-Present
M.O.R. Property Management, Inc.
Delray Beach, Florida 33483
President
BeachPlace
Fort Lauderdale, Florida
General Manager
Responsibilities included the overall day-tCKJay management of a
100,000 square foot Entertainment Center with an attached 800 car
Parking Facility and a 400 room Marriott Vacation Club Intemational.
Primary functions included the fostering of strong Tenant relations as
well as the retention of desirable Tenants compatible with the
Entertainment Center concept. Additional responsibilities extended to
the production of maximum net revenues, cost control and analysis of
the operating statements to enhance ways to improve on revenues and
control of costs. OVersee the intemal accounting, marketing, security,
janitorial and general maintenance of the Center.
Codina Real Estate Management, Inc.
http://monnanagement.comlbio_obrien.htm
3/24/2003
MOR Property Management, me,
Page2of3
Coral Gables, Florida
Vice-President
Responsibiities included the management -of an ~xisting portfolio of
Commercial Real Estate properties. Investment Sales; Syndication of
New Partnerships and coordinating the formation of Rew Joint Venture
projects for the Codina Group and its affiliates.
1988-1996
PFK Realty Services, :lnc.
Fort Lauderdale, F~orida
Partner
Director of Management, Leasing and Marketing.forPFK Realty
Services, Jnc. (Please see attached Curriculum Vrtae). Additional
responsibilities also extended to -Management of Tenant Improvement
Construction for the. Company.
American Tectonics Southeast
"Boca Raton,Floricla
Vice~President
Director of -Management, Leasing and Marketing services.
ResponsibHitie$ included the management, leasing and marketing
activities for a regional. Commercial Real. Estate developer hi South
Aorida with over 1,000,000 square feet of Commercial space either
existing orunder construction. Additional responsibitities included the
long-range planning for the management, leasing and marketing of
future Commercial. Industrial & Retail Developments,as wett as the
oversight of all Tenant Improvement Construction projects.
Johnstown American Companies
Consolidated Capital, Inc.
Atlanta, Georgia
Vice-President
Director of Management,. L-easingand Marketing and Tenant
Improvement Construction, Boston, Massachusetts's regional office,
Responsibilities ~ncluded over 1,000,000 square feet of Office I Retail
space located in Massachusetts, Tennessee, Connecticut, Michigan
and Georgia. .
Personal:
Reaf &tateBrokeT~ Massachusetts
ReatEstate Salesperson, Florida
B.O.MA
Past President, South Florida Chapter
Education:
/'
Milton Academy, Milton, Massachusetts
Trinity College, Hartford, Connecticut
SA History
http://mormanagement.comIbio_obrien.htm.
3124/2003
._ 05/18/06 THU 09: 1~ t'll 5tH ~79 0369
USTRAVEL
.............fQ1
.........q~itot!
. . G.. .Ct::,\.. ........
f\ v . . ..... :.
,.. .... . . ..... 1\)~~...-. .
~~'l " ". .~.
. . ..~{.~~~~ . .;
... 'C;\\"\:'1' '. . ':'.. :.:
. J>E.1.Y.X~PP!.
.~
"-"
.....fl.
. . -;993.'
.:Z001.
... . ..,. . . ". .
. ....CITy.:Oi=:DEt.RAYBEACH... ....
. .' . .'+ . .
.... . . .."
..SOARD'.'MEMS:ER'APPLI'CATiON.
Pl~e- ~ 'or rint'rl:i~ fon~'aiin:~{i1ifounanon:
.1- La8T. Na1I.lC:
Peltzie
Name Ken'neth'
"M_r..
-3.. '.l..c.gal-Re:iide:o.cc:
. Sl1im;:...
4. Pcincipal:B1W.nQ(l Adclz:C33:
City
S t".t.te
..,;~ C d'
-'-'t: _ :~O c. >- :
33445..... .
Zip Code.. ..
:Z.. Home Address:' 2260 R' bb' H II . . .C' cI
. a It-oowe Ire
--"-
City
Deiray Beach
STIl~L .
-.:" .
Cif:}'" . .
State.
Zip 'Code:
:'~:"'_.--:.~';:.:.-:.:.
'.;:f~~:~~~j;':::~:~~:}?;.I~~'r.:.0~;?'~~:-.: "
.5.: ..:.Hcmi.e Phonc: . Bus.ia~s Phon'=::
,
~~':::.~..:~"~ . .....c.~.:..:::.
.~::.:~.:'.::..::.: .
5f;11~98-4764' "-~":':-"'-.. .... . ....,.....
6. Are:you-it.1:ccisTereo. vQter? . ..
. Yes' Delray.Beach. Florida.
.' 7,; what 'BOIltd( s) arc yoo mtt.ee5ted in se&i.ng? Please lisi ili' otdcr:of prcfetencc:
E-Mllil Address: . .. ~dl~n~ _~I
kpeltzie@ya~oo"com- l;Je; ~ 3811
If so, where are .You registered?
F~
"
'/ --... :.:.~;~;
.~ . .,' .'. . .
I
..:.
.,' ..'
--:--
. . ,. DoWntown Development Authority.l. P 10 ~~:,..... ,...a,ol.""Zo--~'; B .;a-.."C"' .-<..:'RA':
8' List"-a.ll City BDards on Which 'YO\lMe c~tly serving or'have pr~ously saved:..(Plel!s~ inclUde dates) . - ....... .:. .'.
'.'
.'
.,-,'.Planning and Zoning Board a/15/00.tocurrent
Masters in' Public HeahhlAdministrative :Medicine
. ~.!
9. EduclltioO.u qualifiCations:
-10, List any .t(:lired professioU31certifications and licenses which you.hold:
""1
.,
--:!
'.
11: Give yow: pmcn.t; or :n1031: rCCCtlL GDlliloyer..ll-1ld posUibn:
12. Describe ct.peri=ces..sl:i.lls or knowledge '\1.,bich 'qualifyyouto serve on this bOOd~(ple3se.~tb~h ... brier resume) .'
Vice President, Whitsyms Nursing ltd
'.. . ,.' '::
;
. :
. .
. .....;
FortY Year experience in- Health Care Adm"
.'QlLaD.d Comml .nit:}' .pl:'llnn~
. .,
'. ,
'~:-'-i
Served as an officer and Board:Member of a'numher ()f"r.nmmnnitY.rirg~nizations':'.': .' ,
I br.t:cby a:nuy Uutl..u u....c ...bc-.>"c stat<:mc.nt3 aI:G true, nnJ" I agree and \.In<len;t:llld that any ln1~sta=ent of rnso1.e2:L.-\l f~"r~
~';""" in "'" ~odionY a~:."",.,;= upo<> ~yp~' o'_y opp""""""" ""'7"..0 / _, .... .
SlG~~<-~"C"( _fti~~. D~cHl ,.'7./J:,:'OOji'i'" ..
.. :
. .'. ~
. . ....: I'
.. .
Note: This. application will remain ou : file .in the City Gerlt's Offi<:efoJ: a: period of 2 yens' .fromJhe dace.it was '.
submitted. ltw-ill be the ~pplicant's responsibiliq r.o ensure that a cUJ:Cem: 3.ppli=rionis on fik. ..... '.'
S'CfiV('~~kDW'l'lJc"T1al<
..........j
Sunday, May 16, 2004.max
KENNETH GERALD PELTZIE
2260 RABBIT HOLLOWE CIRCLE
DELRA Y BEACH, FL 33445
561-498-4764
GENERAL PROFESSIONAL ExPeRIENCE
Hospital Executive & Planner Health Educator
Health Care Institutional Consultant
Corporate Executive (Health Care Consulting Firm)
Federal Government Health Care Program Analyst
SPECIFIC PROFESSIONAL EXPERIENCE
2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry.
Delray Beach, Florida
1.999 to Present Independent Health Care Consultant
1987 to 1999 Vice President, Corporate Strategy,
Bethesda Health Care System
Boynton Beach. Florida
.1990 to Present Adjunct Assistant Professor,
Health Care Administration
Florida Atlantic University
Boca Raton, Florida
1980-1982
1982-1986 President,
Affiliated Hospitals of Indiana
(a network of 18 hospitals in central Indiana)
Executive Vice President,
Community Hospital of Indianapolis
Senior Vice President,
Robert Douglass Associates
(a national health care consulting firm).
1972..1980
Vice President,
Chi Systems, Inc
(a national health care consulting firm)
Associate Administrator, Assistant Administrator,
Sinai Hospital of Detroit
(a 620 bed university affiliated teaching hospital)
Budget Examiner,
Burea~ of the Budget (now~he Office of ~anagement and Budget)
Executive Office of the President, .Washlngton. D.C. '
Administrative Officer. United States Air Force Hospital,
Dyess Air Force Base, Abilene, Texas.
1966-1972
1961-1966
1958-1961
Resident in Hospital Administration,
Sinai Hospital of Detroit
ACADEMIC exPERIENCE
1957-1958
B.A, College of Liberal Arts (Biology and Psychology).
Washington University. St. louis. Missouri. 1955
Graduate Studies (Industrial Psychology),
Psychology, Graduate School of Arts and Sciences,
Washington University. 1956
M.S.. Administrative Medicine (Hospital Administration),
School of Public Health. Columbia University. 1958.
PROFESSIONAL MEMBERSHIPS
American Hospital Association - Personal Member
American College of Healthcare Executives - Fellow
International Hospital Federation - PerSonal Member
Community Activities
Palm Beach County Health Care District, Finance Committee
Crossroads, (Substance abuse support Center) Past Board
Palm Beach County Emergency Medical Service Advisory Council,
Past Member
Delray Beach (Fl) Planning and Zoning Board. Member and Vice
Chairman
HOPE Project(A not for profit organization providing free
mammograms). Board member and Treasurer.
Deaf Service Center (A not for profit hearing loss support
organization). Member of the Board
United Way of Palm Beach County, Member of the Finance
Committee.
leadership Palm Beach
Rotary Club of Delray Beach. Member and Past Treasurer
11/16/~ee4 11:~~ 9547864677
LL/l~/U4 MON 11:26 FAX 561 Z~J J77~
BUILDIHG
CtIT CLERK
PAGE e~
~002
DElRAY BEACH
~
;qjr
1993
200'/
CITY OF DELRAY BEACH
.
BOARD MEMBER APPLICATION
rtj lit/of; .
Please e or rint the foU infonnarion:
1. La!lt Name: I C
.JE:ffOMS J.4AIz..o"v5
2. Home Addres.s: fJ~ \ d--U ~
i!..dO ~4-G j::4L~&;; Pr
3, Legal Residence:
N~e.
MI.
City
t>C:&4
City
State
6'4.#- ~
State
7.ip CQdc
8; 80J
Zip Code
4. Principal Business Address:
100. IN' AT~~r;" Bt...I.P..
City
P+>o/~ ~
State
;::z.,.
Zip Code
3 )'06/
5. Home Phone: Business Phone: E-M.1.il Address: Cd! Phone: Fvc
5l1-~~JZ.5'9 ~y;,,, 7,,6- "'~J6 SA--vZ-c.IVG .,)(3/1;:1.J.. 'F~'-S- .73-/7/7 9T'fJ.71~~76'
6. Areyounr~gistcredvo[et:? y;:-:> Ifso, whete are you regIstered? 1/5?z-'~ _~&~
7. What Bo:a.rd(8) are you int~ested ~ serving? Please list in order of ptefe:rence:
S Zc~,y/ C .
_. Lis!.all Ci~Bo.ards .on ~hi~ you ar~ ~~ntl!..~er:v-ing or l}::t!~_prcvio~2lJ. s~~;, {p~$,e:. .i.ncludc.!'iat~sl, .
. '];; O,..-/C4, 4 c-
9.
<:-t
1 L Give your present, or tIloSt .recent employer. and position:
~ 00'
12 Describe expWaICJ::&, skills or knowledge whi<:b qualify you to sa'\Te on thi~ boud: (please anach a. brk( resume:)
€ .P~~ ..z;r<<./j;J{~ ;"> G c. . Ii...-:
~F' c ~""'.r;. j :.e..... R n t:> ;., ~ .' ;'0' ~/
[)~~e. I5F~#..r /$ ). C~-
I hereby certify that all the above statcrncnb an: true. and r it ee :u1d \1!ldcrshUld [hat any misstatement of macerial factS
l:on' ;0 this appliOlti y c.1\use forfcicure upon my pan of any appointment I may J:CCCl.Ve,
----up ~ &j
DAlE
'lECEJVED
NOV 1 6 200~
ote: This nl>plication will z:e.ma.in on file in the City Clerk's Office for a. period of 2 years fronm'f~tQ ~ K
submitted, It will be che appliclUlt'S respon$ibilitV to ensure that a cun:en( aDDliClnon ill on -1111'.,
11/16/~e04 11:2~
'3547864677
BUILDIHG
PAGE 03
JEROME SANZONE
200 MACFARLANE DR
DELRA Y BEACH. FL 33483
(561) 243-3299
OUTLINE REUME
March, 2002
Present
City of Pompano Beach
100 E Atlamic Blvd
Pompano Beach. F1.33061
BUllding Official
March, 1989- City of Delray Beach Bujlding Official
March,2002 100 NW 1st Avc
Delray Beach, FI. 33444
June, 1.986- City of Oakland Park Building Official
March, 1989 3650 NE 12'" Ave
Oakland Park, Fl. 33334
June, 1984- City of Pompano Beach Assistant Building
June, 1986 141 SW I"' Ave Official
Pompano Beach, Fl. 33060
June, 1980- Self-Employed Construction Consultant &
Junc, 1984 RR 2, Box 816 General Contractor
Pompano Beach, FI. 33067
April, 1978- General Development Corp. DireCTor of Primary
August, 1980 1 ] I] Soutb Bayshore Dr Housing
Miami, F1. 33131
October, 1986- American Plywood Assoc, Sr. Interoational
April. 1979 PO Box 11700 Field Servic~
Tacoma., WA. 984]) Representative
August, 1965- Rinker Materials Eng, Coordinator
October, 1966 805 N. Railroad Ave. Field & Fabrication
West Palm Beach. Fl. of Project3
February, 1963- Lindsley Lumber Co. Estimation,
August, 1965 Steel Division Detailing, Field
Dania, Fl. Supervision,
Customer Relations
April, 1960- Security Planning, Inc. Sales Representative
DecembcT, 1962 FiTSt National Bank Bldg.
Miami, Fl
February, 1960- Dade County Highway Estimator &
February, 1963 Design Section Designer
11/16/~BB4 11:~~
June, 1959-
September, } 959
Sept. ] 958-
Jan., 1960
Sept" 1955- .
Sept,. 1958
June, 1954-
Sept. 1955
9547864677
BUILDIHG
C & C Construction
60 Tabor Place
Invest(lT Planning Corp.
60 E 42nd Str~et
New York, NY
JEROME SANZONE
200 MACFARLANE DR.
DELRAYBEACH, FL. 33483
(561) 243-3299
OUTLINE RESUME (CONT'D)
New Y or:k City Community
CollegE:
300 Pearl St,
Brooklyn, NY
United States Army
Levy & O'Keef
] 71 Madison Ave
New York, NY
Estimator &
Designer
Sales RepresentativE:
Construction Tech.,
ABS Degree
Corp of Engineers
Mechanical Design
PAGE 04
11/16/~004 11:~~
Date ofBirtb:
Marital Status:
General Health:
Military Sendee
Certification:
School:
Organizations:
'354 7864E, 77
BUILDING
PROFILE
August 27, 1936
Married
Excellent
USAnny Corps ofEng. - Honorable Discharge, 1955.1958
Florida State General Contractors
License #CGC-007690
Ccnified by the Departmo.::nt of Professional Regulations in thE"
Following areas:
Building Code Admini9lTator;
Structural Plans Examiner and Inspector;
Electrical Plans Inspector;
Mechanical Plans Inspector
Plumbing Plans Jnspecror
C.A.B.O. Certified Building Official #923
Florida Board of Building Code and
Standards Cenificatc #111
Building Officials Association Building Code
Director Certificate #147
Somh Florida Building Code Building Official,
Chief Stmctural Inspector and Plam Examiner
NYCC'C A.B.S. Degree in Construction Technology
Florida Atlantic Builders Association Chairman of
Affordable House Cormnittee
Governmental Affairs Committee
Builders Association of South Florida
Co-Olainnan ofTecbnical & ConsttUction
Committee
Construction Specifications Institute
Building Officials Association of
PAI3E. 05
Ilf16f~e04 11:~~
Boar.ds:
Languages;
9547864677
BUILDHIG
PAGE 06
Florjda
JEROME SANZONE
200 MACFARlANE DR
DELRA Y BEACH, FL.
PROFILE (CONTD)
BTOward County Construction Industry Licensing Board
Palm Beach County Building Code Advisory Board
Palm Beach County Fire Code Advisory Board
Fire Code Board of Adjustments and Appeals
SBca By-Laws Comminec
SBCCI Code Interpretation Comminee
SBCCI Exi9ting Building Code Committee
SBca General Design Committee
BOAF Resolution Committee
Palm Beach Count}' Hurricane Retrofit Committee
Palm Beach Coumy plumbing, Electrical and
Mechanical Review Committee
Ice International Building C.ode Structural Committee
ItaJian, Spanish. Japanese and Latiu
Il/lb/~~~4 ll:~~
'j':l4/l:lb4bll
CLIENT
US Depr of Agriculture
National Homes, Ine,
Ryan Homes
G.D.C.
Heller. \Veaver & Assoc.
Gcnstar
ITT
G.P.
Northwood Industries
MarChem
Everglades Cbemical
MCI-Carter Coating
C.A, Marando
Florida Division of
Law EnforcE:ment
BUILDm.;
JEROME SANZONE
200 MACF ARl..ANE DR
DELRA Y BEACH, FL. 33483
CONSULTING
ACTIVITY
Set up construction companics to build mass housing and train
Personnel in Venezuela, S.A., 3 projectsstaned.
Acq\lirc product approvals for their system unde)" the
SBCCI and SFBC.
Anal}'7..e and solve construction problems.
Analyze and solve construction problems,
Evaluate buildings for condo c.onversions,
Developed site plan for plann~d community in $, Dade
Evaluated strucmrcs at Palm Coast in Bunnell. Fl.
Approved as expert witness in American Arbitration and
Federal Court.
Analyze and solve problems of construction appl1cations.
Advised on markeling of construction products and gained
code approvals.
Advised on marketing of construction products and gained
Code approvals.
Advised on marketing of construction products and gained
Code approvals,
Advised on marketing of constructionpToduct..~ and gained
Code approvals,
Advjsed OD marketing of construction products and gained
Code approvals,
Analyze, investigate and evaluate projects as we)] as testify as
An experr witness for [he Construction Fraud Case
PAGE 07
11/16/~004 11:~~
9547864677
BUILDIHG
PAI3E 88
""'.
JEROME SANZONE
200 MACF ARl.ANE DR.
DELRAY BEACH, FL. 33483
PROFESSIONAL A$SOCIA nONS
American Concrete Institute (ACI)
American Institute of Timber Construction (AITC)
Building Officials Association of Florida (BOAF)
Building Officials Association of Palm Beach County (BOAFPBC)
Building Officials and Code Administrators (BOCA)
Construction. Specification Institute (CSI)
Council of American Building Officials (CABO)
International Conference of Building Officials (leBO)
Southern Building Code Congress InteOlational(SBCO)
PROfESSIONAL CERTIFICATIONS
Broward Coun.t)' Board of Rules and Appeals:
Building OfficiaV Plans Examiner
Building Officials Association of Florida:
Building Official! Depart:mE:nt Director
Council of American Building Officials:
Building Official
Florida Association ofPlumbing-Oas-Mechanical Inspectors, Inc.
State of Florida. Depanment of Business & Professional Regulation:
Building Official; Code Administrator, Plan..~ Examiner, Inspector
State of Florida, Departtncnt ofBusinc:ss & Professional Regulation:
General Contractor
State of Florida, Florida Board of Building Codes & Standards:
Build.ing Official
RELATED INDUSTRY ACIlVITIES
Building Association of South Florida:
Co-Chamnan. ConsO'Uc:tion & Codes Committee] 980-81
Olairman, Palm B~ach County Fire Code Ad....jsory Board] 990-94
Chairman., Palm Beach Count)' Fire Code of Appeals & Adjustments 1990-94
College ofarcbitectS, Engineers & Surveyors Seismic Committee: 1968-73
Low Cost Housing Comminee- Puerto Rico] 963-68
11/1G/~004 11:~~
9547864677
BUILIIING
PAJ3E 09
President, Building Officials Association ofBroward County 1987.88
Prcsident, Building Officials Association of Palm Beach County 1994-95
SQuthern Building ('.ode Congress International By-Laws Committee 1992-93
Southern Building Code Congress International Code Interpret;uion Comminee 1994-95
SouThern Building Code Conference InternaTional Existing Building Code Committee 1.995-97
Southern Building Code Conferencc IllTernationa] General Design Comminee 1997-1999
International Code Council ICC lNTERNA TJONAL BUILDING CODEc$uucmral Comminee 1999-
Present
U5/ 111/ lUU5 1U: 4U l"AA V>UJ.'( .jJ.J.O;).j
vv.~~'v~ CAL La.~u CAA ~o~ ~~~ JII~
rI~~1 ~~UIIr LIILe
\..L L'lI: \,;U:;1<1\.
~uu;;::
141 005
....7.*
JUl..JmericaClty
" III!
1993
2001
o/Il~a/A#
CITY OF DELRAY BEACH 5/I~/tTl
BOARD MEMBER APPLICATIONRECErvED
MAY 1 6 2005
OB.RAY U'EACH
...G&...
infozm:a.tiou:
Se
2. Home Address:
'I.[
3. LcgalResidm.ce.:
R I""h Wi \Ie.
l.try
bir\Ql.,
be l v',;:( jC4.t...~
1.
Name
City
)77/
s. Home Phone: '
S1/-1o"37")"9sS- Sl! - 7J!-O;;3/
6. .A:r.e you a .registt.red votcr?
City
fit-I ;r/b h. /J{ & t PL
E-lM:ail Address' Cdl Phone; F:a.:x:
{/5fe;h(vtJOk~{;{j-f c~'7 5'1/ Y'II- S-5Y'(/ ~'7.!- 7Jj-li'.J
If so. where :are you .tcgistered? 'f;"
I'r!C 111. C <(0,7;;2
State
Zip Cod~
4. P%incipal-:BusinC33 Add.cc:3a:
:?J Y'?,
f:S
7 _ Wl:nt Boucl(s) ate you inrezes~d in serving? Please list in oeder: o~ preference:
_ c ' II ~ ( - /.1,(..,
8.
9. Educ:atiowl q~lica.rions:
II .
o?
, .
I
10. List a.ny related pJ:Ofessiolli'l ce.di.fications an~ licenses which you hold:
, . II (I( 4 '(.. 'I
11. Give.yow: p'rc.s~t, or m.os~x:~t employer:, and posicioX:C./J .
. ___, ~ L. t,-c... r n: 1 .
'12. Describe 6ped.ences. skills or lcnowiedge 'which qualify you to s~e on. this bo:ud: (plctSe a.a:a.ch :.l brief rt511me)
t> //
I hereby ~ that all the 2.~ove sca.~em.ClJ.C1 :are ttUe, and I agree and undcrst:a.ll.d tb.1t2.D.Y missta.rement QflIDltt"'ml t'aa:s
contain in this :application may C'luse: forfcitnce:. upon my part of any :appointment I may.receive.
, .5-//61O.s
, DAm /
<e: This application will rem.aia on file in the' City Clerk's Office fD.c.a period. of2 ye:aI:S from the date i~'W3S
submi<<ed.lt will.be the a.pplicant's re:spoosih~ty to ensure dat a. cw:ren.t: a.ppli<;aUoa. is 01l.61e. .
SICt1Y~~ON
Dinah s. Stephenson, Esq.
EdueatIon
December 1988 University of Miami
. Received Juris Oodcrate (J.D.)
Miami. FL
May 1981 University of Alabama
. Received Bachelor of Science (8-S.)
Tuscaloosa. AL
WCM'k expewience
2002-.present
First Equity Title, LLC. President
. Responsible for daily management and legal functions of the
company. Overseeing all settlement transactions from initial
searches through post closing & Issuance of title policies.
2001 - 2003
Attomey at Law for Scholl. TlCktin & Associates
2001 - present
Broker/Owner of Destinations GMAC Real
Estate which is now Exit Realty The
Destinations Group
01/1992-0912001 D. Stephenson Construction, Ine,
Vice P.~idet.t, Chief Adminbl:h..~ otIIcer
. Responsible for da~y management , scheduling. coordinating and
general supervision of aD administrative and legal functions of the
company, including contrad: administration. AlSo overseeing
workers compensation and other personnel issues.
1993 - 2001 Stephenson Realty, Inc. Miami FL
President, Chief Executive Officer.
. Responsible for acquisitions, coordination of real estate
management, cooO'aCt negOtlaooos. teasIDIlltY anal}"SlS, ana aallY
accounting and supeNising of all company owned commercial
property,
1990 - 1998 Stephenson Merchandising and Marketing, Inc.
Vice President
. Responsible for supervising rnefdlandislng of products and
supervising dally functions at Amoco Gas S1ation. including
personnel issues.
IJ;)/ 1.0': ,,\IIJ;) 1.1.': '11. l"l\A 1.;)0.1 '.'1..10;).'
l".1K~.1 tYUIIl lllLe
Ie;/ IJ IJ 4
Organizations &
Community
8CIIVIUeS
Volunteer
experieIlO8
1988 - Present DDS Investments, Inc. Miami Fl
VIce President
. Responsible for acquisition of commercial properties, coordination of
real estate management and contract negotiations.
1988 - 2001 Attorney At Law, Miami and Ft Lauderdale
. Responsible for handling Real Estate acquisitions and feasibility
analysis. Continuous involvement with Real Estate management
and admiillstration, Practice indudes aU aspects of Real Estate
Law, Guardianship, Corporate Law, CoostJUction law and General
Practice.
The Florida Bar - member
National & Florida ~rrl nf Rp~~
City of Delray Beach - Public Employees Relations Commission
Boynton Beach' Chamber of Commerce
Boynton Beach Chamber delegate for Boynton Beach Sister Cities, Inc.
Museum of Ufestyle and Fashion History - Board of D!rectcn> 2. Secretary
Friends of NorthwoOO Professional Advislxy Council
Rotary Club of West Palm Beach
~usiness Development Board - Presidenfs Level
Owights computers for kids program
United Cerebral Palsy
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # q :J- REGULAR MEETING OF FEBRUARY 20,2007
APPOINTMENT TO THE EDUCATION BOARD
TO:
FROM:
DATE:
FEBRUARY 16,2007
Mr, Bradley Bradford was removed from the Education Board due to missing three (3)
consecutive meetings. This creates a vacancy for a regular member to serve an unexpired
term ending July 31, 2007.
Members of the Education Board must be a resident of the City, own property, own or operate
a business within the City or have a child attending Delray Beach public schools. It is the
intent, whenever possible, that the membership include persons with a background in
business, real estate and/or education.
The following individuals have submitted applications and would like to be considered for
appointment:
See Exhibit "A" attached:
Please note a new application has been included from Mr, Kenneth Zeno,
A check for code violations and/or municipal liens was conducted. None were found, Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5) for
one (1) regular member to serve an unexpired term ending July 31,2007,
Recommend appointment of one (1) regular member to the Education Board to serve an
unexpired term ending July 31, 2007,
EDUCATION BOARD
01/07
1ERM EXPIRES NAME & ADDRESS OCCUPATION TELEPHONE
07/31/2007 Home:
Unexp Appt Office:
Vacant Pediatrician
07/31/2008 Gerald Crocilla Office: 243-1544
Appt 08/01/06 9370 Longmeadow Circle Teacher Cell: 385-8267
Boynton Beach, FL 33436
07/31/2008 Debra Kaiser, Chair Home: 499-2894
Appi 07/06/04 684 Lakewoode Circle West Fax: 638-4018
Reappt 07/11/06 Delray Beach, FL 33445 Quality Executive
07/31/2008 Ned Rosen Home: 637-6228
Appt 08/01/06 933 Greensward Lane
Delray Beach, FL 33445 Consulting/Research
07/31/2008 Harold Van Amem Home: 272-0550
U~exp Appt 12/13/05 733 N. Ocean Blvd, Work: 272-2912
Reappt 07/11/06 Delray Beach, FL 33483 Developer
07/31/2008 Peggy Murphy, Vice Chair Home: 638-6859
Appt 07/06/04 4622 Ellwood Drive Office: 243-7922
Reappt07/11/06 Delray Beach, FL 33445 Director Fax: 243-7018
07/31/2007 Susan Sikich Home: 272-0554
Appt 07/05/05 1117 Harbor Drive Cell: 312-505-6810
Delray Beach, FL 33483 Administrative Assistant
07/31/2007 Sandra Tobias Home:
Unexp Appt 02/21/06 4464 Cocoplum Way Cell:
Delray Beach, FL 33445
Real Estate/Educator
07/31/2007 Perry Stokes Home: 243-4856
Unexp Appt 01/03/06 2845 SW 22nd Avenue #108 Cell: 634-0556
Delray Beach, FL 33445 Educator Office: 638-2100
07/31/2007 Adam Davis Home: 588-9666
Unexp Appt fY)/19/06 822 N, C Street Librarian Cell: 876-9035
Lake Worth, FL 33460 Office: 819-6405
Fax: 266-9757
07/31/2007 Marlo Belkin Home: 274-6932
Unexp Appt 01/03/06 21 NE 11th Street Office: 279-2970
Delray Beach, FL 33444 Cell: 789-0578
Educator
STUDENT MEMBERS (one
term limit)
07/31/2007 Jacarra Wilson Home: 276-2566
2YEARTERM 1335 NW 3n1 Street Cell: 251-7375
Unexp Appt 9/16/06 Delray Beach, FL 33444
07/31/2007 Jordan Coyne Home: 499-2894
1YEARTERM 684 Lakewood Circle West Cell: 809-0730
Appt 08101106 Delray Beach, FL 33445
CITY REPRESENTATIVE:
COMMISSION LIAISON:
Janet Meeks - City Planner 243-7231
Fred Fetzer (Primary Member)
Jeff Perlman (Alternate Member)
EDUCATION BOARD
EXHIBIT "A"
Applicant
Background
Catherine DeMatto
Training and DevelopmentlMarketing & Sales
Katherine Fazio
Administrative AssistantlBusiness
Owner/Marketing & Sales (also applying for the
Community Redevelopment Agency)
Bernard F edergreen
Director of Operations
Gerald Franciosa
Retired/Law Enforcement/Accounting (also
applying for the Community Redevelopment
Agency, Historic Preservation Board and the
Neighborhood Advisory Council)
Philip Friedman
Real EstateIRetired-Assistant Financial Aid
Director (currently serving on the Nuisance
Abatement Board)
Tam Knight
Retired-Educator
Peter Raycroft
Educator
Ria Santos
Financial Consultant
Kenneth Zeno
Self-employed Training Consultant/former
School T eacherl Administrator
DELRAY BEACH
.~
mr
1993
2001
.,~:." .~O
"'- \J~
': · ic€.\
.~ . . t\\\\%
CITY OF DELRAY BEACH \\O~ ~ ~ ~'t-.
BOARD MEMBER APPLICATIOt'1'< C\.-€
2.
information:
II ~~. ~
M.I.
1.
.-
.-
'Z
,~
State ~.;~.:':9.4e'
-L,.3:3Y~S-
State.".' Z!pCode
{~:: . -.,'
3.
4. Principal Business Address:
'//-1!J4 u&
City
.-, .State
Zip Code
II
,.'.;. .~
/I
5. Home Phone:
Business Phone: E-Mail Address: Cell Phone: Fax:
E)(P/- 573-/5dD 'DettJI1fCIfT€J/l.TtflJ'l. .5tt/ -573-/5;;10
7. Are you a registered voter? If so, where are you registered?
6. Date of Birth
I/:J /L.j9
8.
e5
9. List all City Boards on which you are currendy serving or have previously served: (please include dates)
d
i~
.~<.;.S.
".f.:.,
..... .
.t,:.
(!RoufJ .
. ...f ..
'<i~ft'1i.}'c'-:::(;: .
17 P. R.s, ()~ '/. 'I b- -L lJ..('v. L fJly() €y#ell?N(ti= ~ /qvooVl( toe a,:::: 'AR~
I R NCL!/le ~(){)r;;, RE(l!lf8Jf, ;:.eN e. w IV Rrtt CQIlf{Ullif'{'~ebJ~j;
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this apE' 'n may cause forfeiture upon my part of any appointment I may receive,
/, /, ! ~ G;
DAlE
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 me.
Catherine J. DeMatto
227 Sherwood Forest Drive
Delray Beach, I=L 33445
(561) 573-1520
CORPORATE FINANCIAL SERVICES TRAINING MANAGER
With 20 years of consistently exceptionarperformance in management, training and new
business development, I have effective management and leadership capabilities to achieve
results in others and myself.
QUALIFICATIONS SUMMARY
. Management and Training
Experienced in training development, evaluation and facilitation, as well as coaching,
motivating and evaluating a staff.
Received sales and management recognition awards.
. Marketing and Sales Support
Developed, implemented and managed product introductions and training, as well as direct
marketing programs for national sales organizations.
Managed special events and developed strategies to enhance brand recognition.
Individual Sales Performance
Achieved membership in John Hancock's Honor Club; Mutual Fund Top 100 Leader
Ranked number 1 first year sales representative with Fidelity Brokerage Services, Inc
CAREER EXPERIENCE
Lumbermen's Underwritina Alliance June 2006-present
Employee and Development Specialist
· Training development, facilitation and evaluation;
· Management of on-boarding programs for newly hired Account Representatives.
SouthTrust BanklWachovJa June 2004-2006
Retail Fina"ncial Center Manager, Vice President
. Training arid new business development.
. Overall responsibility for 15+ operation,
Gulfstream Business Bank. July 2003-2004
Relationship Sales Manager
· Private Business Bank: Business development through referrals, networking and cross
sales.
Weiss Insurance Ratinas~ October 2002-2003
Sales Training Manager
· Classroom and on-on one training and coaching of sales personnel
· Developed and implemented sales training modules for new and experienced hires;
. Recruited and hired- new sales team.
Trainino and Manaaement Consultant: Freelance Proiects
May 1999 to Ongoing
· Bank of America: Manaaement Associate Proaram
. Prudential: Trainina Manaaer
Facilitated and assessed sales training programs for sales representatives and financial
planners; direct responsibility and accountability for new hire production.
1
. MetUfe: Trainina and Coachina
Facilitated and assessed training process for newly hired call center employees to support
shareholder base during Met/ife's conversion from a mutual to a stock company.
Republic Security Bank lWachovia Investments 1997 to April 1999
1998-1999 Vice President, Investments and Training, Business Development
· Developed a start-up investment sales operation in the Florida market;
· Created and facilitated training sessions for bank management, consumer branch employees
and business partners to ensure the sale of investment products through qualified referrals
and cross selling of consumer bank products.
1997-1998 Second Vice President, Private Bank, Business Development
.. Established client base for Trust and Investment Management Division.
· Created and managed the training process for bank branch employees with regards to
recognizing and referring qualified prospects,
· Facilitated client seminars throughout Palm Beach County.
~
Fidelity Investments. Boston, Massachusetts 1993-1997
Marketing, June 1995 to 1997 Annuity Product MarketinglTraining Manager
· Ensured the successful promotion and ultimate sale of various annuity and insurance
products with direct accountability for increasing national sales.
· Developed sales strategies; created supporting materials, including electronic marketing
tools.
· Created and managed training programs and fully supportE;!d distribution channels,
Retai//nvestor Center, 1993 to 1995 Investment Sales Representative
· Attained #1 new sales representative rank. Worked with existing client base to boost .share
of waller while establishing new client base,
· Repeatedly achieved within top 10% in brokerage sales - including #3 nationally in annuity
sales, .
Dreyfus Service Corporation. New York. New York 1991-1993
Sales Center, 1992 to 1993 Investment Sales Representative
· Successfully marketed investment products to new and existing clients.
John Hancock Mutual Life Insurance Company. Boston. Massachusetts 1976-1991
Lead Generation Marketing Unit, 1990 to 1991 National MarketinglTraining Manager
· Implemented and managed three national lead generation programs which were responsible
for a 15% increase in annual sales.
· Produced support brochures and promotional materials to educate field force about
programs.
· Managed John Hancock's corporate sponsorship in BABYFEST, a national consumer event
held in ten US cities.
Ufe Product Marketing Unit, 1989 to 1990
· Developed and implemented new product and sales training programs for field force.
· Conducted training sessions for agency management and marketing representatives.
Sales and Sales Management, 1980 to 1989 Sales/Sales Training Manager
· Promoted to Sales Manager in recognition of 4 years of outstanding sales production.
· Developed sales units at agency locations throughout Eastern Massachusetts. Recruited,
trained and managed sales process for new and experienced marketing representatives.
ADDITIONAL EXPERIENCE
Sales promotion, direct mail and event management, Completed news writing and reporting
assignments for large daily newspaper.
EDUCATION AND LICENSING University of Massachusetts at Amherst, Journalism;
lUTCF designation;
NASD Series 8 (9&10), Series 7 registered; Fl Life Health and Variable Annuity licensed
2
,~R,:'':B~?! ~() i7/tJ </,
~,,,
AlblJtulf-G .'l\~~ CITY OF DELRAY BEACH ./ 61'
, III ,~ ~~v.. \\ \,\..<('~OARD MEMBER APPLlCATION~
1993 C\~~
2001 ~1 ?t/~,V/
-JJV-{rlly VS j'-'
*****
It..-
2
3. Legal Residence:
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
6.
C/!.,IJ
U UL It. tZ./) f-
8. List all Gty Boards on which you are currently serving or have previously served: (Please include dates)
~
9. Educational qualifications:
10. List any related professional certifi~tions and licenses which you hold:
11. Give your present, or most recent employer, and position:
, . rflA-.
Note: This application will remain on file in the City Cleck'sQffice fora period of2 years from the date itwas
submitted. It will be the applicant's responsibility to ensure that a currerit application is on file.
~r.I."RJnROAIlJ)\APPf.r....TICJN
RESUME
KATHERINE FAZIO
1118 Harbor Drive
Delray Beach, Florida 33483
Home: 561-276-4939
~obile:561-289-2320
Email: k6464@aol.com
Objective: To participate as a citizen on the Oty of Delray Beach Boards
Experience: 912005 - Present
Carl W, TImpson 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 Bead\. FL
Allmon, Tieman andEly
Receptionist
Worked part-time providing many administrative services for an
extremely busy and successful real estate office - phones, contracts,
mailings and MLS software. Was offered a full-time position.
8/1990 - 8/2001 Write to Me Delray Bead\. 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 - 8/1981 Keystone Massachusetts Boston, MA
Manager, Field Marketing Services
The position provided sales support to the Northeast Regional Vice
President and all of her broker/dealers. Assisted in the marketing of.
mutual funds, retirement plans, annuities, trust services and private money
management. Responsible for overseeing five other Marketing Assistants.
Worked closely with the entire field of Regional Vice Presidents to
coordinate their sales efforts around the country with the home office.
8/1977 -11979 Massachusetts Financial Boston, MA
Services
Marketing Assistant
Started as secretary but was promoted to Marketing Assistant which
required sales support and service of-customer accounts for the
broker/dealers. Dealt with mutual fund products and retirement plans.
8/1976 - 811977
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.
*****
/r/5JOJ
DRRAYBEACH
. .. . . . . ..
All-AnlericaCity
'H"!
1993
2001
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATION OCT 1 4 2005
CITY CLERK
I
Ple:lSe tint the followin
1. Last Nam.e:~
2. Home Address:
I .
3. Legal Residence:
/~b
4. Principal Business Address:
information:
l/E
State
rLt
State
p-L,
State
MLT
~ Code
33
Zip Code
.3 3 }C}(/
Zi(> Code
EE'/V
AI/e-
..
~
...--
7.
Business Phone:
Cell Phone:
Fax:
5. Home Phone: .
~/ ~t.? 333 .
6. Ar.e you a registered voter?
-
'.
. .....
I3bfl
8. List all City Boards on which you are currendy serving or have p~qiously served: (please include dates)
" -/f/~ t/.
-e. ..........
9. Educatio~ qU2lifications:
10. List any related professio~ certifications and licenses which you hold:
t 1. Give yow; j?resent, 0
~M ~ (!b 1-.4
niployer, and.,.p~sition:
a - 1J1!2 .
tJ!? tJ;/e/t. 4-77~
'12 Describe experiences, skills or knowledge'which q~you to serve on this hoard: (please attach a brief resume)
A I B:vB€J .cJ f? t/ A/l. !:; . 0;-'" ---'
<)IG
the a~ve st.atements are true, and I agree and understand that any misstatement. of mat.e.ri21. facts
tilay cause forfeiture upon my part of any appointment. I may .receive.
. . @L"r6l4J\f~
DATE I' '.
,'" ote: This application will remain on file in the. City Clerk's Office for a period of 2 years from the date it was
l submitted. It will.be the applicanfs responsibility to ensure' that. a current application is on file. '.
. SlClTYa.I!IWDOAIUMPrUCA'UON .
*****
DELRAY.BEACH
........
-_I:-Cftr
, 'III!
1993
2001
E.GE\VED
. R
CITY OF DELRAY BEACH 10 lOOn
BOARD MEMBER APPLlCATldW~ E.?\<.
C\"T'f C\.. .
It (7 '/Jf'
..rr:
S~L
State
t,
Name
2.
3, Legal Residence:
4. Principal Business Address:
City
State
Zip Code
Home Phone:
Business Phone: E-Mail Address:
6,+Nc.i /)JA .'A
7. Are you a registered voter?
Cell ~J~ .ft
I. .Co,."
f so, where are you registered?
sttUt
Fax:
c .-. S;14: l1:.yf~ 'fEw
. y serving or have previously served: (please include dates)
,
-*
/ /
10, EducationaI qualifications:
~~4? ~
11. Ust any rdated professional certifications and licenses. which you hold:
(~..~ ~i2~ E;
12, Give your present, or most recent employer, and position:
13. Describe experiences, skills or knowledge which qualify you to serve on this board:(pl~e attach a brief resume)
(,
s 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.
*****
mr
. 1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION RECEIVED
AUG ;...5 2005
K
~1t/} ,
C/;irff .JiIfJY/ ~ ct::.
DB..RAY BEACH
. t. . .. .. . "
infonnation:
City
~te
State
N
2.
3.
4.
City
State
Zi{> Code
5.
6~(
6.
Business Phone:
"E-Mail Address:
Cell Phone:
Fax:
9,
^-.J <:;;' vL C) 'b
~"^-S'l!ve S
7.
8.
10. List any relat~ pr~fe:wional certifi. . cations and lifCnses wh\ch you hold:
'v....e.. \ oZ.. ..-- vV S 'ieJt~ s I (C 6V<<€-
'tr(E~~
~ (;0 cf<. eo~ !JS:S-OC\(SL
above statements are true, and I agree and understand that any misstatement of material facts
on may ca fOMture upon my port of ""y >ppointmeo. I ~ ~e.
. . 8/S- O.r
DATE / '
.L. "_
!",'ote: This application will remain on file in the City Clet:k's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to efi.suie' that a current application is on file.
S\CITYa..IllOOJI()AltIMPrUCA"llON
-p "'" \ \ \. ~ ~C"L, eel '^'\.13.N
<7 ~o Ri \4~ ~ ~(l.\.~
~~ ~ P\ ~&'l~3
~~l -~7G:, "~rJ..D7
S\.\.C.4.~cro _
"B.A. I"" .f:Co~h\IC.::' - J-t....~('g )~}
.. Nrw ~nk.~ kr 1'1~ ~
1\1\ ~..4. "b~ tf.C:>>oo/ .(\ ,/€A- / N ~o....Lc:
C,~ {C,6C
JNo (t.ke~\ e.t\Jce...
I~ &s-- 1~6~ u-'Aj\QN ~~L0~~oN -
~ Trr-)C ~\.~ \.S+
tCj6;,rr-/97-;-. LeVell- ~(W~~ ~ g~
. TA-X ~~\q.l\~t-
/~7~-/q<7Pf CI~ ~l"eal~~~
Ik.sIS~UN,,/ur;'4;~(""FNrwe.o.~ /}.cJ
1fAc. \ t~~ .
IlC;~S-(~'1o ^l~fn.k~""....JG~-
. .~\~ tfl)RlL.-c~k~~~-l.Wts .
~(\At~ S-I (~/I>'lJ..l.e (J r.u ~ ~s-..,~o-e-h~
~~-h.
K.e.tT \ BD~ J <^.rv\-r 7 v-e.s .) ~ ~CJD,AJAco\l~",o
DRRAY BEACH
. .... . . .. ...
*****
AI bledCaatr
't II~!
1993
2001
CITY OF DELRAY BEACH .. E.""E.D
BOARD MEMBER APPLlCATI8iC '1.\\\\9
OC1 , 6
\,f:,~'"
crPlC l:'A /' 16 ~
M.1. -
Name
information:
Ci
~ 4
~ Zoo , v ..lJ
City
4,
City
State
Zip Code
Nl~
5. Home Phone:
f(l
6.
Business Phone:
E-Mail Address:
Cell Phone: Fax:
~\A
I L~}atO
7. Are you a registered voter?
~e~
If so, where arey u registered?
-
~...\w\~. Go'" r L..
8, What Board(s) are you interested in serving? Please list in order of preference:
f""J c:eca. ,,~-n ~".,~
9. Ust all City Boards on which you are currendy serving or have previously served: (please include dates)
t\\+\
· t E' ~o-l sn..-\". o.~ fL
12, Give your present:, or most recent employer, and position:
DATE-
101120/0"
I ,
Note: This application will remain on file in the City Oetk'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.
1iir
1993
2001
/1;1;/1 . .
CITY OF DELRAY BEACH REC~r:?
BOARD MEMBER APPLICATIOUV 1 2
- NU - 005
CITY CLER-K
DB.RAY BEACH
. t. . .. . . ..
*****
2. Home Address;
'2, .
3. Legal Residence:
City
ML
Name
City
~(L-
.4. Principal Business Address:
City
State
ZiJ? Code
Home Phone: -
-Business Phone:
Cell Phone:
Fax:
6. he you a registered voter?
7.
8. LiSt all City Boards on which you are currendy serving or have previously served: (please include dates)
-\
j
9.
. that all the ~ve statements are true, and I agree and understand that any missbtement of material facts
. this appli .on ma use forfeiture upon my part of any appointment I may receive.
, lafar JOY'
_ DATE
SI
,-
L 1ote: This arplication. will remain o~ file in the' Ci~ .~lerk> s Offi~e for a period of 2 ~~ fr~m the date it was
- subtn1tted It wiltbe the applicanfs responsibility to ensure- that a current applicatlon IS on file. -
f I'" <" - - S'CITYa.I!IOOBOAUMl'l'UCATION
..J- 1'1-1 - d"")
t-t:tl-I,:1.'-- .:.."1.-'1.:1 .. .l"::' .;....:1
H 1_'1 t:.LJUJHI'""L':-=. 6t :=-I_ll .:~
.J. .-,0.1. . __..-+ I -+="
r . '-1._-'. '-1-+
. OflRAY BEACH
~
mil
1993
2001
REGE\VEO
CI"'rY OF DELRAY BEACH fEB (\ 7 2601
BOARD MEMBER APPLICATION v CLE.f\\<.
. C\T1
Name
lA-
Gty
t)E;Ll2-fW 6CflC#-
City
~/ 7 ft9
M.~ .
Please e or rint the followi
1. LaSt Name:
l'JTe s
2. Home Addrc.s.s:
"HI 19 ()A-+.JS(){\) tD
3. Legal kside.nce:
infoD:llattoo.:
State
'f:L-
Sl'::lre
Zip Code
33Lf'l ~
Zip Code
4. Principal Busiocss Address:
City
Stice
Zip Code.
5. Home Phone:
Business Phone:
E-Mail Address:
Cd} Phone.: 5li I
slIP
ttfs,cp~
F a.~: 5lL (
73l/
f#J TYQ 7
6. Date of Bir:th
g -5~a0
8.
7.
~q(m 8ch CD '.
Wh~c Bo:u-d(s) are you interested in sert>ing? Plc:ue Ust in order of pr~ferc:n=
es
P{at1ni'1 V- Z.Cnjl1 ,~(..i hbo,-hOod L fXf-f Pial') t-l2el/(t lA..J
on which you ::l.rc cuucndy .terving or have pr<:viowll.se~cd.: (pl~<:: include d;LtcS)
9.
)oJ (.l-
to. Bduauional quali~ns.
. '5 rit5 '1 --r Le. ure Httllfh +-lfa,iQblf IlnlJuiHf.)
12, Give your present, or rnos,t recent employee. and po&ition:
. .
~.t;. e-dward5 1"" SOt'1S I ~e.. H'Ifl.nciq.l CtYJ:sW fan-f
13. Describe cxpericncl!S. sldlLs or knowkdgc 'Which <:Jualify you n) serve on chis board: (pIC;;l.S<; 3.roch a brief .resume)
"5ee re
tn( a.f+aehtd
I hereby certify th:1t ~ r:he :lbove sratcmcn" arc tr\1f; :md I ::l.gr~ ADd undentand chat :my mis.s-r:atement of ma.t.eridl factS
concained in 'this application may C3.Usc forfdmce upon my part: of any appointmem I m<ry rcc;cive.
~ ~ J- -1-tr] (ur-do..ffd)
'SfGNA-ruRE DATE. .
- . ate: This :a.ppliClrion will rc:main On file in the City Clerk's Office for:a. period of2 ye:m; from the <:bee je was
5ubmi[[cd. Ie will be the appli01O['S responsibility to ensure m:a.t:a current application is on file.
r t:.J:;-~1 .. -'::;''';''.;1 I .1'::; , .;.u
M '-"1 c'L'WHf'1.'.::J Oc ..:)1-" t..;'
..L "_"'-'..L , __'-t I -t _~ 1
I . ':...J.:.... -_1-"
February 7, 2007
Dear City Commissioner(s),
It is my pleasure to seek membership into one ofthe following advisory boards: Education,
Planning & Zoning, Neighborhood and Site Plan & Review. As a resident of Delray Beach for
the past three years, I have decided to commit myself to the betterment of this great city in which
I live. As a Bexley Park resident, I know first hand the power of a city working together for its
residents and hope to take part in future accomplishments, I have always been involved in
communities where I live because I feel that it is crucial to take an active role and believe in the
improvement of such places.
I know that I will be an integral part of any of the advisory boards for which I may be selected.
Some of m past experiences of leadership include serving as President of the Student Advisory
Board at Gulf Coast Community College in Panama City, Florida, In this position, I oversaw a
group of25 students in developing, coordinating & implementing activities for the college.
Together, we fostered an environment for students to take active participation within our college.
Not only did we promote student development and involvement, we served our community
through volunteering.
I am a participant in Leadership Delray and volunteer to assist the Education Foundation
Comminee in planning the Annual Education Foundation Auction. This is just an introduction to
playing an active role in my community. I wish to further this by serving as a member of an
advisory board.
It takes initiators, such as me, to help organizations succeed which I plan to do for the City of
Delray. I have served on various boards throughout my educational years and comprehend the
importance of dedication required of members. I now plan to include this aspect into my
personal & professioflallife and ask that you consider me for a member of the Advisory Boards.
Cordially,
1fiJ ~
Ria Santos
r-t:.t.i-'...J..-":':LIL..JI ~.:... _ll.J
H 1..'1 c.1....U~.L..::a Oc .:)1_11 t.:)
.L ._"V.L 1.-'-1' l-t.-"I
I ."_I~. .._t-t
Ria Santos
4636 Danson Way
Delray Beach, FL 33445
Tel: 561.516.0788
Emai1: ria.santos@agedwards.com
WORK EXPERIENCE
A.G. Edwards & Sons, Ine
Boynton Beach, FL
Registered Fiuancial 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 August '02 - September '03
Nagano, Japan
Foreign English Teacher
.. Teach conversational English to students, business professionals and housewives
. Prepared/ developed lessons unique to various levels
.. Worked with Japanese Teachers to develop curriculum
.. Helped students progress with the English language
ACHIEVEMENTS & ORGANIZATIONS
-$ Cum Laude -e. Delray Beach Chamber of
~ Student Leader of the Year Conunerce
~ President - Student Activities Board -$ Leadership Delray participant
~ Senior Class President ~ Habitat For Humanity
~ Phi Theta Kappa -$ Women For Excellence
-e. Volunteer UCF ~ Catholic Counsel of Women
-e. Rotary International, Delray Sunrise -$ Florida Women's Business Center
Advisory Board
TOTHL P.O~
~ ::2-}'oIo,
DElKAY BEACH
~
All-AmerlcaCity
" III!
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
RECE\VED
Ff~ , 5 2007
C\T'l CLE~\<.
:f/~jI
Please rint the followin information:
1. Last Name: IT fI c)
2, Home Address:
05
3. Legal Residence:
/j-bdV-e- - 5/1/V1e
4. Principal Business Address:
'tfa cL- ;;~es/7)1l
,
Name M. 111--r
City 3eqch State Zip Code
I FL '3:3
City State Zip Code
City State Zip Code
S/TMe-
5, Home Phone: Business Phone:
S0/-g-b~'I5f3 S/fJV>C
E-Mail Address: Cell Phone: Fax:
KZ-el}o~dd,p)}j4. 0J-Y-7t/~9
6, Date of Birth 7. Are you a registered voter?
f~/ ?-)c;~ jc-s
If so, where are you registered?
~
JJ11~IfIJ~.
9. List all City Boards on which you are currently serving or have previously served: (please include dates) No N L
/ 10, Educational qualifications: ;:e-~e.z '1djI1/~JS/,{l/j~,,;z, Iii l>""bl.'~ S::trprclS olSY~
E
\
\
11, List any r~ed. profe~nal certificatio~s and licenses ~hich you hold:
cek!.. i ~ ie<t..c~T~'~: FL ~
CT ;:~/~ Mr2~
l,
~
12. Give your present, or most recent employer, and position: <: ~~e ~ ~
,e ~CAA- ~ ~. Cdt<J S:te('7/rn-'-- J.:e~,(
13. Describe experiences, skills or knowledge which qualify you to serve on this b~d: (please attach a brief resume)
---' c0etf ~k61'C'- cl..Qc?/S ~'1.J€-?5/r:; e~ cu--e.e.)~~
F/? /(M-<e ir/ 0<</(5 OJl?c!, eLl ,A/J~, lJ.e-P/. ~rf C::dJ c::u~,a ('~
- --- J~ ,-- "'- 'J) J <7 ';X ~S' -I. /1p.iG ~
C:~RC:: coop ie~.at?L1 /e.~ I~ ( Da/f1eQ- vi Ect. ?~G'lett~
I hereby certify that all e st-3,tem are true, and I agree and understand that any misstatement of material facts
contain i his pp' a . forfeiture upon my part of any appointment I may receive.
~/-Z t/.1'T~ '1 / a) O(d.1?
DATE /
Note: This application will remain on ftle in the City Clerk's Office for a period of 2 years from the date it was
submitted, It will be,tb~applicant's responsibility to ensure that a current application is on file,
Kenneth A. Zeno
4850 Sherwood Forest Drive
Delray Beach, FL 33445
Kzeno(iiJadelphia.net
561-865-4593
EMPLOYMENT:
Director, Center for Health and Human Development 1996-current
A Consulting Company focusing on Program Development and
Training /Events Planning and workshops
Delray Beach, FL
Family and Life Coach, Duncan Center 200S-current
Delray Beach, FL Private Individual and Group Family and Life Coaching
Director, Institute for Body, Mind and Spirituality 2001-2005
Continuing and Professional Education
Lesley University, Graduate School of Arts & Social Sciences
Cambridge, Massachusetts
Responsibilities:
Designed, developed, managed, marketed Professional & Community Education
conferences, special events and training programs; Wrote/Secured Grant Funds and
private donor support; developed and managed budget; Recruited faculty and negotiated
contracts with instructors; Supervised work-study students, student/adult volunteers,
advised student interns; Supervised staff
Director, Continuing Professional Education
New England School of Acupuncture, Watertown, MA
1999-2001
Director, Health Education & Human Services,
Malden Public Schools, Malden, Massachusetts 1994-1999
(Wellness K-12 Programs, Sexuality and Violence Prevention Education)
Senior Instructor, Cambridge College Graduate School 1994-2002
Health Promotion/Well ness, Cambridge, Massachusetts (8 years)
Health Coordinator/Health Teacher G5-10/, High School 1986-1992
Grant Coordinator, Comprehensive Health Education K-12 (6 years)
Needham Public Schools, Needham, Massachusetts
Director, K-12 Health Program Specialist 1984-1986
Concord Public Schools/Concord-Carlisle Regional School District
Concord, Massachusetts
Sales & Management Trainer, New England Region
Stow Mills Natural Foods Corporation, Brattleboro, VT.
1980-83
EDUCATION:
University of New Mexico
University of Chicago
Boston University
Antioch University
Brandeis University
Ph.D. Courses (Health Promotion)
Ph.D. Candidate(Training and Dev.)
M,A. African-American Studies
M.A.T. (Education: Social Sciences)
B.A. (Political Science)
1992
1974-76
CERTIFICATIONS/CERTIFICATES
· The Coaches Training Institute (Core Curriculum), California 2001-2002
· Health Education, Supervisor/Director, Massachusetts LIC#0079620
· Family Mediator, Florida Supreme Court Certification (l0918F) 1998-current
· Advanced School Mediation, University of New Mexico 1997
CERTIFIED EDUCATIONAL TRAINER:
1. Sexuality Education, Education Development Center, Newton Massachusetts
2, "Second Step", Violence Prevention Curriculum (Grades K-9)
3, "Victims, Aggressors, and Bystanders" (Violence Prevention
Curriculum), Education Development Center
4. Cooperative Learning, (David & Roger Johnson, also Kagan Approach)
PRESENT A TIONS:
"Parents-as-Coaches" TM, MA Dept. of Education, Staff, Even Start Program,
Watertown, MA site and Waltham, MA site (2003,2004)
"The Second-Step Approach To Solving Student Conflict", Shore Collaborative (eight
school districts), Somerville, Massachusetts, May 27, 1998
"Developing Teen Dating Violence Prevention Support Material, School-Community
Involvement ", Middlesex County District Attorney's Conference,
March 12, 1997
"What Is Comprehensive Health Education: Partnerships in Health Promotion",
Harvard University Graduate School of Education, Center for School Counseling,
Cambridge, Massachusetts, March 1994
GRANT WRITING: Funded Grants
"Evidence-BasedlBest Practices in Alternative/Complementary Modalities in
Healthcare", Conference Grant, Whiteside Charitable Trust ($20,500), 2004, Lesley
University, Institute/or Body, Mind and Spirituality
"Caring for The Whole Person on the Cancer Journey", Conference
Grant, Whiteside Charitable Trust ($20,000), 2003
"The Arts and Healing in Healthcare Settings" Conference Grant
Whiteside Charitable Trust ($11,900) 2003
"Cultivating The Healer Within: A Body-Mind-Spirit Approach to
Healthcare", Whiteside Charitable Trust ($20,000); 2002
liMA Comprehensive Health Education & Federal Drug Free Schools Grants",
Malden Public Schools, MA Department of Education
($170,000) Written & Renewed Annually 1995-2000
"Family Involvement In Comprehensive Health Education", MA Department of
Education, Health Framework Coordinator, RFP (Wrote Request for Proposals
Documents for DOE), (FY94: $100,000) and May 1994 (FY95: $200,000)
LEADERSHIP POSITIONS:
Living Values Education Program (L VEP) Board of Directors 2005-2008
Director/Chairperson: Malden Public Schools
· Comprehensive Health (K-12) Assessment Team
· Health Frameworks Advisory Team, Mass DOE
· Health Framework/Curriculum Standards Health Team
Grants Administrator/Supervisor:
Lesley University:
2002-present
1. Whiteside Grants ($72,000)
3. Moir Family Trust ($25,000)
2. Sonnabend Grant ($10,000)
4. Titus Grant ($10,000)
Grant RFP "FAMILY INVOLVEMENT", WriterlManager, 1993-1994
Family Involvement in Comprehensive Health Education
Massachusetts Department of Education, Malden MA
MAJOR PROFESSIONAL ACCOMPLISHMENTS
KEN ZENO
(BRIEF SUMMARY)
1. PROGRAM DESIGN, DEVELOPMENT AND IMPLEMENTATION
.
Facilitated innovative program development and implementation in multiple
school districts in Massachusetts (Concord, Needham, Malden Public Schools)
.
Provided cutting-edge instructional strategies program offerings for the MA
Department of Education, Concord, Needham and Malden Public Schools, most
contemporary practitioner treatment approaches for the New England School of
Acupuncture and innovative program offerings for Lesley University Institute for
Body, Mind and Spirituality
.
Research and Identifying "best practices,"
2. INSTRUCTIONAL DESIGN AND ASSESSMENT
. Collaborated in the development of instructional curriculum for pilot testing for
national distribution at Education Development Center
. Facilitated development of K-12 comprehensive health education curriculum,
alignment with the MA State Health Frameworks and an assessment methodology
for the Malden Public Schools
3. TRAINING AND DEVELOPMENT
. Developed professional staff training programs for the Concord, Needham,
Malden Public Schools and five (5) other school districts focusing on learning
strategies and comprehensive health education
4, MARKETING AND SALES
. Developed multi-level marketing strategy for program/events promotion at
university level, proprietary professional school and within K-12 school districts
. Acquired 100 new accounts within 3 months as Director of Sales and Marketing
for the largest Natural Foods Corporation (B & C/Whole Foods) in the country
. Provided Management training for staff working for companies with self-
contained natural foods sections in supermarkets (Stop and Shop) and department
stores (Bradlees) for a large New England Wholesale corporation (Stow Mills
Corporation)
5. GRANT WRITING
.
Secured multiple grants at university level totaling $ 100,000 for
conferences/events and RFP Grants at MA Department of Education totaling
$200,000
· Acquired several grants for multiple schools districts in Massachusetts
· Acquired grants for health Planning organization in Chicago
6. FUND RAISING/PRIV ATE DONOR CONTRIBUTIONS
. Secured several pledges for donations and a $25,000 pledge at the NE School of
Acupuncture and a $25,000 pledge at Lesley University for the institutes first
publication by an internationally known author
7. PARTNERSHIPS AND COLLABORATIVE SPONSORSHIPS
. Crafted several partnerships/co-sponsorships with hospitals in New England
(MGH, Dana Farber) while at Lesley University
. Established partnerships with health, hospital, human services and civic agencies
while in Concord, Needham and Malden Public schools
8. EVENTS/CONFERENCE PLANNING
. Planned, implemented and managed numerous successful events, conferences and
workshops in a variety of settings
9. LEADERSHIP SKILLS AND TEAM BUILDING
. Facilitated team building at state department, school district and university levels
10. ENTREPRENEURIAL EXPERIENCE
_ President of successful Natural Whole Foods Market for 13 years
Piccadilly Square, Newton Centre, Massachusetts
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER f11
AGENDA ITEM # q. K - REGULAR MEETING OF FEBRUARY 20. 2007
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD
TO:
FROM:
DATE:
FEBRUARY 16,2007
Ms, Jeannette Dobson submitted her resignation from the Historic Preservation Board effective
February 6,2007. The resignation letter is attached for your review, This creates a vacancy for
a regular member to serve an unexpired term ending August 31, 2008.
These requirements have been updated to reflect current code requirements.
To qualify for appointment, a person shall either be a resident of, or own property in the City,
and/or own a business within the City, In addition, the City Commission shall fill five seats on
the Board with either an architect, landscape architect, realtor/real estate broker, civil engineer,
general contractor, architectural historian, preservationist, land planner or interior designer. We
do not currently have five (5) seats filled from these specialties. Laypersons of knowledge,
experience and judgment that have an interest in historic preservation shall compose the balance
of the Board. Preference should be given to professional and lay persons who own property
within historic districts or whose property is individually listed in the Local Register of Historic
Places,
The following individuals have submitted applications and would like to be considered for
appointment:
See Exhibit "A" attached:
Please note a new application has been included from Mr. Keith Snider.
A check for code violations and/or municipal liens was conducted, None were found. Voter
registration verification was completed and all are registered. Mr. Snider is registered to vote in
Broward County,
Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5), for one
regular member to serve an unexpired term ending August 31, 2008.
Recommend appointment of one (1) regular member to the Historic Preservation Board for an
unexpired term ending August 31, 2008,
HISTORIC PRESERVATION BOARD
02/07
TERM REGULAR MEMBERS OCCUPATION TELEPHONE
EXPIRES
08/31/2008 Roger Cope Architect Office: 274-6706
Unexp Appt 11/21/06 1005 Ingraham Avenue Home: 274-7188
Delray Beach, FL 33483 Cell: 789-3791
i cope((ijbellsouth.net
08/31/2008 Linda Lake, Vice Chair Realtor Office: 278-5570
Appt 08/03/04 1111 Thomas Street Home: 272-1898
Reappt 08/15/06 Delray Beach, FL 33483 Fax: 278-9533
08/31/2007 John E. Miller, Jr., Chair Sales Manager Home: 865-9483
Appt 07/22/03 1502 Fenton Drive Office: 954-379-5457
Reappt 08/16/05 Delray Beach, FL 33445 Cell: 561 632-9547
Fax: 954379-5445
08/31/2008
Unexp Appt
08/31/2008 Toni Del Fiandra Accounting/ Home: 272-3766
Appt 09/19/06 14 N. Dixie Blvd, Booking Office: 274-6227
Delray Beach, FL 33444 Cell: 441-5527
08/31/2007 Kim French Advertising Home: 278-2074
Unexp Appt 11/21/06 144 NW 3rd Avenue Office: 688-2880
Delray Beach, FL 33444 Cell: 315-8547
Fax: 688-2780
08/31/2007 J oAnn Peart Self employed Office: 272-1400
Appt 08/16/05 107 NW 9th Street Home: 276-8968
Delray Beach, FL 33444 Fax: 276-6709
Contact: Denise Valek X 7041
S/City Clerk/Board 07/Historic Preservation Board
HISTORIC PRESERVATION BOARD
EXHIBIT "A"
Ronald Brito Contractor-President
Kristin Christensen Resident/Owner-Recruiting Firm (currently serving on the Civil Service
Board) - Lives in a Historic District
Joe Farkas
Resident/Banking-Manager (also applying for the Community
Redevelopment Agency)
Mark Fields Resident/Self-employed
Gerald Franciosa ResidentlRetired (also applying for the Community Redevelopment Agency,
Education Board, and Neighborhood Advisory Council)
Philip Friedman ResidentlRetired (currently serving on the Nuisance Abatement Board)
Jan Kucera-Winney ResidentlReal Estate/Business President/Service Manager (also applying for
the Community Redevelopment Agency)
Gregory laManna Resident/District Aide (also applying for the Community Redevelopment
Agency)
Livia Landry Resident/Self-employed - Lives in a Historic District
Pearl Markfield-Elrod Resident
Dale Miller
Resident
Frances Owen
ResidentlTeacher/Realtor
Karen Preston
Resident/Business InstructorlHistorical Society Executive Director
Samuel Resnick
Resident/Retired-Engineer
Jeffrey Silberstein
Self-employed Architect - Owns a business in a Historic District
Keith Snider
President-Architect - Business is located in a Historic District
Cobb. Venice
From:
Sent:
To:
Subject:
Valek, Denise
Tuesday, February 06,20074:47 PM
Cobb, Venice
FW: Historic Preservation Board Meeting, February 7,2007
Venice,
Below is a resignation letter from Jeannette Dobson. Has anyone else applied for a
position on the Historic Preservation Board?
Denise A. Valek
Executive Assistant
Planning & Zoning Department
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Phone: 561-243-7041
Fax: 561-243-7221
valek@ci,delray-beach,fl.us
-----Original Message-----
From: Jeannette Dobson [mailto:JDOBSON@nbhd.org]
Sent: Tuesday, February 06, 2007 4:28 PM
To: Valek, Denise
Subject: Re: Historic Preservation Board Meeting, February 7, 2007
Denise,Amy and the Board
It is with sincere regret that I have to resign from the Board due to my new position at
work, It is very demanding and I hoped that it would not interfer with my committment to
the Board. Well it has and I don't want to call in absent and be kick off, so I have no
alternative but to resign.
Thank you for the experience.
Sincerely,
Jeannette Dobson
Jeannette P. Dobson, ASN, BS, RNC
Administrative Supervisor/Director of Nursing Broward General Medical Center
>>> "Valek, Denise" <valek@ci.delray-beach.fl.us> 2/1/2007 1:40 PM >>>
Good Afternoon,
Attached is the Agenda for the subject meeting. Please advise if you are unable to attend
or have to step down on the item.
Thanks.
Attach,
Denise A. Valek
Executive Assistant
Planning & Zoning Department
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Phone: 561-243-7041
Fax: 561-243-7221
valek@ci.delray-beach.fl.us <mailto:valek@ci.delray-beach.fl.us>
1
'J. I .1. _, U1)
n~v vo:~~ r.~ vOL~4J~/li
(THU} .JUL I::; 2006
\; LD: \;lLKl\.
:~ : r, r, j:::T. ~: r, 4 IN ". ~:~ 1 Sl4 4:~ 16 B F'
...
,
FR{)M
~002
DELUV BEACH
~
'l II I!
1993
2001
f\E.CE.\\JEO
. ,'3 'l.\l\l6
CITY OF DELRAY BEACH J\}l .
. . €.~"
BOARD MEMBER 4PPLICATOIfi Ct.:
G
ry
DelV""A.'113eA. Jv
5, Home Phone: Business. Phone: E-M:ail Addr(;$,s: Cell Phone:
O~. I SG-oI'''30S0 -07t;
~~I' 73tf- eBz..5 SlDJ-2"7Q- ~JI €.Glwor/t:... Ei>a..o . ~/'z..?~-O)~
6. Date of Birdl 7 _ Arc you a registered votet'? If so> where arc you registered?
Please e or OOt the foUo"lPin infounation:
1, Last Name: Br j -+0
2. Home Address:
I 4=f e SE z,-t+'- A V~
3. Legal Residence:
.=.a )")'\ ..e.....
4. Principal Business Address:
'Z5SQ W~bb Av~ :ff'Z-
Name R 0" a.J d.-
G
'B~ Y"\ +0",,- "Bea.. c-k......
City
Stare
Pi-
St2te
F"l.-
Zip Code
3~ Y,Y.lf
State
. Fax:
~. z. - LJ.(p 'ft:":::1 "&.,Y)+O~ &"~ I F~
8, What Boud(s) are you inter.ested in serving? Pl~a'o:: ~t in order of prefucncc:
Ht5-+o,....cA-l pre.s~rll4..tton.. t30ayp(...
9. l.i,t all City ao:ud~ on which you ;\[e CIlIIearly sa:ving or have previously served: (pleue includ~ .L.tes)
C r ' 'e>Oa.r; 0 I - 000 '2-00 2-
1 O. EJucltion~ qualifiCD.tiOn..~
I ,...S
11. List my ~lared professional certiEcations and licensc:; which ~u hold:
COc.-oCfi3~ F'ofl'd~ 3~ ~ -1 Cali r".'a- 01 ~~-z..
An 3 a.~e. C7eVl.<'IYA.. Con+rA....e-+or lic.e,...,>~s.
12. Give yOlJI present, or most: recent employer. and posicion:
r r r,. c.,.
13. Describe experiences, skill.~ or lmowl~dge which qualify you ti) serve on this boud: (pl~~ ~t.Uch a. brief resume)
o 1"" ,.. c- I PA.C- ro <) n do n 11 C e-rc. J ~ )
~nJ..
te~;deh-h' A,. I . Pia ~e.. reyto"'~.p'on of 5aYldo~'1 lJa.tvf"e.. Ce",k;
\.t~ VAdo",!:> re$;dentl"4,J r('$tor4.~'oJ'\S
I e.s:eby ~ttify tbat -all the above SD.remen "e true. and I agr<< iAd understand that any miSSU,tWlalt of anrcr:i.:u faCts
conwnod in ,lit, .ppli....,.. r ~. feim<' "Pon my p= of ""l'ppn;nm""" I ""7 ,"'"".
~ ~ 7~~fr?
SIGNATURB DA"o/ I
Note: ll1is -application will rerruUn on tile in the City a~s Office for a period of 2 yeus from the date it was
submitted, 11: will be the appliont.s {csponsibili(1 to C:fiS\.1re that a current application is on file.
Mar 29 04 04:03p
Enterprise Contractors
(561)279-0335
p.3
RON BRITO, GENERAL CONTRACTOR
198 S.E. l1h Avenue
Boynton Beach, Florida
(561) 441-1767
WORK HISTORY:
1965 -1979
Fourteen years as a framing and finish carpenter in Riverside. San Bernardino and Laguna
Beach. California. Production framing on several multi-family complexes. housing tracts. and
high quality custom finish work Seven years as Carpenter, two years as Leadman. jive years as
Foreman on new residential and commercial projects, as well as renovations and remodeling,
1979-1983
LICENSED BUILDING CONTRACTOR /CALIFORNIA Lie. B-388997
Spent five years subcontracting and running framing, siding. trussing. floor jois/ing, and stair
installation on multi-family complexes from large contractors, During this time, I contracted
new single-family homes. additions. remodeling. commercial roofing, and commercial tenant
improvements.
1983 - 1985
Job Superintendent on custom housing in the Nashville. Tennessee area for one year,
Subcontractingframing. trussing. and sidingjobsfor the next two years,
1986 -1989
LICENSED GENERAL CONTRACTOR/FLORlDA Lie. CGC-047369
Worked at "The Township" as Punch-Out Foreman for one year. Worked for David Jones
Construction at Gleneagles. Polo Club as Lead Carpenter and Foreman for one year on 32
eight-plex wood frame multi-family units, Worked for Davis Brothers as Superintendent on
Brighton Lakes in Boynton Beach, building 36 wood-frame duplexes, Constructed custom
housing.from Manalapan to Sf. Andrews, Boca Raton. Received General Contractor's License
in February 1989,
1989 -1991
LICENSED GENERAL CONTRACTORlU.S. VIRGIN ISLANDS Lic. 2-01392-92
Traveled to St, Croix afier Hurricane Hugo for 5 days to bring supplies and help restore power
and water to units of condominiums for a fi-iend. Agreed to come back to restore two houses,
Restored fourteen residences, two commercial buildings and six rental units. Also completed
work in St. Thomas and Sf. John on custom homes. Acquired General Contractor's License in
the Virgin Islands in February 1990.
Returned to Florida in July of J 991 and began new additions and remodeling projects, After
Hurricane Andrew, I opened a ,field office in Miami for restoration work My Miami oJfice
completed 16 residential restorations and about 31 roujing projects.
Mar 29 04 04:03p
Enterprise Contractors
(561)279-0335
p.4
RON BRITO, GENERAL CONTRACTOR
Page 2
1992 -1993
Was asked /0 take over opera/ions of Falkav Construction as General Mgr, and to qual~fY the
company. Falkav Construction was, at that time, under contruct with the City of De/ray Beach
for the Plew Tennis Center (2-5 million-dollar contract) and was engaged in school projects for
districts from Lake Worth to Miami-Dade County. Although. after a thorough research. I
decided not to qual(fy Falkav, I brought the Delray Tennis Center to substantial completion in
timefor the Virginia Slim Tournament, and all of the school jobs were in line,
1994 - present
, Owner and President, Enterprise Contractors, Inc. Enterprise has completed many local
residential and commercial projects since it's inception, including new construction, additions,
remodeling and historical renovations (such as the Sandoway House Nature Center in De/ray
Beach).
In August 1995, I was appointed /0 the Construction Board of Appeals in Delray Beach, and I
was the Board's Directorfor a 2 year term. I'm still serving on the Boardlor 2003 to 2005
PERSONAL HISTORY:
1 am 57 years old, married, and have four children I have two years of college, majoring in
Business Management. I am an active member of my church (SDA), where I have been a
Deacon for J 4 years and am currently a Sabbath school teacher for young adults, 1 also sit on
the Church's Building Committee. I own a home in Boynton Beach, where my family has lived
for 19 years; and I am a member of the Architectural Review Board for the Vernon Heights
Property Owners' Association. I am also a i8-year member of A.A. and am active on several
committees, Tennis, surfing and jogging are my favorite pastimes.
P~~y. B~p!:
~.
_.~
"'AnIeIIb1~ .
, ll:lt
1993. .
2001' ..'
RECEIVED
CITY OF DELRAY BEACH JUN.D R 2006
BOARD MEMBER APPLICATIOttlTY CLERK
Please e or !int the followio information:
1. J...ast Name: (. I~ R.. _'- . I
.... I ~:n:. ~~
2. Home Address:
17- .Nf.: t.~~
3. Legal Residence:
II:> y:.rb J...j E..
4. Pdncipal Business Address:
r:r9r-t t.. A4iA-vL-+ c A-v< -' Z -{ .:> J
Name ,/
/"-.. t<.. , .=, n ....;
City
Del
City
State
H-
State
4-
Zip Code
33'if::3
City
D~d":lj Iflt:-A.:...l-..
State
5, Home Phone: Business Phone: E-l\..1ail Address: Cell Phone: .Fax:
~ (. 939 -" 1~-<" 9 52 2'" I .:)-:0 vD Knd.,/Ja--k.... A.. 9.L2 L -., ~.,~
C. '-0' lot1V<'::::hv...~." v ~ o..J~ '-'
6, Are you a registered voter? '1lA- If so, where are you registered? [)..c (rr-.y 1~' k
7. \XIha1 Board(s) arc you interested in serving? Please list in o~ of preference:
Ct./, I .) V7M ,-<-. of Av--J .k G . . O'Y'-.
8,
rly serving O.r. b:t"'c previously serve.d: (pleas~. include dates)
9. Educational qualifications:
10. List any related pr.ofessional certifications and licenses which you hold:
12. Ducribe ocperiences, skills or knowledge which qualify you EO serve on this bo;u:d: (please attach a brief resume)
(
ab ve sutements are trUe, and I agree ll~d unden;tand mar any misstatemem of material fac[s
n ~ use forfeil\ll:c llpon my part of any appointment I may receive.
// ~C7&
~--
Note: This applicatioo ,~;jll remain on file in the City Clerk's Office for -a period of 2 ye:l.r~ from the date it '^--as
subrnined. It will be thc applicaJ.1t..s responsibility to ensure that a current application is on file.
S\CJr(('LI!JlKlOO.'IlD'AP.I.IC:' nON
Kristin (King) Christensen
17 Northeast Sixth Street; Delray Beach, Florida 33444
(952) 221-2580 (mobile); (561) 330-6422 (home)
KRChristensen@bellsouth.net
Professional Experience
07/99 -08/03 Marchese and Associates
Vice President
Delray Beach, FL; Mpls, MN
Achievements:
· Awarded National Sales Leader 2002
· National sales leader first and second quarter 2003
· Raised 75% more revenue in '02 than closest ranking competitor within the company,
· Increased commission revenue by 30% from '01 to '02 in perhaps the most difficult
market in the history of the financial services industnj.
· Developed loyal client base where 100% ofclients produced repeating business.
· Established reliztionship and negotiated exclusive recruiting arrangement with a
growing division of the nation1s largest financial services company (Citigroup.)
· Negotiated highest commissions paid to the firm for placement of a financial services
wholesale representative in 2002,
· Instrumental in building a sales team recognized as best in class by a national ranking
agenClJ.
· Consistently recognized by clients as honest, loyal and prioritizing client best interests.
Responsibilities:
Developing client base. Accomplished through cold calling, referrals, networking and
face to face meetings with prospective clients.
Contract negotiations. Accomplished by demonstrating to new clients the value of
recruiting services and structuring mutually beneficial fee agreements.
Recruiting. Accomplished by selling candidates on the job opportunity by consultative
yet persuasive approach.
Travel. Maintained consistent face to face contact with existing and potential clients via
routine office visits, extensive dinner and lunch meetings and regular industry
conference attendance.
Managing business within a business. Worked in a highly autonomous 100%
commission structure successfully budgeting resources for continued growth.
06/96 - 07/99 Legends Cafe and Bar Minneapolis, MN
Manager ('97 - '99) Bartender ('96-'97) Waitperson ('96-'97)
Achievements:
. Business revenue grew year over year.
. Sales increased by over 200% during my years as manager.
Education
09/95 - 01/97 Luther Seminary
Presidential scholizrship
09/91 - 05/95 Hamline University
B.A., English. Magna Cum Laude.
St. Paul, MN
St. Paul, MN
Elected Phi Beta Kappa, junior year.
OB.RAY BEACH
.'0......
AHmericaCity
''II'!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
c.j; ,lift}
~i)an~
*****
3.
Name ~ ML
...:/Oe-
State Zip Code
vr!- ,?z.. J-I Y :s-
City State Zip Code
City State Zif Code
/t ./ e-
1.
2
4. Principal usiness Address:
:? 0.;2... C::;,4!-sr ~-rc...,..q~ T/ <-
t:J C:-4-!4- .d e""'Act4- h 3-
5. Home Phone: Business Phone:
~ C /tt..t.J...
E-Mail Address: Cell Phone:
'c4A-t'sbS7<@! ._ .//" 10111 ?bS-1
e ~ 0 - ~el ~ b
'y If so, where are you registered?
(e~. ha
7. What Board(s)are you inte1:ested in sexving? Please list in orde1: of prefe1:ence:
Z........v- ,4CViV a~
(C/
PL ] .J y'F3
Fax:
I r I aY)~?IJ
6. he you a registered voter?
;- , r ",,",.,/(! <..
8. list all City Boards on which you are currendy serving or have previously served: (please include dates)
9.
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent eniployer, and position.:
c'/",v A~ In .
'12 Describe experiences, skills or knowledge whiCh qualify you to serve on this board: (please attach a brief resume)
o /!-- o"c r/,.."....4-~, S&z0CL~ M v 6-7ve..v
.#e.
,4
c!)
~;J
t:...,.- tSJ,,-e d. /}-
....5/,c-Jce. e p s /.-z~ -rv e..~ Pe~-:- ~ r/.Ne. ~ Ci"
I he1:eby 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.
~ '
s~
Ie -/.0 -c..OCJ-.J-
DATE
.:., ,te: 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 cu.rrent application is on file.
S'ClTYCLI!RK\BOAlU>\API'UCAnON
May-l 6-05 05:19pm From-WASHINGTON MUTUAL
OBJECTIVE
+5616B9B506
T-1BZ P.03/03 F-B09
JOE J. FARKAS
737 Northwest 37th Avenue - Delray Beach, Florida 33445
(561)499-4678 Cell: (561)27'1-7651
~; eeking Management position with growth oriented organization where my skills and
E:xperience can be utilize:d.
SUMMARY OF QUALIFICATIONS
. Professional offerin9 exceptional manaflerial, organizational and motivational
experience in finance industry
. Proficient in coordination and implementation of multi task responsibilities
. Excellent communic:ltion and pUblic relation skills with strong emphasis on
customer satisfaction
. I-'ossess nigh wo", etnlc with vt;lI:SGlt.ilily (U1l.llJcl~cve(anc.e
. Experience in trainjn~ and motivating sales and service representatives
. Continuously exceed:> goals
., Productive in effectivH time management to ensure schedules are met
.. Effective team player and proven troublesh.)oter
EXPERIENCE
11/00 - Present
11/92 - 11/00
4/85 - 10/92
~ i0oi"''''''' I IV...
"'VASHINGTON MUTU.A.L BANK. West Palm l3each. Florida
"\sst Vice President / IC:lnancial Center Ma(lager
Hire, train and motivate staff of 15 to become effective bankers
,- Attained mortgage and consumer loan gro,,1fth of 125% to 175%
,- Develop and maintain positive business relationships and community contacts
,. Realized 100% goal attainment for the pasl; four years
,\MTRUST BANK. BoCt:1 Raton. Florida
.~oan Officer (3/97 - 11/00)
. Processed loans fror" origination to c1osin~1
. Produced $19 million in mortgages during \:>oe 12-month period
. Underwrote and approved authority for equity loans up to $250.000
Branch Manager (6/93 - 3197)
~ Managed staff of 21 in sales and operations of $500 million branch (largest branch
in system nationwide)
~ Provided high customer service levels emphasizing problem resolution and staff
development
loan Officer (11/92 - 6/93)
.. Solicited builders. developers and realtors to originate loans
.. Generated $15 millio n in mortg age from 1 ;~/92 to 6/93
CALIFORNIA FEDERAL SAVINGS & LOAN
Branch Manager
.. Created customer awareness by developing and implementing marketing programs
and soliciting outsidEr business
.. Branch consistently achieved over 100% ct prod\Jctn:m gOClI::;
"'.-J,....-.:....,'-Ji-t._.. -....;;;;I.h_.i..~:;;:~-;.:;vl'; -..;.,,;.3~e, .~...!:=.- ...-- ~-=... --:11;--
Rs:u:hF!lor of Bu~iness Administration
OaRAY BEACH
.4.......
*****
AHmericaCity
"" I!
. 1993
2001
. . €,O
CITY OF DELRAY BEACH ~€.(j€.\\1 ~
BOARD MIiMBER APPLlCATIO~\. \ ~ 'I.t.ra~'f.
, C\~'t c-;~. ~
:r
~fW3
Please .tint the followin infotlrultion:
1. Last Name:
Ii €L. 5
2. . Home AtJjrs: &'"eA.~ . e tl~. #5
3. Legal Residence:
S' ({ fJf. e
4. Principal Business Address:
S"'a/k e
Name
(K
City D 8
City
S"
State
Zip Code
City
State
Zip Code
; 5. Home Phone: . 'Business Phone: E-Mail Address: Cell Phone: Fax:
:< t/S- /1, b ~ i)~ 1/, ./t.er
6. Are you a r.egistered voter? If so~ where are you registered~ ~
7. What Board(s) are you - erested in serving? Please list in order of preference:
8. list all City Boards on which you are currendy serving or have previously served: (Please include dates)
9.
II~AlS
to. List any related professional. certifications and licenses which you hold:
11. Give yow; present, or most recent eniployer, and position:
. Se /.e .
'12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
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.
~. dJ.4. .UtIv . . .' .. -:JULV If, ;1006
;. . /. . 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
submitted It will be the applicant's responsibility to ensure that a current application is on file.
SlClTYa..I!RDBOAlWIAPrUCAnON
Mark J Fields
414 Seasage Dr. #5
Delray Beach, Fl. 33483
561-243-1645
City Clerks Office
Venice Cobb
City ofDelray Beach
100 NW First Ave.
Delray Beach, F1..33444
Dear Venice,
I am writing to express my desire for consideration for a position on the Historic
Preservation Board. Although I do not have professional experience in building or
preservation I do not feel that this should preclude me from consideration. I have been
attending the City Commison as well as the HPB meetings on a fairly regular basis and
believe I have a substinative understanding of the board's role as well and the challenges
that lie ahead. I believe that my non biased objectivity specifically afforded me (because
I am not an architec~ realtor, builder; etc.) will allow me to follow the guidelines and
directives set forth by the city with only historic preservation in mind. I have been a
resident of Delray for thirteen years and this experience and understanding of the city may
be as valuable to the board as any professional practice. In addition, I believe that I
would offer balance to a seven member board often comprised mainly of development
professionals and by not residing in a historic district I will view all five historic districts
the. same in terms of the guidelines while respecting the uniqeness of each. I thank you
for your time and consideration regarding this appointment.
Respectfully,
1fad-f ~
Mark J. Fields
DElRAY.BEACH
~
AllIllnedCaCftr
, III I!
1993
2001
ECE\\lED
CITY OF DELRAY BEACH R '1. {\ 1996
BOARD MEMBER APPLlCATlcM~ - \..\:.~\<.
. crt'l C
11/&
2.
~r:
City A
peL
City
S~L
State
1.
Name
3. Legal Residence:
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone:
Cell ~J.~.:;.lli Fax:
l. .(Q1'1 51t U 6
so, where are you registered?
,
-~
/' /
.I.
c ..-.. S;14: Il.#M '(E"u
Y serving or have previously served: (please include dates).
10. Educational qualifications:
~~4/. ~
11. list any related professional certifications and licenses which you hold:
{Az,., ~ /2Le'nl2;!if 6
12, Give your present, or most recent employer, and position:
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) .
(,
s 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.
ifiir
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION RECEIVED
AUG ~.5 2005
K
'l/qt/J ,
chire/ JJIf=fl/1? cfr.
DB.RAY BEACH
........
*****
information:
City
N
2.
3.
14.
City
State
Zip Code
Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
8.
0\....)
/U
t\.J QvL 02)
. ~'^-S'I!1fe s,
9.
10, List any rela~ prqf~ional certifications and li.'Fe ensnsees wh{ch you hold:
~.e.-\oZ.. .-vtJ" S 'i'eJt.~s I cce/J<c-e-
'@- (E~k-
above statements are true, and I agree and understand tllilt any misstatement of material facts
on moy co. fotfeiture upon my part of any appointmeot I?s; ~e.
. F5Js- CJ~
. DATE I l
!...ote: This application will remain on file in the; City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a CUttent application is on file.
. S'COYa.l!llDBOARDIAPPUCATION
-p ~ \ \ '-.(? \7rz-'. eel /V\.~
<7 (PO A-\ \4.tl1V9J'1~ ~(4~
~~ ~ 9\ t:.&'t~3
~ C91 -;;). 7(p -d-d-O 7
".
: ! ~
i::
.. .. .4 ., ...~
-I ~!'~
:::o.'^C. \". D rO
- .... " '!" .. .... , .. . . -. .. ..
J!t. 'B-A. t"'.t=N:9""IC.~ -H:<--~Co)\~} .
ill . Nv-u ~~c.!Jr. IC;? '::>
W l\th~~It, ~k<Z-/\J ~.09r f~'!~ I N.p~Ajy()~
Hi ~ l --:-~f":
-m · C\._ ..ICz(PS- ...._-.-. ." . '.'- ......
dr
..!lL
I\J Hi ~
.' ,_ .~?(L~~. . <::::-~ \ ec.f\Jce- .
);I /<1 G,~- ICZGY CLN\.o.N~~~~~oN
W ~ \A-~ ~ee \.~~'-S+ '.'
m 1C:;~~-/97')- Leu~ ~~~~~ - gkk-.
iH .
ill .. TA-'lZ ~'<91Lq.+-.. .. .... .
. . .l I<i7~~ (q; g' .1~~::Ul~~,~. 0..." =!:iolcl
'ht.lbs.sjwl-UI\J.L'h'_'~hh_- ."- .. .. .guhh. '_'~_h_U_"Uh"
.,1 --J .
n
~:I'.~'~:._o '.0.... . 00 .... . _ . O. .."'~:"'~'_'d .:::.: d_.d:.::..:::.:
.(c;t?S-('1CZt>.Al~t".n-k~~~\G~= ....
. -Q~~cdl {~R~C~?1ik~-~ .. ~
."-l,Cl-- "(\~. 1(~"'dL{J '.. ~. ... . ~~
)
""'\
~..__.- .
II
~ ~ ,
'll
~ ,i
ill
".'Iii
, I
ill
hI. .
III
I'
. tL
,n
I."
.1'
it!
. -t!!
\.!!
l2-efr\e.-s~/ a.rJ.r7l1'-f!5..f ~ ,j-Oo\Al
CO \\~"'O
DURAY BEACH
. l 0 . . 0 "
* * * * *
AI , kl.lClly
" III!
1993
2001
1.
information:
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATION\N 2 5 2007
CITY CLERK
~ ~57iJ
M.k.
Zi Code
)~
Zip Code
2,
3.
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone:
,......--.
Cell Phone: 6~ I ':" Fax:
MCLl .~ tf '7 c.: fkl ~4-3
f so, where are you registered?
r~ I'd f ()~gcA.
d in serving? Please list in order of preference:
E-Mail Address:
~ ~ \<-v...c.. ~ @.
voter?
7. Me you a register
What Board(s) are you int
(;"'-A t' u.-'-J\l2. At-t- M...J 0 )~t<:.' fr~Ju;-<.J~
:J. List all City Boards on which you are currendy serving or have previously serVed: (Please include dates
Vl~
~ <... o..J:=.-r-
c.-L..-
t Give your present, or most recent employer, and position: p ......h n C'! . -'" L.
t c..Jt R..~~ c--">"'J~ re..~t~~ . V ~M--\c... G.~5 r ~1J'oI.-VI_
{ ~f k~ ~ P( \W- ,M~~c..d-- ("" S-(rv~c.e. ~~, R-r ..-0\. ~~ }v-
13. Descnbe experiences, skiDs or knowl~ which q~ you to serve on this board: (please attach a brief re~e) ~
<Lr \J e... ~ ~ e ~ {J '2>c-~ S .fJ...U..J' <:. eA..L~
. ~ .
tir-Cu5f-hu& ~ W t~ leA
~ Se..a.~~ tJJb.-ik~ CS1d~
I hereby that all the above statements are.true; and agree and understand that any missmtement of material facts
~ ~tion may cause fotfcibne upon my port of any ~ 7 f. ;).dO 7
. lURE '
Note: 1bis 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,
DELRAY BEACH
. , .. . . II' A
*****
ANrBIcaCtly
, III I!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATI~~CE'VED
NO'J 282006
R\<.
M.IA
Zip Code
33 <f ~-
Zip Code
Please e or rint the fono information:
1. Last Name:, A
I--A \" \ A.- ..., "-J .0...
2, Home Address: ~\
. <6'& LDLV~O, _ OUt;)
3, Legal Residence:
~E
4. Principal Business Address:
~\--le.
5, Home Phone:
'9.t\ 4-9'S - q l ~?:. $(t t - ~~ \ . O~<? 3
6. Date of Birth 7. Are you a registered voter
City
Stat~
Zip Code
Business Phone:
Cell Phone:
Fax:
. 0\ 1~~:'ons:
c. (>V\c;oe.
-Av-' t) ~l 0
11, List any related professional certifications and licenses which you hold: 1. I
- I'JO~e.
, ''S\'' I c...-t- l e
13, Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
&AtVD b~Y(
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this appli . on may cause forfeiture upon my part of any appointment I may receive.
~C-/----- i 1/ J. Y I olD
DATE
Note: nus application will remain on file in the CityOerk'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.
Gregory A. LaManna
3821 Lowson Blvd.
DelIay Beach, FL 33445
gregory1amanna@yahoo.com
Cell: (561) 441-0483
Home: (561) 495-9123
Objective
To contribute knowledge and expertise to help the residents ofDeltay Beach as a member
of an Advisory Board.
Education and Qualifications
2001 - 2005 The Florida State University
Tallahassee, Florida
Bachelor of Science in Political Science and Philosophy
Major GPA: 3.6
Honors: Dean's List and Phi Gamma Delta Scholarship Recipient
Work Experience
District Aide
Florida House of Representatives (District 89)
October 2006 - Present
· Work with constituents to help resolve issues
· Attend all events with the member and in the member's absence
· Assist in forming legislation by performing research and working with
community leaders.
Campaign Manager
Len Turesky for State House District 90
June 2005 - September 2006
· Coordinates campaign's day-to-dayoperations
· Provide council to the candidate
· Oversees material released to the public
· Attends political and community functions with the candidate
Leadership Experience
· CEOlPresident of V eritas Campaign Management and Consulting
· Together Against Gangs Board Member
· Juvenile Justice Board Member for the 15th circuit
. Guardian Ad Litem for the 15th circuit
· New Member of the Delray Beach Chamber of Commerce
. Phi Gamma Delta Fraternity
DRRAY BEACH
'lOaIOA.
*****
All-AlllertcaClty
" II I!
1993
2001
CITY OF DELRAY BEACH 1/11/lJ <t
BOARD MEMBER APPLICATION\lE.O
~EGE\
~U\. , , t\\\l%
Crr~
Name L\ V Let
City1d n:(
City
.LM
Zip Code
35'114
Zip Code
Please e or rint the followin information:
1. Last Name: Ln.ndx
2. Home Address: ' L A
101 N. 'VW\(\ \0(\ Ve-f1UG
3. Legal Residence:
~ CUV\{...
4. Principal Business Address:
1>eac..h
State
F"L
State
City
State
Zip Code
5. Home Phone:
(5(01) 7105- 32.15
6. Date of Birth
E-Mail Address: Cell Phone:
LaV1dr~lef\nl~~g~. @Or) Wiq-IZSI
7. Are you a registered voter? If so, where are you re~tered?
ye-ZS CXfrCUj"Tx-CtLh(pd(wtf;)ch CcnJ~
8, What Board(s) are you interested in serving? Please list in order of preference: H {~lC j '(o. ?LrVCl.-h 0 V\
Business Phone:
Fax:
10\31 ~4
~L
I
'). List all City Boards on which you are currently serving or have previously served: (please include dates) ~ovu.
10. Edu~a~~l qu:tlifi a.tions: . 1 \ :LJ'
, ()Jelt De.. <-teL ( 6(1 -I tf1t \,-\lO1 m LC . re:
11. List any related professional certifications and licenses which you hold:
12. Give y,;our present, or most recent employer, and position:
5e1k -, LVVt ~
ents are true, and I agree and understand that any misstatement of material facts
forfeiture upon my part of any appointment I may receive.
&/,30/00
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
submitted, It will be the applicant's responsibility to ensure that a current application is on file.
d
'~
~i
;
;
;
I. ~(JJ [ \ilWJQ (ll LUJWrJn~ ~ % r(L~p'~JS au;A
r00pn0JDJJig0 in V\lcJy ~prd~Y1b-t ou1/SbfdM'liL J~'(1S[I'J"-3
~j
.:1
~
i
i
.;
CITY CLERK
,eea/-b--flJOO 2
08/03/05 WED 14:33 FAX 5812433774
OWfAV8fACH
~
~City
'''II!
. 1993
2001
CITY OF DELRAY BEACH RECE',VED
BOARD MEMBER APPLICATION AUG - L 2005
RK
tY}
N2D1e .
Of
2. .
3.
8.
.~hoo
10. List any r.elated professiO'~ cutifiodions .w~ licenses which you hold:
-cz. -.'TO fG
11. Give yow:: prcs~ 0'
Lt
Note: nus :a.pplic.atioo will r.t:aWn cn file in. tbc.City CleNs OfUa; for:a. paiod of 2 years frOID the <<hoc it ~2S
submitted- It will be the 2flplic:Ult's respeosibilit.y [0 eosuie Unt ~ cuo:c.nt appliotloo. is en 6le. .
_ _ ~~"l1~
1 . d
dSS:vO SO va ~n~
. . -,go -. - - - - - - - I
I --
RESUME FOR PEARL "BUNNY" MARKFIELD
ELROD
DIRECTOR OF RESEARCH DEPT FOR THE
NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS
REAL TOR: COLDWELL BANKER REAL ESTATE (22
YEARS)
PRESIDENT MERRITT PARK HOME OWNER'S
ASSOC6 YRS
BOARD MEMBER PROGRESSIVE RESIDENTS OF
DELRA Y AND CURRENTLY VICE-PRESIDENT.
MEMBER OF THE SWINW REDEVELOPMENT TASK
FORCE SINCE IT'S INCEPTION AND CURRENTLY A
MEMBER OF THE WEST ATLANTIC TASK FORCE.
WAS INSTRUMENTAL IN STARTING THE DELRAY
LOOP AS A PROD PROJECT.
HAVE LIVED IN DELRA Y BEACH 8 YEARS AND
HAVE ENJOYED EVERY MINUTE OF IT. I LOVE
LIVING IN A VERY OLD SECTION OF THE CITY
AMONG A VERY DIVERSIFIED GROUP OF PEOPLE-
AND-I PARTICULARLY ENJOY LIVING IN ONE OF
THE OLDEST HOUSES IN THE AREA.
,- - -
DELRA Y IS DEVELOPING AS A WIDESPREAD
EXAMPLE OF HEAL THY URBAN GROWTH AND I
AM HAPPY TO BE HERE TO ENJOY IT!
! .
r "'I_II"' . 1.'''.1 11 1';1 I_I':.' Ve.::> 1 '::II I 11 .1_-.
r nlJI iC t II_I. . __}Ci.L ::'::':::'TU I':"::'
HI.t';:I.. u.... ,::"lJl~I.":') &~r,j. -.,)~r-n r....)
0!l/OV05 !HU 15: 17 FAX 561HJJ774
[)fI.JlAY 8fAOi
~
'mr
CITY CLERK
III 002
'~-K/ICr ~jN
- 1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION RECeIVED
AUG -,5 2005
g- FO)
Please 01: riot the foUo
1. last Namt= /1// le;-
2.,_ H7otd~ -Oee;}/) 'C// v( _ .
3. Legal Residence:
~ .s J I>]e-
4.- Prin,.:;.......I.Busi,qess Adckes!<-=--:::;:',---
-'1111 /}?'"t .!Je'. S 1.9 /) -.J4' "---. _ /
0<.. -; 93 % LJ 5:;cchfJ1;J/) i!f/(/ c .
5. Home Ph()nc: . Business Pho.ae: E-Mail Address: Cen Phoue:: Fax; _5't /
/(/27-2.. -P.W 'l13,51 ~ 33.<.z a/e~d'~o/) 6 ~ 'j1J//Je,T- /1':5 .39/.33.2..,2-
6: Ax.c you... registered v-otet:? c eJ If so, wha:e Me you .tegis(a:ed;, ',,J~ . _ P Q
. , /,p-t2CII7GT /0/
7. Whu Board(s) a.re: you int~es[ed in sc~g? Pl<=$c W;t. in ordec o~ pc-e~ce; /jiOli C2 /geJc~-
in.fonaation:
Name 1- :;1/0
Ci~/id / ore? C;;.J
C-
Ity SJ/rj-<"'-
gbCr! /(7100
R
8. list aD City Bouds on which you 1U:C a.u:rendy $crviag or have preriously se.rvol: (Pl~ .include ~t.es)
S.l;7/er~~~
I h~eby ~ that alllb.e ~OVl!. Sl2te.m.ents :u:e ttue. ~d I agree and undecsbnd tb.:a.t lInY mlsstatcmeAt of material facm
CDQ.~) this ~pli - 0 may cause fOt:f6tw:e upon m.y p~ of any :appo~tmc:nt: I m:r .co::etvc.. /
.<~(~)l.- ..;1.. -. ' . J;/~/Sl .
GNATURE , DATE / .
/
loc:e: This applicarion -will ~CmSUn 00. file ia. die ~ Oed::'s Of6.cc for a period of2 y= from t:he <U.l:e ic ~
sl1hmitted- It will.be the appIie::mcs ~oosibility to eosuie: that 2._ cw:r.ent applicLtion is 00. Die.. .
~~N
DARING
BY
DES I G N, INC.
DALE MILLER A.S.I,D.
PRESIDENT
CREDENTIALS
'.
State of Florida License to Practice Interior Design ID 2413
Vice President: ASID FSC(American Society of Interior Designers) 1996-7
1:30ard of Directors: ASID FSC(American Society of Interior Designers)
Board of Directors: IDAF (Interior Design Association Foundation) 1995-2001
PUBLISHED
South Florida Business Journal Nursing Home Magazine
Boca Raton Magazine Interior Design Magazine
Florida Design Magazine Palm Beach Post -
Sun Sentinel Orlando Sentinel
Los Angeles Times
AWARDS AND AFFILIATIONS
AWARD: -ASIO Design Excellence Award 2000
AWARD: Woman of Distinction: 1996 Soroptimists International
......""
AWARD: Junior t.eague Designer Showhouse
AWARD: Hospice/A.S.I,O. Designer Showhouse
Board of Directors- Children's Miracle Network
Immediate Past President: Professionals for the Haven
President: . Professionals for Children's Charities
Vice-President - BUGS Boca Raton Museum of Art
EDUCATION
Fashion Institute of Technology
NelDQ CERTIFIED: Building and Barrier Free
6971 N. FEDERAL HIGHWAY
SUITE 400
BOCA RATON. FL 33487
561-999-0727
FAX 561-999-0729
LICEISED BY STATE OF FLORIDA IITERIOR DESICI IIBtD213
FRON :Bet.sy .' 1-1ike Owen FA:": 110. :561-276-4717
.. .. "lJJJ l"I,'J:J l'.'li JUU;J.'.Ji It LITY {otERK
Ju 1 . 13 2006 02: 2':HI Pl
lit ()02
,
1t93
2001
RECE\VEO
JUl , 3 2006
CITY OF DELRAY BEACH v...
BOARD MEMBER APPLICATIONC\1'l CLE.?\
Please t}1'e or prinT the foUo'ol.-ing informacion:
I ---~
1, Name: I NEue .
W ts N ._1. F {( A~(,-f;S I, Be
2, .Home 1\ddr~"~ I' Gcy
. 0 ..g. Oc...l:E AN .BLvD l.{ E ~/"'M'( BE.
3. Legal RC:5Jdo:nce; 0cy
. .3 A1'YlE.
rPrlndpaJ !Iusin<-., .Ydr=o Ci<y s_
L- Sf}W\ E ._ I
I '- Ho= Phon" "".;co" Ph_ . ~ Add",,, Cd! Phc,,", F~,
I ~_t__~11r4'11 .; 1-~51'35~2 OWe{l@ool.cbm 5f1-..(5J~3Sl'
HU. Da.ce ofBlrrll (. ~ )'.I~ ~ It:g,~.Gt:,l ."le1.1 1C !~. .....11:.::. A~e ye'l1 ~giocCfcd;
9. ;t t<,) ~ ,1 ~1::: "' ";';"'" p,- .,;;;, 0'." of p,dc=~"
t::T2R.cC+1 ~~~.
I 9. ~(all Cit:j B01ltds on ~Ch you ilC mIT('atly )~rvi.[lg 01: have pIel/iowly ;avcd: (please ind1.1de dntes)
r- ~"L>Cf}'n ON - ""-]2 ~'7 aJ'-& ~~ ..._~--.:--=-~
.. 0, ~ caciQnJl} q....Uific:BUOO&'
-e-D1Qg.~L ON \ye.R.s r-rY ml,2.~~J'lI1NVI N6 .E,nVCAT'ON
Zip Code
717
I
11. List. 211Y rdated pJ>)fcssional ccni.fiQO;;S .;m !.i<:ensc3 'Which )'()~old.:
~fH-roy~(.. etR.TI E.lC~ ~;NCE t5(Jg3
I REAL fuI A';TE. k I C L'aJ ~ l2. -S./N c.. E... ..1 q 8 3
~ 1:2. Give YOUt pre~nt. or tno~t recent employ..:r, and posicion~
pg c.. S.6 - t= l'lGLI.\H \ fC1X-~EIZ.-
CoL-'DW'tL\.. B~~€.{L. - 12..~A_k TOt<.
13. Describe expen=. 3kill5 vI k:ncwledge which qUlllify you (0 serve Qn 1;ru.6 !;loud. (plcaoo a.nacb II. brief lcsurne)
lS:.~_~~s..S A-'~ ti<PG(Zt~<:'E ______
1 hoereby <:erdfy d~::I.t ;UI die ?bovc st.'lIcemenX$ ;;ono trUe::, ~;"d I :l81"cc and U~ldC:T$Cl.f1d dlal dL!.y nllsst&rCII:<;Ilt of nl..~ial (acu
i CO~t~e . in d\is aprl~Q~OXfciCI.J.LC 'upc..'l my put of M1J Zof>po;ncmeot: 1 may r.x;eive,. ~ /.p
r:J1= H_ ~.
Noce: This application '\Yill :rell1ain un 61.: u: th~ City Oeu.'s Offi.ce for a period of 2 years from me datr it 'l.v-a.a
submittl!:d. It ,,"'ill b~. th.e :ilpplic.-<rH'S: ct'.spoT,.sitility ro C::I5l.ll:e rh-ar a CUItt:llr applicaCon i:} on f1.l~_
M
'~lIt
1993
2001
p.E.cE.\\I1::0
CITY OF DI!LIlA Y BI!ACHJU\. \-1 1\\\\\i ,
BOARD MEMBER APPLlCA~R'lI C\'.'C..'?-'(...
~~-()'l
information:
"
I,
City
1,
2.
3-
City
'3 N. &. 1st sr.
Gty
.~
Stare
4. Principal Business Address:
PL
6.
Business Phone:
? ~5'1'1
Are you a registered voter?
Cell Phone:
Pax:
5, Home Phone~
<6' 10 - (p).
(5
8. Whst Board(,) I.J:t: you mtcoTClIted in serving? P)C8~e Iisr in order of preference:
9.
FSo
11. List any related professional certificacions and licenses which you hold:
1>eAv~
("
n this board: (pbsc ~tt2ch a brief resume)
I
I hereby certify chat ill the above a13 ents are true, aod I :lIgxee and understand that :any misstatanent of material f~ctll
err'" ;" dR, 'Pp~ foncU= upon my pu, of ~y oppoin"""'< I "..y =ei<<_
n~. 1-~-Ofo
SIGNATURE DATE
Nore: This application wiD .remain on 6le in the City Clerlt's Office foe a period of 2 years from the date it W2S
submitted_ It wiD be the applicant's responsibility to ensure that II current application is on file.
-,-. ,....'...... I
DB.RAY BEACH
. , 0 . . 0 "
*****
AI J&saiGaCity
, III J!
1993
2001
RECE\VED
CITY OF DELRAY BEACH . ,2 2006
BOARD MEMBER APPLICATldi ,. Ef\K
CiTY CL '
'l-/Z~t')g
M.L
Name
So. Wl \.J~\
City
O-e.\ V"4
City
-
Please e or tint the folIo' information:
1. Last Name:
R S""'c..~
2 Home Address:
2.. $ '3 t; ~ w \ ~7.' .r:; -r(-t..~-t
3. Legal Residence:
~ a e,
4. Principal Business Address:
State
t=L..
State
"--
Zip Code
~'S"
Zip Code
5Gt...............
City
State
Zip Code
~ .d.v'....J.
5. Home Phone:
5'(.,\ .~~o- 8 .\.1t2
6, Date of Birth
-
-
Business Phone:
E-Mail Address:
Cell Phone:
$bt -25" - "0::, -
<<..oJ t!>I,.(IsOol .Ie..
If so. where are you registered?
4-
~G .".v\ l -Z <1
Fax:
L\.JQ\t.oL 'Z t>~ 5
7. Are you a registered voter?
l2.\'Z ~ 1'2.0
e~ Del", ~,
8. What Board(s) are you interested in serving? Please list in order of preference:
\ n'^4::. ~o(-scV\Jcd,f1t &J ~ e~ "'c.~!::t:L )J4~
10. Educational qualifications:
6 kk-d6'l ~ .::::::-~~\ ~ ~ ,,,,-
12. Give your present, or most recent-employer. and position:
'(.tt~ ., "
\4 Ut -S../z,.., '\?;:.u.. t Lol\~.,.f...?t.f- ~C
~+4A. .
I hereby certify that all the above statements are troe, 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/L-z(0.6
DAlE .
Note: This application will remain on file in the City Oerk's Office for a period of 2 yeatS from the date it was
Samuel Resnick
2835 SW 13th Street
Dekay 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 Administration 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
Architectuml Review Board.
c) Certified as Chief Building Official by State of Connecticut in 1979.
~
3. arganiYJitions
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 as Architect-Engineer.
e) From 1939 to 1957- (~xceptfortwo years in U.S. Navy and three years
in enginering school) worked for various architectural and enginee~firms.
.. :rn:k~?~I=~;C~~~oau
..... .... ,", ", ....
::~~~'.?lf.~:95 .' .
f:eQ.'O:$~l~all.t, wer&Cl.$follows: . ',.h.
..t;!';~~'I~~ttit~~~:;.:~~~~~~~g~~~;t~%m:.
. .- .." .- .' . .
..f~',:;;>::f:!~I!~1~1&::1::r:;~~::t~Z::.....
. . ....
. . . ; ,"'. . . .~.". "'..:
." .:. .; :," -
." ....
,........ '''''~ ..11.>:'.[.:
'E~"::::::;:J. ..::;:,:..:;~~:~, :: (~::~
\."" ~. ...." ~. oJ" ..... '. . ..... .~". .....
.f1iA~~~~...1i>ii>ti$$.!O
.:..:.....:...~:..... ':;':.:": .. .,";. . ." . .. .... .'",'
'. . '."
',,';"':"
", ," ","
. :"~'. . '. - .-
. .~. ... .-..
. . "." ."'
." - . ..". .qi
'. : '.~~ ," ....:-::.
.."." , "0.1 .
. . . ..p~i~tee' a~X!ti~:~~~.s~T~~:~~i~ct66~Sl~#~t:fci~~a03.aS1.rio~; :.. ....i.
........""'---.. .~. ." .. .~
OIU04/0:l TULI UB: Z.1 ....\.A. 5111Z4JJ774
(.;1"111: CLt;J<ll
l4IUOl
P~'='!'^.~
bad
1ifr
1993
2001
<?\ ylos
CITY OF DELRAY BEACH ~If €lYJplt:lfE?d
CE\\lEO
BOARD MEMBER APPLICATIO~E.
. ~UG -.Il 2.\lt}S
1'" C \... E. f\\(
Plcut. type o.c pUnt the foUowia:ut infOn:n:ltioo; C\
1. LastN2me; S . NtuDC ~-eff~--r M.L
\t..-.e> ~.."e~~~ ~ .
2- HRa;; Address: . City T State ;zip Code
\ -e.l or-- 0 ""-- C ~__ \-)0..'-1 ~OC~ ~t:::l.."'t()N '1=L .' ~~~ ec
3. Legal Residence: , \ City $mte Zip Code
;
. -
4. P.rincip:alBusio.ess Address: City State Zit> Code
'524- Ne. 2-~ ~\c...~ ~~ ~~ ,"FL. ~~4 8-::
5. Home 'Phone::: 'BU$iness Phone: ErM:ill Address: Cdl Phon.e: FQ%; _
C)~, ~<j~ 414, %1 Z-7b. ,~1> 5s~c...~~'\j ~ sG,-'Z 7'. ~S"'''r
e.~Cl..ft"+-l. JV~1 .
6. he you a J:egUtered voter? tG-S If 30, ~ are yoU registered? ~ p~
-
7. Wlw: B9Ud(s) 2.Cc you iotaest~d in serving? Pleue ~t in ord<:c of pref~e.ncc:
+-t~ ~ .
8. wr all City Bouds on ~<:hyou uc cua:cnd.y secv.iDg oc bavepreriously .~c:d: (ple23c include ~cc:s)
~rt~
. Bducacio~ qo.aliJic:a.tioas; ~ _ ~~~
. R: ~\. (.~c..-:-:r-~1:--
.
lo-lit ~y rclatod. prof~onal. urf'ii;r!lOona an~ licenses which you hold:
.::t. A \C-~}....J~~O IN ~~O\s. o."-N::> ~~I.60~
.
11. Give fOW; P(c.$ca.c,. or most recel:lt: cniploYel, 2nd p~sitio~
~SL-~ .
.
. 12 Dcscrib~ apcrienc.cs. sblIs oc knowledge whiCh. ~ you to ~etTe OD dWa houd:: (pl_e attach. a bdef cesume)
A~L'\lC-C\ -T \j \I:::- t::. . ~p.,\~ OJ -\-\.. '? & ~OA.~
Ih tifr that aU me shove $tatonen.b .ce auc, ~cl r ~ SAd undcnand tb.r UIY IlUs$CLet:ment of nu.rai:al bets
I 1& - . 1& ! !icuioa.'may cause focfc:inu:c: upQQ. m.y part of ~1 appoio.tm.en.r I rosy recd:ve..
COQ.r
II I, 'J ~ -;;
...j .'. . 4--. 0 c;-
SIGN uVv .~re
No~"" "bis Iie:uioa will. L~ oo.lile in the.a aa:le~ Office fOr 2- aiod of 2 c:an from. the date it ~
~p 0/ P Y
subrn;H-~ It: wiIl.be the applicant:' S Les.pon3ibilicy ro c:Dsutc' d:u.t: 1. ~ent application. is on file...
~~UCA.~
..
JEFFREY SILBERSDIN, A.I.A., ItA.
EDUCATION:
Clark University. Worccster, Ma. Libcral Arts Major
Boston CoUege, Boston, Ma. Eoonomics major, one year
Pratt Institute, Brooldyu, New York. Architectural Degree. American Institute Of
Ardiliects Medal for Excellence in ArchitectUral Education
Harvard University Graduate School ofDesip. Jtm.e .1989
Harvard University Graduate School of Design, Jllly, 1996
CERTIFICA nON:
Registered Architect: Florida and Illinois
JeftTey Silberstein Archite(,."( &: Assoc" Inc,was founoed in 1990: We are a SlllBll finn
with a reputation for innovative design and delivering projectS within budget and on
schedule. This is evident as we c=ontinue to work with repeal clients and referrals
generated by OUT reputation. Our success evolves as we assist clients in defining project
goals well before suggesting solutions. a. process that creates a fuU understanding of
objectives before transformation into reality.
Jeffrey Silberstein, A.IA, R.A., has over 21 years experience in the field of ~hitecturaJ
design, urban design, interior design and residential end commercial development,
Sil~tein Architects. Inc. was founded in 1990 andis located in Defray Beach. Florida.
He has been associated with many bllilding types.. including educational facilities. office
buildings, interior office and residentirsl RftOvatioDS, museutns, art galleries. religious
facilities, residences, mixed - use oevelopments and comme~ial projects,
Tn 1998 Jet'frey SUberstein was presented The Award of Honor for Design by The
American Institute of Architects (A.I.A.). He was rec:ognized for ""the high quality and
originality of his work over an extended. period of time" . In addition to this special honor
be has garnered many A.I.A awards for varied projects, His work has been featured in
The Miami Herald. The Sun - SentineL The Palm Beach Post, Florida Architect, Interior
Design, The Boca Raton News, Architectural Record 8Jld other international publications,
Mr. Silbemei" has served as, a guest writer (OT the Hartford Architectural ConservElllC)!
end The Palm Beach Post., a critic member oftbe Worb of Art Committee of the Boca
Raton Muscwn of Art. a member of Junior Achievement and a member of The Grace
CommiSlSiun on 1.be Boca RAton Comnnmity Redevelopment Agency Task Force.
Mr. Silbtnteinresides with his wife Rosemary and two daughters. Angelica ftlld Sarah in
Boca Raton, Florida,
7/7 =l!)"'r1
~W~/n:nl ~n-R7-l~W
!LOC
~~I~=lIT~~~~ ~T~IQ~~~'Tq :lR I~~
ORRAY BEACH
"0.....
*****
information:
cE.\\JE.O
CITY OF DELRAY BEACH f\.E "i '/.1l61
BOARD MEMBER APPLlCATIOtifl\ , - \..'f.",?-v..
crT'! c
~/lr-)J
MIA.
Zip Code
2-
Zip Code
All-AmertcaCity
'IUI!
1993
2001
1.
Name
2. Home Address:
5
3. Legal Residence:
4. Principal Business Address:
City
State
Zip Code
co
What Board(s) are you interested in serving? Please list in order of preference:
\
9. List all City Boards on which you are currendy serving or have previously served: (please include dates)
10. Educational qualifications:
of,
.
t, or most recent employer, and position:
.... -'"/
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief reswne)
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
ntaine' , lication may cause forfeiture upon my part of any appointment I may receive.
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
I I
. 38 N SV~lNTO~J AVE~~~'E ~~L~t.y 5 EA~ H F _ORIJA 3.3444 ~ ~:~~~ ~~
~ H (', r:- 56< "~, ~:: < ' F' X ~ 6' "~n c 5' 3 ' - "'i.":i-;;;..,.7f
~A2v6G-00590 ~~" ':Jv f\:> -..I,)" ~ , '.~ '-~if&~~;:~
RESUME
Keith A. Snider
138 N, Swinton Avenue
OeIray Beach, Florida 33444
561-330-9511
kasnider@sd-arc.com
REGISTRATION
Ucensed Architect - State of Rorida AR91413
Ucensed Office of Architecture - State of Florida AA26000590
EXPERIENC E
S+D Architecture, Inc, January 2003 - Present
President - Architect
Delray Beach, Florida
. Design: Townhouse, Mixed Use Commercial, and Residential Projects
· Management and responsibilities of day to day operations
. Awards: Delray Beach - For Excellence in Design in the Category of Exterior Renovation
Seawood Builders, Inc,
Staff Architect
Deerfield Beach, Rorida
· Development, Zoning Analysis and Due Diligence
. Code Interpretation and Construction Analysis
. Design: Commercial and Land development projects
September 1998 - October 2003
Esquisse Architects, Inc.
Project Architect -Intern
Boca Raton, Rorida
. Retail design
October 1996 - September 1998
Davies Architects
Project Architect - Intern
Tulsa, Oklahoma
· Retail and Hospital design
October 1991 - July 1994
EDUCATION
1996 - Masters Degree - History and Theory of Architecture
Architectural Association School of Architecture
london, UK
1992 - Van Alen Fellowship - Paris, France
Van Alen Institute (Fonnally known as National Institute of Architectural Education)
1991 - Bachelors of Architecture
Oklahoma State University
Stillwater, Oklahoma
WWW SO-ARC CO~i
MEMORANDUM
TO:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t1/V1
AGENDA ITEM #L1, L- REGULAR MEETING OF FEBRUARY 20. 2007
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL
FROM:
DATE:
FEBRUARY 16,2007
Mr, John Spaulding (Zone 6) was removed from the Neighborhood Advisory Council due to
missing three (3) consecutive meetings. This creates a vacancy for a regular member to serve an
unexpired term ending October 31, 2008.
The Neighborhood Advisory Council 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 following individuals have submitted applications and would like to be considered for
appointment.
See Exhibit "A" attached:
Based on the rotation system, the appointment will be made by Commissioner Ellis (Seat #1) for one
(1) regular member from Zone 6 to serve an unexpired term ending October 31, 2008.
Recommend appointment of one (1) regular member to the Neighborhood Advisory Council to serve
an unexpired term ending October 31, 2008.
NEIGHBORHOOD ADVISORY COUNCIL
02/07
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 Lampd Home: 276-9292
Unexpired Appl 06/21/05 2745 N. Clearbrook Circle Work: 832-4271
Delray Beach, FL 33445 Fax: 832-3555
10/31/07 Zone 3 Uncia Leib Home: 498-5256
Unexp Appt 10/17/06 4045 Live Oak Blvd Cell: 772-342-4404
Delrav Beach, FL 33445
10/31/07 Zone 4 Cory (Caroline) Cassidy Home: 278-0150
Appl 11/04/03 424 Palm Trail Work: 266-6760
Re2ppt 12/14/04 Delrav Beach, FL 33483 Fax: 265-0616
10/31/08 Zone 5 L'Tanya Allen Home: 699-1957
Appt 10/25/05 1014 Mango Drive Work: 688-4394
Delrav Beach, FL 33444 Fax: 688-3559
10/31/08 Zone 6 Home:
Unexp Appl Cell:
Vacant Fax:
10/31/08 Zone 1 Arthur Brown, Chair Home: 496-0264
Appt Unexp 01/13/04 4255 Northwest 10th Street Work: 862-2361
Re2ppt 11/15/05 Delrav Beach, FL 33445 Fax:
10/31/08 Zone 2 Bonnie Raycroft Home: 499-6798
Appl 11/15/05 213 Sherwood Forest Drive Cell: 445-6793
Delrav Beach, FL 33445 Fax: 499-6798
10/31/09 Zone 3 Shirl Fidds Home: 638-1261
Appt 10/17/06 2758 Hampton Circle West Cell: 542-6150
Dekav Beach, FL 33445 Fax: 638-1263
10/31/09 Zone 4 Claudia Flores Home: 274-3400
Appt 10/17/06 19 NW 17th Street Work: 243-6761
Dekav Beach, FL 33444 Cell: 702-2919
10/31/09 Zone 5 Matthew Hartley Home: 243-4808
Appt 10/17/06 2522 Ella Street
Delrav Beach, FL 33444
10/31/09 Zone 6 Joseph Kamarata, Vice Chair Home: 243-2834
Appt 10/17/06 764 Avocet Road Work: 454-5838
Dekay Beach, FL 33444 Fax: 243-2834
Cell: 662-7186
10/31/07 At Large Pamela Williams Home: 274-9095
Unexp Appl 03/21/06 Representative 245 NW 8th Avenue Fax:
Delrav 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
Re2ppt 10/25/05 Dekay Beach, FL 33483 Fax: 274-3201
10/31/09 At Large Charles Stravino Home: 495-5375
Appt 11/04/03 Representative 3631 Lawson Boulevard Work: 243-7412
Reappt 10/17/06 Delrav Beach, FL 33445 Fax: 243-7461
10/31/08 Home:
Work:
Student Vacant Cell:
10/31/07 Home:
Work:
Vacant Vacant Fax:
S/Cily Clerk/Board 07/Neighborhood Advisory Council
NEIGHBORHOOD ADVISORY COUNCIL
EXHIBIT "A"
Zone 6
Applicant
Gerald Franciosa
Linda Prior
James Smith
Subdivision
Tropic Isles
Lavers
Banyan House
DELRAYBEACH
...0.....
"*****
-r/~IC ~.s
Z"w ~ ~.
E.CE\\IED
. . R
CITY OF DELRA Y BEACH 2 Q 1\\\\0
BOARD MEMBER APPLICATldW~ E~"
. crt'l C~ ,
information: ~ Cl
Name
AI J81lldCaatr
'1 II~!
1993
2001
2.
..!it:
S!='L
State
1.
3, Legal Residence:
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone:
E-Mail Address:
~
Cell ~J.~ .J;
( .Go,..,
f so, where are you registered?
Fax:
,
I'~
/
10, Educational qualifications:
~~47 t
11, List any related professional certifications ahd licenses which you hold:
{~~ .~~ Z'l
12. Give your present, or most recent employer, and position:
13, Describe experiences, skills or knowledge which qualify you to serve on this board: (pI~e attach a brief resume)
(-
s 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.
~ i'~, Lt",f. ):2.. (.M FEOM: Lir,.:ia rri.:.r
TO: 2~;-~774 YAGE: 002 OF ~~2
Application.jpg (11 03x1460x16M jpeg)
Jovt',t;j
~/~/()r
~Ne,&
. ... ... .
.... ... .
..'~'>
· ......~1..': :I"I'~J' ..,'......
. .. .. .. .
. . .. -. . ..
...........'... ..... .. .... ....
. .......
. . .. . ..
.. ... .. . no
.. - .. . '.
. . .. . . .. .
. .. . . .-..
. . . .. . .
. .' . . . . . . .
. .. . .
. ... ..$.
.. .. ..
.. -.
l;'~ ..
1l){)'J
. . .. .... ..
. ...... .........
.. . . . .
. . . . . . . . . . . , . .
. ...... ".......
.' , .. ....
.. ... ..-.-..... ..
. . ... . ..
.B.>oeA~~t()M>~.M~~LE.RAR..i..!!rl::.~':~:^...:..,....:..:.:::.'
.. "'RD: . E .8.. ':Ar:r~WiR:I'luN""
. .', ... . ..... . ..... .:... . .... . ...... . .'. .. ... . ,.-..... .'.. ................ ,.. .... .... .... ...
".- -, .-. . ',..
.t
5}j' Ph'.f" "'~'~EM.il'1f.: .... 'I~'"'"' ............1' fP1'.
..\t~~ff~~.~i::~~~~~!!W:L2:............=
J.)J'!'.' ."::.;~~_t!,_~ __fJ/lili~~f$..l.;~.__lb~~ -e~~~ jf~ p~;~.~1.\;tt3f-~j
.f:_:!i~7~1~,...~.~._"'~<~~'W~~~F~~_- . '~I
., 9, tJ,d~tiOn:.iq~lW:<<tio.r.u;" . . .
I . .
I' :o~---~-n:-::-.._.~--- ~iJ ~: ~---:-~'-"._---'-. .
1 10. J.i" ~~G...;;;:..~.;.,\;,.': on<l~~..;w. roo b.fd, . . . · ... ~, ... .... ..... "im
. V~- ....~
12, Del1(;,(ll;-c c~pelienCt,,",; ~ill$ ,:)1' kAOwJt>.'iA1l'! ~.m:1H[UlIi](r yo-u ttl sen'C ~m tl:jisb~ (l?~~~~~~i:ief.":t:t:'.!lI.ltJ.~} .... ". '.:
. ...--..~__.......~t'l
... :[l.~t!:$,~~~~-~_.......~--_._-,.
..~~.
. . . . . . . .. .
. .
....... .. .. .....
. .. .. . . .. .
..... . .. . ..... ..:....-:.:-:... ..... ..
..~~.~~~~~.>J~.f
1im~a;?~ .... ..... ... "'~'Z .
i'-A'ro~~~'~. ". '.. .. .. . DA",'-t>6 '. .... . .
'. Note: lj;ii;Q;ph;:;ti;;:;Ul t~ 00 tJi~ tn tht:' City Clerk'", Ofj:f;;e tor II ~.ri~t2Ye1t.~ &00, th~ d'.udt W;k~ .
.. ..$tt.hrhltted. .~t,vin~th~ ~pli~f~.r\$p.~l$lpjhtj ~ (..nf;~ tha: ~currenti~~'(~V~~L~~I(~~.
~ ~. ~I"I"€- :,:i.f,. {"M FEr-oM: Lir,,-J:. {O[i.:-.r TO: ~-J?t-~774 I'AGE: (u)2 OF .-;(,~
Linda A. Prior
2455 Lindell Blvd. #3510
Delray Beach, FL 33444
Home: 561-330-0245
Cell: 561-702-0245
Linda _ Prior@hotmailcom
Work Experience:
IBM in Westchester County, NY - 20 years
Software Engineer
Telecollununications & Data
Quality and Process Management
Skills:
Organizational
Management
Attention to Detail
Conullunication
Background:
Homeo\\ner in Westchester Countv NY for 30 years
~ .'
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 orgaruzation
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 cOl1ununity interaction
Maintain security 'within the cOllUllUnity.
~. ~-, 'L,..,.f. :):,-.f. t-M FROM: Lir,d:\ I.ri.~.[ TO: 2'''':~-~77.:l I.AGE: '~'I~'~ OF ('('4
)'
I see myself as:
A volunteer willing to serve the Delray conununity.
I see myself as:
A representative member of the conununity \villing to donate my time to
the functioning of the conununity.
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 tlte superpowers to tackle
everyone's concerns and to satisfY everyone at the same time.
I see myself as:
An individual responsible member of the community, just like you all
are, who is willing to put my enart into maintaining the City ofDelray as
a place where I want to live.
I see myself as:
An indi\.idual 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 found the
challenge fulfilling.
DelmyBeach
Itzad
ANm8IIcIarJ CITY OF DELRA Y BEACH
, t III. BOARD MEMBER APPLlCA liON
19~~
2:llIn
fia-ayClr; #lSe
(frJN~
~()~ ~
Please type or print the following information: :3/3//17' .
1. Last Name: Name M.I.
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 Business Address: City State Zip Code
N.A.
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
1(561) 330-6798 N.A. jamesejimchar@aol.com N.A. 1(561) 330-6798
6. Are YOU a registered voter? Yes If so, where are you registered? 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)
PedlBlke 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:
11. Give your presen~ or most recent employer, and position:
Retired - Formerly VP of Finance I CFO I Controller
Unen 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.
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.
~rrf ~. .~ ~ qeCEIVED
- March 30. 2005
I 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 mr. .Y. - .... L E R K
submitted. It will be the applicant's responsibility to ensure that a current application is on file. V I l,;
, Delra~ Beach
Itza:d
;qw
199'3
2IOIn
ATTACHMENT: SMITH, JAMES E.
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
8. List all City Boards on which you are currently serving or have previously served: (Continued.)
As Chair of the PedlBike 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 PedlBike 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.
~ While 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 commitnlent
from the City to sponsor the event in future years.
~ Discovered an available $1 00;000 grant and let the City know how to secure it.
~Convlnced 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".
~Encouragedthe City to acquire the Carver Squ,are "sinking homes" property.
~ Promoted and organized a "Beach Clean-Up" in November 2004.
~ Founded SAFE ~afety As fOOT gnvislons) and campaigned for a complete sidewalk on the west
side of A1A from Linton Blvd to Bush Blvd and for bicycle laneS.
~ Persuaded the City Manager to assign the duties of a PedlBike Coordinator to a City staffer and
to nominate the staffer to the Palm Beach MPO Ped/Bike Committee.
Oth~r 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 PowerPoint.
0/\
M
.
. "
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
FROM:
DATE:
February 16,2007
SUBJECT:
Agenda Item, City Commission Meeting February 20, 2007
Request Saint Paul's Episcopal Church
Tallahassee Boy's Choir Concert
Action:
Commission is requested to agree to be a presenter for the Tallahassee Boy's Choir, who
will be performing at Saint Paul's Episcopal Church at 4:00 p.m. on February 25,2007,
to assist in marketing and promoting their concert and to consider a monetary donation
to help with the costs of the concert.
Backf!round:
At your workshop last week, Commission requested that I contact Reverend Stokes to
get information on this concert and determine what assistance he was seeking from the
City. In addition to agreeing to be a presenter, Reverend Stokes was requesting
assistance in promoting the event and consideration of a cash contribution to help with
their cost.
Staff has issued a press release on the concert and has posted this event on our website.
In addition, the Downtown Marketing Cooperative is going to be distributing 250 flyers
for Reverend Stokes and they have put the concert on their web site also. Attached is a
press release sent out by Saint Paul's Episcopal Church along with a copy of the concert
budget.
If Commission wants to consider a small monetary contribution, funding in the amount
of $17,500.00 is available in the Miscellaneous Grant Contingency account.
Recommendation:
Staff recommends approval of the City becoming a presenter of the concert, assisting in
marketing and promoting this concert and consideration of a cash contribution of no
more than $2,500.00.
RAB/db
Attachment
U:\wwdata\Agenda\Agenda Item re St Paul's Episcopal Church Tallahassee Boys Choir Concert. doc
o,.M
*** PRESS RELEASE *** PRESS RELEASE *** PRESS RELEASE ***
Music at St. Paul's, St. Matthew's Episcopal Church and the City of Del ray Beach Join Together to
Celebrate Black History Month with a Special Musical Event
WORLD RENOWNED TALLAHASSEE BOY'S CHOIR IN CONCERT
on Sunday, February 25 at 4:00 p.m. in St. Paul's Episcopal Church, Delray Beach
To celebrate Black History month, the Boys' Choir of Tallahassee under the direction of Dr. Earle Lee, Jr.
will be offering a program at St. PauPs Episcopal Church on Sunday, February 25,2007 at 4:00 PM, This concert
is jointly sponsored by Music at St. Paul's - An Outreach Ministry of St. Paul's Episcopal Church, St. Matthew's
Episcopal Church and the City of Dewy Beach. The February 25th program offered by the choir will feature
spirituals, gospel music and shows tunes,
Under founding Director, Dr. Earle Lee, Jr" the Boy's Choir of Tallahassee has become internationally
known, They have appeared on The Oprah Winfrey Show, toured the African continent and will be touring China
this coming July. The Boys' Choir of Tallahassee was begun as a project of the School of Social Work of Florida
State University, It is a community based outreach program for at-risk males, ages eight to eighteen, enrolled in
schools throughout the Tallahassee area. The Choir's mission is to foster academic excellence, build character and
self esteem, develop interpersonal skills, and help young men realize their fullest potential while acquiring life
skills. The Choir is unique because of its "No Excuses" motto, which defines its blueprint for the twenty-fU'st
centwy, and its extraordinary musical repertoire. Under the direction of Dr, Earl Lee, Jr., the Choir is experiencing
tremendous success in musical performance and academic achievement. From the Kennedy Center's Millennium
Stage to St. Peter's Basilica, these young men maintain rising grade point averages and continuous enrollment in
local colleges and universities.
Fr. William "Chip" Stokes, Rector ofSt. Paul's, who organized the concert stated, "It is important that
Black History Month be understood as a celebration for all people. I believe this event represents an exciting
opportunity for the entire community to join in the celebration of Black History Month. 1 am confident it is a
cultural offering that can help to build bridges and to advance the kind of racial reconciliation for which 1 hope all
in our City long." Mayor Jeff Perlman, who attended Florida Leaders' Academy in Tallahassee with Dr. Earle Lee
says "I am very excited about this event and the City's participation in it. I think it will be great for our
community." The Reverend Marcia Beam, Priest-in-Charge ofSt. Matthew's Episcopal Church adds, "Supporting
young people in their endeavors is of the utmost importance to us as a congregation. St. Matthew's therefore
considers it a privilege to join St. Paul's and the City ofDelray Beach in welcoming The Tallahassee Boy's Choir
to our community."
St. Paul's Episcopal Churcl1. a predominately white church, and St. Matthew's Episcopal Church, a
predominately black church, both with historic ties in the community from the early 1900s, have shown leadership
in Delray Beach in the area of race relations. In 1999 and 2000 the two churches sponsored the frrst St. Matthews'
and St. Paul's Community Dialogues on Anti-Racism. Facilitators were the Reverend Thomas Shepherd, who was
Rector of St, Matthew's at the time and the Reverend William Stokes, who has been Rector of St. Paul's for eight
years and who currently serves on the Anti-Racism Commission of the Episcopal Church and of the Episcopal
Diocese of Southeast Florida, Participants in the Community Dialogue included then mayor of Delray Beach, Jay
Alperin, Palm Beach County Commissioner Mary McCarty, Civic Leaders Rosalyn Murray, Chuck Ridley, Current
City Commissioner Brenda Montague and others, The current clergy and laity of the two churches continue to look
for opportunities to work together to build bridges and promote healing and reconciliation between the two
churches and in the wider community,
This past November, St. Matthew's and St. Paul's, which are located less than If. of a mile from each other,
co-hosted a presentation by Rwandan genocide survivor Immaculee Ilibagiza author of Left to Tell, a raw account
of her experience during the Rwandan crisis. More than 300 people, representing a wide cross-section of the
community, attended the event which emphasized reconciliation and healing,
Though co-sponsored by St. Matthew's and the City ofDelray Beach, the concert by the Tallahassee Boy's
Choir is offered as a part of the Music at St, Paul's series, St. Paul's Episcopal Church has sponsored Music at St.
Paul's with its monthly concert series featuring world class musicians for 19 years,
For the February 25th concert there is a suggested donation of$10 at the door, Students are free.
Excellent Diolo and television oDoortunitv (01' iournalists
For additional information please contact:
The Reverend William H. Stokes, Rector
or Keith Paulson-Thorp, Director of Music at St. Paul's
St. Paul's Episcopal Church
188 S, Swinton Avenue, Delray Beach, Florida 33444
stpauldb@aol.com, 561-276-4541, Fax (561) 276-0304
Music at St. Paul's
Concert of February 25, 2007: The Boys' Choir oCTallahassee
Proposed Budget
Honorarium for Choir"
$2,500
Hotel Rooms & Breakfast
(75 boys & 8 chaperones)
4,610
2 Buses*
5,500
Meals for Choir'"
600
Hospitality Reception for Concert
350
Publicity
4,000
Printing Costs*
170
Equipment Rental*
500
TOTAL
$18-230
*Costs calculated per Contract with the Tallahassee Boy's Choir
Page 2 of3
ST. P^EJI':sEJ'ISCm~Al. CJ.(URCH.1B8$. S"-!IN'J'ON AVIi':
DEUAy8EACH, FLOllJDA 33444. 561'"276-4.541
Join Organiste, the Free Email List for Southeast Florida Music Events
Email: I
Phone: 561-999-0234
Email: organiste@att.net
www.organiste.net
Privacy by BY SafeSubscribeSt1
WWW,ORGANISTE.NET for Information about the Southeast Florida Music Community
Forward email
18I SafeUnsubscribe@
Powered by
2/15/2007
~"C 0""
"
o~ J:
~ . v
~.. ~ e. fr, 'I-.
CITY COMMISSION
CITY OF DELRA Y BEACH. FLORIDA
REGULAR MEETING - TUESDAY. FEBRUARY 20. 2007
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS:
9. REGULAR AGENDA:
N. REQUEST FOR QUALIFICATIONS (RFQ) RESPONSES/OLD SCHOOL
SQUARE CULTURAL ARTS CENTER EXPANSION: Consider approval of
the Review Committee's rankings of the responses to the Request For Qualifications
(RFQ's) for professional consulting services for the Old School Square Cultural Arts
Center Expansion project; and authorize staff to proceed with contract negotiations
with the highest-ranked firm, Glatting Jackson Kercher Anglin, Inc.
***************************************************************************************
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.
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
SUBJECT:
CITY MANAGER
AGENDA ITEM # . N - REGULAR MEETING OF FEBRUARY 20 2007
REQUEST FOR QUALIFICATIONS (RFQ) RESPONSES/OLD SCHOOL
SQUARE CULTURAL ARTS CENTER EXPANSION
DATE:
FEBRUARY 20, 2007
This item is before the Commission to consider approval of the Review Committee's rankings of the
responses to the Request For Qualifications (RFQ's) for professional consulting services for the Old
School Square Cultural Arts Center Expansion Project; and authorize staff to proceed with contract
negotiations with the highest-ranked firm, Glatting Jackson Kercher Anglin, Inc.
On January 5, 2007, six (6) responses were received and were initially evaluated by a review
committee based on the Phase I ranking criteria included in the RFP. The RFP is attached for your
reference. The initial rankings were as follows:
1. Glatting Jackson Kercher Anglin, Inc.
2. Zyscovich, Inc.
3. RDG Schutte Wilfscam Bige, Inc.
4. RMPK Group
5. Robling Architecture Construction
6. Atlantic & Caribbean Roofing, LLC
Phase II of the evaluation process involved presentations to the review committee from the top three
ranked respondents which were scheduled for February 16, 2007, in the 1st Floor Conference Room.
Presentations were evaluated according to the Phase II criteria as included in the RFP (attached).
Based on the presentations by each of the short listed participants, the review committee finalized its
rankings as follows:
1. Glatting Jackson Kercher Anglin, Inc.
2. Zyscovich, Inc.
3. RDG Schutte Wilfscam Bige, Inc.
Glatting Jackson Kercher Anglin, Inc. is the highest ranked consultant for the Old School Square
Cultural Arts Center Expansion Project.
Recommend acceptance of the review committee's rankings and authorization for staff to enter into
negotiations for professional consulting services with Glatting Jackson Kercher Anglin, Inc., as the
highest ranked consultant for the Old School Square Cultural Arts Center Expansion Project.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\RFQ Old School Square Cultural Arts Ctr Expansion.0220.07.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
FROM: Richard C. Hasko, P .E., Environmental Services Director ~
SUBJECT: OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
DATE: February 19, 2007
Responses to the City's Request For Qualifications (RFQ) for professional consulting services for the
Old School Square Cultural Arts Center Expansion project were received on January 5, 2007. A total
of six (6) responses were evaluated and ranked by a review committee consisting of the following
membership:
Joe Gillie, Old School Square Cultural Arts Center
Bill Wilshire, Palm Beach County Parks & Recreation Department
Sharon Koskoff, Public Art Advisory Board
Bill Wood, Delray Beach Chamber of Commerce
Bob Barcinski, Assistant City Manager
Joe Weldon, Parks & Recreation Director
Paul Dorling, Planning & Zoning Director
Randal Krejcarek, P.E., City Engineer
Responses were initially evaluated according to the Phase I ranking criteria included in the RFQ
(attached). The rankings of responses resulting from the Phase I evaluation process were published to
respondents on January 26,2007, and were as follows:
1. Glatting Jackson Kercher Anglin, Inc.
2. Zyscovich, Inc.
3. RDG Schutte Wilfscam Bige, Inc.
4. RMPK Group
5. Robling Architecture Construction
6. Atlantic & Caribbean Roofing, LLC
Phase II of the evaluation process involved presentations to the review committee from the top three
ranked respondents which were scheduled for February 16, 2007, in the 1st Floor Conference Room.
Presentations would be evaluated according to the Phase II criteria as included in the RFP (attached).
q.W
Based on the presentations by each of the short listed participants, the review committee finalized its
rankings as follows:
1. Glatting Jackson Kercher Anglin, Inc.
2. Zyscovich, Inc.
3. RDG Schutte Wilfscam Bige, Inc.
On the foregoing basis, staff is requesting that City Commission accept the rankings of the review
committee as outlined above and authorize staff to negotiate consulting fees with Glatting Jackson
Kercher Anglin, Inc. as the highest ranked consultant for the Old School Square Cultural Arts Center
Expansion project.
Please place this item on the agenda for the February 20, 2007 meeting for consideration by
Commission.
Cc: Randal Krejcarek, P.E., City Engineer
Tracie Lutchmansingh, P.E., Assistant City Engineer
Phase I Ranking
=
o
.-
fI..l
=
~
Q.
~
~
a.
~
.....
=
~
U
fI..l
t: :f
<:;
- =
r:~
=lo0oi
.= ~
= =
uf
~
a.
~
=
c-
rIJ
-
o
o
..=
CJ
rIJ
"0
-
o
=..:.:
i! III
~~
-.o-M..,.",N
~
~ I::
~=
.- ...
torLJ
~
co~~l2:l~~
l::
~-.oN""''''''''-
~
I::
:a
..!2\O-MN"I:t''O
~
III
=
~\ON"l:tr'f"ll.l')-
~
..:.:
I::
..
.~-.o""""'M"'-
I::
~
gf
..:.::=
1Il..-'OM.......,."'-
~~
...
= .-
f il
S.51"O-NM-nV
rLJ ..
- ..
:=
~
:~
~
-=1
.:>-'O.....M..,."'-
~
:5
t:;'-O-N-.::tVif'f"':l
~
E ell .
~:€..5
;:l . Q .~
~ .5.s <>
-55~' g
.....8 ~.~ '"
.... a:l =0
o.:~~ u
j~~ ~
.0 ="- (J
'Iii Q ~ 9-"~ Q
u~!le].s
o'/:l~.EC5~-5
.g .~ Jl ~ gf"S:
fij"i3,,~:=8
~G~~~~
=
o
.-
fI..l
=
~
Q.
~
~
a.
~
.....
=
~
U
fI..l
t: :f
<:;
- =
= =
a.~
=lo0oi
..... ~
_ f'-l
= =
uf
~
a.
~
=
c-
rIJ
-
o
o
..=
CJ
rIJ
"0
-
o
l::
~ ...... ...... ...... ..... C'I \0
'" ...... C'I C'I eo ...... C'I
~
t
:a ..,. ...... 0 ...... ...... ......
.Zl eo \0 r- ...... ..,.
:i
III
=
~ 0 ..... \0 0'" M
1l M eo r- eo \0 eo
~
..:.:
t
01 ..... ..... M ~ ..,.
.~ ..,. ...... r- ...... C'I
I::
;:.,::
:l gf
:c ..,. C'I M ...... ...... \0
.! = eo C'I eo \0 C'I
= Cl
j:l.,
>>
= :.ii!
I:: '"
III
= 'E ..... C'I eo ..,. ~ C'I
... eo eo eo r-
rLJ 01
;; =
=
~
:~
~
III ~
... I:l ...... M M C'I \0
= ..,.
~ C'I C'I eo ...... C'I
:5 ...... '" ..... 0 r- M
(;:5 ...... C'I C'I eo r- eo
...... :l
S III eo ..... C'I ..... \0.....
= .- r- eo \0 ..... ...... r-
~~ \0 \0 \0 ..,.\0
=..:.:
i! III \0 ...... M ..,. ...... .....
to 01
O~
u
:J
E bll,
~ ~.s 5
::l r::" .;
8 ii .s 'P
OJ
"-l Q) i
r:: ,~
..... <(
~ h Q:l
] ~ u
J ;gj ~
'/a i ~ g ~ u
1 :E .s
u ~
~ ..... ~ -5
OJ .~
'P "-l ~ .5 '~
a " ~ ::c
~ <<I ~ h
G ~ N
Phase II Ranking
=
o
.-
fI..l
==
~
Q.
~
~
a.
~
.....
==
~
U
fI..l ~
t:::a
-< =
-~
~';j
a. .5
=~
==
= Col
U ;
-=
~=--
a.
~
=
C-
rIJ
-
Q
o
..=
CJ
rIJ
"0
-
o
=..:.:
i! III
~="""MN
oCl:
~
~ I::
~=o.....\O
._ (J N - -
-;rLJ
l::
=
iNM-
~
~
:a
...!a-NM
:i
III
=
~-M"'"
~
..:.:
I::
01
.~ M N-
~
~
il-cNM-
~~
= .-
~~
fl .!
rLJ ~
_ 01
:=
~
.~
:.a
's-g
=
~
-..... M
- M.....
:5
rJ-NC"'")
E 0
~..5
. d
,5 .e
bh.
~ ,~
!:l CO
'5 ~
~~
s::::
o ~ 0
~~..5
<<l =' .
-...:'5
bIl <.) ,-
.6 rJ} >
oil " 8
G~~
=
o
.-
fI..l
=
~
Q.
~
~
...
~
.....
=
~
U
fI..l ~
t::i!
<~
-
~-;
... =
=~
==
= ~
u ;
.c
~~
a.
~
=
c-
rIJ
-
o
o
..c:
CJ
rIJ
"0
-
o
l::
=
..:.:a--co\O
..,cocoa--
~
I::
:a 00......
~O\r---~
~
III
=
~MCOM
'ila--r-CO
~
..:.:
~
.~ ~ 1;;; ~
I::
~
gf
:l:.r:......NV')
.! e 00 t'-- QO
~Q
=;il
I:: ;
e ._ QCl r- \0
~~cococo
.~
:I
~
:iE
~
III ~
~e-.::t'OOr"l
~a--r-co
:agcoa--
C;S_a--co
'3.;;......co.....
= ._ a-- ...... \0
!-~\O\O\O
=..:.:
i!
~~-M.....
E .
~.5
. d
.S ..8
bh.
~ .~
~i:ll
'5 ~
~~
c ,-
~ ~ d
.,M..8
'" :l .
........c:'5
tlI) ., .-
.8 rLJ >
':fi Cl 8
~Oh
Cl",N
CITY OF DELRAY BEACH
OLDS
CULTURAL
REQUEST FOR QUALIFICA TIONS
,g()L SQUARE
CENTER EXPANSION
PROJECT NO. 2006-053
RFQ NO. 2006-58
MAYOR
VICE MAYOR
DEPUTY VICE MAYOR
COMMISSIONER
COMMISSIONER
CITY MANAGER
JEFF PERLMAN
RITA ELLIS
FRED B. FETZER
JON LEVINSON
BRENDA MONTAGUE
DAVID T. HARDEN
ENVIRONMENTAL SERVICES DEPARTMENT
434 S. SWINTON AVENUE, DELRA Y BEACH, FLORIDA 33444
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
Pursuant to Florida Statutes Section 287.055, the City of Delray Beach requires professional services for the following
project:
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
The purpose of this project is to provide an integrated design for the existing Old School Square site and the new
downtown park; together these are referred to as the Old School Square Cultural Arts Center. The design must
integrate existing architectural features, accommodate and provide improved infrastructure for existing large-scale
events, create and support ongoing daily use of the park, provide opportunities for smaller scaled events and intimate
"parks within the park". Planning concepts must include adequate shade, be ADA friendly, support public art and
educational opportunities, integrate local culture and history in a meaningful way and provide for expanded economic
development for the OSS facility and the City as a whole,
RFQ packages shall be submitted to the office of the Purchasing Manager, 100 NW I st Avenue, Delray Beach, Florida,
33444, no later than 3 P,M. on January 5, 2007. No responses will be accepted after that time. RFQ packages shall
include an original and Eight (8) copies in sealed envelopes/packages addressed to the Purchasing Manager, City of
Delray Beach, and marked "SEALED RFQ FOR OLD SCHOOL SQUARE CULTURAL ARTS CENTER
EXPANSION".
SELECTION PROCEDURES
Selection will be in accordance with the Consultant's Competitive Negotiations Act, as amended, Section 287.055,
Florida Statutes. The Selection Committee shall evaluate the qualifications submitted by the firms using criteria as
outlined in the RFQ to develop a short-list. The selection committee will hear public presentations by selected
consulting firms regarding their qualifications, approach to the project, and the ability to furnish the required services.
A public meeting of the City's Selection Committee will convene at 10 A.M. on January 19, 2007 in the 1st Floor
Conference Room at City Hall, 100 NW I st Avenue, Delray Beach, Florida, 33444 to review and discuss phase I
rankings of respondents. Public presentations by a minimum of the top three (3) ranked respondents will be held
between 10 A.M. and 12 P .M, on February 2, 2007 in the I st Floor Conference Room at City Hall.
At the time of RFQ submission, respondents must be properly certified/licensed in the State of Florida for the purpose
of providing the specified services.
Requests For Qualification Packages may be obtained from www.demandstar.com (800-711-1712) or the City of
Delray Beach, Purchasing Department, 100 NW 1st Avenue, Delray Beach, FL 33444. Call Purchasing at (561) 243-
7163 to ensure sufficient supply.
All questions and requests for additional information in connection with this Request for Qualifications and selection
shall be directed in writing to Richard C. Hasko, P.E., Environmental Services Director, 434 South Swinton Avenue,
City of Delray Beach, Florida, 33444. Fax number (561) 243-7060.
CONE OF SILENCE
A "Cone of Silence" is in effect from the date/time of the deadline for submission of this RFQ and terminates at the
time the Delray Beach City Commission awards or approves a contract, rejects all RFQs, or otherwise takes action
which ends the solicitation process,
PUBLIC ENTITY CRIMES
A full executed sworn statement concerning Public Entity Crimes is required by Florida Statutes,
Section 287. 133(3)(a) and will be required before a contract is executed.
Palm Beach Post
Jacklyn Rooney
Purchasing Manager
Dated:
Published:
ADV-l
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
I. GENERAL
The City of Delray Beach is soliciting responses to this Request For Qualifications (RFQ) from interested parties
for the purpose of providing professional consulting services to provide an integrated design for the existing Old
School Square (OSS) site and the new downtown park; together these are referred to as the Old School Square Cultural
Arts Center, Together, the existing Old School Square property and new Old School Square Park (Old School Square
Cultural Arts Center) represent approximately 5.25 acres on Atlantic Ave. in downtown Delray Beach. Of this, the
existing Old School Square facility and surrounding property comprise roughly 4 acres and are well-known, well used
landmarks in the City, Numerous annual public events, as well as private programs take place on this site throughout
the year, Immediately to the east of the existing site, the City is removing a surface parking lot and building structure
to create a new park, 1.3 acres, It is envisioned that extensive public involvement will be required throughout all
phases of this project. Please refer to Exhibits B, C & D for project location and site maps, Exhibit E illustrates
preliminary design guideline recommendations
II.
SCOPE OF WORK
The scope of work to be performed by the selected consultant shall include:
A. Create an integrated design for the existing OSS site and the new downtown park that includes adequate shade, is
ADA friendly, supports public art and educational opportunities, integrates local culture and history in a
meaningful way and provides for expanded economic development for the OSS facility and the City as a whole.
B, Development of a park programming plan that is coordinated and supported by the City, OSS and other identified
stakeholders,
C. The park design, along with the program plan must be woven into a broader urban economic and development plan
that capitalizes on the new residential growth in the area, downtown development plans and other economic drivers
for the city. Design development will require a combination of technical and creative disciplines to address all
potential aesthetic and recreational components as well as required site improvements,
D. Following completion and acceptance of the park design and program plan, an implementation plan will be
developed. The implementation plan will include the following elements: planning level, life-cycle cost estimates
for construction and O&M, possible phasing plan for implementation and developing design documents to support
construction bidding,
E. Participation in public involvement and consensus building activities throughout all aspects of the project.
F. Provide final design package and specifications sufficient for bidding,
III. RFQ SUBMITTAL PACKAGE
Each submittal must include the attached check list labeled "Exhibit A". This check list must appear immediately after
the cover letter. To ensure that all submittals can be evaluated on an equitable basis, the RFQ requires each respondent
to provide the requested information in a prescribed format and organization that excludes supplemental materials. Any
supplemental information included with the response must appear after the required materials and tabbed "Additional
RFQ Information", or under separate cover. The submittal package should be organized as listed below with one tab
for each item.
RFQ-l
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
The submittal package should be organized in the following manner:
1. Cover Letter
2. Check List (Exhibit A)
3. Firm/Team organizational chart which includes:
a. Individuals Name and Position
b. Name of Firm
c, Clear designation of one person who will be the main contact for the respondent
4. Firm description(s) (One for each Firm included in submittal) All firms must be clearly identified in your
submittal, and their ability to perform assigned responsibilities must be demonstrated,
5. Related Experience - List the projects which best illustrate the experience of the firm and staff which will be
assigned to this project. List no more than ten (10) projects, or projects which were completed no more than
five (5) years ago, Provide the following information for each project listed: separate sheet for each project.
a. Name and location of the project.
b, The nature of the firm's responsibility on this project.
c. Provide the name, address, phone number, and e-mail address of an owner's representative who can
be contacted to provide a reference.
d, Size of project (dollar value and acreage of project).
e. Cost to design, and planned construction cost and final construction cost.
f, Present status of the project; Date project was completed or is anticipated to be completed.
g, Key professionals involved on listed project who would be assigned to this project.
h. Examples of programming efforts currently being implemented that demonstrate team's ability to
create sustained, ongoing use of the planned facility.
6. "Key Staffing" (One page resume for each person included in the submittal package)
7. Project Management
a, Describe the capabilities of your firm to provide the technical ServIces required for: design
development, facility/event programming, urban economic planning, construction estimating and,
quality control.
b. Describe project management approaches to address communication needs of the team, how key
decisions will be made and how conflict will be resolved and how schedule and budget will be
managed.
8. SF 330 Forms
One original and eight (8) copies of the RFQ must be received in the office of the Purchasing Department, City
Hall, 100 NW 1st Avenue, Delray Beach, FL 33444, no later than by 3 P.M., eastern time, on January 5,2007, at
which time a list of respondents will be made public.
In accordance with the American with Disabilities Act (ADA) this document may be requested in an alternate
format.
IV. EVALUATION AND SCORING
SELECTION PROCESS
a) The purpose of the rating procedures is to equitably judge the responses to the Requests for Qualifications.
Each response will be scored and evaluated by the Selection Committee using the procedures outlined herein.
RFQ-2
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
b) The selection process consists ~f two phases of evaluation and scoring.
1. The Selection Committee will review and score each RFQ submittal. A minimum of three top ranked
Respondents will be short-listed and invited to interview with the Selection Committee. Respondents
will be notified in writing if their firm has been invited to interview with the selection committee.
2. The second phase of the evaluation and selection will only be for the Respondents who are selected
from the first phase of the evaluation. The short-listed firm's interview will consist of a presentation
to the Selection Committee followed by a question and answer period.
c) Each category will be scored and when the scores awarded for all categories are totaled, the scores will be
tabulated and added to achieve the Total Points awarded to each firm. The Total Points awarded to each firm
will be ranked 1,2,3,4, etc, with the highest point total ranked 1, the next highest points total ranked 2, etc.
The ranking of each firm will be tabulated from each Committee Member and combined with other Committee
Members to determine the total score for the firm.
SCORING CRITERIA FOR PHASE I SHORT LISTING-
The Scoring Criteria is made up of the categories that collectively represent a Grand Total Point Value of 100
points, as described herein. The points indicated below as "Points Possible" are the maximum that can be allocated
for each category. The point value shall be the basis of establishing a finalist list of the top ranking RFQ submittals.
EV ALVA nON CATEGORIES-
a) Qualifications of the Firm: The firm will be expected to demonstrate its experience with projects similar in
size, scope and complexity, Particular attention should be given to the design development process, how
stakeholder values are incorporated into the process, how designs and programming are integrated with the
local economy and community and how project decisions are made in a creative and qualitative design
environment. The firm should share its experiences bringing innovative and creative input from past projects
and reaching discussion consensus.
b) Proposed Project Staff and Functions: The firm shall name the actual Project Manager and other key staff to be
assigned to this project, describe their ability and experience and indicate the function of each within their
organization and their proposed role on this project. (The Project Manager and key staff shall be present at the
time of the interview for selected respondents)
c) Project Management: The firm shall indicate knowledge and experience in the park design development, cost
estimating, budget and schedule management approaches used to manage creative design projects.
d) Knowledge of Local Conditions: The firm shall demonstrate its knowledge of the site, events, history and
culture, in addition to applicable local codes and ordinances,
EV ALVA TION CATEGORIES
POINTS POSSIBLE
1. Qualifications of the firm
2, Proposed Project Staff and Functions
3. Project Management
4. Knowledge of Local Conditions
40
20
25
15
GRAND TOTAL OF POINTS
100 POINTS
RFQ-3
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
SCORING CRITERIA FOR PHASE II FINAL SELECTION
The second phase shall consist of an interview/presentation by each finalist in an effort to further understand the
proposals and qualification of the proposing firm. All finalists shall be considered in equal standing at the beginning of
Phase II. Using the information presented in the firm's written Proposal, finalists will be expected to address the
following: -
a) Creative Experience: The Firm shall demonstrate experience with programming and design of urban parks that
successfully attract and encourage use of the park and integrate local cultural components while providing
economic and environmental enhancement to the area.
b) Consensus Building: The firm shall demonstrate the successful coordination and facilitation of public
involvement sessions designed to generate public support and enthusiasm, and achieve stakeholder consensus
of desired project amenities and components.
c) Project Management: The firm shall demonstrate its ability to maintain project schedules and control project
budgets in a creative production environment.
d) Local Knowledge: The firm shall demonstrate its understanding of the needs, expectations and opportunities of
the site and the City,
EV ALUA TION CATEGORIES
POINTS POSSIDLE
1, Creative Experience
2. Consensus Building
3. Project Management
4. Local Knowledge
40
20
25
15
GRAND TOTAL OF POINTS
100 POINTS
AWARD OF CONTRACT
a) Based on final rankings resulting from the Phase II evaluation process, the Selection Committee will make a
recommendation to the city Commission for the award of the contract.
b) The City will conduct negotiations with the highest ranked Respondent to determine the fee and final terms and
conditions of the contract. However, if no agreement is reached with the top ranked Respondent, negotiations
will be terminated with the top ranked Respondent and the City will move to the second ranked Respondent to
attempt to reach agreement. If no agreement can be reached with the second ranked Respondent, the City will
move to the third ranked Respondent.
TIME
a) Time is of the essence in all contract documents. The successful Respondent, shall enter into a Contract with
the City, shall commence the work to be performed under the Contract on the date set by the City in the written
notice to proceed, and shall continue the work with due diligence.
RFQ-4
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
EXHIBIT A
CONSULTANT CHECKLIST
Note:
1) This Exhibit must be included in RFQ immediately after the cover letter.
2) RFQ Package must be put together in order of this checklist.
3) Any supplemental materials must appear after those listed below and tabbed "Additional RFQ Information"
Cover letter
Copy of this Check List (Exhibit A)
Firm/Team Organizational Chart
Firm's Description(s)
Related Experience
Key Staffing
Proj ect Management
SF 330
RFQ-5
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
EXHffiIT B
City of Delray Beach
Atlantic Coast I
East Coast
Nature Coast
Gulf Coast I
West Coast
r,easure
C Gst
Cultural Coast
Lee Island Coast
RFQ-6
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
EXHmIT C
OLD SCHOOL SQUARE CULTURAL ARTS CENTER
SITE LOCATION
a...:... ...
RFQ-7
1,; ~.'
'"" 7'"
Of
.! 't.
!
I
-.. ,~.
,
I
I
: I
, J.'
r;
I
!
J.
I
i-
f
, . 't.
',' .
;.
!:
'''I .
'. r.'
~,. ; l
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
EXHmIT D
OLD SCHOOL SQUARE CULTURAL ARTS CENTER
PROJECT BOUNDARIES
:::..::~ <:il'i'l,' "
.
.;.',
. ..
,-" ~ .. ..""".,.~ ...'-..,
h::,: j~~~ '.y.~~ ~"f;.L1r:i,- .
:.rt\';......~._, -""'T'~'!'"
. ~ I
h.!
Of It. -_' 400-. --:.AI_...4
.
"
~.' !'
, "
'ti~H 1 L. ..-. ..;.1
I . .'
. .)
~ n
/'
-----'., ,;
Combined
Site 5.25
Acres
" ~
;~;
!
, .
1'''
t'. .,
..
1
'" . ,
P: "'!. ~
, I
:. i
..
~
.,
I ~ ~'"I,-
"
..1
.:.0- ..
!.I'.'
RFQ-8
it:
~
---'. lC
~._~'M__-~'\'n:: i
)~ ~
... Vi ~.
I <d:t
I ::i j
I
.._-,I~
" . . j " I
l.;' :1t'
.. j
'-'1 .
T. :t;
........,~.
~. f; .;
t'...,>,:, -
. _._L4
if" " ,1
.11
i. i
{,
, !'i'i
wJ.i.
. . ,,"'. .
J' I
)~:!1
17:1,
lid
!.
.'
()
l.r
*;1
~~
:.n
'...;
~"!
-,.
-.
ii;
:..
-.. O!
'!
I
I "*'~-'
11:,.
.._},~
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
EXHffiIT E
PRELIMINARY WORKSHOP RESULTS AND RECOMMENDATIONS
A stakeholder workshop was conducted on July 10, 2006 at The Old School Square Cultural Arts Center
to better understand stakeholder interests.
As part of the workshop, participants walked the facility grounds and the new park site to delineate
boundaries and adjacent property issues. In addition, other factors to take into consideration during later
discussion were also identified.
The group then addressed the strengths, weaknesses, opportunities and challenges of the site. These are
summarized as follows:
StreDl!ths Weaknesses Opportunities Threats/Challenges
Integration with ass Use impacts! foot traffic Water Feature Not a park for the
(interactive)/ Seating residents
Existing cultural center Standing water Public Art Display Too "event-heavy" (that
for Delray they can't use it)
Shape - "good rectangle" a & M considerations/ City-wide public Must meet the
for events maintenance gathering place requirements for FCT
Grant
Starting with blank page Not visible from Atlantic Include entire ass Limitations on future/
Ave = merchant property as design potential uses in
attraction opportunity amphitheatre
"Privacy from Atlantic" Small overall site Expand cultural function Park is dark! lighting
allows quiet space
Pineapple Grove Way- Building "back" & need Naming opportunities Security / clean and safe
increase pedestrian for aesthetics
traffic, expose park
Parking availability May attract pets/animals "Invite" pedestrians into
nearby = "dOl!: poop" park
Proximity to police Architectural integration
service/ in garage
Central location to new Create economic engine
residential development - for merchants
walking opportunity
Improvements to front of
ass
Following the assessment ofthe existing conditions, workshop participants were asked to suggest
improvements, design ideas, needs, etc. for the site. All ofthe ideas were posted, grouped with other
similar ideas, and prioritized. The following groups were identified and prioritized (number of "votes"
shown in parentheses) as follows:
. Landscape design (10) Event needs (10) Clean and safe (8)
. Shade (4)
. Seating needs (3)
. Entry-ways, linkage
Public art (4)
VVaterfeature(l)
Site plan and pathways (3)
Other special features (1)
RFQ-9
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
Based on a review and formalization of the workshop results, the following recommendations for
design guidelines were established.
Recommendations
Site Planning
. Develop design for entire site, including ass and the new 1.34 acre park site, resulting in a "unified
and integrated" site
. Provide interest and entry-ways to invite pedestrians from Atlantic Ave., Pineapple Way and other
access points.
. Develop pathway system to encourage smooth pedestrian movement within and around park, to
link park and ass elements, to connect to the Delray Cultural Trail, to provide" entry into park",
provide opportunities for multi-purpose use (suggest 7-8 feet in width). Additionally, it was
suggested that there be "markers" delineating distance walked.
. Define entire site with some" perimeter fencing" or other method
. Consider portable of multi-purpose methods to isolate or bound portions of the site for paid, or size
limited activities to avoid the need for temporary chain link fencing for any "pay for entry" event,
without restricting access to the park
. Integrate architectural features of ass, Museum, parking garage and any new structures associated
with the park
. Provide play area for kids such as a skate park
Event Needs
. Provide 10ading/ unloading access for events, including consideration of paved areas to minimize
impact on grass areas
. Provide electrical access
. Maintain open space, flat areas for set up
. Programming opportunities
. Create" interactive" opportunities to make this more than just a "passive park". Examples include
arts, maze etc.)
. Create design and programming plan that balances large, intense events with more sustained
smaller events and ongoing daily use. Examples include weekday "music and lunch in the park"
. Include educational and cultural components to involve school groups and the museum
. Use south side of parking garage for A V presentations and/ or mural
Safety
. Ensure that the park is clean and safe
. Provide adequate lighting for safety
RFQ-IO
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
. Consider on-site police presence
Landscape Design
. Provide considerable shade, tree canopy
. Create a "traditional park" design, with open space, etc.
. Provide unique, intimate areas for "musing" and contemplation
. Use landscape as "artistic feature", memorable moniker for the City
. Consider smaller, individual "park areas within the park" for individual seating (e.g. Kalamazoo,
MI)
. Incorporate lots of color aesthetics
. Consider Xeriscape or other native materials to reduce maintenance needs/ costs
. Consider changes in ground elevation to create interest, seating, and viewing
. Provide considerable buffer from alley and buildings on south side of park
Seating
. Provide significant seating options and configurations (individual, small group, tables, etc.)
. Have removable furniture
. Create unique seating opportunities
Water Element
. Create unique, central water feature
Public Art
. Use south side of garage wall for mural or significant art feature
. Incorporate sculpture garden
. Integrate artistic component into design, not just "plop art"
. Use lighting for artistic and aesthetic reasons, as well as safety
Other Considerations
. Consider solar lighting and other" sustainable" solutions into the design
. Make the park ADA friendly, not just compliant
. Develop economic develop plan to ensure maximum economic benefit from increased pedestrian
traffic, events and other means of integrating the park into the entire community
. Provide design standards for buildings facing the park so that designs are consistent with themes
developed for the park
RFQ-ll
AGENDA ITEM NUMBER:
q.~
AGENDA REQUEST
Date: February 19, 2007
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
February 20,2007
Description of agenda item:
Staff requests that Commission accept the final rankings of the City's review committee of respondents to
the RFO for consulting services for the Old School Square Cultural Arts Center Expansion proiect and
authorize staff to negotiate consulting fees with Glatting Jackson Kercher Anglin, Inc. as the highest ranked
respondent.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Staff recommends acceptance of rankings and to begin negotiations with The
. Glattin. Jacloron ~c, / A /?
Department Head SIgnature: ~ ~ Z -/1- 07
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available:
Yes
No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
c9
a4
!
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P,O,#
AGENDA ITEM NUMBER:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tfJv1
AGENDA ITEM # \ 0 .g - REGULAR MEETING OF FEBRUARY 20,2007
ORDINANCE NO. 71-06
TO:
SUBJECT:
DATE:
FEBRUARY 16, 2007
This ordinance is before Commission for second reading and quasi-judicial hearing for a privately
initiated rezoning from I (Industrial) in part and OS (Open Space) in part to MIC (Mixed Industrial
and Commercial) for a 10.7 acre property located along Depot Road north of the Old Train Station,
between the CSX Railroad and 1-95,
The subject property is located along Depot Road, north of the Old Train Station, between the CSX
Railroad and 1-95 and contains 10.7 acres. The property has never been developed and is currendy
vacant. This application was accompanied by a FLUM amendment from IND (Industrial) to CMR
(Commerce) as part of Comprehensive Plan Amendment 2007-1. These applications have been
submitted to accommodate a development proposal which will include 52,284 square feet of office
area, 49,600 square feet of warehouse, and 300 multifamily/rental apartments units with 25% of the
units being Workforce Housing. While residential development is not currendy allowed within the
Industrial Zoning District or the proposed Mixed Industrial and Commercial (MIC) zoning district,
the applicant has requested that the residential component be allowed via the creation of a new
overlay district on this site. Additional background and an analysis of the request are found in the
attached Planning and Zoning Board Staff Report.
On July 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was no public testimony. The Board voted 6 to 0 to recommend that the request be
approved. Staff recommends approval based upon the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Goals, Objectives and Policies of the
Comprehensive Plan and does meet the criteria set forth in LDR Section 2.4.5.(D)(5) (Rezoning
Findings), LDR Section 3,1.1 (Required Findings), and LDR Section 3.2,2 (Standards for Rezoning
Actions).
At the first reading on February 6, 2007, the Commission passed Ordinance No. 71-06,
Recommend approval of Ordinance No, 71-06 on second and final reading,
S:\City C1erk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 71-06 Rezoning from I to MIC Depot Road 2nd Reading 02.20.07.doc
o~
Tr1
FROM:
DAvB;:t N,
PAui~~G' ~
~IO' .
EST BRETO, SENIOR PLANNER
IRECTOR OF PLANNING AND ZONING
TO:
THRU:
SUBJECT:
MEETING OF FEBRUARY 6, 2007
PRIVATELY INITIATED REZONING FROM I (INDUSTRIAL) IN PART AND OS
(OPEN SPACE) IN PART TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) FOR
AN 10.7 ACRES PROPERTY LOCATED ALONG DEPOT ROAD. NORTH OF THE
OLD TRAIN STATION. BETWEEN THE CSX RAILROAD AND 1-95.
The subject property is located along Oepot Road, north of the Old Train Station, between the CSX
Railroad and 1-95 and contains 10.7 acres, The property has never been developed and is currently
vacant. This application is accompanied by a FLUM amendment from INO (Industrial) to CMR
(Commerce) as part of 2007-1 being considered concurrently by the City Commission. These
applications have been submitted to accommodate a development proposal which will include
52,284 square feet of office area, 49,600 square feet of warehouse, and 300 multifamily/rental
apartments units with 25% of the units being Workforce Housing. While residential development is
not currently allowed within the Industrial Zoning Oistrict or the proposed Mixed Industrial and
Commercial (MIC) zoning district, the applicant has requested that the residential component be
allowed via the creation of a new overlay district on this site. Additional background and an analysis
of the request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing in conjunction
with the request. There was no public testimony. After reviewing the staff report and discussing the
proposal, the Board voted 6 to 0 to recommend that the request be approved, The request was
approved based upon positive findings with respect to LOR Section 2.4.5,(0)(5) (Rezoning
Findings), LOR Section 3.1,1 (Required Findings), LOR Section 3,2.2 (Standards for Rezoning
Actions).
By motion, approve on first reading the ordinance rezoning from I (Industrial) in part, and OS (Open
Space) in part to MIC (Mixed Industrial and Commercial) for the subject property located along
Oepot Road, north of the Old Train Station, between the CSX Railroad and 1-95, based upon the
findings of fact and law contained in the staff report, and finding that the request is consistent with
the Goals, Objectives, and Policies of the Comprehensive Plan and does meet the criteria set forth
in LOR Section 2.4.5.(0)(5) (Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR
Section 3,2,2 (Standards for Rezoning Actions),
Attachments:
Proposed Ordinance No. 71-06
Location Map
Planning & Zoning Staff Report of July 17,2006
/2.'8
ORDINANCE NO. 71-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED I (INDUSTRIAL) DISTRICT IN PART AND OS
(OPEN SPACE) DISTRICT IN PART TO MIC (MIXED INDUSTRIAL
AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL
LOCATED NORTH OF THE OLD TRAIN STATION, BETWEEN THE
CSX RAILROAD AND 1-95, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE
DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned I (Industrial) District in part and
OS (Open Space) District in part; and
WHEREAS, at its meeting of July 17, 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and
Commercial) District for the parcel described in the attached Exhibit "A".
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance No 38-06, under which official land use designation of CMR (Commerce) is affixed to
the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO, 71-06
EXHIBIT "A"
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF
DELRAY BEACH, LYING IN PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 89" 09"
21" WEST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.13 FEET;
THENCE SOUTH 140 51' 25" WEST ALONG THE EAST RIGHT OF WAY LINE OF THE CSX
RAILROAD, A DISTANCE OF 143.88 FEET, TO A POINT ON A CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 600.00 FEET AND A DELTA ANGLE OF 16032' 07"; RADIAL BEARING
THROUGH SAID POINT BEARS SOUTH 120 00' 53.1" EAST; THENCE EASTERLY, AN ARC
DISTANCE OF 173.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
CURVE HAVING A RADIUS OF 599.95 FEET AND A DELTA ANGLE OF 40 12' 45", AN ARC
DISTANCE OF 44.11 FEET TO A POINT ON A CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 3,969.72 FEET AND A DELTA ANGLE OF 60 37' 59"; RADIAL BEARING THROUGH
SAID POINT BEARS SOUTH 080 43' 52.3" WEST; THENCE SOUTHERLY AN ARC DISTANCE OF
459.56 FEET; THENCE SOUTH O~ 04' 36.3" EAST A DISTANCE OF 100.38 FEET; THENCE
SOUTH 030 40' 40" EAST A DISTANCE OF 516.72 FEET TO A POINT ON A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 1,063.92 FEET AND A DELTA ANGLE OF 80 37' 52";
THENCE SOUTHERLY AN ARC DISTANCE OF 160.27 FEET; THENCE NORTH 89" 17' 11" WEST,
A DISTANCE OF 122.21 FEET; THENCE NORTH 000 18' 11.4" WEST A DISTANCE OF 25.70
FEET; THENCE NORTH 280 55' 30.8" EAST A DISTANCE OF 160.64 FEET; THENCE NORTH 040
00' 44.1" WEST, A DISTANCE OF 219.69 FEET; THENCE NORTH 040 05' 58.8" WEST, A
DISTANCE OF 466.94 FEET TO THE POINT OF BEGINNING; CONTAINING 61,851.00 SQUARE
FEET MORE OR LESS.
TOGETHER WITH:
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF
DELRAY BEACH, LYING IN PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 89" 09"
21" WEST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.13 FEET;
THENCE SOUTH 140 51' 25" WEST ALONG THE EAST RIGHT OF WAY LINE OF THE CSX
RAILROAD, A DISTANCE OF 143.88 FEET, TO THE POINT OF BEGINNING SAID POINT BEING
ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 600.00 FEET AND A DELTA
ANGLE OF 16032' 07"; RADIAL BEARING THROUGH SAID POINT BEARS NORTH 12000' 53.1"
WEST; THENCE EASTERLY, AN ARC DISTANCE OF 173.13 FEET; THENCE SOUTH 040 20'
12.9" EAST A DISTANCE OF 466.94 FEET; THENCE SOUTH 040 05' 58.8" EAST, A DISTANCE OF
386.85 FEET; THENCE SOUTH 040 00' 44.1" EAST, A DISTANCE OF 219.69 FEET; THENCE
SOUTH 280 55' 30.8" WEST, A DISTANCE OF 160.64 FEET; THENCE NORTH 890 33'47.6" WEST,
A DISTANCE OF 76.63 FEET; THENCE SOUTH 31028' 40" WEST, A DISTANCE OF 11.68 FEET;
THENCE NORTH 89033' 34.6" WEST, A DISTANCE OF 254.25 FEET; THENCE NORTH 000 29'
43.6" WEST, A DISTANCE OF 288.96 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE EASTERLY, HAVING A RADIUS OF 2815.00 FEET AND A DELTA ANGLE OF O~ 23'
45"; THENCE NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 363.36 FEET;
THENCE CONTINUE ALONG SAID CURVE CONCAVE EASTERLY AN ARC DISTANCE OF
23.72 FEET; THENCE SOUTH 88046' 29.6" EAST, A DISTANCE OF 2.20 FEET; THENCE NORTH
14051' 25.0" EAST, A DISTANCE OF 407.26 FEET; THENCE CONTINUE NORTH 140 51' 25.0"
EAST, A DISTANCE OF 143.53 FEET TO THE POINT OF BEGINNING; CONTAINING 404,316
SQUARE FEET MORE OR LESS.
ORD. NO. 71-06
K \~ 'l / J /
I ~~~~s / I CANAL
1 I I
~
-I
lI> /,
~ CONGRESS
C A VENUE
I AUTO CENTER
i MDS WHOLESALE
I BEAUTY SUPPLIES
I
/
I
,
I
PALM TRAN
SA THLlTE-FACILlTY
----..
'---"'"
N.W. 1ST ST.
I
I DHRA Y
I AWNING
/
v/::=
/ k<C
-KY
V:~
SETA
DHR A Y
CENTER
ARTlC
ICE
,
~
L-32 I
~Cl
~
~
~
'"
><
vi
<J
;;:;;;
N.W. ND ST.
/
-
I-
f-
IX)
.-
~
:i
II
c.wor KROl
WAY
NOLAND
7
I
j _"-lLA
~~~Ut ~~ T
~
~ MA T~RIALS
-
.....
?
\ _ . N.W.
~
\ \~
\
\
\
\
\ \
7
CHURCH
OF
CHRIST
KEYSTONE
CREA TlONS
W
::l
Z
W
>
<C
~
<
\
\
\
\ \
.
/
\ ~ ~III
LEE ST.
~
<
z
o
f-
to?
Z
I
UJ
<
~
PROSPECT ST.
I
f-
IX)
~
Z
--
-
MARTY
FLADELL
DRIVE
3RD
~
<
N.W.
i!: I
'<I'
\~-
r---
~~
\
\.
-
~~
W- hTEWAY
/-ATNi' PARK:-
(/) -
(/)
W
0:::
'"
Z
o
U
~
C<
-
~
/ <(
j!:
~~r-T-'~
N DEPOT ROAD PROPERTY
- LOCATION MAP
-
ROYAL
COMM.
PARK OF
DHRA Y
CITY OF DELRAY BEACH, FL ~ SUBJECT PROPERTY
PLANNING '" ZONING DEPARTMENT
ST._
<
-
-
-
f---
f--
f---
-
~
:i
-
-
L.-
-- DIGITAL BASE MAP SYSTEM -- MAP REF: LM950
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
July 17, 2006
IV.B.2.e.
Future Land Use Map (FLUM) Amendment from Industrial (IND) to CMR
(Commerce) and Rezoning from Industrial (I) to MIC (Mixed Industrial and
Commercial) for a 8.8 acre parcel located along Depot Road north of the Old Train
Station, between the CSX Railway and 1-95.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Ownerl Applicant.........................
Agent......................................... .
Location.............................~....... .
Property Size. .............................
Existing Future Land Use Map
Designation' ..................... ..........
Proposed City Future Land Use
Map Designation. ............ ............
Existing City Zoning....................
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............................
Sewer Service........................ .....
Depot Industrial Center, LLC.
Charles Putman
Along Depot Avenue east of the
CSX Railroad Track, west of 1-95,
and to the north of the Old Train
Station.
8.8 Acres
Industrial (IND)
CMR (Commerce)
Industrial (I)
MIC (Mixed Industrial and
Commercial)
MIG (Mixed Industrial and
Commercial)
1-95 Right-of-Way'
MIC (Mixed Industrial and
Commercial)
MIC (Mixed Industrial and
Commercial)
Undeveloped
Mixed-use - Office, Warehouse
and Residential (if text amendment
is approved)
Water service is provided to the
site via an 6" water main, which is
located along the south side of the
property on Depot Avenue.
Sewer service is provided via a
septic tank system. There are no
sewer mains located adjacent to
the property. Extensions to the
site along Depot Road will be
required with development of the
property.
NOLAND
<c'
en
en
w
II::
C)
:i1:
o
o
3i
Z
.".";'.":".
, ;
I
i
;
,MARTY FlMELL
DRIVE
i
I
, !
ROYAL
CoMM.
PARK OF
DELRAY
~
L ~ ~ j
W,.
.. :;
, i
i
!
i
IV.B.2.e.
The action before the Board is that of making a recommendation to the City Commission on a
privately initiated Future land Use Map (FLUM) Amendment from IND (Industrial) to CMR
(Commerce) and rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial), for a 8.8
acre property located along Depot Road, north of the Old Train Station, between the CSX
Railroad and 1-95.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and rezoning of any property within the City.
~,~
The subject property includes Tract 1 and Tract 2 and Lots #1 through #5 of the Model land
Company subdivision and contains 8.8 acres. The property has never been developed and is
currently vacant. With the Citywide Rezoning of October ,1990, the subject property was
-rezoned from Ml (Medium Industrial) to I (Industrial).
Applications have been submitted fora FLUM amendment from IND (Industrial) to CMR
(Commerce) and a rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial). These
applications have been submitted with the purpose of establishing a project that will consist of
52,284 square feet of office area, 49,600 square feet of warehouse, and 300 multifamily/rental
apartments units with 25% of the units being Workforce Housing. This mixed-use project would
be allowed under the proposed MIC zoning (except for the 300 multifamily residential
component), but not under the current I (Industrial) zoning. 'While residential development is not
currently allowed within the existing I or the proposed MIC zoning district, the applicant is also
requesting that the residential component be allowed via the creation of a new overlay district
on this site. It is, noted, however, that the applicant wishes to proceed with the FLUM
Amendment and Rezoning regardless. of whether or not the text amendment to allow the '
residential component is approved.
The Future land Use Map amendment for the subject property is included as part of
'Comprehensive'Plan Amendment 2006-1.
~~~ -- ~ -- -,--;~~~-i~ijrn~rr~;i~;~n:y;~ljJm"'i~~lVjf1~Yfu1;T~r:i{n;'f.'t:T5r.~~~~~
L~~~~i.k,-t'~~1~~~~~~~~u~
REQUIRED FINDINGS:
LOR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, 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 on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall. be made by the body which has the
authority to approve or deny the development application. These findings relate to the
Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance
with the Land Development Regulations.
Planning and Zoning Board S."'-ff Report: July 17, 2006
De/ray Depot - FLUM Amen, Jnt and Rezoning
Page 2
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 applicant proposes to develop a mixed-uSe project at this location, which includes a
residential component. Residential uses are neither a permitted nor a conditional use in the MIC
zoning district. This application is accompanied by a Comprehensive Plan text amendment
which' would create a Workforce Housing Overlay District over this property and the adjacent
property to the south. Staff does not support the creation of this overlay district. If this text
amendment is not approved, the uses as proposed will not be consistent. However, as stated
earlier, the applicant wishes to proceed with the FLUM. Amendment and Rezoning regardless of
whether or not the text amendment to allow the residential component is approved. Therefore,
for the purpose of this report, the applicant's proposed text amendment to allow residential uses
will be considered a separate issue. Since the proposed MIC (Mixed Industrial and Commercial)
zoning district is consistent with the proposed CMR (Commerce) FLUM designation, positive
findings can be made with respect to consistency.
The remaining required findings of LDR Section 3.1.1 (Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations) are discussed below.
The following Comprehensive Plan Policy applies to Future Land Use Map Amendments:
Future Land Use Element PolicvA-1.7: Amendments to the Future Land Use Map (FLUM)
must be based upon the findings listed below, and must be supported by data and
analysis that demonstrate compliance with these findings:
o Demonstrated Need - That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
intheavaHabiHty of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics or
other circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall, it apply to '
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
When the Comprehensive Plan was originally adopted in 1989, it was determined that the CMR
(Commerce) designation was the most needed land use designation in the City.
Future Land Use Element POlicy A-1.3 - The Commerce land use designation, which
involves a mix of light industrial, . commercial uses and research and development, is the
most needed land use during the City's final stage of build-out. Thus, changes to the
Future Land Use Map, which diminish, this land use, are discouraged.
Based on its location between 1-95 and the CSX railroad, the subject property was designated
IND (Industrial) and zoned I (Industrial). However, the property has not been developed under
the current designation and the applicant would like the additional flexibility that MIC zoning
affords. The primary difference between the I and the MIC zoning districts is the addition of
Planning and Zoning Board Sf<'lff Report: July 17, 2006
Delray Depot - FLUM Amen ~nt and Rezoning
Page 3
offices and retail trade as principal uses within the MIC district. The applicant proposes to
establish a project that will include 52,284 square feet of office area, 49,600 square feet of
warehouse, and 250-300 multifamily/rental apartments units on the subject property. As stated
earlier, a text amendment to the Comprehensive Plan to allow residential development at this
location has also been submitted. However, even if this text amendment is not approved, the
applicant still desires to change the FLUM designation of the property and rezone it to MIC.
Based on the need for the Commerce land use designation as stated in Future Land Use Policy
A-1.3, positive findings with respect to Future Land Use Element Policy A-1.7 can be made.
o Consistency - The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan~
The proposal is consistent with the above policy as well as with the following Comprehensive
Plan Policy:
Future Land Use Element Policy A-2.3 - development of remaining vacant properties
shall occur in a manner which is consistent with and complimentary to adjacent
development regardless of zoning designations. This policy shall be implemented
through the review process associated with platting and site plans.
As previously stated, the owner of the property proposes to establish a project that will consists
of 52,284 square feet of office area, 49,600 square feet of warehouse, and' 250-300
multifamily/rental apartments units on the sUbject property. Properties to the north, south and
west of the subject property are zoned MIC (Mixed Industrial and Commercial) and property to
the east, adjacent to the 1-95 right-of-way, is zoned OS (Open Space). With the exception of the
housing component, the proposed development is consistent with and complimentary to the
prevalent development pattemin the area, and thus, meets the requirements of the Future Land
Use Element Policy A-2.3 of the Comprehensive Plan. The proposed housing is not currently
allowed in the proposed FLUM designation and will be considered separately.
o Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves a FLUM amendment on a 8.8 acre parcel from I (Industrial) to CMR
. (Commerce). Concurrency findings, with respect to Parks and Recreation, Schools, Solid
Waste, Drainage, Water and Sewer and Traffic are discussed below:
Parks and Recreation:
The Op~n 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
standardsn. A park impact fee is collected to offset any impacts projects may have on City
recreational facilities. Since residential development is not currently permitted at this location,
there are no impacts to parks and recreation. However, if the proposed text amendment is
approved and the applicant is able to construct housing units on the property, a park impact fee
of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit
for parks and recreation purposes.
Schools:
, A finding of School Concurrency will be required from the School District of Palm Beach County
if residential development is ultimately approved on this site. No concerns are noted at this time.
Planning and Zoning Board St~ff Report: July 17. 2006
Delray Depot - FLUM Amen ~nt and Rezoning
Page 4
Solid Waste:
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.
Drainaae:
Any development of the site will be required to retain drainage on-site in compliance with South
Florida Water Management District (SFWMD) requirements. There are no problems anticipated
complying with SFWMD requirements.
Traffic: J
A traffic study has been submitted that indicates that the proposed development (with the
residential component) will generate 2,840 daily trips, 265 trips in the A.M. peak hour and 297
trips in the P.M. peak hour. A tetter from the Palm Beach County Traffic Division indicating that
the proposed project meets concurrency with the Palm Beach County Traffic Performance
Standards Ordinance will be required. Development of the site without the residential
component may result in additional traffic. It is noted, however, that the maximum development
potential within the CMR (Commerce) FLUM designation and MIC zoning district is similar to
that within the ~ND (Industrial) FLUM designation and the PCC (Planned Commerce Center)
zoning district. With the exception of a higher potential for retail development in the MIC district,
the same land uses, are permitted within the two zoning districts. The City has requested a
revised traffic study based upon the maximum development potential within the proposed FLUM
designation. This information will be provided to DCA upon receipt. Upon submittal of a site plan
for development of the property, a traffic study will be required and traffic concurrency must be
met.
'Water and Sewer:
Water service is provided to the site via an 6" water main, which is located along the south side
of the property on Depot Road. . Sewer service is provided via a septic tank system. The
drainage field is located along the south side of the property. Adequate fire suppression is
provided to the site via an existing fire hydrant along the southeast side of the property. The
Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet
the adopted LOS at the City's build-out population, based upon the curr~nt FLUM. Pursuant to
-the Pubric Facilities Element Policy A-1.1, existing septic tanks located in sewered areas
throughout the City shall be removed from use as necessary pursuant to Florida Statutes.
Since there are no sewer mains located adjacent to the property, these lines must be extended
to serve the property when development occurs.
o Compatibility - The requested designaUon will be compatible with the existing and
future land uses of the surrounding area.
The property is surrounded on the north, south and west by MIC zoned property and/or existing
industrial uses. The property to the east, adjacent to toe 1-95 right-of-way, is zoned OS (Open
Space). Since the subject property is proposed to also be zoned MIC, there are no compatibility
issues with respect to the uses currently permitted within the zoning district. However, there is a
concern with respect to the applicant's proposal to include 250-300 residential units within the
project. Staff does not support the proposed text amendment, since residential development on
the subject property will present noise concems due to the close proximity of the site to 1-95 and
Planning and Zoning Board St~ff Report: July 17, 2006
Delray Depot - FLUM Amen ~nt and Rezoning
Page 5
the CSX railroad as well as compatibility issues regarding the surrounding Mixed Industrial and
Commercial development pattern.
o Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Although a site plan for the property has not been submitted, any future redevelopment of the
subject property will have to occur in accordance with the City's Land Development Regulations.
Based on the above, a positive finding with respect to compliance with the Land Development
Regulations can be made. '
~"R;~~~Ji91~~~;f0f;,i,/~ili~;41:ei;;0f'.,~';fi~;;;i~i:i~i~it~1~'~ij~:f~,j;'~&f.~~f"v~~lli~?~~i\~fM;}W!J1;~I;g~all~w;JJ;4giz~)f;~~:;;?I';J'~~
~.
Future Land Use Map Consistency, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings is discussed below.
CONSISTENCY: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
.performance standard of LOR Section 3.2.2 is as follows:
.(0) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Zonina Desianation: Use:
North MIC Vacant
South MIC Industrial
East OS and 1-95 Riqht-of-Way Open Space
West MIC Industrial
The proposed MIC zoning designation of the property is consistent with the prevalent
development pattern of the surrounding properties. As stated earlier, staff does not support the
test amendment to allow residential development in this location.
,LOR Section 2.4.5(0) (5):
Pursuant to LDR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
Planning and Zoning Board Shff Report: July 17, 2006
Delray Depot - FLUM Amen\ :nt and Rezoning
Page 6
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The applicant submitted a justification statement which states:
"The Industrial zoning category currently applicable to the property is priman1y designed
'to promote heavier industrial and industrial related uses. The MIC zoning also allows
many of those industrial uses but further provides the flexibility to do a mixed use project .
containing not only industrial but retail, office, service and other similar uses as well.
Thus, an MIC designation on the subject site will not preclude heavier industrial
development but will allow a wider range of uses to be developed than is allowed under
the current zoning".
The proposed amendment to Commerce (CMR) Land Use Map designation and Mixed
Industrial and Commercial (MIC) zoning are deemed compatible with the existing land use
designations and the adjacent development pattern. The requested MIC zoning designation for
the subject, property is the same as that for adjacent properties. The use of the property for
industrial, retail, and office purposes appears is consistent and compatible with the surrounding
land uses. Therefore, a finding with respect to LDR Section 2.4.5(D)(5) can be made that the
rezoning fulfills subsection "cor.
N -- - ~ ----,~~ -.-.,--_ ~"'---~~---~-_~~_r-""~""''''''''~'__~~ _ "_~_..._'"'~_,,~ ~~~ .r- r_'",",~~"",___~_~~v=~""~"""",",,, _~__~ '" _ _ ~
~ ; , " " . ., J' ,:;'f~:rJ(''''''H' :~\y' rO"'Jrlb'l~r;'j(s'. "".'. ,. " '/ ,0.;;(;:.;,. > " /' ,
~- ~"" 'i "''>'''' ,':~'9 ~! 1~~~/.,~:\i~",< ~~lt~<(l{}.;v,y"qJ~~~./ { ~, ;;., -' ~ '''1\_ 4-~ .. r ~ *
.tii.k~ ~
The property is not in an area that requires review by the Community Redevelopment Agency
(eRA) or Downtown Development Authority (DDA).
Public Notice:
Formal public notice has been provided to property owners. within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Neighborhood Advisory Council
o Progressive Residents of Delray (P.R.O.D.)
o Jerry Franciosa
o Carolyn Zimmerman
letters of support or objection, if any, will be presented at the Planning and Zoning Board.
meeting.
~v ~'" v ,>-,,,,,~,,,!,::,,,,,,, ~~" ,-, n"'- "- V~~ -~ ,,- ,...,~~~~::;-v_v ':....'"-"""i'fj]"~_~v,_:."<"""'~^;:::' "',":,-'~~~"--"''^"-,,''''l'''''' ,,"~~'i~,",~ '-y; .,,-= " "'...... ~",~~"="n.~ ~..."'-=?':I~~ ~r:r~r::;:;v~-~~~ ~ ~:~:~J~
1'". t,." .,",",'<'''" ~d"'hv$'A _ _',-a
~
The proposed amendment will change the FLUM designation of the property from an IndustriaJ
classification to a Commerce designation that will afford additional flexibility in development of
the property. In addition to industrial uses allowed under the I (Industrial) zoning district, the MIC
Planning and Zoning Board Stqff Report: July 17, 2006
Delray Depot - FLUM Amen ~nt and Rezoning
Page 7
(Mixed Industrial and Commercial) zoning district allows office and retail development. Positive
findings can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required Findings),
and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be
made with respect to LOR Section 2.4.5{D)(5) (Rezoning Findings). Therefore, the proposed
FLUM amendment and Rezoning can be recommended for approval based on the findings
outlined in this. report. Although the applicant has submitted a text amendment to also allow
residential development on the property, staff does not support the request due to compatibility
issues.
; ,. ,";~l;;!:f;;~i;;~;;;j;~:';~':~j,,!!!,{;";;~~i;;Xj~Ea~'V;~?~~j:;:\m(~~~~~~
L.~~~_.
A. Continue with direction;
B. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for
the subject property, by adopting the findings of fact and law contained in the staff report,
and finding that the request and approval thereof is consistent with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR
Section" 2.4.5.(0){5) (Rezoning' Findings), LOR Section 3.1.1 (Required Findings), LOR
Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of
the Comprehensive Plan; or
C. Recommend denial of the FLUM Amendment and Rezoning by adopting the findings of fact
and 'law contained in the staff report, and finding that the request is inconsistent with, Future
Land Use Elenient Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LOR Section 2.4.5(0)(5) (Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR
Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the
Comprehensive Plan.
, . ~ ."., ..- .. . ....-....::~." ;':', ~~";;:@l~~.~~-]m~' "r~~~~~'G';lum'" "'7~-:~-~~'~''';'J
L , " " , '" i'ZIi OJ "J "IEl if ,1N . """ " ., ,,~<<;g,..? " 'I
~,,~....,~_..~~~"'~~~-~
Move a recommendation of approval to the City Commission of the privately sponsored FLUM
Amendment from iNO (Industrial) to CMR(Commerce) and rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for the subject property located along Depot Road; north of
the Old Train Station, between the CSX Railroad and 1-95, by adopting the findings 'of fact and
law contained in the staff report, and finding that .the request and approval thereof is consistent
with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LOR Section 2.4.5.{D)(5) (Rezoning Findings), LOR Section 3.1.1 (Required
Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and
Policies of the Comprehensive Plan.
Staff Report Prepared by: Estelio Breto, Senior Planner
Attachments:
.' Proposed Future Land Use Map, Proposed Zoning Map
\\itsrvfO01\departments\planning & zoning\boards\p&z board\depot avenue property rezoning.doc
~ / I /
/ I CANAL
,
r-- "'7 LAMDA /
NOVA-
H~ TRONICS
i I I~-=
KR9t-.vAY~
$ I,CONGRESS
C A VENUE
1 AUTO CENTER
f / MOS WHOLESALE
/8€AUTY SUPPLIES
/
/
I
I
II. PALM TRAN
u ,~
\
SETA
DHRA Y
CENTER
/ '
L 32 I -
he
!
:
>(
iii
<J
{J
~ 7 I
CHURCH
OF
CHRIST
LEE ST.
~
<
ARnc
ICE
NOLAND
tl
I
~
z
o
I-
el
Z
I
UJ
~
PROSPECT ST.
CMR
~
<
KEYSTONE
CREA TlONS
N.W. 3RD ST._
-
<(
\~ . ~
. .I
, . ~
<
w
::l
Z
W
>
<C
i!:
en
3'
:i
SATELLITE-FACILITY
.---..
-
I DELRA. Y
AWNING
MARTY, FLADELL DRIVE -
~
C<
N.W. 1ST ST.
.........,
....
-.........-::- '~
/ CHEVRON J ~
/' G~W~; "
/ / I /: RINKER
~y: ~' eMR
~MI I
Ul r--
(/) r--
w
0:::
<.?
Z
o
U
I-
I-
ROYAL
COMM.
PARK OF
DELRA Y
.-
~
z
~ 1F:WA y
/"iNI PARK~
'!:
-<
I
~.~
.. I
j!:
..,
;i
iii
II
N FUTURE LAND USE MAP AMENDMENT
- DEPOT ROAD PROPERTY
aTY OF DElRAY BEAOi. Fl mI PROPOSED FUTURE LAND USE MAP AMENDMENT:CMR (COMMERCE)
PLANNING Ie ZONING DEPARTI.lENT
-- OJGITAL B4SE MAP SYSTEAI -- MAP REF: 1.M95OA
II I "- / / / / I 1.'1 q CHURCH
OF
~ ~ CHRIST
--
I. I / CANAL L-32 I ,
t-- ' LAMOA / b9
NOVA- S ST:
f- TRONICS ~ LEE
'"
I w
SUA >< >
<Ii <
DELRA Y <J
c ARnC
d CENTER z
ICE 0 PROSPECT ST.
~ l-
e>
~Q /(;;;-- I. z
:r
RPl. WAt-"7 UJ
lI> <
s CONGRESS ~
'<{ 17
c A VENUE NOLAND
~ AUTO CENTf:R l~ N.W. 3RE- _ST._
'--
MIC I ~ ~
\~ L .... ft
MOS WHOLESALE . . ...
BEAUTY SUPPLIES KEYSTONE
CREA TlONS
ds z ~
l!; <
W
<
::l
Z
J w i!: ,w ~~ :- '--- ...
> <Xl N.W. -
..., I
I -<( Ii! 1;1_
PALM TRAN \ :: ~
3:0 ! -
:i
CF -
, s
,
SA THLlTE-FACILlTY r-- r-r-
-
MARTY FlADELL DRIVE - '- -
N. . ;), ;)..
'---/ r- r-
C~ \~ l-
(/) - l-
I DELRA Y (/) .1-
AWNING - 3:~
w ~c- z ,
0::: ~ . ' ,
MIC '" ROYAL ,
Z COMM.
PARK OF ~ " ~
0 DELRA Y z
u
/- ,
/
CHEVRON v~ ~ ~ 1EWAY
~~~ INI PARK~
V 1C21~ (lo. '-l ~~~~ 5=
I <(
~
/'" ./ d l' RINKER ::!
/" \ (, '" ~ MA lFRlALS ~
~~y MIC vi
~
./~ I <
I I II I
N
REZONING
DEPOT ROAD PROPERTY
CITY or DElRAY BEACH. n
PLANNING'" ZONING OEPARlMENT
~ PROPOSED REZONING MAP AMENDMENT: MIC (MIXED INDUSTRIAL & COMMERCIAL)
-- OICITAL BASE MAP SYSTEM --
MAP REF: LM950B
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tlJU\
AGENDA ITEM # LD:B REGULAR MEETING OF FEBRUARY 20.2007
ORDINANCE NO. 5-07 (SECOND READING/SECOND PUBLIC
HEARING)
TO:
SUBJECT:
DATE:
FEBRUARY 16, 2007
This ordinance is before Commission for second reading and quasi judicial hearing for a City initiated
rezoning from MIC (Mixed Industrial and Commercial), PCC (planned Commerce Center), POC
(planned Office Center), PC (planned Commercial), and CF (Community Facilities) to MROC
(Mixed Residential Office and Commercial) for the area bounded by West Atlantic Avenue on the
north, the C-15 canal to the south, 1-95 transportation corridor on the east and Congress Avenue on
the west together with the Congress Park, Congress Park South and the Office Depot complexes,
located just west of Congress Avenue.
At the first reading on February 6, 2007, the Commission passed Ordinance No. 5-07.
Recommend approval of Ordinance No. 5-07 on second and final reading.
S:\City C1erk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 5-07 Rezoning O;!.;!O.07.doc
lY!\
lJI(
FROM:
DAVID T. ~DEN, ~~AGER
PAUL D6R~A1CP, D~CTOR OF PLANNING & ZONING
MEETING OF FEBRUARY 6, 2007
CONSIDERATION OF A CITY INTIATED REZONING FROM MIC (MIXED
INDUSTRIAL AND COMMERCIAL), POC (PLANNED OFFICE CENTER), CF
(COMMUNITY FACILITY), PC (PLANNED COMMERCIAL), PCC (PLANNED
COMMERCE CENTER) TO MROC (MIXED RESIDENTIAL OFFICE AND
COMMERCIAL)
TO:
SUBJECT:
The item before the City Commission is approval of a City initiated rezoning from MIC (Mixed
Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC
(Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential,
Office and Commercial) for properties generally located south of West Atlantic Avenue between
Congress Avenue and 1-95 south to the City limits including the Office Depot, Congress Park,
and Congress Park South office complexes.
The rezoning action involves 63 parcels totaling 225.50 acres located within the Congress
Avenue Corridor development area. Some of the lots are vacant while others contain general
office, governmental office, industrial, and commercial uses.
A City initiated Comprehensive Plan Amendment establishing the Congress Avenue Mixed Use
Land Use Map category and changing the land use designation of parcels in the Congress
Avenue Corridor is being processed as part of Comprehensive Plan Amendment 2007-1 and is
being considered concurrently. In addition a LOR text amendment was approved by City
Commission on December 5, 2006 which created a new zoning district MROC (Mixed
Residential, Office and Commercial). This rezoning will applied this new zoning district to
parcels having the new Congress Avenue Mixed Use (CMU) land use designation.
This rezoning furthers the polices in the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development of
Class A Corporate office space (Future land Use Element Policy A1.9). The amendment
also implements Comprehensive Plan Future Land Use Element Objective A-5 which
encourages creation of mixed use developments and Housing Element policies that encourage
providing diverse housing opportunities i.e. workforce housing, and transit orientated housing
through innovative development practices. The rezonings also implement the adopted Florida
Public Officials Design Institutes report recommendations to establish a corridor overlay district
to encourage mixed use development with commercial or office on the ground floor and
residential above utilizing new urbanism design elements.
The rezoning was considered by the Planning and Zoning Board on January 22, 2007 and two
people from the public spoke, one with a request for a traffic light at NW 29th street and the
other inquired about what water conservation initiatives were included in the action The Board
IO.C
City Commission Meeting of February 6, 2007
Rezoning from MIC,POC,CF,PC,PCC, to MROC
Page 2
discussed the Ordinance and recommended approval on a 6 to 0 vote (Deborah Dowd absent),
by adopting the findings of fact and law contained in the staff report and finding that the
amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
By motion, approve on first reading Ordinance No. 06-07 which involves rezonings from MIC
(Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC
(Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential
Office and Commercial) for properties generally located south of West Atlantic Avenue between
Congress Avenue and 1-95 south to the City limits including the Office Depot, Congress Park,
and Congress Park South office complexes 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 Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments:
· Ordinance No. 06-07
· Planning & Zoning Staff Report of January 22, 2007
ORDINANCE NO. 5-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT IN PART, PCC (PLANNED COMMERCE
CENTER) DISTRICT IN PART, POC (PLANNED OFFICE CENTER)
DISTRICT IN PART, PC (PLANNED COMMERCIAL) DISTRICT IN
PART, AND CF (COMMUNITY FACILITIES) DISTRICT IN PART TO
MROC (MIXED RESIDENTIAL, OFFICE AND COMMERCIAL)
DISTRICT; SAID LAND BEING PARCELS OF LAND GENERALLY
LOCATED WITHIN THE AREA BOUNDED ON THE NORTH BY
WEST ATLANTIC AVENUE, ON THE SOUTH BY THE C-15 CANAL,
ON THE EAST BY 1-95, ON THE WEST BY CONGRESS AVENUE ,
AND TOGETHER WITH THE CONGRESS PARK, CONGRESS PARK
SOUTH AND OFFICE DEPOT COMPLEXES, LOCATED JUST WEST
OF CONGRESS AVENUE AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned MIC (Mixed Industrial and
Commercial) District in part, PCC (Planned Commerce Center) District in part, POC (Planned
Office Center) District in part, PC (Planned Commercial) District in part, and CF (Community
Facilities) District in part; and
WHEREAS, at its meeting of January 22, 2007 , the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to
o to recommend that the property hereinafter described be rezoned, based upon positive findings;
and
WHEREAS, pursuant to Florida Statutes l63.3l74(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MROC (Mixed Residential, Office and
Commercial) District for the parcels described in the attached Exhibit "A".
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance No 38-06, under which official land use designation of CMU (Congress Avenue Mixed
Use) is affixed to the subject parcels hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 5-07
EXHIBIT "A"
LEGAL DESCRIPTION
18-46-43, SW Yi OF SE Yi OF SE Yi (LESS CONGRESS AVE R/W & S 25 FT) & W Y2 OF NW
Yi OF SE Yi OF SE Y4 (LESS CONGRESS AVE R/W & N 50 FT) AS IN OR1655P1666.
TOGETHER WITH:
THE SOUTHEAST Yi OF THE SOUTHEAST Yi OF THE SOUTHEAST Yi LYING WEST OF
THE RIGHT-OF-WAY OF THE SEABOARD COAST LINE RAILROAD, IN SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "ATLANTIC AVENUE VETERINARY CLINIC" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 42, PAGE 189 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THAT PORTION OF THE EAST HALF (E Y2) OF THE NORTHWEST QUARTER (NW Yi)
OF THE NORTHEAST QUARTER (NE Yi) OF THE SOUTHEAST QUARTER (SE Yi) OF
SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING NORTH OF OLD
ATLANTIC AVENUE AND SOUTH OF STATE ROAD No. 806, LESS THE RIGHT-OF-
WAY FOR INTERSTATE ROAD No. 1-95, AS DESCRIBED IN OFFICIAL REOCRDS BOOK
1049, PAGE 450, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
18-46-43, W Y2 OF E Y2 OF NE Yi OF SE Yi, E Y2 OF NW Yi OF NE Yi OF SE Yi, E 70 FT OF SW
Yi OF NE Yi OF SE Yi S OF OLD ATLANTIC AVE (LESS 1-95 R/W) & TH PT OF ABND OLD
ATLANTIC AVE L YG N OF & ADJ TO ALL L YG W OF RY R/W.
TOGETHER WITH:
STREET ADDRESS: 101 SOUTH CONGRESS AVENUE, DELRAY BEACH, FLORIDA
33444
LEGAL DESCRIPTION: ALL THAT PART OF THE WEST HALF (W Y2) OF THE WEST
HALF (W Y2) OF THE NORTHEAST QUARTER (NE Yi) OF THE SOUTHEAST QUARTER
(SE Yi) LYING SOUTHEASTERLY OF THE RIGHT-OF-WAY OF OLD ATLANTIC
AVENUE, LESS THE EAST 25 FEET, ALL IN SECTION 18, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SUBJECT TO THE ROAD RIGHT-
OF-WAY FOR CONGRESS AVENUE AS SHOWN IN ROAD PLAT BOOK 4, PAGE 68, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LESS THE
ADDITIONAL RIGHT-OF-WAY FOR CONGRESS AS DESCRIBED IN OFFICIAL
RECORDS BOOK 5493, AT PAGE 504, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; AND THAT PART OF THE RIGHT-OF-WAY FOR OLD ATLANTIC
AVENUE LYING NORTH OF AND ADJACENT TO THE ABOVE PARCEL WHICH WAS
ABANDONED BY CITY OF DELRAY BEACH RESOLUTION 46-91, RECORDED IN
1
ORD. NO. 5-07
OFFICIAL RECORDS BOOK 8578, PAGE 1191, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
A PARCEL OF LAND IN THE SW !I.i OF THE NE !I.i OF THE SE 'l4 OF SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF THE SW !I.i OF THE NE 'l4 OF THE SE 'l4 OF SAID SECTION 18; THENCE
WESTERLY ALONG THE SOUTH LINE OF SAID SW 'l4, OF THE NE !I.i, OF THE SE !I.i A
DISTANCE OF 364.21 FEET TO A POINT; THENCE NORTHERLY ALONG THE WEST
LINE OF THE EAST 25.00 FEET, OF THE WEST HALF OF SAID SW 'l4 OF THE NE !I.i, OF
THE SE !I.i, A DISTANCE OF 194.50 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE CONTINUE NORTHERLY ALONG THE LAST DESCRIBED
LINE, 170 FEET; THENCE EASTERLY A DISTANCE OF 294.34 FEET; THENCE
SOUTHERLY ALONG A LINE 70.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF THE SW 'l4 OF THE NE 'l4 OF THE SE 'l4, A DISTANCE OF 176.03 FEET; THENCE
WESTERLY, PARALLEL WITH THE SOUTH LINE OF THE SW 'l4 OF THE NE 'l4 OF THE
SE !I.i, 294.25 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
PARCEL I:
A PARCEL OF LAND IN THE SW 'l4 OF THE NE 'l4 OF THE SE !I.i OF SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIDED AS FOLLOWS: BEGINNING AT THE SE CORNER OF
THE SW !I.i OF THE NE 'l4 OF THE SE 'l4 OF SAID SECTION 18; THENCE WESTERLY
ALONG THE SOUTH LINE OF SAID SW 'l4 OF THE NE 'l4 OF THE SE !I.i A DISTANCE OF
70 FEET TO A POINT IN A LINE PARALLEL TO AND 70 FEET WESTERLY FROM
(MEASURED AT RIGHT ANGLES TO) THE EAST LINE OF SAID SW Y4 OF THE NE 'l4 OF
THE SE !I.i; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF
364.50 FEET TO THE POINT OF BEGINNING AND THE SE CORNER OF THE HEREIN
DESCRIDED PARCEL OF LAND; THENCE CONTINUE NORTHERLY ALONG THE
SAME COURSE A DISTANCE OF 305.0 FEET, MORE OR LESS, TO A POINT IN THE
NORTH LINE OF SAID SW 'l4 OF THE NE 'l4 OF THE SE !I.i; THENCE WESTERLY ALONG
SAID NORTH LINE A DISTANCE OF 294.36 FEET, MORE OR LESS, TO THE NW
CORNER OF THE EAST 25 FEET OF SAID WEST 12 OF THE SW !I.i OF THE NE 'l4 OF THE
SE !I.i; THENCE SOUTHERLY ALONG THE WEST LINE OF THE EAST 25 FEET OF SAID
WEST Y2 OF THE SW !I.i OF THE NE !I.i OF THE SE !I.i, A DISTANCE OF 300.8 FEET MORE
OR LESS TO A POINT, SAID POINT BEING 370.53 FEET NORTHERLY FROM THE SW
CORNER THEREOF; THENCE WESTERLY A DISTANCE OF 294.34 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING.
ALSO:
PARCEL II:
THE EAST 25 FEET OR THE PART OF THE WEST 12 OF THE NW 'l4 OF THE NE 'l4 OF
THE SE 'l4, LYING SOUTHEASTERLY OF THE RIGHT-OF-WAY OF STATE ROAD NO.
2
ORD. NO. 5-07
806 IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
THE CONDOMINIUM AS DESCRIBED IN OFFICIAL RECORDS BOOK 5129, PAGE 1906
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "McEWEN LUMBER" ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 38, PAGE 143 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
ALL OF "CONGRESS PARK SOUTH REPLAT" ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 71, PAGE 190 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
19-46-43, WESTERL Y 362.50 FT OF N 200 FT OF NE 1/4 OF NE 1/4 LYING WEST OF THE
WEST RIGHT-OF-WAY LINE OF SEABOARD SYSTEM RAILROAD, INC., FORMERLY
THE SEABOARD AIR LINE RAILROAD & EAST OF THE EAST RIGHT OF WAY LINE
OF CONGRESS AVE
TOGETHER WITH:
A PARCEL OF LAND BEING ALL THAT PART OF THE NORTH 200.00 FEET OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH IS BOUNDED
ON THE EAST BY THE WESTERLY RIGHT-OF-WAY LINE OF SEABOARD SYSTEM
RAILROAD, INC., FORMERLY THE SEABOARD AIR LINE RAILROAD; AND BOUNDED
ON THE WEST BY A LINE PARALLEL WITH THE WESTERLY RAILROAD RIGHT-OF-
WAY LINE AND 447.00 FEET WESTERLY THEREFROM, AS MEASURED ALONG THE
NORTH LINE OF SAID SECTION 19; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 19, THENCE SOUTH
880 18'12" WEST, ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF
563.29 FEET TO THE INTERSECTION THEREOF WITH SAID WESTERLY RIGHT -OF-
WAY LINE AND TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 88018'12" WEST, ALONG SAID NORTH LINE A DISTANCE
OF 447.00 FEET; THENCE, SOUTH 00 52'39" EAST, PARALLEL WITH SAID WESTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 200.02 FEET;
THENCE, NORTH 88018'12" EAST, ALONG A LINE PARALLEL WITH AND 200.00 FEET
SOUTHERLY FROM, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF
SAID SECTION 19, A DISTANCE OF 447.00 FEET TO THE INTERSECTION THEREOF
WITH SAID WESTERLY RIGHT -OF-WAY LINE;
3
ORD. NO. 5-07
THENCE NORTH 0052'39" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 200.02 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 2.052 ACRES, MORE OR LESS, OR
89,385 SQUARE FEET, MORE OR LESS.
TOGETHER WITH:
A TRACT OF LAND LYING IN THE EAST HALF OF THE NE 1f4 OF SECTION 19,
TOWNSHIP 46 SOUTH, RANGE 43 EAST AND DESCRIBED AS BEING:
BOUNDED ON THE NORTH BY THE NORTH 200 FEET OF THE NE 1f4 OF THE NE 1f4 OF
SAID SECTION 19; BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY OF THE
SEABOARD AIRLINE RAILROAD; BOUNDED ON THE SOUTH BY THE SOUTH 2,403
FEET OF THE EAST HALF OF THE NE 1f4 OF SAID SECTION 19, BOUNDED ON THE
WEST BY THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 20TH AVENUE AS SAID
RIGHT OF WAY IS RECORDED IN OFFICIAL RECORDS BOOK 322, PAGE 372, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPTING
THEREFROM THAT RIGHT OF WAY FOR CONGRESS AVENUE AS RECORDED IN
OFFICIAL RECORD BOOK 1798, PAGE 527, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AND RECORDED IN OFFICIAL RECORD BOOK 1880, PAGE 1216.
AND
THAT PART OF THE NORTH 298.00 FEET, MEASURED AT RIGHT ANGLES, OF THE
SOUTH 2,403.00 FEET, MEASURED AT RIGHT ANGLES, OF THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT OF WAY LINE
OF THE SEABOARD AIRLINE RAILROAD AND EAST OF THE EAST RIGHT OF WAY
LINE OF CONGRESS AVENUE (FORMERLY SOUTHWEST 20TH AVENUE) AS SAID
RIGHT OF WAY IS RECORDED IN OFFICIAL RECORD BOOK 1898, PAGE 1133, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SUBJECT TO ZONING RESTRICTIONS, MATTERS APPEARING ON THE PLAT, AND
PUBLIC UTILITY EASEMENTS OF RECORD.
TOGETHER WITH:
A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE
SOUTH 89 DEGREES 12 MINUTES 48 SECONDS WEST (ASSUMED) A DISTANCE OF
945.27 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 19 TO A POINT
IN THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE (106 FEET IN WIDTH
AND AS SHOWN ON ROAD PLAT BOOK 4, PAGE 67 AND ACCORDINGLY DESCRIBED
IN OFFICIAL RECORDS BOOK 1856, PAGE 677); THENCE NORTH 00 DEGREES 27
MINUTES 36 SECONDS WEST A DISTANCE OF 1401.25 FEET ALONG THE EAST
RIGHT-OF-WAY LINE OF CONGRESS AVENUE TO THE POINT OF CURVATURE OF A
CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY A DISTANCE
4
ORD. NO. 5-07
OF 342.79 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 1094.74 FEET
AND A CENTRAL ANGLE OF 17 DEGREES 56 MINUTES 26 SECONDS TO THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE, CONTINUE ALONG
THE ARC OF SAID CURVE A DISTANCE OF 39.54 FEET, HAVING A RADIUS OF 1094.74
FEET AND A CENTRAL ANGLE OF 2 DEGREES 04 MINUTES 10 SECONDS TO THE
POINT OF INTERSECTION WITH ANOTHER CURVE CONCAVE TO THE SOUTHWEST
AND WHOSE RADIUS BEARING SOUTH 77 DEGREES 34 MINUTES 47 SECONDS
WEST; THENCE NORTHWESTERLY A DISTANCE OF 358.71 FEET ALONG THE ARC
OF A CURVE HAVING A RADIUS OF 925.31 FEET AND A CENTRAL ANGLE OF 22
DEGREES 12 MINUTES 42 SECONDS TO A POINT ON THE NORTH LINE OF THE
SOUTH 2,105 FEET OF THE EAST Y2 OF THE NORTHEAST Y4 OF SAID SECTION 19;
THENCE NORTH 89 DEGREES 12 MINUTES 48 SECONDS EAST A DISTANCE OF 584.75
FEET PARALLEL WITH THE EAST-WEST CENTERLINE OF SAID SECTION 19 TO A
POINT IN THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD;
THENCE SOUTH 00 DEGREES 27 MINUTES 36 SECONDS EAST A DISTANCE OF 366.23
FEET ALONG THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE
RAILROAD; THENCE SOUTH 89 DEGREES 12 MINUTES 48 SECONDS WEST A
DISTANCE OF 432.23 FEET PARALLEL WITH THE EAST -WEST CENTERLINE OF SAID
SECTION 19 TO THE POINT OF BEGINNING.
LESS HOWEVER,
A PORTION OF THE NORTHEAST ONE-QUARTER (NE Y4) OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE
SOUTH 88 DEGREES 47 MINUTES 26 SECONDS WEST ALONG THE EAST-WEST
CENTERLINE OF SAID SECTION 19, A DISTANCE OF 944.74 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS RECORDED IN
OFFICIAL RECORDS BOOK 1856, PAGE 679 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AS LAID OUT AND IN USE; THENCE NORTH 00
DEGREES 52 MINUTES 38 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 1401.92 FEET TO THE POINT OF CURVATURE IF A CIRCULAR
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1094.74 FEET, AND A
CENTRAL ANGLE OF 17 DEGREES 56 MINUTES 29 SECONDS; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 342.80 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE ARC OF SAID
CURVE, HAVING A CENTRAL ANGLE OF 02 DEGREES 07 MINUTES 21 SECONDS,
AND ARC DISTANCE OF 40.56 FEET TO A POINT ON A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 925.31 FEET, AND A CENTRAL ANGLE OF 06
DEGREES 41 MINUTES 29 SECONDS, WHOSE RADIUS BEARS SOUTH 77 DEGREES 03
MINUTES 29 SECONDS WEST FROM SAID POINT; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE AND ALONG A PORTION OF THE EAST RIGHT-OF-WAY LINE
OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 322, AT PAGE
372 AS LAID OUT AND IN USE OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA A DISTANCE OF 108.06 FEET TO A POINT ON A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 1108.74 FEET AND A CENTRAL ANGLE OF 07
DEGREES 55 MINUTES 25 SECONDS, WHOSE RADIUS BEARS SOUTH 63 DEGREES 29
MINUTES 14 SECONDS WEST FROM SAID POINT; THENCE SOUTH 88 DEGREES 47
5
ORD. NO. 5-07
MINUTES 26 SECONDS WEST A DISTANCE OF 14.68 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH:
PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE QUARTER SECTION CORNER IN THE EAST LINE OF SAID
SECTION 19; THENCE SOUTH 89027'44" WEST (ASSUMED) ALONG THE EAST-WEST
QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF 945.09 FEET TO A
POINT IN THE EAST RIGHT-OF-WAY OF CONGRESS AVENUE, THENCE NORTH
00012'55" WEST ALONG THE EAST RIGHT-OF-WAY OF SAID CONGRESS AVENUE, AS
SHOWN ON ROAD PLAT BOOK 4, PAGES 4, 66, 67 AND 68 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 1180.00 FEET TO THE POINT
OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE
NORTH 00012'55" WEST ALONG THE EAST LINE OF SAID CONGRESS AVENUE, A
DISTANCE OF 221.24 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
TO THE WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 1094.74 FEET AND A CENTRAL ANGLE OF 17056'29", A
DISTANCE OF 342.80 FEET; THENCE NORTH 89027'44" EAST AND PARALLEL WITH
THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF
432.51 FEET TO A POINT IN THE WEST RIGHT-OF-WAY OF THE SEABOARD AIRLINE
RAILROAD; THENCE SOUTH 00012'55 EAST ALONG SAID WEST RIGHT-OF-WAY
LINE OF THE SEABOARD AIRLINE RAILROAD, A DISTANCE OF 558.77 FEET;
THENCE SOUTH 89027'44" WEST AND PARALLEL WITH SAID EAST-WEST QUARTER
SECTION LINE OF SAID SECTION 19, A DISTANCE OF 379.17 FEET TO THE POINT OF
BEGINNING AFOREDESCRIBED.
LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY SET
FORTH AS PARCEL 109 IN THAT STIPULATED FINAL JUDGEMENT FILED IN PALM
BEACH CIRCUIT COURT UNDER CASE NO. CL-98-4197(AA) AND RECORDED IN
OFFICAL RECORDS BOOK 5819, PAGE 401. SAID LANDS SITUATE, LYING AND
BEING IN PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE NORTH 115.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: A TRACT OF
LAND LYING IN THE EAST HALF (E Yz) OF THE NORTHEAST QUARTER (NE ~) OF
SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING WEST OF THE WEST
RIGHT-OF-WAY LINE OF SEABOARD AIRLINE RAILROAD AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE QUARTER CORNER IN THE EAST LINE OF SECTION 19,
TOWNSHIP 46 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE
WESTERLY ALONG THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 991.27
FEET, THENCE NORTHERLY, PARALLEL TO THE WEST RIGHT-OF-WAY OF
SEABOARD AIRLINE RAILROAD, A DISTANCE OF 55.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE PRECEDING COURSE A
DISTANCE OF 1125.00 FEET; THENCE EASTERLY, PARALLEL TO SAID CENTERLINE
6
ORD. NO. 5-07
OF SECTION 19, A DISTANCE OF 425.00 FEET TO A POINT IN THE WESTERLY RIGHT-
OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY,
ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 1125.00 FEET; THENCE
WESTERLY, PARALLEL TO AND 55.00 FEET NORTH (MEASURED AT RIGHT
ANGLES) OF THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 425.00 FEET
TO THE POINT OF BEGINNING, LESS THE WEST 46.00 FEET THEREOF.
TOGETHER WITH:
LEGAL DESCRIPTION OF PROPERTY LOCATED AT 785 SOUTH CONGRESS AVENUE
DELRA Y BEACH, FLORIDA
A TRACT OF LAND LYING IN THE EAST HALF (E Yz) OF THE NORTHEAST QUARTER
(NE \14) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST LYING WEST OF THE
WEST RIGHT-OF-WAY LINE OF SEABOARD AIRLINE RAILROAD AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE QUARTER CORNER ON THE EAST LINE OF SECTION 19,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE
WESTERLY ALONG THE CENTERLINE OF SAID SECTION 19, A DISTANCE IF 991.27
FEET; THENCE NORTHERLY, PARALLEL TO THE WEST RIGHT-OF-WAY LINE OF
SEABOARD AIRLINE RAILROAD, A DISTANCE OF 835.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE PRECEDING COURSE A
DISTANCE OF 230.00 FEET; THENCE EASTERLY, PARALLEL TO SAID CENTERLINE
OF SECTION 19, A DISTANCE OF 425 FEET TO A POINT ON THE WESTERLY RIGHT-
OF-WAY LINE OF SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY, ALONG
SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 230.00 FEET, THENCE WESTERLY,
PARALLEL TO THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 425.00 FEET
TO THE POINT OF BEGINNING. LESS THE WEST 46 FEET THEREOF.
ALSO LESS THE FOLLOWING PARCEL:
A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 19, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE
P ARTICULARL Y DECRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE
SOUTH 88047'26" WEST, ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 19
A DISTANCE OF 565.74 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE
OF THE SEABOARD AIRLINE RAILROAD; THENCE NORTH 00052'38" WEST, ALONG
SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 835.00 FEET; THENCE
SOUTH 88047'26" WEST A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING,
THENCE SOUTH 88047'26" WEST A DISTANCE OF 14.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL
RECORDS BOOK 1861, AT PAGE 1339, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 1861, AT PAGE
1339 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS LAID OUT
IN USE; THENCE NORTH 00052'38" WEST ALONG SAID EASTERLY RIGHT-OF WAY
LINE A DISTANCE OF 230.00 FEET; THENCE NORTH 88047'26" EAST, A DISTANCE OF
14.00 FEET; THENCE SOUTH 00052'38" EAST, A DISTANCE OF 230.00 FEET TO THE
POINT OF BEGINNING.
7
ORD. NO. 5-07
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA AND CONTAINING 3,220 SQUARE FEET MORE OR LESS.
TOGETHER WITH:
PORTIONS OF LOTS 9,10,16 AND 17, MODEL LAND COMPANY'S SUBDNISION OF
THE SOUTHEAST ONE-QUARTER (SE ~) AND EAST HALF (E 1'2) OF THE NORTHEAST
QUARTER (NE ~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK6, PAGE 53, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
PARCEL No. I
THE SOUTH 150.0 FEET OF THE NORTH 855.0 FEET OF THE WEST 325.0 FEET OF THE
EAST 425.0 FEET OF THAT PART OF THE SOUTHEAST QUARTER (SE ~) OF SECTION
19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY,
FLORIDA LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD
AIRLINE RAIL WAY (NOW KNOWN AS THE CSX RAILWAY).
LESS AND EXCEPT THE FOLLOWING PARCEL, TO WIT:
A PORTION OF THE SOUTHEAST ONE-QUARTER (SE ~) OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED
AS THE SOUTH 150.0 FEET OF THE NORTH 855.0 FEET OF THE WEST 325.0 FEET OF
THE EAST 425.0 FEET OF THE PART OF THE SOUTHEAST QUARTER (SE ~) OF SAID
SECTION 19 LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD
AIRLINE RAILROAD; THENCE NORTH 88047'26" EAST, A DISTANCE OF 49.00 FEET
TO A POINT ON A CURVE CONCAVE EASTERL Y HAVING A RADIUS OF 5666.58
FEET, A CENTRAL ANGLE OF 01031'00", WHOSE RADIUS BEARS NORTH 89007'53"
WEST FROM SAID POINT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE,
A DISTANCE OF 150.01 FEET; THENCE SOUTH 88047'26" WEST, A DISTANCE OF 50.99
FEET TO A POINT ON THE EXISTING EASTERLY RIGHT -OF - WAY LINE OF
CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 2450, PAGE 657,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS LAID OUT AND
IN USE; THENCE NORTH 00052'07" WEST ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING, AS DESCRIDED IN
RIGHT-OF-WAY WARRANTY DEED TO PALM BEACH COUNTY RECORDED IN
OFFICIAL RECORDS BOOK 5566, PAGE 743 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA.
PARCEL II
THE EAST 100.0 FEET OF THE SOUTH 150.0 FEET OF THE NORTH 855.0 FEET OF THE
EAST 425.0 FEET OF THAT PART OF THE SOUTHEAST QUARTER (SE ~) OF SECTION
8
ORD. NO. 5-07
19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY,
FLORIDA LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD
AIRLINE RAIL WAY (NOW KNOWN AS C.S.x. RAIL WAY).
PARCEL No. III
THE SOUTH 250 FEET OF THE NORTH 705 FEET OF THE EAST 425 FEET OF THAT
PART OF THE SOUTHEAST QUARTER (SE 'i4) OF SECTION 19, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA LYING WEST OF THE WEST
RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILWAY (NOW KNOWN AS
CSX RAILWAY).
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL, TO WIT:
A PORTION OF THE SOUTHEAST ONE-QUARTER (SE 'i4) OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 705.00 FEET
SOUTH OF, AS MEASURED AT RIGHT ANGLES, TO THE NORTH LINE OF SAID
SOUTHEAST ONE-QUARTER (SE 'i4) AND THE EAST RIGHT-OF-WAY LINE OF
CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 2450, PAGE 657
OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH
00052'07" WEST ALONG SAID EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE, A
DISTANCE OF 250.00 FEET; THENCE NORTH 88047'26" EAST, A DISTANCE OF 46.00
FEET; THENCE SOUTH 00052'07" EAST, A DISTANCE OF 249.99 FEET TO A POINT OF
CURV ATURE OF A CIRCULAR CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 5669.58 FEET, A CENTRAL
ANGLE OF 0000'01" AND AN ARC DISTANCE OF 0.02 FEET; THENCE SOUTH 88047'26"
WEST, A DISTANCE OF 46.00 FEET TO THE POINT OF BEGINNING, AS DESCRIBED IN
ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5769, AT PAGE 879
AND IN FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 6889, PAGE
1864 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "ARCHER LINPRO CENTER" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 64 AT PAGE 38 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LEGAL DESCRIPTION: 19-46-43, E 379 FT OF S 800 FT OF N 1655 FT OF SE 'i4 L YG W OF
SAL RR R/W (LESS WL Y 49FT CONGRESS AVE RD R/W).
9
ORD. NO. 5-07
TOGETHER WITH:
ALL OF "CORPORATE TECH CENTER" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 47, PAGE 152 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "CORPORATE TECH CENTER PLAT No.2" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 54, PAGE 177 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE NORTH 66.5 FEET OF THE SOUTH 1406.7 FEET OF THE SOUTHEAST ~ LYING
BETWEEN THE S.A.L. RAILROAD RIGHT OF WAY AND CONGRESS AVENUE, ALL
LYING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH GAP PARCELS NOS. 1, 2 AND 3 DESCRIBED ON SHEETS 1
THROUGH 6 ATTACHED HERETO AND MADE PART THEREOF.
THREE PARCELS OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 30,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRA Y BEACH, PALM BEACH
COUNTY, FLORIDA, SAID PARCELS OF LAND BEING MORE PARTICULARLY
DESCRIDED AS FOLLOWS:
GAP PARCEL NO.1:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 30 ( CORNER
LOCATION AND SOUTH LINE OF THE SOUTHEAST QUARTER AS DETERMINED BY
THE PALM BEACH COUNTY ENGINEERING DEPARTMENT); THENCE N 89055 'OO"W
(THE BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING NOoo18'55"W
AS SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL P ARK, PLAT BOOK 46 ON
PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE
WEST RIGHT OF WAY LINE OF THE CSX RAILRAOD PREVIOUSLY KNOWN AS THE
SEABOARD COASTLINE RAILRAOD), ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE
INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS
LAID OUT AND IN USE; THENCE NOoo18'55"W, ALONG SAID WEST RIGHT OF WAY
LINE, A DISTANCE OF 1342.92 FEET TO THE INTERSECTION WITH THE
MONUMENTED NORTH LINE OF THE PLAT OF CORPORATE TECH CENTER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 47 ON PAGE
152 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
S89011 '30"W, ALONG SAID MONUMENTED NORTH LINE OF CORPORATE TECH
CENTER ACCORDING TO A SURVEY ON FILE IN THE OFFICES OF PARAMOUNT
ENGINEERING GROUP, INe. UNDER JOB NO. 2928 DATED 08/07/03, A DISTANCE OF
176.25 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE S89011 '30"W ALONG
SAID MONUMENTED NORTH LINE, A DISTANCE OF 218.76 FEET TO THE
INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE AS
DESCRIDED BY SAID PLAT OF CORPORATE TECH CENTER; THENCE NOo018'55"W
ALONG SAID EAST RIGHT OF WAY LINE OF CONGRESS AVENUE, A DISTANCE OF
10
ORD. NO. 5-07
3.34 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 66.5 FEET
OF THE SOUTH 1406.7 FEET OF THE SAID SOUTHEAST QUARTER OF SECTION 30;
THENCE S89056'00"E ALONG SAID SOUTH LINE, A DISTANCE OF 218.76 FET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 365.44 SQUARE FEET, MORE
OR LESS.
TOGETHER WITH GAP PARCEL NO.2
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 30 (CORNER
LOCATION AND SOUTH LINE OF SOUTHEAST QUARTER AS DETERMINED BY THE
PALM BEACH COUNTY ENGINEERING DEPARTMENT); THENCE N89055'00"W (THE
BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING N 00oI8'55"W AS
SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL PARK, PLAT BOOK 46 ON
PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE
WEST RIGHT OF WAY LINE OF THE CSX RAILROAD PREVIOUSLY KNOWN AS THE
SEABOARD COASTLINE RAILROAD), ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE
INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS
LAID OUT AND IN USE; THENCE NOooI8'55"W ALONG SAID WEST RIGHT OF WAY
LINE, A DISTANCE OF 1406.73 FEET TO THE POINT OF BEGINNING AND
INTERSECTION WITH THE NORTH LINE OF THE NORTH 66.5 FEET OF THE SOUTH
1406.7 FEET OF THE SAID SOUTHEAST QUARER OF SECTION 30, THENCE
N89056'00"W ALONG SAID NORTH LINE, A DISTANCE OF 6.04 FEET TO
INTERSECTION WITH THE MONUMENTED SOUTH LINE OF THE PLAT OF PALM
COAST INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE N89011 '30"E ALONG SAID MONUMENTED SOUTH LINE OF PALM
COAST INDUSTRIAL PARK ACCORDING TO A SURVEY ON FILE IN THE OFFICES OF
PARAMOUNT ENGINEERING GROUP, INC. UNDER JOB NO. 2928 DATED 08/07/03, A
DISTANCE OF 6.04 FEET TO THE INTERSECTION WITH THE SAID WEST RIGHT OF
WAY LINE OF THE CSX RAILROAD; THENCE SOooI8'55"E ALONG SAID WEST RIGHT
OF WAY LINE, A DISTANCE OF 0.09 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.28 SQUARE FEET, MORE
OR LESS.
AND TOGETHER WITH GAP PARCEL NO.3:
COMMENCE A THE SOUTHEAST CORNER OF SAID SECTION 30 (CORNER LOCATION
AND SOUTH LINE OF THE SOUTHEAST QUARTER AS DETERMINED BY THE PALM
BEACH COUNTY ENGINEERING DEPARTMENT);THENCE N89055'00"W (THE
BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING NOooI8'55"W AS
SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL PARK, PLAT BOOK 46 ON
PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE
WEST RIGHT OF WAY LINE OF THE CSX RAILROAD PREVIOUSLY KNOWN AS THE
SEABOARD COASTLINE RAILROAD), ALONG THE SOUTH LINE OF SAID SOUTHEST
QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE INTERSECTION
WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS LAID OUT AND
IN USE; THENCE NOoo18'55"W ALONG SAID WEST RIGHT OF WAY LINE, A
11
ORD. NO. 5-07
DISTANCE OF 1517.15 FEET TO THE POINT OF BEGINNING AND INTERSECTION
WITH THE MONUMENTED NORTH LINE OF THE PLAT OF PALM COAST
INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE S89011 '30"W ALONG SAID MONUMENTED NORTH LINE OF
PALM COAST INDUSTRIAL PARK, ACCORDING TO A SURVEY ON FILE IN THE
OFFICES OF PARAMOUNT ENGINEERING GROUP, INC. UNDER JOB NO. 2928 DATED
08/07/03, A DISTANCE OF 395.01 FEET TO THE INTERSECTION WITH THE EAST
RIGHT OF WAY LINE OF CONGRESS AVENUE AS DESCRffiED BY SAID PLAT OF
PALM COAST INDUSTRIAL PARK, THENCE NOoo18'55"W ALONG SAID EAST RIGHT
OF WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 2.73 FEET TO THE
INTERSECTION WITH THE NORTH LINE OF SAID PALM COAST INDUSTRIAL PARK
ACCORDING TO THE DESCRIPTION OF SAID PLAT; THENCE N89012'30"E ALONG
SAID DESCRffiED NORTH LINE OF PALM COAST INDUSTRIAL PARK, A DISTANCE
OF 395.01 FEET TO THE INTERSECTION WITH THE SAID WEST RIGHT OF WAY LINE
OF THE CSX RAILROAD, THENCE SOoo18'55"E ALONG SAID WEST RIGHT OF WAY
LINE, A DISTANCE OF 2.62 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1057.04 SQUARE FEET, MORE
OR LESS.
TOGETHER WITH:
ALL OF "PALM COAST INDUSTRIAL PARK" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 46, PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
A PARCEL OF LAND IN THE SOUTHEST QUARTER (SE 1/4) OF SECTION 19,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, MORE PARTICULARLY DESCRffiED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF
SOUTHWEST 10TH STREET, ALSO KNOWN AS LOWSON BOULEVARD, AND THE
WEST RIGHT OF WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE
SOUTHERLY, ALONG SAID RAILROAD RIGHT OF WAY LINE, 400.00 FEET; THENCE
WESTERLY, PARALEL WITH THE SOUTH RIGHT OF WAY LINE OF S.W. 10TH STREET,
365.00 FEET TO A LINE 67.00 FEET EAST OF AND PARALLEL WITH THE CENTER
LINE OF CONGRESS AVENUE AS SHOWN ON ROAD PLAT BOOK 4 AT PAGES 66 AND
67, PALM BEACH COUNTY PUBLIC RECORDS; THENCE NORTHERLY, ALONG SAID
PARALLEL LINE, 250.00 FEET TO A LINE 150.00 FEET SOUTH OF AND PARALLEL
WITH THE SAID SOUTH RIGHT OF WAY LINE OF S.W. 10TH STREET; THENCE
EASTERLY ALONG SAID PARALLEL LINE, 90.00 FEET; THENCE NORTHERLY, AND
PARALLEL WITH THE SAID CENTERLINE OF CONGRESS AVENUE 150.00 FEET TO
THE SAID SOUTH RIGHT OF WAY LINE; THENCE EASTERLY ALONG SAID SOUTH
RIGHT OF WAY LINE 275.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
12
ORD. NO. 5-07
A PARCEL OF LAND IN THE SOUTHEAST CORNER (SE Y4) OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF S.W.
10TH STREET, ALSO KNOWN AS LOWSON BOULEVARD AND THE WEST RIGHT-OF-
WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE WESTERLY ALONG
THE SAID SOUTH RIGHT-OF-WAY LINE OF S.W. 10TH STREET, 275.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE WESTERLY ALONG THE SAID SOUTH
RIGHT-OF-WAY LINE 65.14 FEET TO A CURVE CONCAVE SOUTHEASTERLY WITH A
RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 40 MINUTES 50
SECONDS, SAID CURVE BEING TANGENT TO SAID SOUTH RIGHT-OF-WAY LINE
AND TANGENT TO A LINE 67.0 FEET EAST OF AND PARALLEL WITH THE
CENTERLINE OF CONGRESS AVENUE, AS SHOWN IN ROAD PLAT BOOK 4, PAGES 66
AND 67; THENCE SOUTHWESTERLY ALONG THE CHORD OF SAID CURVE 35.26
FEET; THENCE SOUTHERLY, ALONG THE SAID LINE 67.0 FEET EAST OF THE
CENTERLINE OF CONGRESS AVENUE, 125.14 FEET TO A LINE 150.00 FEET SOUTH OF
THE SOUTH RIGHT-OF-WAY LINE OF S.W. 10TH STREET; THENCE EASTERLY ALONG
SAID PARALLEL LINE 90.00 FEET; THENCE NORTHERLY AND PARALLEL WITH THE
CENTERLINE OF CONGRESS AVENUE, 150.00 FEET TO THE POINT OF BEGINNING
AFOREDESCRIBED.
TOGETHER WITH:
ALL OF "LINTON SQUARE" ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 50, PAGE 110 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE RUN NORTH 89
DEGREES, 55 MINUTES, 53 SECONDS WEST 700.10 FEET ALONG THE SOUTH LINE OF
SAID SECTION 30 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY
LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN NORTH 00
DEGREES, 18 MINUTES, 55 SECONDS WEST 120.00 FEET ALONG SAID WEST RIGHT-
OF-WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY
LINE OF THE C-15 CANAL; THENCE RUN NORTH 89 DEGREES, 55 MINUTES, 53
SECONDS WEST 395.01 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT
OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE
AS NOW CONSTRUCTED AND IN USE; THENCE RUN NORTH 00 DEGREES, 18
MINUTES, 55 SECONDS WEST 1393.85 FEET TO A POINT, WHICH IS THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 00 DEGREES, 18 MINUTES, 55 SECONDS
WEST 771.93 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT; THENCE
RUN NORTH 89 DEGREES, 12 MINUTES, 30 SECONDS EAST 395.01 FEET TO A POINT
OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD
COASTLINE RAILROAD; THENCE RUN SOUTH 00 DEGREES, 18 MINUTES, 55
SECONDS EAST 771.93 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT;
THENCE RUN SOUTH 89 DEGREES, 12 MINUTES, 30 SECONDS WEST 395.01 FEET
BACK TO THE POINT OF BEGINNING.
13
ORD. NO. 5-07
TOGETHER WITH:
ALL OF "CONGRESS PARK REPLA T" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 86 AT PAGE 29 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "CONGRESS PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 44 AT PAGE 194 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
ALL OF "CONGRESS PARK OFFICE," A CONDOMINIUM, ACCORDING TO THE
DECLARATION OF CONDOMINIUM, AS RECORDED ON O.R. BOOK 19762, PAGE 108,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTH 200.00 FEET OF THE NORTH 253.00 FEET OF THE WEST 248.00 FEET OF
THE EAST 425.00 FEET OF THE PART OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING
WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILWAY;
LESS AND NOT INCLUDING THE FOLLOWING DESCRIBED PARCEL:
BEGIN AT THE NORTHWEST CORNER OF THE AFORE DESCRIDED; THENCE
SOUTHERLY, ALONG THE WEST LINE OF THE ABOVE DESCRIBED PARCEL, BEING
THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE (S.W. 20TH AVE.), A
DISTANCE OF 116.89 FEET; THENCE NORTHEASTERLY, MAKING AN ANGLE WITH
THE PRECEEDING COURSE MEASURED FROM NORTH TO EAST, OF 16003'12", A
DISTANCE OF 110.02 FEET; THENCE EASTERLY MAKING AN ANGLE WITH THE
PRECEEDING COURSE, MEASURED FROM SOUTH TO EAST, OF 194046'41" A
DISTANCE OF 217.75 FEET TO APOINT IN THE EAST LINE OF THE PARCEL
PREVIOUSLY DESCRIDED; THENCE NORTHERLY, ALONG THE SAID EAST LINE, A
DISTANCE OF 19.00 FEET TO A POINT IN A LINE 53.00 FEET SOUTH OF AND
PARALLEL WITH THE NORTH LINE OF SAID SECTION 30; TOWNSHIP 46 SOUTH,
RANGE 43 EAST, SAID PARALLEL LINE BEING THE SOUTH RIGHT-OF-WAY LINE OF
S.W. 12TH STREET AS PRESENTLY LAID OUT: THENCE WESTERLY, ALONG SAID
PARALLEL LINE, A DISTANCE OF 248.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
ALL OF "ATRIUM AT CENTRE DELRAY" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 42 AT PAGE 133 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "GARDENS AT CENTRE DELRAY" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 43 AT PAGE 49 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
14
ORD. NO. 5-07
TOGETHER WITH:
ALL OF "ARBORS AT CENTRE DELRA Y" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 43, PAGE 166 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "LAKESIDE AT CENTRE DELRAY REPLAT" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 77, PAGE 49 OF THE PUBLIC REOCRDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "TERRACES AT CENTRE DELRAY REPLAT" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 77, PAGE 51 OF THE PUBLIC REOCRDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "CATALFUMO P.O.c. PLAT" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 77, PAGE 53 OF THE PUBLIC REOCRDS OF PALM BEACH
COUNTY, FLORIDA.
15
ORD. NO. 5-07
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
January 22, 2007
IV.A.
A City initiated Rezoning from rezoning from MIC (Mixed Industrial and Commercial), pac
(Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC
(Planned Commerce Center) to MROC (Mixed Residential, Office and Commercial) for
properties generally located south of West Atlantic Avenue b~tween Congress Avenue and 1-
95 south to the City limits including Office Depot, Congress Park, and Congress Park South
made up of 63 parcels totaling 225.50 acres.
MEETING DATE:
AGENDA ITEM:
IT'EM:
GENERAL DATA:
Owner/Applicant............................... City of Delray Beach
Agent................................................ City of Delray Beach
Location............................................ Between Congress Avenue and 1-95 south to
the City limits including the Office Depot,
Congress Park, and Congress Park south
sites.
Property Size.................................... 225.50 aces,
Existing Future Land Use Map CMR (Commerce),TRN (Transitional)
Designations................................. CF(Community Facilities), and GC (General
Commercial)
Proposed City Future Land'Use Map CMU (Congress Avenue Mixed Use)
DesignatiOrl. .....................................
Existing City Zoning.......................... MIC (Mixed Industrial and Commercial) CF
(Community Facilities), PC (Planned
Commercial) , PCC (Planned Commerce
Center) and pac (Planned Office Center)
Proposed City Zoning....................... MROC (Mixed Residential Office and
Commercial
Adjacent Zoning.................... North: City MIC (Mixed Industrial and Commercial)
and GC (General Commercial)
East: CD(Conservation District and 1-95
South: Boca - Mixed Use District
West: OSR (Open Space and Recreational), OS
(Open Space) and RM (Residential Medium
Density) and R-1A (Highlands Subdivision)
Existing Land Use............................. Office and Commercial corridor.
Proposed Land Use.......................... Mixed use including office, commercial and
residential.
Water Service................................... Water service is available from various mains
in the corridor ~
Sewer Service................................... Sewer service is available from various mains~ '
in the corridor '
IV.A.
The action before the Board is making a recommendation to the City Commission on a City
initiated rezoning from MIC (Mixed Industrial and Commercial), POC (Planned Office Center),
CF (Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to
MROC (Mixed Residential, Office and Commercial) for properties generally located south of
West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits including the
Office Depot, Congress Park, and Congress Park South office complexes. The Rezoning
actions involve 63 parcels totaling approximately 225.50 acres.
Pursuant to Section 2.2.2(E) (6) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
The proposal involves 63 parcels, which are located within the Congress Avenue Corridor
development area. Some of the lots are vacant while others contain general office uses,
governmental office uses, industrial type uses, and commercial uses.
A City initiated Comprehensive Plan amendment establishing the Congress Avenue Mixed Use
Land Use Map category and changing the land use designation of parcels in the Congress
Avenue Corridor was processed as part of Comprehensive Plan Amendment 2007-1. The mixed
use category encourages a mixed of commercial, office, and residential uses, and established
maximum thresholds for each type of use. In addition a LDR text amendment was approved by
City Commission on December 5, 2006 which created a new zoning district called MROC
(Mixed Residential, Office and Commercial) which will be applied to parcels having the new
Congress Avenue Mixed Use (CMU) land use designation.
The primary function of both the new land use category (CMU) and the new zoning district
(MROC) is to attract Class A office development and to that end 100% of the sites designated
mixed use can be developed with office and research and development type uses. General
retail uses including direct support services and other retail uses would be limited to 20% of the
overall building square footage. Multifamily development up to a maximum density of 40 units
per acre, and 50 units per acre within 2,500 feet of the Tri Rail station are proposed. These
would be limited to a maximum of 100%, 80% and 75% of building square footage depending
on there distance from the Tri-rail station. A minimum of 20% of these residential units are to be
workforce housing units, are to moderately priced units, and are subject to LOR Section 4.7.
Buildings heights of a maximum of 85 feet are allowed. All floors above 42 feet are required to
have facades offset and varied.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the Land
Development Regulations.
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.
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
A new zoning district will be consistent with the Congress Avenue Mixed Use (CMU) category
being applied to these properties via Comprehensive Plan Amendment 2007-1. The rezoning
will also be consistent with policies of the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development of
Class A Corporate office space. The rezoning specifically implements Comprehensive Plan
Land Use Element and Housing Element policies which encourage provision of diverse housing
opportunities Le. workforce housing, and transit orientated housing through innovative
development practices. The rezoning also implement the adopted Florida Public Officials
Design Institutes report recommendations to establish a corridor overlay district to encourage
mixed use development with commercial or office on the ground floor and residential above
utilizing new urbanism design elements.
The proposed FLUM Amendment 2007-1 (proposed adoption date of February 6, 2007) will
assign a Future Land Use Map designation of Congress Avenue Mixed Use (CMU) to these
properties within the corridor. The proposed new zoning district MROC (Mixed Residential,
Office and Commercial) District will be consistent with this CMU Land Use Map designation.
Sased upon the above, a positive finding with respect to Future Land Use Map consistency can
be made. The remaining required findings of LDR Section 3.1.1, Concurrency,
Comprehensive Plan Consistency and Compliance with the Land Development
Regulations are discussed below.
· Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves rezoning properties from MIC (Mixed Industrial and Commercial), POC
(Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC
(Planned Commerce Center) to MROC (Mixed Residential Office and Commercial). The
proposed rezoning will result in an increased impact on adopted concurrency standards.
Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and
Water and Sewer are discussed below:
Water and Sewer: Water and Sewer service is available to all properties in the corridor many
from existing mains. With any development of these parcels, installation of water and sewer
mains, fire hydrants, and drainage improvements must be accommodated. The location of these
improvements will depend upon site design layout of any proposed development(s).
The proposed rezoning to MROC will increase the demand on these public services; however,
adequate capacity exists to accommodate the proposal. Pursuant to the Comprehensive Plan
adequate water and sewer treatment capacity exists to meet the adopted level of service
standards at the City's build-out. Thus, a positive finding with respect to this level of service
standard can be made.
Traffic: Congress Avenue is classified as a County Principal Arterial Road. Congress Avenue
currently operates at Level of Service "S" from West Atlantic Avenue to the C-15 canal. With
individual developments a traffic study will be required and traffic concurrency must be met.
The City has received a traffic study based upon the maximum potential density permitted for
each and every parcel within the proposed CMU designation. When compared to the maximum
development potential under the current zoning designations thesis new zoning category will not
increase the traffic generated by the corridor. This information will be transmitted to DCA as
part of the 2007-1 comprehensive Plan ORC report
2
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
Drainaae: Any development of the site will be required to retain drainage on-site in compliance
with South Florida Water Management District (SFWMD) requirements. There are no problems
anticipated complying with SFWMD requirements.
Parks and Recreation: The Open Space and Recreation Element of the Comprehensive Plan
indicate 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 individual
projects may have on the City's recreational facilities. Pursuant to Land Development
Regulations (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 residential unit.
Schools: A finding of School Concurrency will be required from the School District of Palm
Beach County with future residential development within the corridor. No concerns are noted at
this time.
Solid Waste: 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.
Thus, positive findings can be made at this time with regard to concurrency for all services and
facilities.
· Consistency - As noted below the rezoning request is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan. Further a
finding of overall consistency may be made even though the action will be in conflict
with some individual performance standards contained within Article 3.2, provided
that the approving body specifically finds that the beneficial aspects of the proposed
project (hence compliance with some standards) outweighs the negative impacts of
identified points of conflict.
A review of the Goals, Objectives and Policies of the Comprehensive Plan was
conducted and the following is applicable to this rezoning action:
Future Land Use Element Obiective A-5 The City shall maintain its Land Development
Regulations, which shall be regularly reviewed and updated, to provide streamlining
of processes and to accommodate planned unit developments (PUD), mixed-use
developments, and other innovative development practices.
These rezonings involve the application of a newly created mixed use zoning designation
which promotes a mixed of office, support commercial, and a diversity of housing within the
Congress Avenue corridor.
Future Land Use Element Policy A-1.9 The City shall create an overlay district for the
Congress Avenue Corridor and the Land Development Regulations shall be modified
to facilitate and encourage the development of Class A corporate offices within the
district.
While this is not an overlay district it accomplishes the same goals i.e. introducing mixed use
development potential to the corridor. The creation of a mixed use land use map category and
applying a new zoning designation is a much cleaner way to achieve this goal.
Future Land Use Element Obiective A-7 To encourage the provision of workforce
housing in the City, the following policies shall be implemented.
3
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
Housina 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:
The introduction of housing options to this corridor presents a great option to provide a variety of
housing types with an emphasis on workforce and transit oriented housing.
These rezonings also implements the adopted Florida Public Officials Design Institutes report
recommendations to establish a corridor overlay district to encourage mixed use development
with commercial or office on the ground floor and residential above utilizing new urbanism
design elements.
Future Land Use Element Obiective A-1: Properly shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject properties contain general office uses, governmental office uses, industrial type
uses, commercial uses and vacant land. Redevelopment of these properties will occur in a
manner which is compatible with the prevailing commercial corridor. Redevelopment under this
new zoning designation will also fulfill remaining land use needs i.e. Class A office space along
with a diversity of housing including a transit orientated and workforce housing component.
This redevelopment will also support development of mix of commercial and research and
development type uses which are identified within the Comprehensive plan as the most needed
in the City as we approach build out (Future Land Use Element Policy A1.3).
Section 3.2.2 (Standards for Rezonina Actions): Standards A, B, C and E are not
applicable. The applicable performance standards of Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina Desianation:
Use:
North:
General Commercial (GC), Planned Commercial
(PC), and Medium Density Residential (RM)
Open Space (OS), Open Space and Recreation
(OSR), and Industrial (I)
1-95 Corridor
Open Space Recreation (OSR), Open Space
(OS), Planned Commercial (PC), Residential
Medium Density (RM)and Single Family
Residential (R-1A)
Shopping Plaza, Gas Station, and
Multifamily Residential Uses
Golf Course, Park, and Hardrives
South:
East:
West:
Transportation Corridor
Golf Course, Park, Shopping
Center, and Single and Multifamily
Residential Uses.
4
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
The proposal will rezone 225.50 acres from MIC (Mixed Industrial and Commercial), POC
(Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC
(Planned Commerce Center) to MROC (Mixed Residential Office and Commercial). This district
will allow a wide range of uses including Class A office development, general retail uses
including direct support services and other retail uses and multifamily development. Given the
potentially wide range of uses that can be accommodated under the new zoning designation,
compatibility with similar adjacent uses is anticipated. Further, individual development
proposals will be reviewed for compatibility during the processing of the Master Development
Plans and the related site plans. Based upon the above, positive findings with regard to LOR
Section 3.2.2(0) can be made.
. Compatibility - The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The mixed use corridor currently contains a mix of commercial, industrial, and office uses. To
the east the corridor abuts Interstate 95, to the north and south other commercial! office uses
within the City of Delray and Boca Raton, ands to the west by a mix of open space (Golf Course
and Delray Oaks preserve) one single family subdivision and medium density housing. The
related zoning district which will be applied to this land use category will promote Class A office
and additional residential development. The introduction of these uses will be more compatible
than the uses currently allowed. Internal compatibility between the mixes of uses will be
addressed through the master plan process required in the new zoning district. Based upon the
above, the proposed rezoning action is compatible with the existing and future land uses of the
surrounding area, and a positive finding with respect to compatibility can be made.
. Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
All future development within the mixed use corridor shall comply with the provisions and
requirements of the Land Development Regulations. Compliance with the Land Development
Regulations will be further addressed with review of the master plan and site plan required by
the new zoning district regulations.
Section 2.4.5(D} (5) (Rezoning Findings):
Pursuant to Section 2.4.5(D){5) (Findings), in addition to provisions of Chapter 3, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicable reasons for this rezoning are Band C.
Reason B is met as there has been a change in circumstances which makes the current zoning
categories inappropriate. The City's Comprehensive Plan and the Florida Public Officials Design
Institutes report clearly change the development direction of the entire Congress Avenue
5
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
Corridor. These rezoning changes are necessary to bring the zoning designations and the
corridors future development potential consistent with the Comprehensive Plan's direction.
Reason C has also been met as the requested zoning will be of similar intensity as allowed
under the Future Land Use Map categories that currently exist on the site. However, while
potential intensity levels may not increase, the mix of uses will change to a much more
desirable mix of uses that are consistent with the objectives and policies of the Comprehensive
Plan.
Therefore, as each of these reasons for approving a change is met, this rezoning to MROC
should be approved.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
Neighborhood Advisory Council
PROD
President's Council
Delray Oaks
Sabal Pines East
Crosswinds
Andover
Oakmont
Sabal Pines South
Public Notice:
Formal public notice has been provided to the affected property owners as well as property
owners within a 500' radius of the subject property. Letters of support and objection, if any, will
be presented at the Planning and Zoning Board meeting.
These rezoning further the polices in the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development of
Class A Corporate office space (Future Land Use Element Policy A1.9). The amendment
also implements Comprehensive Plan Future land Use Element Objective A-5 which
encourage creation of mixed use developments and Housing Element policies that encourage
providing diverse housing opportunities Le. workforce housing, and transit orientated housing
through innovative development practices. The amendments also implement the adopted
Florida Public Officials Design Institutes report recommendations to establish a corridor overlay
district to encourage mixed use development with commercial or office on the ground floor and
residential above utilizing new urbanism design elements.
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission of the City initiated rezoning
from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF
(Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center)
to MROC (Mixed Residential Office and Commercial) for properties generally located south
of West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits
6
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
including the Office Depot, Congress Park, and Congress Park South office complexes 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
Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission of the City initiated rezoning
from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF
(Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center)
to MROC (Mixed Residential Office and Commercial) for properties generally located south
of West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits
including the Office Depot, Congress Park, and Congress Park South office complexes
upon failure to adopt the findings of fact and law contained in the staff report, and finding
that the request is inconsistent with the Comprehensive Plan and meets the criteria set forth
in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Move a recommendation of approval to the City Commission of the City initiated rezoning from
MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community
Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed
Residential Office and Commercial) for properties generally located south of West Atlantic
Avenue between Congress Avenue and 1-95 south to the City limits including the Office Depot,
Congress Park, and Congress Park South office complexes 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 Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of
the Land Development Regulations.
Attachment:
· LocationlZoning Map
7
ffi ~ffi II (1- ~ 0
~ ir= . :rf1t
~ ( IDW -~)c. ft:: u
~. y-;; -:=
~'~ ' ~
7 i==)M: \ 1
i, ~ k -,
> E rr:rJY
== j
i=J (
:=j /
~J:\
W,' ""
u_
-
~L ~;.r
-~
I~ Hlllft) 1
f~
III ~
d=
~$ ~RD ~ ~)"'~~' ~l(f( ~J-[
~ \\ IT: I ( CFW,1!J -l, 1--
"r-- ~ I :;:;.) I /.0 lli /I RM -.~
~ 1i~~~.~'>Jij~
r I AIJ.I J,:: ~ r::J1I1 cy":""-
.y--
N '(
'r- e-- IA
'A q'p
~~ 3 ~~ t'! i t:
~~~ ~ 1'. . -t C
~~:J:th, \." I T ~ r - \\ [-""'-- ~
\~lf[).~ =I' ',W-J: ~ il~-=="'~Y - .~t
~~ w '~H RM -,.,,,
r&.J-J)?, /~
j
/ ti+_ ~
r ,,,'''nrr~~
1 i:
~
~
H [~~
~I::J~ TTI
~~~ ~'-
1QVoU ~~)=
I~I III
I I
LII T..
N
-
CITY OF OELRA Y BEACH, FL
PLANNING'" ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
MIC EiI\1 JW
: ~ ~~-
.. ) O~ =
e)
..- _ ~lrYl~l= I~
. ~1i~;21
CD)
I
oa
I
I~ .
-:5- 1111116'" "'I~
CF ~ lit ql ----
/:t:f~ srlwm ~i~-
- ;{;JRM
L1(j ~' ___ ;
O*R
illl:
~ 1 ~[]
O~ -
oaR
:
, OSR
ffi(
I
D~
,-
~
-I
I
T
-
I ! "..jL CF
MI CF -
RM ..., 'RM
.-.
-
~
0[
d,i' #,
6lr
--
1_-
--
C
D
-
-
(311:
-111iJ ~I -::_-
II II ~ :5 '-----l.=, I
~.::."';' ~ -= _=" CF n"'j- ~ ~
~_ a:rM'- MIC ='/1
. .." - J (;/ ,I -- r-- - IT';; . L<ic I~
~ A- :~~:;l~
/ ~~@ ~ = V;;-~
SAD ~ ~AM ~CF n,"~
\\_. - hlo~' OSR
! ~ ("" ~ -11 oj ".:
~J ~':....=:;-=..:
~DRM= J, r; ~i 4 t _ J
~ 1.oM"_ ...,.
- --
.=
~v
.
R
L1
/
.....
~ -.
,J.., .-
=-
CD
I
PC:
0 , iPlC,,::,,-
S ,
,
" -
, '"-L, II 101=- -
I \L !.l FT' ,~
, D
""" ;-
CONGRESS AVENUE MIXED RESIDENTIAL OFFICE
AND COMMERCIAL (MROC) ZONING DISTRICT
- CONGRESS AVENUE CORRIDOR LOCATION MAP-
MAP REF: LM952
--
July 31. 2006
Mayor Jeff Perlman
City of Oelray Beach
100 N.W. 1St Avenue
Delray Beach, FL 33444
Re: Cone.re" A'Venue Mix.ed Use ("eMU") Future Land Use MaD (~FLUMt') Ameodl:lleD!
Dear Mayor Perlman:
The Delray Beach City Commission has scheduled a public hearing on the above-
referenced Future Land Use Map Amendment for AuguSt 1, 2006 as pan of the City of DelrBY
Beach Comprehensive Plan Amendment Round 2006~ 1, In that regard, we have reviewed the
City's Planning and Zoning Board Staff Report dated July 17] 2006 8Ssociated with the eMU
FLUM Amendment application and have the following comments in regftI'd to same.
As you are aware, the City of Delray Beach entered into that certain Annexation
Agreement dated December 5, 1995 by and between George T. Elmore, as Trustee and the City
affecting a 27.76 acre :I: property (a west parcel containing 15.53 flcres :.t:: on the west side of
Congress Avenue a.nd an east parcel containing 12.23 a.cres ::l: east of Congress Avenue), with the
west parcel becoming the existing headquarters fot Office Depot and the east parcel continuing
as the general corporate headquarters and plant facility for Hardrives, Inc. ("Hatdri\les PW'Cel").
We are addressing our comments in this letter only to the Hardrives Par~el
The Annexation Agreement provides for a clear 'delineation of the types of business and
industrial uses that ace presently opereting on and tbat are to be allowed to operate in the future
on the HaJ:rlrives pa.rcel, hours of operation a.pproved for such business and industrial activities)
site development parameters and other related matters guaranteeing the long-term ownership, use
and operation of the b\.lsiness and industrial useS and operations pennitted for the property. The
City's proposed Congresb Avenue mil'ted use land use and subsl:quent Mixed Residential, Office
and Cornmex'Cial District zoning rc::gulationli ("MROC") contemplate offke and research. general
retail and high density multi-family development as part of the redevelopment plan for the eMU
area.
We are requesting that in the adoption ofthe CMU land use amendmen.t .and the MROC
and zoning regulations tbat all parcels wntiguous to the north, west and south of the Hardrives
Parcel be subject to planning criteria and land development regulations that provide safeguards
to the Hardrive~ Parcel and its operating uses and busines:iI activities from interference by
residential development that might be allowed in the proximity of this industrial use, Such
pf'eventi.....e planning and. zoning requirements will prevent and/of' minimiZE! incompatibility of
land use and development that will t:xist between the existing indusuial use and business
activities 8Ild future residential uses.
z\\Q\D-')
~,~~~~\~\~.L
eoo/c;oo III
GO'd
IlIBn, Nll~I~ ^3SY~
L8:Pl LOO~ 5 qSj
60~~tEB~35 ~v~ ~~ l~ LOO~/50/~Q
~ ~
,-..
Mayor Jeff Perlman
City of Delray Beach
July 31. 2006
Pa.ge 2 of 2
Thank you fat YOllX' attention to and inclusion of these recommendations in your eMU
FLUM Amendment and subsequent MROC Mixed Residential, Office !lI1d Commercial District
zoning and land development regulations. If you have any questions concerning this request or
desire planning consultants and legal representatives of our tompany to participate in this
process, please don't hesitate to contact me at your earliest convenience.
Sincerely yours,
HARDRlVES, INC.
By; GeOrge T. Elmore, President
xc: COWlcil Members
. David T. Harden, City Manager
Paul Darling, Planning & Zoning Department
t'nn Iron,., ~
80 'd
ZlIBnl Hll~IJ ^3S~J
L8:~L LOOl 5 qaj
SOZ~EtBl9S X~~ S~.ll LOO~/~O/ZO
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # I () :C - REGULAR MEETING OF FEBRUARY 20, 2007
ORDINANCE NO. 2-07
SUBJECT:
DATE:
FEBRUARY 16, 2007
This ordinance is before Commission for second reading for a privately initiated amendment to the
Land Development Regulations (LDR), Article 4.7, "Family Workforce Housing," Section 4.7.9
"General Provisions," to allow one (1) bedroom units in the Workforce Housing Program.
At the first reading on February 6, 2007, the Commission passed Ordinance No. 2-07.
Recommend approval of Ordinance No. 2-07 on second and final reading.
~
TO:
THRU
, DIRECTOR OF PLANNING & ZONING
FROM:
SUBJECT: MEETING OF FEBRUARY 6, 2007
CONSIDERATION OF PRIVATELY INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) ARTICLE 4.7 "FAMILY
WORKFORCE HOUSING," SECTION 4.7.9 "GENERAL PROVISIONS," TO
ALLOW ONE BEDROOM UNITS IN THE WORKFORCE HOUSING PROGRAM
The item before the City Commission is approval of privately-initiated amendments to the Land
Development Regulations to allow one-bedroom units in the City's Workforce Housing Program.
The Family/Workforce Housing Ordinance was originally adopted by the City Commission on
December 6, 2004 to encourage workforce housing. The program has been amended twice
since that date to provide additional opportunities and incentives for the provision of workforce
housing. Privately-initiated amendments are currently being proposed by two separate
applicants to allow one-bedroom units in the program. As currently written, the program is
geared to provide affordable housing for larger families. However, as the program has
progressed, it has been noted that there is also a need to provide affordable units for singles
and married couples without children who provide critical services in the City. Smaller, one
bedroom units would help to maintain the level of affordability for this segment of the population.
The proposed amendment includes provisions to cap the number of one-bedroom units to no
more than 30% of the total units in the project and to prohibit efficiency and studio type units.
Additionally, the requirement that the ratio between market rate and workforce units be
consistent by unit type has been expanded to include one-bedroom units.
The text amendment was considered by the Planning and Zoning Board on January 22, 2007
No one from the public spoke on the amendment. The Board discussed the Ordinance and
recommended approval on a 5 to 0 vote (Krall stepped down), by adopting the findings of fact
and law contained in the staff report and finding that the amendment is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
By motion, approve on first reading Ordinance No. 02-07, amending Land Development
Regulations Article 4.7, "Family/Workforce Housing, Section 4.7.9, "General Conditions," 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, with second reading to occur on February 20,2007.
Attachments:
· Ordinance No. 02-07
· Planning & Zoning Staff Report of January 22, 2007
J2.R
ORDINANCE NO. 2-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.7.9, "GENERAL PROVISIONS", TO
CLARIFY THE TYPE AND NUMBER OF CERTAIN UNITS
ALLOWED; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on January 22, 2007 and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.7.9, "General Provisions", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
Section 4.7.9 General Provisions
a. If not located offsite, all workforce housing units constructed or rehabilitated under this
program shall be situated within the development so as not to be in less desirable locations
than market-rate units in the development and shall, on average, be no less accessible to
public amenities, such as open space, as the market-rate units.
b. Workforce housing units, if located within a market rate unit development or located offsite,
shall be integrated with the rest of the development and shall be compatible in exterior
design, appearance, construction, and quality of materials and contain comparable HV AC
systems and appliances with market rate units and provide them as standard features. All
workforce housing units shall contain comparable square footage to the corresponding
market-rate unit.
c. The developer shall endeavor to provide workforce housing units that include unit types in
the same proportion as the market rate housing unit types. The following conditions must be
met:
1. The proportion of 1 bedroom workforce units to total workforce units may not exceed
the proportion of 1 bedroom market rate units to total market rate units.
I!. The proportion of 2 bedroom workforce units to total workforce units may not exceed
the proportion of 2 bedroom market rate units to total market rate units.
11!. The proportion of 3 bedroom workforce units to total workforce units must meet or
exceed the proportion of 3 bedroom market rate units to total market rate units, unless
4+ bedroom workforce units are provided.
Hiy. The proportion of 4+ bedroom workforce units to total workforce units must meet or
exceed the proportion of 4+ bedroom market rate units to total market rate units.
lV. If the development contains a mix of different types of units, (e.g. condominium,
townhouse, detached, etc), the proportion of workforce units of each type to total
workforce units must be approximately the same as the proportion of market rate units
of each type to total market rate units.
V!. If the development includes both for sale and for rent units, the proportion of for rent
workforce units to for sale workforce units must not exceed the proportion of for rent
market rate units to for sale market rate units; provided however if the workforce
housing units are funded under Florida Housing Finance Corporation's Housing Credit
or SAIL Programs, the proportionality requirement herein stated shall not apply if the
development provides at least twenty percent (20%) of the "for sale" units as workforce
housing units.
VI!. Notwithstanding Section 4.7.9 c. i., ii, iii, iv and tv. above, in the Southwest 10th Street
Overlay District at least 75% of the workforce housing units shall be 3 bedroom units
offered for initial sale in an amount not to exceed $225,000.00 and 25% of the
2
ORD. NO. 2-07
workforce housing units may be 2 bedroom units offered at the low income affordability
rate.
d. The construction schedule for workforce housing units shall be consistent with or precede
the construction of market rate units.
e. There shall be no lot premiums charged on the workforce housing units.
f. All fractional bonus densities shall be rounded down.
g. The City of Delray Beach, its successors and assigns may enforce the covenants. No
amendments to the covenants shall be made unless by written instrument approved by the
City.
h. No one bedroom units efficiency or studio type units shall be allowed under the
family/workforce housing program.
1. The total number of one bedroom units in any qualifying proiect shall not exceed 30% of the
total number of units in the proiect. including both family/workforce units and market rate
units.
11. Workforce Housing Units constructed according to this policy shall be protected for
subsequent resale or rental to Workforce Households whose income does not exceed the
applicable AMI by deed restrictions or by other equivalent and effective methods.
Conversions of rental units to owner occupied units or vice versa shall require the
subsequent rental or sale to be for the same workforce housing income category.
.H~. Workforce Housing Units constructed according to this policy shall only be rented or sold as
a primary residence.
*-'1. A deed restriction on a form acceptable to the City Attorney shall be recorded in the Public
Records of Palm Beach County. In addition to other restrictions therein contained, said deed
restriction shall prohibit any subletting or assignment of the respective Workforce Housing
Unit to a tenant(s) or purchaser(s) whose income exceeds the percent of the AMI under
which the unit is originally approved. For the purpose of this section, household income is
determined by the cumulative income of all tenants or purchasers under one roof. In
addition, said deed restriction shall limit the maximum permitted resale price to the initial
sale price of the Workforce Housing Units, increased at the same rate as the Palm Beach
County median income has increased from the initial date of purchase. Prior to the closing
3
ORD. NO. 2-07
on any sale, resale or prior to any rental of any workforce housing unit, the City shall be
notified of the sale, resale or rental.
1m. For both sale and rental of Workforce Housing Units, affordability and occupancy
restrictions shall remain in effect for 40 years and shall apply to any replacement structure or
structures constructed if a structure containing a Workforce Housing Unit or Units is
demolished or destroyed, provided that if demolition or destruction of a structure containing
Workforce Housing Units occurs 35 years after recording of the restrictions and said
demolition or destruction was unintentional, restrictions on the units in the structure shall
terminate on demolition or destruction.
mn. Nothing requires a workforce household to vacate a rental workforce housing unit or sell a
workforce housing unit if the tenant(s) or purchaser (s) income later exceeds AMI.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_dayof ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD. NO. 2-07
MEETING DATE:
JANUARY 22,2007
IV.C.
AGENDA NO.:
AGENDA ITEM:
CONSIDERATION OF PRIVATELY INITIATED AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS (LDRS) ARTICLE 4.7 "FAMILY
WORKFORCE HOUSING," SECTION 4.7.9 "GENERAL PROVISIONS,"
TO ALLOW ONE BEDROOM UNITS IN THE WORKFORCE HOUSING
PROGRAM
The item before the Board is that of making a recommendation to the City Commission
regarding privately initiated amendments to the Land Development Regulations to
accommodate revisions to the City's Workforce Housing Program.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6,
2004, included incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. The program was expanded with amendments
adopted in April 2006 to provide additional opportunities and incentives for the provision of
workforce housing. Major revisions included establishment of an additional workforce housing
overlay district known as the Infill Workforce Housing Area and increasing the maximum density
within the Carver Estates Overlay District from 12 units per acre to 24 units per acre. The
amendments also included adding references to the newly created Delray Beach Community
Land Trust, increasing the affordability time frames from 30 to 40 years; allowing lots of record
between 40 feet and 50 feet to be developed for workforce housing; and requiring provision of
workforce housing to qualify for increased density or height in the CBD zoning district.
The program was amended again in July 2006 to give the same density bonus for "for sale"
units as "rental units"; to not require that similar proportions of "for sale" and "rental units" within
a project when funded by state financing programs and it contains at least 20% "for sale"
workforce units; and to add a provision that the Community Land Trust (CL T) receives rights of
first refusal on workforce housing units developed on non-CL T owned lands.
Privately-initiated amendments are currently being proposed by two separate applicants to allow
one bedroom units in the program. This amendment to the Workforce Housing program was
originally included with another text amendment which dealt with in-lieu payments. The Planning
and Zoning Board continued the item in its entirety at the December 18, 2006 meeting and
asked that the two issues be reviewed separately.
The text amendment seeks to include one-bedroom units in the Workforce Housing Program.
As originally written, the program was geared to provide affordable housing for larger families. In
Planning and Zoning Board Memorandum Staff Report, January 22, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - One Bedroom Units
fact, an additional density bonus is given for units with 4 or more bedrooms. As this program
has progressed, it has been noted that there is also a need to provide affordable units for
singles and married couples without children who provide critical services in the City. Smaller,
one bedroom units would help to maintain the level of affordability for this segment of the
population. As stated by the applicant:
"Most contemporary multi-family residential projects contain a mix of floor plans
containing one bedroom units. These one bedroom units are typically occupied by young
singles, young families with no children, adult singles and other similar users. All of
these users clearly should be targeted groups for any program to provide workforce
housing. However, presently Ordinance 18-06 does not allow for one bedroom units
which would have an effect of either excluding a large group of users or forcing them to
occupy two or three bedroom units at a higher rental or purchase price. "
and
"Delray Beach has a very large tourist industry and much of the workforce is comprised
of service industry employees. Many of these employees are young and/or single. By not
allowing one bedroom units, the City is not addressing the needs of a large portion of its
needed employment base. "
The amendment also includes provisions to cap the number of one bedroom units to no more
than 30% of the total units in the project and to prohibit efficiency and studio type units.
Additionally, the requirement that the ratio between market rate and workforce units be
consistent by unit type has been expanded to include one bedroom units. For example, if 25%
of a project's market rate units are one bedroom units, no more than 25% of the workforce units
may be one bedroom units.
REQUIRED FINDINGS
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable Objectives and Policies were noted:
Future Land Use Element Obiective A-5
The City shall maintain its Land Development Regulations, which shall be regularly reviewed
and updated, to provide streamlining of processes and to accommodate planned unit
developments (PUD), mixed-use developments, and other innovative development practices.
As participation in the Workforce Housing Program continues, it will be necessary to modify the
regulations from time to time to increase efficiency and to ensure that the intended results are
achieved. The inclusion of one bedroom units in the program will improve the efficiency of the
program by lowering the cost for singles and smaller families who do not need larger units.
2
Planning and Zoning Board Memorandum Staff Report, January 22, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - One Bedroom Units
Housina Element Obiective B-1
The City's existing housing supply accommodates households having a wide range of economic
ability. There is very little vacant land left, especially large tracts, for new housing development.
Through its housing programs, the City shall work to ensure that there continues to be an
adequate supply of housing to accommodate very low, low, and moderate income households,
as well as manufactured and mobile homes.
Housina Element Obiective B-2
Redevelopment and the development of new land shall result in the provision of a variety of
housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in this Element.
The proposed amendments will further these objectives and policies. The goal of this program is
to encourage the provision of housing which is affordable to very low to moderate income
households through the use of incentives.
Based on the above, a positive finding can be made that the amendments are consistent with
and further the Goals, Objectives, and Policies of the Comprehensive.
Community Redevelopment Aaency (CRA):
The CRA considered the text amendments at its meeting of December 14, 2006. The Board
recommended approval.
West Atlantic Redevelopment Coalition (WARC):
WARC considered the text amendments at its meeting of December 13, 2006. The Board
recommended approval.
Downtown Development Authority (DDA):
The DDA considered the text amendments at its meeting of December 11, 2006. The Board
unanimously recommended approval.
Pineapple Grove Main Street:
The Board considered the text amendments at its meeting of December 5, 2006 and
recommended approval.
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.
3
Planning and Zoning Board Memorandum Staff Report, January 22, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - One Bedroom Units
The purpose of the privately initiated LDR text amendments is to further enhance the City's
Workforce Housing Program by adding flexibility to the program. The proposed amendments
are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan.
Move to recommend to the City Commission approval of privately initiated amendments to the
Land Development Regulations (LDRs), Article 4.7, "Family Workforce Housing," Section 4.7.9
"General Provisions," to allow one bedroom units in the Workforce Housing Program, by
adopting the findings of fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
Attachment:
· Proposed Ordinance
4
OF
PM
FROM:
DAvp~D~ MANAGER
PAUL DORLlNG, AI~IRECTOR OF PLANNING & ZONING
MEETING OF FEBRUARY 20, 2007
CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT,"
SUBSECTION (F), "DEVELOPMENT STANDARDS," RELATING TO THE
DOWNTOWN DELRAY BEACH DESIGN GUIDELINES
TO:
SUBJECT:
The item before the City Commission is approval of amendments to the Land Development
Regulations relating to the Downtown Delray Beach Design Guidelines, pursuant to LOR
Section 2.4.5(M).
Pursuant to LOR Section 1.1.6(A), the text of the LOR may from time to time be amended,
changed, supplemented, or repealed. No such action, however, shall be taken until a
recommendation is obtained from the Planning and Zoning Board and until a public hearing has
been held by the City Commission. Any such change shall be made by ordinance, pursuant to
procedures found in LOR Section 2.4.5(M).
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach
Master Plan, to guide future development of the downtown business districts. To preserve the
unique characteristics of each area and ensure that building forms are of a character and scale
that reinforce the citizens' vision of a "City of urban amenities with a small town feeling", the
Master Plan called for the development and implementation of design guidelines for the
downtown area. These guidelines, developed by consultants Jaime Correa & Associates, the
Design Guidelines Subcommittee, community and industry stakeholders, and staff, were
adopted by the City Commission on May 4, 2004.
Although there have been a number of projects approved since the adoption of the design
guidelines, none of the projects have been constructed. It has been noted by the developers of
several of these projects that the impact of the design guidelines on construction costs has
made the projects economically infeasible. Local architects have also expressed concerns that
the guidelines are hindering design creativity and adding unnecessary costs to projects. In late
2006, the CRA and City staff participated in a series of meetings with local developers and
design professionals to review the guidelines and determine if changes were warranted. It was
determined that there were a number of problems that should be addressed, The proposed
changes to address these concerns are described in the analysis section below.
To summarize, the proposed revisions would do the following:
Minimum front setback on ground floor:
· 5' if ground floor is nonresidential.
· 10' if ground floor is residential.
· 0' for arcaded buildings on Atlantic Avenue in the West Atlantic and Beach areas, and on
A1A.
10.1)
City Commission Meeting of February 20, 2007
LOR Amendment to Downtown Delray Beach Design Guidelines
Frontage and other requirements:
· The Tables are being eliminated and the standards are described in paragraph form.
· In order to provide a pedestrian-friendly experience at the street level, we are maintaining the
minimum/maximum frontage requirements (the majority of the building has to be built within
10' of the property line). The remaining portion of the building has to be set back at least 15',
but there is no longer a maximum setback for that portion (you can go back as far as you
want).
· Where previously there were six (6) different standards depending on what street or what area
the property is located on, there are now only two. They are based on the typical width of the
road. On the wider streets (Atlantic Avenue west of Swinton Avenue and east of the ICWW,
the Federal Highway pairs, and A-1-A) buildings can go up to 37' (approximately 3 stories)
before a step-back along the frontage is required. On all other streets the step-back is
required after 25' (approximately 2 stories).
· On the upper levels (up to 48'), at least 70% of the building has to be set back (stepped back)
a minimum of 15' from the front property line. The rest of the upper level can be built at the
minimum front setback. In addition to the setback, the floor area of the upper floors can be no
greater than 70% of the allowable ground floor area. Beyond 48', 90% of the building has to
be stepped back 30' from the front property line, and the floor area can't exceed 50% of the
allowable ground floor footprint. The net effect is to allow some flexibility so that now up to
30% of the building can be at the minimum front setback (up to 48'), and 10% can be at the
minimum up to 60'. The trade off is a reduction in the floor area at the upper levels.
· There are some exceptions allowed to the frontage requirements in order to accommodate
features such as stair towers, elevator shafts, sight visibility triangles, utility easements,
driveways, etc. In all cases the exception granted must be the minimum necessary to
accommodate the feature. Exceptions are also permitted for public plazas and parking
garages. In addition, 3 story town homes are not required to step back the upper story
(however they will have to be set back a minimum of 10').
· Regarding the frontage requirements on corner properties, the primary frontage requirements
MAY be extended along the side street, but it is not required.
· The floor height for hotel/motels has been decreased to 8' 6" for all floors provided the lobby
and all public rooms have a minimum height of 10'. Currently, a 10' minimum height is
required for the ground floor and 9' for all other floors.
· Additional flexibility is added to allow modification of frontage requirements by SPRAB to
accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc.
· The definition of height has been modified in this section to encourage hip, gable and gambrel
roofs rather than flat or mansard roofs. This has been accomplished by refining how height is
measured to between grade and the soffit above the last habitable floor rather than from
grade to the mean level between the tie beams and the ridge for gable, hip, or gambrel roofs.
Prior to adoption of the amendments to the Design Guidelines several reviews have been
conducted with the local design community and the item has been presented to the following
reviewing boards, agencies and organizations:
West Atlantic Avenue Redevelopment Coalition:
The Board considered the changes early on in the modification process on January 10, 2007
and did not have any concerns.
2
City Commission Meeting of February 20, 2007
LOR Amendment to Downtown Delray Beach Design Guidelines
Pineapple Grove Main Street:
The Board considered the changes at their meeting of February 7, 2007 and recommended
approval.
Downtown Development Authoritv:
This Board considered the changes at their meeting of February 12, 2007 and they unanimously
recommended approval.
Community Redevelopment Aaencv:
The CRA considered the text amendments at its meeting of January 11, 2007. The Board
recommended approval.
The LDR amendment was considered by the Planning and Zoning Board at a special meeting
on February 12, 2007 and several local architects and developers spoke in favor of the
changes. This included comments that the proposed changes continued to meet the intent of
the original guidelines but would be easier to administer and provide greater design flexibility.
The Board discussed the Ordinance and recommended approval on a 7 to 0 vote by adopting
the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
By motion, approve on first reading Ordinance No. 6-07 containing amendments to the Land
Development Regulations Section 4.4,13 "Central Business District (CBD)", Subsection
(F)"Development Standards" relating to the Downtown Delray Beach Design Guidelines by
adopting the findings of fact and law contained in the staff report and finding that the
amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
Attachments:
· Ordinance No. 6-07
· Planning & Zoning Staff Report of February 12, 2007
3
ORDINANCE NO. 6-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y
BEACH BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SUBSECTION (F), "DEVELOPMENT STANDARDS",
IN ORDER TO PROVIDE UPDATED DESIGN GUIDELINES FOR
THE CENTRAL BUSINESS DISTRICT; PROVIDING A SA VINGS
CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on February 12, 2007 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 Repon; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide
updated, easy to use design guideline regulations for the Central Business District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.13(F), "Development Standards", Subsections (1), "Height", (2),
"Open Spaces", and (3), "Building Frontage and Setbacks", of the Land Development Regulations of the
City of Delray Beach, Florida, shall hereby be amended to read as follows:
(F) Develooment Standards: The development standards set fonh in Section 4.3.4
shall apply, except as modified below. In case of conflict with other applicable development
regulations, this Section shall apply:
(1) Heieht: The CBD is a geographic area in which exceptions to height
regulations are allowed pursuant to Section 4.3.4(J).
(a) Overall Height of buildings shall be a minimum of twenty-five feet
(25') and a maximum of forty-eight feet (48') in height. Exceptions
to the height limitations shall comply with Section 4.3.4(1)(3) and
(4). For the purposes of this section. height is defmed as the
vertical distance from grade to the highest finished roof surface of a
flat roof. or the soffit above the last habitable floor of a gable. hip or
gambrel roof.
(b) Arcade Height shall be a minimum ten feet (10'), measured from
finished arcade floor to finished arcade ceiling.
(c) Floor Height shall be a minimum of ten feet (10') for ground floors
and a minimum height of nine feet (9') for all other floors.
Hotel/Motel and all suite lodging shall have a minimum floor height
of eight feet six inches (8'6") for all floors. provided that the lobby
and all public rooms shall have a minimum floor height of ten feet
QQl All heights shall be measured from finished floor to finished
ceiling. Auxiliary and service rooms, such as, garages, restrooms,
closets, laundry rooms, dressing rooms, storage rooms, mechanical,
electrical, and plumbing equipment rooms are exempted from the
floor height regulations.
NOTE: 1'lmGI'If
FlE:eld~"ReNS
-e&N&T
~
AtB<ILtAR",8
;Ide SfR\'.er
-ReeMe-
Exemotions
to height are
orovided in
4.4.13(F)( I)
(c) above.
25 FT. MIN.
BUILDING
HEIGHT
48FT.
9 FT. MIN.
I
,t
10 FT.
MIN.
Figure 4.4.13-4 - Building Height Requirements
2
ORD. NO. 6--07
(2) Open Svace: A minimum of 10% non-vehicular open space shall be
provided; however, within the area encompassed by the boundaries of the original Downtown
Development Authority as described in Section 8.2.2(B), and within those sections of the CBD
zoning district located within the Pineapple Grove Main Street area and east of the Intracoastal
Waterway, there shall be no minimum open space requirement. Notwithstanding the provisions
of this section, the body acting upon a development application within the CBD may require that
open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided
in order to add interest and provide relief from the building mass.
(3) Buildine: Frontae:e an.d hoot SetlJaeks {Defmitions and Aoplications}:
(a) The building frontage for an interior lot is the portion of the lot
abutting the primary street minus the minimum required side
setbacks.
(b) The building frontage for the primary street side of a corner lot is
the portion of the lot abutting the primary street minus the minimum
required side setbacks.
(c) The building frontage for the secondary street side of a comer lot is
the portion of the lot abutting the secondary street minus the
minimum required front and rear setbacks.
~
o
~
~
o
~
R.O.W.
R.OW.
R.O.W.
Figure 4.4.13-5 - Building Frontage
(d) Bailding froBtage is eKpressed ia flercemages aDd may ';ary fram
floor to floor.
(et..@ Frontage and setbacks shall be taken from the property line, or if a
dedication is required, from the resulting property line after
3
ORD. NO. 6-07
dedication.
(1) Building frontage and setbacks for properties fronting on Atlantic
l\ venue or A 1 A shall COmtlly with Table <1.4.13 1.
(g) The from setback area for baildiags fronting on fAlamic l\venue
shall be paved with paving materials to match the existing sidewalks'
within the Atlantic Avenue rigIH of way.
AA For comer lots with .~a.tlamic A ':elUle side street fraBtage, the first
sixty feet (60') of tbe bliilding, taken from tbe Atlantic Avenue
property liRe, or if a dedication is reL}uired, from the resulting
property liRe after dedication shall comply v:ith Table 4.4.13 1.
(ij Building frontage and setbacks for properties frontieg OR streets
other than Atlantic A'/8nue or .\ 1 fa. shall comply with Table
4.4.13 2.
(4) Front Setbacks:
(a) The following minimum front setbacks shall apply in all districts:
1. For buildings with residential uses on ground floor: ten feet
UQ1
2. For buildings with nonresidential uses on the ground floor:
five feet (5')
3. For arcaded buildings fronting on A-1-A or on Atlantic
A venue within the West Atlantic and Beach Area districts:
zero feet (0')
(b) In addition to Section 4.4.13(F)(4)(a) above, for buildings fronting
on A-1-A, Atlantic Avenue in the West Atlantic Neighborhood and
Beach Districts, and on NE and SE 5th and NE and SE 6th Avenues:
1. LOWER LEVELS - Ground floor to thirty-seven feet (37'):
A minimum of seventy oercent (70 %) and a maximum of
ninety percent (90 %) of the building frontage shall be set
back no greater than ten feet (10') from the property line.
The remaining length of the building shall be setback a
4
ORD. NO. 6-07
minimum of fifteen feet (15') from the property line.
2. UPPER LEVELS - above thirty-seven feet (37') to fortv-
eight feet (48'): At least seventy percent (70%) of the
frontage shall be set back a minimum of fifteen feet (15')
from the property line. The remainin~ length of the building
shall comply with the minimum required setbacks. The floor
area for each floor contained within the portion of the
structure that is thirty-seven feet (37') to forty-eight feet
(48') in height shall not exceed seventy percent (70%) of the
floor area contained within the allowable ground level
footprint.
(c) In addition to Section 4.4.13(F)(4)(a). above. for buildings fronting
on other rights-of-way in the CBO:
1. LOWER LEVELS - Ground floor to twenty-five feet (25'):
A minimum of seventy oercent (70 %) and a maximum of
ninety percent (90%) of the building frontage shall be set
back no greater than ten feet (10') from the property line.
The remaining lemzth of the building: shall be set back a
minimum of fifteen feet (15') from the property line.
2. UPPER LEVELS - above twenty-five feet (25') to forty-
eight feet (48'): At least seventy percent (70%) of the
frontage shall be set back a minimum of fifteen feet (15')
from the property line. The remaining: length of the building
shall comply with the minimum required setbacks. The floor
area for each floor contained within the portion of the
structure that is twenty-five feet (25') to forty-eight feet (48')
in height shall not exceed seventy percent (70%) of the floor
area contained within the allowable ground level footorint.
(d) In addition to Section 4.4.13(F)(4)(a). above. where allowed:
1. UPPER LEVELS - above fortv-eight feet (48'): At least
ninety percent (90 %) of the frontage shall be set back a
minimum of thirty feet (30') from the property line. The
remaining length of the building shall comply with the
minimum required setbacks. The floor area for each floor
contained within of the portion of the structure that exceeds
fortv-eight feet (48') in height shall not exceed fifty percent
(50%) of the floor area contained within the allowable
ground level footprint.
5
ORD. NO. 6-07
(e) Exceotions:
1. Three (3) stOry town homes having residential uses on all
three levels are not required to comply with upper level
frontage and floor area requirements. Ground floor frontage
and setback reQuirements shall apply. Each stOry shall not
exceed twelve feet 02') in height.
2. Modifications to the frontage reQuirements may be oermitted
to accommodate stair towers. elevator shafts. life and safety
elements. other non-habitable elements of the structure. sight
visibility triangles. vehicular access ways. and utilities. In
all cases the modification shall be the minimum required to
accommodate the necessary feature.
3. Lots of record with a width of fifty feet (50') or less shall be
exempted from the building frontage requirements provided a
minimum five foot (5') to maximum ten foot 00') setback is
provided for the portion of the building from finished grade
to twenty-five feet (25') in height and a minimum fifteen foot
(15') setback is orovided above a height of twenty-five feet
(25') and above forty-eight feet (48') a thirty foot (30')
minimum setback from the property line shall aooly.
4. Modifications to the frontage reauirements may be granted
by the Site Plan Review and Appearance board or the
Historic Preservation Board in order to accommodate plazas
that connect the building to the sidewalk and promote social
interaction by offering one or more of the following: oubHc
seating areas. sidewalk cafes. sculotures or other artwork for
public display. and similar features.
5. Parking garages. subiect to minimum front and street side
setbacks of ten feet (10'). and a minimum setback of five feet
(5') from any alley right of way. Parking garages must
comply with the requirements of Section
4.6. 18(B)(14)(vi)(4).
6. Modifications to the frontage requirements may be granted
by the Site Plan Review and Aooearance Board or the
Historic Preservation Board in order to accommodate civic
buildings such as libraries, cultural facilities. municipal
6
ORD, NO. 6-07
buildings. etc.
(t) Supplemental:
1. The front setback area shall be finished with pavimz materials
to match the existin~ or planned sidewalks within the
adjacent right-of-way.
2. Building and site design shall incorporate Crime Prevention
Through Environmental Design (CPTED) standards to the
greatest extent possible.
3. Arcades shall have a minimum width of ten feet 00').
inclusive of columns or pilasters up to a maximum width of
two feet (2').
Section 2.
That Tables 4.4.13-1 and 4.4.13-2 shall be repealed in their entirety.
TABLE 4.4.13-1
Buildings With Arcaded
Frontage(I)(2)(S)(6l (7)(8)(9)(10)
Sub Areas
West Atlantic
Neighborhood
(W AN) and
Beach Area
(BA) (4)
% Building
Frontage
(minimax)
70% I
90%
aining length
Setback
(feet)
Setback
(feet)
37' to 48'
50% max
Remaining length
5' mini
lO'max
17' mini
22' max
17' min
0'
29' min
Finished grade
to 25'
70% I
90%
Remaining length
5' min or
10' max
17' min or
22' max
17' min
29' min
Central Core
(CC)(4)
N/A
37' to 48'
48' and above
1()()% max
7
ORD. NO. 6-07
Netes t9 all9ve Tallie are leeated after Tallie 4.4.U 1.
8
ORD. NO. 6-07
Netes te Tables ~.4.U 1 ad ~.~.U 2:
(1) Lets af r-ecar4 with a width less than fifty feet (3Q') shall be exempted Kam the blii16iag freRtage
r-eqair-emeHts previded a miRimHm five (5) to maKHRHm teR feat (10') setback be flfevided fer Qle portieR af
the bliildiag Kam fiaished grade to twe~ five feet (25') iR height aoo a minimlim seveRteeR feet (11')
setback is provides aba'ie a height af tweaty five feet (25').
(2) The applicallle ElevelapmeRt regalatiens far areades. Areaaes shall have a mlRi&lQm width of twelve feet
(12'), iRelusi-ve af eallilHBS er pilaGters up te a maximum width af {wa feet (2').
(3) ResideDtial aee\lf:laBeY aD the grouoo flaer ana flrimary eBt:FaB6es shall be erieBtes tewar.as NE ana SE 5ilt~
NE aDd SB 611l ;\veRues.
(4) Mixedl:lseJN,!!oR residential aeoopaB6Y aR the gratmEl flear e*6ept tliat area betweeR NE 3'" Street aRlI NE
4111 Street on the west side of NIl 211ll AveffiJe (alkfa Pioeapple Greve Way) wBich shall be ge':emeEI By
SettiOR 4.4.13(H)(€i).
(5) The same Eltl'lelepmeRt staRdar.as that apply tEl the KaRt praperty liRe shall apply te the first sixty feet (90')
af the Bliildiag faeiag the side street flmperty liRe.
(€i) 8uilaiag fr-eBtlge reEjuiremeRtS fer parkiBg gBftlges may be iooreases to a maxiRWm aRe ll1:laeFeEl flereeRt
(100%) fer all Roars BY the Site PlaR Re'iiew aRlI AllPeaHBGe 8aar4 er the Wisterie PreseFVatiaR 8eare
sliBjeet te campliaBee with Seetiaa 4 .6.18(8)(14)(vi)4), Parkiag Garages.
(7) The building setbaek reEjuiremeats far flartieRs af parkiBg garages aBa'/e nveBty five feet (25') may be
waived by the Site P~an Reyiew aRlI f..ppeaFaaee Beard sr the Histeric PreseFVaaeR Beare sli9:jeet to
campliaaee 'J/im SeetieR Ud8(8)(14)(vi)4), Parkiag Garages, aBd a miBimum five (5) ta maximum teR foot
(10') setbaek far the pertieR ef the BliillliDg frOOl fiBished grade Ie twenty fi';e feet (25') iB height.
(8) Fer sites wim multiple 9liilEliRgs, the bliHaiag iHHBeaiately abHHiBg the raadway(s) shall eemply v/ith Qle
Bliilaiag freatage ami setbaeks in Table 4.4.13 1 and 4.1.132.
(9) Building Reers shall be selGaek iR iReFemeRts ef trNelve feet (12') ta create a 'r'ertieal Sleflfled back
appeaFaRee.
(10) 8uildiBg and site aesiga shall iacoFpaFate Crime Pr-eveatiaR TMeugh Bw/irenmeRlal DeBigR (CPTBD)
stallElaFQs te the greatest eKteRt pessible.
(11) each stery shall Rt:lt exeeed 12' fer thr-ee stery te'....Mames It:leatea iB the area bsoodea by NB 3'" Stfeet (te
the setlth), NE 111> Street (to tile aertft), NE 211ll .A~veffiie (aJkia Pilleapflle Grave Way) (1a the east) and NE 1"
AveRlie (to the west) aRa the setbaeks as aetea fram 'Finished grade to 25 feet' shall apply te the everall
height af the bliilaing.
Section 3. That Figure 4.4.13-6, 4.4.13-7, 4.4.13-8, 4.4.13-9, 4.4.13-10 and 4.4.13-11 of the
Land Development Regulations of the City of Delray Beach, Florida, shall hereby be repealed in their
entirety .
9
ORD. NO. 6-07
inl~
I"'" - ~
~;I! ~ --+!UI~I
h~~ "I'l<~j;!
~U~ ~ d
~
~
~
i
~
t: N
~1lI Uilli!
~I ~ --+ I~ih
t:lii ~~~
ii ;111..:
~i 5l
~I I_u
~ .----+ I~-~
t:ill t:t:1
..- ~a.
+--
~
In ~ ~
Q) i
0
cu .!
'E +---
e Q)
u.. en
0- ~~ 0>
c: It: c:
'6 to: '6
10:0 0
'3 0- '3
CO CO
~illll;~nl
~ i d ~
l!!....J -
1:11 i~~I,,~i
l;l~ +--- --+ lil~I~~~
~I ~ ~Ih i'"
Flgwr-e 4.4.13 & SwilcUng FFontages and SetbaGks for Atlantis Avenye in the West Atlantis
Neighborheed or Seash Ar-ea and A. 1 .~. in Beas'" Ar~a
10
ORD. NO. 6-07
8?i~~t
~~o~"'
~U~g
,~ I;'
U~d~..,
;11~lil ~ 1;'==-
~ U~lUll . +---- ~~1CI=C~
5IU~d~i --+ilil~
i;. ~ t: Ii it
;!Wgh.., I ~~!I~
~~~~ej GIEt:
l'i"t:!
x'" ...
~ en
~ t5
I ~
+--
+---- Q)
(J)
Cl
C
"C
:J
lD
i ~~h;i!~z
~i~!U~~d~
Figwr-e 4.4.137 Swilding FFGntages and Setlaasks fer Atlantis Avenue in Central Cere Ar-ea
11
ORD. NO. 6-07
S~~~t
iil9~l(l
~8iiie
Ii.
t
~
~lll
~8
e:
S!
'I Ii
lie 1-
~ III ;i
- :&!j ~2 t-----
! ~ '_~ .~Ii=-
It ~ I Ihle~
. nli~tl~i'- --> ~ml
II.I~ iiol .
~~g ~~( ~~iw.
~~t ~I i~~t
U~t~
(---<<
;\';"'''' " ~~~\
':: " ~ < " ,," "..::.:.
~ " ?\' ''\', ",':::
,-....' "",'-":::.' ~ ' ,~~
en
Q)
0)
ctI
.....
c:
o
~
LL
en
C
:g
:::l
CD
~5!$
to2
.......
t
o
~
~
~
W en
~ .::t:.
if (.)
ctI
(---<<:9
Q)
C/)
C)
C
:g
:::l
CD
i~;~~i;i!~f
t!!~ ~;!zlll~~~t
i ~~~~~~m~
Figwre 4.4.13' 8wilding Fr-entages and Setbasks fer Pineapple Greve Way
12
ORD. NO. 6-07
e~~ ~!51i ~~!~Ii 3!
~~i ~!5.
!~~~wllQ ~il!:l-lQ f~~~~!~ Ii::
atl~ ~ge ~~iijge ~~! _.J.- ~
~ ~ ~i ~2ll!; 8 ~;
~lll
~~
t:
~
~ ~ .
! ~ II:; ~ .. 5 i t:
~h~ ~I +- 'i!l;n
~ Ie t: i f2 Sill i~ ~
i~lil~ ~ ;~il~h
~ III !I ......,. I . po. !. _liE Z
. ~f2 CjI; ...
igli i2
Sff!:; ~
+-
(/)
Q)
C)
CO
-
c:
e
u.
C)
c:
32
:J
(Xl
S!
;~
:E~
ti:u..
'"
Ii::
Q
~
~
w
~ ~
~ c..>
CO
+- .c
-
Q)
en
Q)
c:
~
:J
(Xl
~.-~~~i;~i~~
~~~~;I~i~l~
.-
Figy.. 4.4.13 9 BYllding Fr-entage& and Setbaek& for NElli 1&11 ~&II A\<enyes
13
ORD. NO. 6-07
;!~i~
~liliiililf2
..
t:
~
~i
~~
t
2
I~ Iii
E~ III .Ii
Ii! !c- t:~_
dliui;--. !I~!c~
~!=t:~ --+~nh
II~I~ IISII
i.~ ;il ~Elil
.it: .~ ...~
!~~t:~
~I Ii
Ii! IIll 0"
Iili !C'"' '"- i
;~t;1 +-- i~l~i
f... o---tllitt
..~~~~
~~t:~
+--
en
Q)
C>
S
c
o
~
LL
C>
c
'6
'5
m
.~!S
t:oi
",..
II
::::;
~
i ~
(,)
co
+-- .0
-
Q)
en
C>
c
'6
'3
m
~~~~IU~I~.
~il2~;id ~~
~~...-' ..-
Figure 4.4.13 1Q Sulldlng Fr-Gntages 3Rd Setbac:ks fer NW/SW S. M<eRue
14
ORD. NO. 6-07
o !!l
~~i~t:
::E~9...lQ
~lil;~e
I&.
t
~
112
~~
Ii:
~
* Ii
U;II~"
!11~ill j
1~'It:
jlll~ ~.. ~
~ ~ ~ ...~ I
Il"t:9
!iilllt:: 1~1-1-- ~h~i
!gl~~~ ~ ~I~&ti
,~ ~~ _~t: -+ U~~11l
... /i...1Il ~I!~ij
;nU
.....jwt:.
~...$.
f----<o
en
Q)
C)
CO
-
c:
e
u.
C>
c:
"'C
~
CO
~~~
li:o:l
.......
t
o
!J!
::i
i
~ ~
(.)
+-~
-
Q)
CJ)
C>
c
:c
~
CO
~...~~~i;~f5i
~;~~;~~~~I~
FilUI'8 4.4.1311 8uilding Frontages and Setbasks for Other Road'J:ays
15
ORD. NO. 6-07
Section 4. That Sections 4.4.13(F), "Development Standards", Subsections (4) "Side Interior
Setbacks", (5) "Side Street Building Frontage and Setbacks", and (6) "Rear Setbacks", of the Land
Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as
follows:
(4jill Side Interior Setbacks for all buildings shall be as follows:
(a) Zero feet (0') from the property line if there is vehicular access available to
the rear of any structure, or
(b) Ten feet (10') from the property line where no vehicular access is available
to the rear of any structure. For a side interior lot, a ten foot (10') setback
is required only on one (1) side.
(c) Buildings shall also comply with Section 4.6.4(A). as applicable.
~@ Side Street Building Fronta2e and Setbacks
(a) Side street setbacks shall be taken from the property line, or if a dedication
is required, from the resulting property line after dedication.
(b) Side street building frontage and setbacks shall comply with the applicable
roadway requirements in Tables 4.4.13-1 and 4.4.13-2.
(c) For comer lots fronting on i\:tlaatic Avenlle, Pineapple Grove Way, HE and
~III i\'1eaues, HE aDd SE 6111 .A~'\'enues, or NW and SW 5111 Avenues, the
same development standards mat apply on Atlantic .".. venae, Pineapple
Grove Way, NE and SE 5lil-J,A~venae, HE and SE 6111 A'/enue, or HW and SW
~III .A~venae, shall apply to the f1i'st sixty (60) feet, talc-en from the f~tlaBtic
Avenue, Pineapple Grove Way, NE and SE 5111 Avenl:le, NI; aBEl SE 6111
.A~Yenae, or NW ana SW 51h f~venue, praf)erty line, ar if a dedieation is
required, fram the resalting preflerty liBe after dedication. Corner lots may
continue primary frontage setbacks for a distance of sixty feet (60') from
the front oroperty line or if a dedication is required from the resulting
orooerty line after dedication.
16
ORn. NO. 6-07
SAME DEVELOPMENT
STANDAROS1M-bId:L APPLY
TO THE FIRST 60 FT.
.
may
~
o
Ii
~
8 \
w
CIl
PRIMARY R.O.w.
Figure 4.4.13-12 - Comer lots with .".tlantie AveRae, PiBeapple Crave Way, NElSE SIlIo ,,"veaae, NEfSE (/"
A veRae, ar NW /SW gti' f.?JeBtle Fraatage
(efill Rear Setbacks for all building floors shall be a miniHR:lm of tea feet (lQ') from the
fJmperty liRe
(a) All building floors shall be a minimum of ten feet (10') from the propertY
line.
(b) Buildings shall also comply with Section 4.6.4<A). as aoolicable.
fftOO Structures Allowed Within Setback
(a) Balconies may encroach a maximum of four feet (4') into the setbacks.
(b) Loggias and Trellises above the ground floor are allowed to encroach into
the setbacks provided they do not exceed the required building setback of
the portion of the floor directly below it.
(c) Roof Eaves may encroach into the setbacks a maximum of four feet (4').
17
ORD. NO. 6-07
OPEN TRELUSES AND
LOGGIAS 12 FT. MAX.
ROOF EAVES MAX. 4 FT.
BALCONIES 4 FT. MAX. >>>
I
I
PROPERTY LINE
~
Figure 4.4.13-13 - Encroachments
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.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 7.
and final reading.
That this ordinance shall become effective immediately upon its passage on second
PASSED AND ADOPTED in regular session on second and final reading on this _ day of
,2007.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
18
ORD. NO. 6-07
PLANNING AND ZO
MEETING DATE: FEBRUARY 12, 2007
AGENDA NO: IV.A.
AGENDA ITEM: CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT," SUBSECTION (F), "DEVELOPMENT STANDARDS,"
RELATING TO THE DOWNTOWN DELRAY BEACH DESIGN GUIDELINES
The item before the Board is that of making a recommendation to the City Commission regarding
amendments to the Land Development Regulations relating to the Downtown Delray Beach Design
Guidelines, pursuant to LOR Section 2.4.5(M).
Pursuant to LDR Section 1.1.6(A), the text of the LOR may from time to time be amended,
changed, supplemented, or repealed. No such action, however, shall be taken until a
recommendation is obtained from the Planning and Zoning Board and until a public hearing has
been held by the City Commission. Any such change shall be made by ordinance, pursuant to
procedures found in LOR Section 2.4.5(M).
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach
Master Plan, to guide future development of the downtown business districts. The Plan
characterizes the City's downtown as the commercial areas surrounding the Atlantic Avenue
corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the Citizens'
vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of
the community and the creation of a recognizable and seamless center for our city. During the
development of the Plan, three neighborhoods and districts were identified for the downtown area:
The West Atlantic Neighborhood, the Central Core, and the Beach District. All of these districts are
under one zoning classification - the CBD (Central Business District).
To preserve the unique characteristics of each area and ensure that building forms are of a
character and scale that reinforce the citizens' vision of a "City of urban amenities with a small town
feeling", the Master Plan called for the development and implementation of design guidelines for
the downtown area. These guidelines, developed by consultants Jaime Correa & Associates, the
Design Guidelines Subcommittee, community and industry stakeholders, and staff, were adopted
by the City Commission on May 4, 2004.
As the guidelines were being completed, the City also began the process of adopting a Future
Land Use Map amendment and rezoning of the West Atlantic Neighborhood from GC to CBD, to
be consistent with the zoning on the balance of the downtown area. Originally, the intent was for
the design guidelines to apply to a unified CBD zoning district with three distinctive sub-
areas/districts, including the West Atlantic Neighborhood. However, since the FLUM amendment
and rezoning process would take approximately 6 months, it is decided to proceed with the LDR
amendments and incorporate the design guidelines into the GC district (West Atlantic Overlay
portion) until the adoption of the CBD rezoning and Commercial Core land use designation. This
would ensure that development within this six month period would be consistent with the new
development standards/design guidelines. It was understood that once the West Atlantic
IV.A.
Planning and Zoning Board Memorandum Staff Report, February 12, 2007
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Neighborhood was rezoned to CBD, the regulations pertaining to that area would be incorporated
into the CBD regulations. Once the FLUM Amendment/Rezoning process was completed, the Land
Development Regulations were amended accordingly. These amendments were adopted by the
City Commission on November 16, 2004.
Although there have been a number of projects approved since the adoption of the design
guidelines, none of the projects have been constructed. It has been stated by the developers of
several of these projects that the impact of the design guidelines on construction costs has made
the projects economically infeasible. Local architects have also expressed concerns that the
guidelines are hindering design creativity and adding unnecessary costs to projects. In late 2006,
the CRA and City staff participated in a series of meetings with local developers and design
professionals to review the guidelines and determine if changes were warranted. If was determined
that there were a number of problems that should be addressed. The proposed changes to
address these concerns are described in the analysis section below.
To summarize, the proposed revisions would do the following:
Minimum front setback on ground floor:
· 5' if ground floor is nonresidential.
· 10' if ground floor is residential.
. 0' for arcaded buildings on Atlantic Avenue in the West Atlantic and Beach areas, and on A1A.
Frontage and other requirements:
. The Tables are being eliminated and the standards are described in paragraph form.
. In order to provide a pedestrian-friendly experience at the street level, we are maintaining the
minimum/maximum frontage requirements (the majority of the building has to be built within 10'
of the property line). The remaining portion of the building has to be set back at least 15', but
there is no longer a maximum setback for that portion (you can go back as far as you want).
. Where previously there were six (6) different standards depending on what street or what area
the property is located on, there are now only two. They are based on the typical width of the
road. On the wider streets (Atlantic Avenue west of Swinton Avenue and east of the ICWW, the
Federal Highway pairs, and A-1-A) buildings can go up to 37' (approximately 3 stories) before a
step-back along the frontage is required. On all other streets the step-back is required after 25'
(approximately 2 stories).
. On the upper levels (up to 48'), at least 70% of the building has to be set back (stepped back) a
minimum of 15' from the front property line. The rest of the upper level can be built at the
minimum front setback. In addition to the setback, the floor area of the upper floors can be no
greater than 70% of the allowable ground floor area. Beyond 48', 90% of the building has to be
stepped back 30' from the front property line, and the floor area can't exceed 50% of the
allowable ground floor footprint.
. The net effect is to allow some flexibility so that now up to 30% of the building can be at the
minimum front setback (up to 48'), and 10% can be at the minimum up to 60'. The trade off is a
reduction in the floor area at the upper levels.
· There are some exceptions allowed to the frontage requirements in order to accommodate
features such as stair towers, elevator shafts, sight visibility triangles, utility easements,
driveways, etc. In all cases the exception granted must be the minimum necessary to
accommodate the feature. Exceptions are also permitted for public plazas and parking garages.
In addition, 3 story town homes are not required to step back the upper story (however they will
have to be set back a minimum of 10').
· Regarding the frontage requirements on corner properties, the primary frontage requirements
MAY be extended along the side street, but it is not required.
2
Planning and Zoning Board Memorandum Staff Report, February 12, 2007
Downtown Delray Beach Design Guidelines - LOR Text Amendment
. The floor height for hotel/motels has been decreased to 8' 6" for all floors provided the lobby and
all public rooms have a minimum height of 10'. Currently, a 10' minimum height is required for
the ground floor and 9' for all other floors.
. Additional flexibility is added to allow modification of frontage requirements by SPRAB to
accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc.
. The definition of height has been modified in this section to encourage hip, gable and gambrel
roofs rather than flat or mansard roofs. This has been accomplished be refining how height is
measured to between grade and the soffit above the last habitable floor of a gable, hip, or
gambrel roof rather than from grade to the mean level between the tie beams and the ridge for
gable, hip, or gambrel roofs.
REQUIRED FINDINGS
LOR Section 2.4.5(MH5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the goals, objectives and policies of the adopted Comprehensive Plan were conducted
and the following applicable objective and policy is noted:
Future Land Use Element Obiective A-5
The City shall maintain its Land Development Regulations, which shall be regularly reviewed and
updated, to provide streamlining of processes and to accommodate planned unit developments
(PUD) , mixed-use developments, and other innovative development practices.
As new development has been designed pursuant to the existing design guidelines it has become
apparent that adjustments are needed. The staff has met with local design professionals are
solicited their concern and challenges experienced with the current design guidelines. These
proposed changes address these concerns along with concerns gleamed from here make the
guidelines easier to apply and provide additional design flexibility while maintaining the overall
goals of mitigating mass and scale of buildings in the downtown area.
Future Land Use Element Policv C-4.2 The "Downtown Delray Beach Master Plan" was adopted
by the City Commission on March 19, 2002. Covering the downtown business districts surrounding
the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens' vision for the
growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea"
character of the CBD. The Plan addresses a wide range of issues including infill development,
neighborhood parks, shared parking, public art, the roadway and alleyway systems,
marketing/economic development, and the need to modify the Land Development Regulations to
include design guidelines to retain the character of Delray Beach. Future development and
redevelopment in this area shall be consistent with the Master Plan.
The above policy and adopted Downtown Delray Beach Master Plan characterize the City's
downtown as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and
State Road A-1-A (Ocean Boulevard). The original adoption and subsequent amendments of the
design guidelines for the CBD is just one of the many recommendations and strategies called for in
the Plan to address its goal for unity, while guiding the revitalization and redevelopment of the
City's downtown.
Based upon the above, the proposed LOR amendments will further the Goals, Objectives, and
Policies of the Comprehensive Plan in accordance with LOR Section 2.4.5(M) (5).
3
Planning and Zoning Board Memorandum Staff Report, February 12, 2007
Downtown Delray Beach Design Guidelines - LOR Text Amendment
Prior to adoption of the amendments to the Design Guidelines several reviews have been
conducted with the local design community and the item has been presented to the following
reviewing boards, agencies and organizations:
· Community Redevelopment Agency (CRA)
. Downtown Development Authority (DDA)
. West Atlantic Avenue Redevelopment Coalition (W ARC)
· Pineapple Grove Main Street (PGMS)
West Atlantic Avenue Redevelopment Coalition:
The Board considered the changes early on in the modification process on January 10, 2007
and did not have any concerns.
Pineapple Grove Main Street:
The Board considered the changes at their meeting of February 7, 2007 and recommended
approval.
Downtown Development Authoritv:
This Board will consider the changes at their meeting of February 12, 2007 and their
recommendations will be reported to the Planning and Zoning Board at the meeting.
Community Redevelopment Aaencv:
The CRA considered the text amendments at its meeting of January 11, 2007. The Board
recommended approval.
The purpose of the city initiated LOR text amendment is to address concerns that the guidelines
are hindering design creativity and adding unnecessary costs to projects, These LOR changes
have come out of suggestions gleamed from a series of meetings with local developers and design
professionals as well staff issues that have surfaced during the development review process. The
proposed amendments are consistent with and further the Goals, Objectives and Policies of the
Comprehensive Plan.
Move a recommendation of approval to the City Commission for the amendment to the Land
Development Regulations, as it relates to the Downtown Delray Beach Design Guidelines, 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
1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Attachment:
· Proposed Ordinance NO.6-0?
4
[IT' DF DElRA' BEA[H
~
CITY ATTORNEY'S OFFICE
2()() I\W 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: 561 /24,,-]()()() . FACSI\1ILE: 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
IIIa.I:II
All-America City
, IIII!DATE:
MEMORANDUM
February 5, 2007
1993
2001
TO:
FROM:
City Commission
David Harden, City Manager
~~
Brian Shutt, Assistant City Attorney
SUBJECT: Waiver of Biddinq ReQuirements/Citv Hall Renovation Proiect
The City Hall renovation project was advertised for competitive bids in October
2006, the City failed to receive any response to this advertisement. City staff
subsequently pursued and received a quote from BSA Corporation.
In order for the Commission to award the contract, the Commission must first
waive the bidding requirements contained in Chapter 36 of the Code of
Ordinances. Pursuant to Section 30.15 of the Code Ordinances, the Commission
may waive another Code section provided that it is conducted at a public hearing
and notice of the hearing has been published. Notice of the public hearing for
February 20,2007 has been published.
Staff is requesting that this waiver request be placed on the February 20, 2007
Commission agenda for approval. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Richard Hasko, Environmental Services Director
10. [
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.mydelraybeach.com
TO:
Brian Shutt, Assistant City Attorney ~
Victor Majtenyi, Deputy Director of Public UtilitIes
FROM:
SUBJECT:
CITY HALL INTERIOR RENOVATIONS PHASE I (PIN 2006-058)
Waiver of Bidding Requirements
DATE:
January 30,2007
The plans and specifications for the City Hall Interior Renovations project were advertised on October 4,
2006 for competitive bids. When the bid submittal deadline of November 14, 2006 arrived, there were
no responses to the advertisement. Subsequently, staff pursued quotes from Randolph and Dewdney
Construction and BSA Corporation.
Since the initial attempt to acquire a bid through the competitive bid process as required by City
Ordinance was unsuccessful, staff will be recommending award on the basis of lowest quote, received
from BSA Corporation in the amount of $533,000.00. In order to proceed with the contract award, City
Commission will have to waive the City's Ordinance requiring competitive bidding on this project.
I would appreciate if you would initiate the necessary public notifications and prepare the associated
commission agenda item for this waiver. We are planning to send the recommendation for award on the
February 20th, 2007 Commission meeting. We will forward you a copy of that agenda package.
cc: Richard Hasko, P.E.; Director of Environmental Services
Rafael Ballestero; Dep. Dir. of Construction
Bob Diaz; Construction Manager
Carolanne Kucmerowski; Construction Management Tech.
Project File; 2006-058(A)
RECEIVED
JAN 3 , 2007
CITY ATTORNEY
S:\EngAdminIProjectsI200612006-058\OFFlCIALICity At! Memo bid waiver OJ.30.07.doc
MEMORANDUM
fA
TO:
FROM:
David T. Harden, City Manager
Richard C. Hasko, Environmental Services Director V
Carolanne Kucmerowski, Construction Management TeChnicia@
THRU:
SUBJECT:
AGENDA ITEM - CITY COMMISSION MEETING OF FEBRUARY 20. 2007
CONTRACT AWARD/CITY HALL INTERIOR RENOVATIONS PHASE I
DATE:
February 9, 2007
ITEM BEFORE THE COMMISSION
This item is before the Commission to approve a contract award in the amount of $533,000.00 to BSA
Corporation for the City Hall Interior Renovations Phase I Project.
BACKGROUND
The plans and specifications for the City Hall Interior Renovations Project #2006-058 were advertised on
October 4, 2006 for competitive bids. When the bid submittal deadline of November 14, 2006 arrived,
there were no responses to the advertisement. Subsequendy, staff pursued quotes from Randolph and
Dewdney Construction and BSA Corporation.
Since the initial attempt to acquire a bid through the competitive bid process was unsuccessful, staff is
recommending award, on the basis of lowest quote, to BSA Corporation in the amount of $533,000.00.
Funding is available from 334-6112-519-62.86 (General Construction Fundi City HalliN orth Wing &
Chambers).
RECOMMENDATION
Staff recommends approval of a contract award in the amount of $533,000.00 to BSA Corporation for the
City Hall Interior Renovations Phase I Project.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Bob Diaz, Construction Manager
Agenda File 02/20/07
File 2006058(E)
S:\EngAdminlProjects\2006\2006-058\OFFICIALIBSA Award Agd Mem GC 022007.doc
l O. k.l
CITY HALL INTERIOR RENOVATION PHASE I- NORTH WING
PROJECT NO. 2006-058
BID TABULATION
BSA CORPORATION
ITEM NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENDED PRICE
1.0 Demolition & Renovation of the City Hall North L.S. 1 $ 510,990.00 $510,990.00
Wing, Complete per plans and specifications
2.0 Signage Allowance L.S. 1 $ 2,000.00 $ 2,000.00
,
3,0 Contin2enCY Allowance L.S. 1 $ 20,000.00 $ 20,000.00
4.0 Indemnification L.S 1 $ 10.00 $ 10.00
TOTAL EVALUATED BASE BID $ 533,000.00
S:\EngAdmin\Projects\2006\2006-058\OFFICIAL\2006 058 Bid Tab BSA.xls
Page 1
Page 1 of 1
Kucmerowski, Carolanne
From: Majtenyi, Victor
Sent: Friday, February 09, 20073:17 PM
To: 'RDCINCORP@aol.com'
Cc: Kucmerowski, Carolanne; Ballestero, Rafael
Subject: RE: City Hall North Wing Phase I Renovations.
Dwayne,
As you know, the City did not receive any bids on the City Hall North Wing Phase I project (P/N 2006-058). Bids
were due on November 14, 2006 at 2PM. Subsequent to the bid opening, city staff asked Randolph and
Dewdney Construction to give the project consideration and if still interested, provide a proposal. A couple of
weeks later in the beginning of December 2006, Rafael Ballestero (Deputy Director of Construction) and I met
with you to review the project scope and phasing. At that time your rough estimate on the scope of work was
starting at $600,000, not including any costs considered for phasing and/or remobilization of subcontractors. With
that figure in mind, the City did not ask you to expend the time and effort on securing a more refined cost.
Please confirm if my recollection of the meeting is accurate.
As a point of information, since our last meeting, the City has also asked BSA to provide a cost. They provided a
proposal in the amount of $533,000. The City plans on awarding the contract to BSA for the work on the
February 20th, 2007 City Commission meeting.
Thanks,
Vic
Victor Majtenyi
Deputy Director Public Utilities
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Florida 33444
561-243-7328
2/9/2007
Page 1 of 1
Kucmerowski, Carolanne
From: Majtenyi, Victor
Sent: Monday, February 12, 2007 10:18 AM
To: Kucmerowski, Carolanne; Diaz, Jabiel
Cc: Ballestero, Rafael
Subject: FW: City Hall North Wing Phase I Renovations.
FYI.. ..
From: RDCINCORP@aol.com [mailto:RDCINCORP@aol.com]
Sent: Monday, February 12, 20079:45 AM
To: Majtenyi, Victor
Subject: Re: City Hall North Wing Phase I Renovations.
Victor,
This is to comfirm your email regarding the City Hall Renovations Project (PIN 2006-058).
Yes you are correct, the rough estimates at that time were around $600,000.
Dwayne Randolph
Randolph & Dewdney Construction, Inc.
1191 N. Federal Highway
Delray Beach, FL 33483
(561) 276-2889 Fax: (561) 279-4885
RRCINCQRP@AOL,CQM
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
2/1212007
Agenda Item No.: l 0 .~ . I
AGENDA REQUEST
DATE: February 9, 2007
Request to be placed on:
~ Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: FEBRUARY 20. 2007 Commission Meeting
Description of item (who, what, where, how much):
This item is before the Commission to approve a contract award in the amount of $533,000.00 to BSA
Corporation for the City Hall Interior Renovations Phase I Project #2006-058.
The plans and specifications for the City Hall Interior Renovations Project #2006-058 were advertised on
October 4, 2006 for competitive bids. When the bid submittal deadline of November 14, 2006 arrived, there
were no responses to the advertisement. Subsequently, staff pursued quotes from Randolph and Dewdney
Construction and BSA Corporation.
Since the initial attempt to acquire a bid through the competitive bid process was unsuccessful, staff is
recommending award, on the basis of lowest quote, to BSA Corporation in the amount of $533,000.00.
Funding is available from 334-6112-519-62.86 (General Construction Fund/City Hall/North Wing & Chambers).
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation:
Staff recommends approval of a contract award in the amount of $533,000.00 to BSA Corporation for the City
Hall Interior RenO(ld2vati Phase I Project #2006-058.
D~partment Hea I' LL1f2
Signature: L 'qz]~ '1-\%,-uJ
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 ~ [)Jt
Funding alternative N/A (if applicable)
Account No. & Description:
334-6112-519-62.86
General Construction Fund/Ci Hall/North Win & Chambers
~k~. 5> v 72- ;0 15
City Manager Review: @ ~
Approved for agenda: /NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projectsl200612006-058\0FF1CIALlBSA Award Agenda Req GC 022007.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITI COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # 10. 1= - REGULAR MEETING OF FEBRUARY 20.2007
RESOLUTION NO. 11-07/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /PALM BEACH COUNTY SCHOOL BOARD
SUBJECT:
DATE:
FEBRUARY 16, 2007
This item is before the Commission for approval of Resolution No. 11-07 authorizing the City to purchase
an additional 1.18 acres of property, located at 2501 Seacrest Boulevard, from the Palm Beach County
School Board for the Soccer Complex.
The additional property will allow for construction of the press box concession stand in the northwest
comer of the soccer complex property and it will provide additional land to use for the soccer fields so
that the City may complete Phase I of the construction at one time.
Recommend approval of Resolution No. 11-07 authorizing the City to purchase an additional 1.18 acres of
property, located at 2501 Seacrest Boulevard, from the Palm Beach County School Board for the soccer
complex in the amount of $132,750.00.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Res Not t-07 0220.07.doc
RESOLUTION NO. 11-07
A RESOLUTION OF THE CITI COMMISSION OF THE CITI OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITI TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTI IN PALM
BEACH COUNTI, 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 CITI OF DELRA Y BEACH,
FLORIDA.
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to
the City of Delray Beach Florida, for park purposes; 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 CITI COMMISSION OF THE
CITI OF DELRA Y 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 School District of Palm Beach County, as Seller, for the purchase price
of One Hundred Thirty-Two Thousand Seven Hundred Fifty and OO/tOO Dollars ($132,750.00),
and other good and valuable consideration; said parcel being more particularly described as follows:
A PARCEL OF LAND LYING WITHIN THE NORTHEAST ONE-
QUARTER (NE V.) OF THE SOUTHWEST ONE-QUARTER (SW 1/.)
OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE PLAT OF DE
CARIE SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 24 AT PAGE 102 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTI, FLORIDA, SAID CORNER
LYING ON THE WESTERLY RIGHT OF WAY LINE OF THE
FLORIDA EAST COAST RAILROAD; THENCE S89016'05"W FOR
551.23 FEET TO THE POINT OF BEGINNING; THENCE SOoo43'55"E
FOR 585.72 FEET; THENCE S89013'05"W FOR 85.40 FEET; THENCE
NOoo08'18''W FOR 416.93 FEET; THENCE S89051'42''W FOR 18.00
FEET; THENCE NOoo41'41"W FOR 168.70 FEET TO A POINT ON
THE SOUTH LINE OF SAID PLAT OF DE CARIE SUBDIVISION;
THENCE S89016'05''W ALONG SAID SOUTH LINE FOR A
DISTANCE OF 98.97 FEET OT THE POINT OF BEGINNING.
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 _ day of
2007.
MAYOR
ArrEST:
City Clerk
2
RES. NO. 11-07
EXHIBIT "A"
CONTRACT FOR SALE AND PURCHASE FOR
ADDITIONAL PROPERTY FOR SOCCER COMPLEX
THIS AGREEMENT made and entered into this _ day of ,
20_, by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
(hereinafter referred to as "SELLER") whose address is 3300 Forest Hill Boulevard, B-246,
West Palm Beach, Florida 33406, and the CITY OF DELRA Y BEACH, FLORIDA
(hereinafter referred to as "BUYER") whose address is 100 N.W. 1st Avenue, Delray
Beach, FL 33444
For and in consideration of mutual covenants set forth herein and other good and
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, and
in further consideration of the terms and conditions hereinafter set forth, the parties hereto,
intending to be legally bound, agree as follows:
1. AGREEMENT TO SELL AND BUY
The SELLER hereby agrees to sell to the BUYER and the BUYER hereby agrees to buy
from the SELLER, subject to the terms and conditions hereinafter set forth, that certain
property in Palm Beach County, Florida, legally described as follows:
Begin at the Southeast comer of the Plat of De Carie Subdivision according
to the Plat thereof recorded in Plat Book 24 at Page 102 of the Public
Records of Palm Beach County, Florida, said corner lying on the westerly
right of way line of the Florida East Coast Railroad; thence S89016'05"W for
551.23 feet to the point of beginning; thence SOo043'55"E for 585.72 feet;
thence S89013'05"W for 85.40 feet; thence NOoo08'18"W for 416.93 feet;
thence S89051 '42"W for 18.00 feet; thence NOo041 '41 "W for 168.70 feet to a
point on the south line of said plat of De Carie Subdivision; thence
S89016'05"W along the south line for a distance of 98.97 feet to the point of
beginning.
together with all and singular the rights and appurtenances pertaining thereto (hereinafter
referred to as the "Property").
2. PURCHASE PRICE
A. The purchase price is the sum of One Hundred Thirty-Two Thousand Seven
Hundred Fifty Dollars ($132,750.00) payable at time of closing by Cashiers
check. At such time as the purchase price is paid, the aforesaid deed shall
be delivered to the BUYER.
B. Purchase Price set out in Section 2.A. above is based upon 1.18 acres. In
the event that the actual surveyed acreage is more or less, the Purchase
Price shall be adjusted up or down in the amount of $112,500.00 per acre
based on the surveyed acreage of the Property actually purchased and sold.
3. TIME FOR ACCEPTANCE
If this Agreement is not executed by the SELLER and the BUYER on or before February
28, 2007, this Agreement shall be null and void. The date of agreement, for purposes of
performance, shall be regarded as the date when the last one of the SELLER and the
BUYER has signed this Agreement.
4. CLOSING DATE
This Agreement shall be closed and the deed and possession shall be delivered on or
before March 30, 2007; unless extended by other provisions of this Agreement.
5. EVIDENCE OF TITLE
BUYER may obtain a title commitment proposing to insure BUYER's title to the Property.
All costs associated with the title search and all title policy premiums shall be paid by
BUYER. If title is found defective, BUYER shall notify SELLER in writing specifying
defect(s). If defect(s) render title unmarketable, SELLER will have a reasonable amount of
time, not to exceed sixty (60) days, from receipt of notice within which to remove the
defect(s). BUYER shall have the option of either accepting the title as it then is 'or
demanding a refund of deposit(s) paid which shall immediately be returned to BUYER;
thereupon BUYER and SELLER shall release one another of all further obligations under
the Agreement.
6. CONVEYANCE
SELLER shall convey title to the Property to the BUYER by Special Warranty Deed. The
Property shall be conveyed in an AS IS, WHERE IS manner without any express or
implied warranties or representations outside of SELLER's ownership interest.
7. ADDENDUM PROVISIONS
Any provisions in an attached Addendum to this Agreement signed by the BUYER and the
SELLER shall ,control any printed provisions herein in conflict therewith.
8. OTHER AGREEMENTS
No agreements or representations, unless incorporated in this Agreement shall be binding
upon any of the parties. No modification or change in this Agreement shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to
be bound by it.
9. DOCUMENTS FOR CLOSING
The BUYER shall prepare the deed, and the closing statement and submit copies of the
same to SELLER's attorney, at least five (5) days prior to scheduled closing date.
10. EXPENSES
State documentary stamps, if required, and recording costs shall be paid by the BUYER.
11. PLACE OF CLOSING
Closing shall be held at the office of the SELLER or as otherwise agreed upon.
12. TIME IS OF THE ESSENCE
Time is of the essence of this Agreement for Sale and Purchase.
ATTEST
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
BY
Thomas E. Lynch, Chairman
BY
Arthur C. Johnson, Ph.D.,
Superintendent
Board Approval Date:
Reviewed And Approved As To Legal
Form
School Board Attorney
Date:
Signed in the presence of two witnesses
Print Name:
Print Name:
Approved for Form and
Legal Sufficiency:
City Attorney
CITY OF DELRA Y BEACH, FLORIDA
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin, City Clerk
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
:'11(1 'JW 1st AVEN\ F' DU.R.\Y BEACH. FLORIDA 33444
! I,LEI'HONE :'(j i!,'-U -'I)'I() . FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DElRAY BEACH
F l 0 f( I D 1\
t&e.I:II
AII.America City
, III1 ' DA ~E:
@ TO.
MEMORANDUM
January 23,2007
1993
2001
City Commission
David T. Harden, City Manager
Terrill Barton, Assistant City Attorney "}C/~
SUBJECT: Amendment #3 to Interlocal Agreement between the School Board
and the City of Delray Beach and Contract for Sale and purchase for
Additional Property for Soccer Complex
FROM:
Attached please find Amendment #3 to the Interlocal Agreement between the City
and the School Board amending the agreement that was signed on July 26,2006.
This Amendment will allow the City to purchase an additional 1.18 acres of
property from the School Board in order to construct the Press Box Concession
Stand in the northwest corner of the soccer complex property and it will give the
City additional land to use for the soccer fields so that the City may complete
Phase I construction all at one time.
Please place this item on the next available City Commission agenda for
consideration. It should be noted that these agreements are scheduled to go
before the School Board at their meeting on February 21,2007.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
10. r I
AMENDMENT NO.3 TO INTERLOCAL AGREEMENT BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AND THE
CITY OF DELRAY BEACH FOR THE PURCHASE AND CONSTRUCTION
OF A SOCCER COMPLEX AND JOINT USE OF LAND AND FACILITIES
THIS AMENDMENT NO. 3 to the lnterlocal Agreement is entered into by and
between the CITY OF DELRAY BEACH, FLORIDA, ("City") and THE SCHOOL
BOARD OF PALM BEACH COUNTY, FLORIDA ("School Board") on this day
of January, 2007.
WITNESSETH
WHEREAS, the parties desire to amend the Interlocal Agreement entered into on
July 26, 2006 in order to allow the City to purchase an additional 1.18 acres from the
School Board for construction of a pressbox concession stand on the Soccer Complex
on the Old Atlantic Site. The land to be purchased for the press box concession stand
building is described more particularly in the legal descriptions and surveys attached
hereto as Exhibit "0" and the contract for Sale and Purchase of an additional 1 .18 acres
for the construction of a press box concession stand is attached hereto as Exhibit "E".
NOW, THEREFORE, in consideration of the mutual covenants, stipulations and
agreements herein contained, the parties agree as follows:
1. The recitations referred to above are hereby incorporated herein.
2. Article 1, "General", of the lnterlocal Agreement of July 26, 2006, shall be
amended as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated
herein as if fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to enhance
recreational opportunities for use by the public and the students of Palm Beach County.
Section 1.03 The defined terms as used in this Interlocal Agreement shall have
the following meanings:
1 . Old Atlantic Site shall mean the property owned by the School Board
that was the former site of Atlantic High School located at 2501 Seacrest
Boulevard, Delray Beach, Florida.
2. Middle School shall mean the middle school that the School Board
intends to construct on the Old Atlantic Site.
3. Soccer Complex shall mean the land described in Composite Exhibit "A"
and additional land described in Exhibit "0".
4. Soccer Complex Improvements shall mean the improvements listed in
Section 3.01 of this Agreement.
5. Soccer Complex Parking Area shail mean the land on which the City-
owned parking for the Soccer Complex shall be constructed. The Soccer
Complex Parking Area will be located on a portion of land described in
Composite Exhibit "A". The exact specifications for the parking area shall
be decided after the completion of the site design plan for the Middle
School, provided, however, that retention is met according to the South
Florida Water Management District requirements and that the Soccer
Complex Parking Area shall be sufficient and shall equal at least 130 -165
9 feet by 18 feet parking spaces and shall be located within four hundred
feet (400') from the Soccer Complex.
6. Soccer Complex Parking Area Improvements shall mean the paving,
striping, drainage improvements and lighting required for the Soccer
Complex Parking Area.
7. Fields shall mean the City-owned practice field facilities located at 2475
West Atlantic Avenue, Delray Beach, Florida, adjacent to the new Atlantic
High School.
8. School Board's Representative shall mean the Chief of Facilities
Management.
9. City's Facilities shall collectively mean the Fields and the Soccer
Complex Improvements.
2
10. School Board's Facilities shall collectively mean the football field,
football stadium, gymnasium, and parking located on the Old Atlantic Site.
11. Interim Parking shall mean an area of at least 130-165 9 feet by 18 feet
parking spaces located adjacent to the Soccer Complex to the west that
shall remain in the ownership of the School Board but shall be utilized by
the City until the City purchases the Soccer Complex Parking Area from
the School Board at a later date as contemplated by this Agreement.
12. Restroom facilities shall mean the existing one-story restroom building
located to the north of the football stadium.
13. Press Box Concession Stand shall mean the two-stOry structure
proposed to be constructed on the northwest side of the Soccer Complex
that will consist of a concession stand. restrooms. storaqe. a meetinq
room. and a press box.
14. Metal Storaae Buildina shall mean the metal storaqe buildinq located on
the Soccer Complex.
3. Article 3, "Schedule/Scope of Work" of the Interlocal Agreement of July 26,
2006, shall be amended as follows:
ARTICLE 3: SCHEDULE/SCOPE OF WORK
Section 3.01 The scope of work and schedule for completion of the
Soccer Complex Improvements shall be as follows:
Soccer Complex Improvements: Phase I Improvements include:
1. Construct three (3) soccer fields,
2. Remove existing basketball and tennis courts western plav court,
3. Sod in existing softball fields, remove backstops and fencing,
4. Move existing light poles to the east and south of Soccer Complex,
5. Install perimeter fence around Soccer Complex and provide gate access
from Soccer Complex to adjacent football stadium field and old Atlantic
site,
3
6. Remove all existing buildings just north of football stadium (except press
box and restroom facilities).
7. Move storage container to southwest area near football field and track,
8. Construct a concession stand building with restrooms, concession stand
and press box,
9. Fill and sod area between multipurpose field and track,
10. Lighting for the Soccer Complex,
11. Install concrete pad at northeast corner of Soccer Complex,
12. Provide a new sidewalk with ADA access to the east plav court and
PQrovide gate access to the sidewalk located to the south of the existing
play courts and extend the fence ~md the existing sidew31k to run north
and south on the east side of the play courts and include a gate access
between the play courts, and Soccer Complex and refurbish the east plav
court; and
13. Seal coat the existinq parkinq lot directlv to the west of the Soccer
Complex and provide new stripinq for same; provide a new pedestrian
crosswalk from the school oate north of the existino Clinic to the new
sidewalk: create a drop off area in front of the proposed press box
concession stand. includino a landscape island. and provide a traffic
calminq device approximatelv 150 feet to the west of the press box
concession stand; and
4-J.14. Other improvements within the Soccer Complex as deemed necessary by
City.
4. Article 5, "Use of Properties" of the Interlocal Agreement of July 26, 2006,
shall be amended as follows:
Section 5.01 Use of Gymnasium, Football Stadium Field and Interim
Parking - The School Board agrees to make available the gymnasium, football
stadium field and Interim Parking. The City shall be permitted to use the
gymnasium, football stadium field and Interim Parking in accordance with the
prescribed procedure and conditions set forth herein, and without prior approval
from 4:00 p.m. until 10:00 p.m. Monday through Friday until the Middle School is
completed and from 9:00 a.m. until 6:00 p.m. on Saturday and Sunday.
Additional use of the gymnasium, football stadium field and Interim Parking by
4
the City is allowed so long as ten (10) days advance notice is given to School
Board in accordance with Article 12 herein and the additional use does not
conflict with a School Board or County program or activity as defined in the
certain Interlocal Agreement entered into by the School Board and Palm Beach
County dated October 15, 2003. Both parties agree to meet prior to the opening
of the new Middle School on the site in order to determine and agree on the
revised times of use. The School Board shall be responsible for the utility costs
associated with the School Board's Facilities. If the gymnasium and/or football
stadium field are destroyed for any reason, the School Board agrees to permit
the City to continue to utilize the new gymnasium/football stadium field as
provided in accordance with the terms of this Agreement.
Section 5.02 Use of Soccer Complex/Fields - The City agrees to permit
the onsite school located on the Old Atlantic Site to use the Soccer Complex
Improvements in accordance with the prescribed procedure and conditions set
forth herein, and without prior approval for recreational purposes from 8:00 a.m.
until 4:00 p.m. Monday through Friday. The City aarees to permit the school to
have access to the metal storaae buildina on the Soccer Complex Property at all
times. The City agrees to permit the School Board to use the Fields annually
from August 1 through November 30 from 3:00 p.m. to 6:00 p.m. Monday through
Saturday for football, band and Eaglettes practice; from November 1 through
February 28 from 3:00 p.m. to 6:00 p.m. Monday through Saturday, the Fields
shall be available for soccer practice; and from May 1 through November 30 from
3:00 pm. to 6:00 p.m. Monday through Saturday the Fields shall be available for
spring football. Additional use of the Soccer Complex Improvements and/or
Fields is allowed so long as ten (10) days advance notice is given to the City in
accordance with Article 12 herein and the additional use does not conflict with a
City program or activity. The City shall be responsible for the utility costs
associated with the City's Facilities.
5. All other terms and conditions of the Interlocal Agreement of July 26, 2006
not in conflict with this Amendment shall remain in full force and effect and are
incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their hands, the day and
year first above written.
CITY OF DELRAY BEACH, FLORIDA
By:
ATTEST:
City Clerk
Jeff Perlman, Mayor
5
Approved as to legal form
And sufficiency:
City Attorney
Date:
ATTEST:
By:
Arthur C. Johnson, Ph.D.
Superintendent
Board Approval Date:
Approved for Form
and Legal Sufficiency:
School Board Attorney
Date:
THE SCHOOL BOARD OF PALM
BEACH COUNTY, FLORIDA
By:
6
Thomas E. Lynch, Chairman
><
w
... -
D.>CI)
:Et~
o II' ()
u-<(
a= D. +1
wON
UD::..q
UD.r:;.
o
en
~.P,
".,,,,
v.
./
!I1f399n~ ~..
"'..
~.P
:lV319
._8OJ.
'b.PL.
I}.
"1-.
~~ l n ~
!~ dU ~!I
n m F ...~
~~ d;~
O"O!
w
In
p
C')
~
.
o
o
rn
~ :" ~lm
~hi un;
;!~~
~&}.
"'Lil....o
l!s
I !I
~~
" n
! U g ~3, I
Y -~"I-\'I
. ~
j ~ :'L..~. . x X ....L~ ~ X
J._"__H_H_- ') .:;..=-:;;,. L. ~U1;'~:"
ZO~ aoVd.1'I: lKlOUYId ~ ~ ~ S!
NOI9l111Osns3OW:>iO~OiNl1Hl.11oa ~aaH~S aIHY:) aa 15i 15~_
---------------------
I .PL
.
I
I i
~
J
. I
...
. ~
l~iE ;
. .
o .
I a. <( 0 ~----liiMWmi~---.
113 ~ slr-- -- -~~----
II' ~ "'.: ~ ~;l: Ii
-.... I I -<)9 Ii!
-~u .' t e
~ - ~ . 0: .---11
__L!--------- -t-~ t-~~ 1~~~~~~-
I... __-tc::.!l!.~~-~----
L", .
"'Lj
""'-"'"
..........-..-1f olC_V-
(zoa. aOYd . ..,z -rrd) :
NOISIAlosns aIHY:) 30 I i~
a !EI
Ib
----- (
ii i~
1m !Ere
" ~~
~I ~~
---------
EXHIBIT "0"
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING WITHIN THE NORTHEAST ONE-QUARTER (NE
~) OF THE SOUTHWEST ONE-QUARTER (SW ~) OF SECTION 4,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHEAST CORNER OF THE PLAT OF DE CARIE
SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 24 AT PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF
WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE
S89016'05"W FOR 551.23 FEET TO THE POINT OF BEGINNING; THENCE
S00043'55"E FOR 585.72 FEET; THENCE S89013'05'W FOR 85.40 FEET;
THENCE N00008'18"W FOR 416.93 FEET; THENCE S89051'42'W FOR 18.00
FEET; THENCE NOo041'41'WFOR 168.70 FEET TO A POINT ON THE SOUTH
LINE OF SAID PLAT OF DE CARIE SUBDIVISION; THENCE S89016'OS'W
ALONG SAID SOUTH LINE FOR A DISTANCE OF 98.97 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA.
CONTAINING 51423 SOFT OR 1.18 ACRES OF LAND, MORE OR LESS.
NOTES:
1)THIS FIRM DID NOT ATTEMPT TO LOCATE UNDERGROUND
FOUNDATIONS OR FOOTERS.
2) THIS SURVEY IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED SURVEYOR.
3) RECORD INFORMATION SHOWN HEREON WAS TAKEN FROM RECORD
PLATS OBTAINED FROM THE PUBLIC RECORDS OF PALM BEACH
COUNTY.
4) BEARINGS SHOVlIN HEREON ARE BASED ON THE CENTERLINE OF
SEACREST BOULEVARD, HAVING AN ASSUMED BEARING OF NORTH
01005'18" WEST AS SHOWN ON THE PLAT OF NORTHRIDGE ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 168 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
5) SYMBOLS SHOWN HEREON ARE NOT TO SCALE.
6) THIS SURVEY WAS NOT ABSTRACTED FOR EASEMENTS AND/OR
RIGHTS OF WAY OF RECORD OTHER THAN SHOWN HEREON.
7) THE LEGAL DESCRIPTION SHOWN HEREON WAS WRITTEN BY THE
UNDERSIGNING SURVEYOR AS DIRECTED BY THE CLIENT.
8) ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC
VERTICAL DATUM OF 1929.
9) BENCH MARKS USED: PALM BEACH COUNTY BENCH MARK
"AOUALANTIC" - ELEVATION 23.065.
CONTRACT FOR SALE AND PURCHASE FOR
AOOITIONAL PROPERTY FOR SOCCER COMPLEX
THIS AGREEMENT made and entered into this _ day of ,
20_, by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
(hereinafter referred to as "SELLER") whose address is 3300 Forest Hill Boulevard, B-246,
West Palm Beach, Florida 33406, and the CITY OF DELRAY BEACH, FLORIDA
(hereinafter referred to as "BUYER") whose address is 100 N.W. 1st Avenue, Delray
Beach, FL 33444
For and in consideration of mutual covenants set forth herein and other good and
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, and
in further consideration of the terms and conditions hereinafter set forth, the parties hereto,
intending to be legally bound, agree as follows:
1. AGREEMENT TO SELL AND BUY
The SELLER hereby agrees to sell to the BUYER and the BUYER hereby agrees to buy
from the SELLER, subject to the terms and conditions hereinafter set forth, that certain
property in Palm Beach County, Florida, legally described as follows:
Begin at the Southeast corner of the Plat of De Carie Subdivision according
to the Plat thereof recorded in Plat Book 24 at Page 102 of the Public
Records of Palm Beach County, Florida, said corner lying on the westerly
right of way line of the Florida East Coast Railroad; thence S89016'05"W for
551.23 feet to the point of beginning; thence SOoo43'55"E for 585.72 feet;
thence S89013'05"W for 85.40 feet; thence NOoo08'18"W for 416.93 feet;
thence S89051'42"W for 18.00 feet; thence NOoo41'41"W for 168.70 feet to a
point on the south line of said plat of De Carie Subdivision; thence
S89016'05"W along the south line for a distance of 98.97 feet to the point of
beginning.
together with all and singular the rights and appurtenances pertaining thereto (hereinafter
referred to as the "Property").
2. PURCHASE PRICE
A. The purchase price is the sum of One Hundred Thirty-Two Thousand Seven
Hundred Fifty Dollars ($132,750.00) payable at time of closing by Cashiers
check. At such time as the purchase price is paid, the aforesaid deed shall
be delivered to the BUYER.
B. Purchase Price set out in Section 2.A. above is based upon 1.18 acres. In
the event that the actual surveyed acreage is more or less, the Purchase
Price shall be adjusted up or down in the amount of $112,500.00 per acre
based on the surveyed acreage of the Property actually purchased and sold.
EXHIBIT "E"
3. TIME FOR ACCEPTANCE
If this Agreement is not executed by the SELLER and the BUYER on or before February
28, 2007, this Agreement shall be null and void. The date of agreement, for purposes of
performance, shall be regarded as the date when the last one of the SELLER and the
BUYER has signed this Agreement.
4. CLOSING DATE
This Agreement shall be closed and the deed and possession shall be delivered on or
before March 30, 2007; unless extended by other provisions of this Agreement.
5. EVIDENCE OF TITLE
BUYER may obtain a title commitment proposing to insure BUYER's title to the Property.
All costs associated with the title search and all title policy premiums shall be paid by
BUYER. If title is found defective, BUYER shall notify SELLER in writing specifying
defect(s). If defect(s) render title unmarketable, SELLER will have a reasonable amount of
time, not to exceed sixty (60) days, from receipt of notice within which to remove the
defect(s). BUYER shall have the option of either accepting the title as it then is or
demanding a refund of deposit(s) paid which shall immediately be returned to BUYER;
thereupon BUYER and SELLER shall release one another of all further obligations under
the Agreement.
6. CONVEYANCE
SELLER shall convey title to the Property to the BUYER by Special Warranty Deed. The
Property shall be conveyed in an AS IS, WHERE IS manner without any express or
implied warranties or representations outside of SELLER's ownership interest.
7. ADDENDUM PROVISIONS
Any provisions in an attached Addendum to this Agreement signed by the BUYER and the
SELLER shall control any printed provisions herein in conflict therewith.
8. OTHER AGREEMENTS
No agreements or representations, unless incorporated in this Agreement shall be binding
upon any of the parties. No modification or change in this Agreement shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to
be bound by it.
9. DOCUMENTS FOR CLOSING
The BUYER shall prepare the deed, and the closing statement and submit copies of the
same to SELLER's attorney, at least five (5) days prior to scheduled closing date.
10. EXPENSES
State documentary stamps, if required, and recording costs shall be paid by the BUYER.
11. PLACE OF CLOSING
Closing shall be held at the office of the SELLER or as otherwise agreed upon.
12. TIME IS OF THE ESSENCE
Time is of the essence of this Agreement for Sale and Purchase.
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
ATTEST
BY
Thomas E. Lynch, Chairman
BY
Arthur C. Johnson, Ph.D.,
Superintendent
Board Approval Date:
Reviewed And Approved As To Legal
Form
School Board Attorney
Date:
Signed in the presence of two witnesses
Print Name:
Print Name:
Approved for Form and
Legal Sufficiency:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin, City Clerk
[ITY DF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
2liO "-;W ht AVENt T.' DURAY BEACH. FLORIDA 33444
TU.lYIlONE: :i(, /~f' 71\)n. b\CSI:VIlLE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
~
All-America City DATE:
, III I! TO
MEMORANDUM
February 5, 2007
City Commission
David T. Harden, City Manager
1993
2001
FROM:
Terrill Barton, Assistant City Attorney
rotP
SUBJECT: Authorization to Transfer/Sell Property Located 802 S.W. 3rd Street,
Delrav Beach. Florida
Attached please find Resolution No. 12-07, which confirms the City's interest to
transfer/sell the property referenced above to Jean Louis and Josette Saint Fort,
for housing purposes as part of the Carver Square Relocation Program. Also
attached please find a Contract for the Sale and Purchase of the above-referenced
property.
As you may recall, the City entered into an agreement with the Saint Forts for this
same property in November, 2005, but due to problems in obtaining the necessary
funding, the Saint Forts were not able to close on the property after three time
extensions and so the City, after expiration of the Contract with the Saint Forts,
entered into a new agreement to transfer the property to the Community Land
Trust in October, 2006 with the understanding that the CL T would then transfer the
property to the Saint Forts.
The transaction with the CL T has not yet closed and therefore the property is still
owned by the City and on February 1, 2007, it came to our attention that Mr. and
Mrs. Saint Fort have been able to secure funding but they can only be eligible for
said funding if they own the underlying real estate. Therefore, the CL T has agreed
to rescind the contract for the subject property in order for the Saint Forts to have
a second chance to purchase the property from the City via a new agreement that
is attached hereto.
Please place this item on the February 20, 2007 City Commission agenda for
consideration. Do not hesitate to contact me if you have any questions at 7090.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
David N. Tolces, Esq.
David Schmidt, Esq.
Vince Wooten, CRA
[0. G
::J' C=Jr:::J II I I II I I \ t:::::j I --
-~- 1ST -- ST. -
.- - -- I -
- - ~ - - iE - - -
~ < Ol
- - ~ - - - -
-
- - < - - - - -
- - ~ - - - - -
- - ~ - - - -
-
- - f--- - - - - -
- - i-- - - - - IL- -
I-- ~ - - ~ ~ - -
vi '-- f-
I-- i-- - - ~ - nlF
f-- i-- - - ~ I I I I--
f-- i-- - ~ - - ~ I
"--
I-- ---- - "-- - - Co-- 2ND ST.
I-- ~ -:1:- - j wm III liT '--I!:!-
'--- i-- -~- - ~ f-- "'
- -
- i-- - - - - 0 /' "\ i-- I--- -
- - - - ~O~ -
- - - JffiIl -
- - - - ~ -
-
- - - '===
- === ~ -
- - ).... \;t
- - - -/( ~ -
- - - lftBr ===
- - - /1 ~ TIT T-\ ll~
1----1 - vi
~ S.W. 3RD ---ST. --
f----., ~ ~ I ITIIIJITIIIJ .-
vi ,Ii ~
.... <
:J - =
z - -
~ - -
< - -
-
- -
- S.W. 3RD CT. -
- - - -
- - iE C -
-
~ 00 -
- - - ~ IIIT~ 1 \ ::I:
:J \ ~ -
~ - - - 10
:J -
< "-- ~ -
S.W. ST. -
I II I ~-
~ -
I--- 3
f--- -
f--
AUBURN CIRCLE NORTH
I--- -
f-- ~ ~
~ )) I I tI I
IJl
~
W -
...J
U -
a:: 4-
0 <v't' ~ ~ ~-
I I I ~ I I I I I
~ vi vi vi vi-
-~ 6 H ST. -
DR. e:: -
0 - - -
- - -
z - - -
a::
;2 ~ - - -
N
802 SW 3RD STREET
CITY OF DElRAY BEACH PROPERTY TRANSFER TO COMMUNITY LAND TRUST
OTY 01' ~AY lEACH. FL
PLANNING. ZONING OEPARNENT
III SUBJECT PROPERTY
-- ()I(;ffAL /lASE MAP SYSTDI --
_ REF:
RESOLUTION NO. 12-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER/SELL REAL PROPERTY IN THE CITY OF DELRA Y
BEACH WHICH PROPERTY IS LOCATED AT 802 S.W. 3RD STREET,
AS MORE PARTICULARLY DESCRIBED HEREIN, TO LOUIS SAINT
FORT AND JOSETTE SAINT FORT, HIS WIFE, TO BE UTILIZED AS
HOUSING AS PART OF THE CARVER SQUARE RELOCATION
PROJECT.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at 802 S.W.
3rd Street, for the purpose of providing housing as part ofthe Carver Square Relocation Project; and
WHEREAS, the City acquired the property from the County as the result of unpaid property taxes;
and
WHEREAS, the City Commission has determined that it is in the best interest of the City of Delray
Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property described
above will promote the general welfare of the residents of the Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees
to transfer/sell the West 79 feet of the East 104 feet of the North ~ of the North 12 ofthe Southeast ':4 of the
Southeast 1/4 of the Southwest 1/4 of Section 17, Township 46 South, Range 43 East, Delray Beach, Florida,
less the N.25' thereof, to Louis Saint Fort and Josette Saint Fort, his wife.
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 Buyer as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of ,2007.
ATTEST: MA YOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the JEAN
LOUIS SAINT FORT and JOSETTE SAINT FORT, his wife, ("Buyer"), 702 S.W. 2nd
Terrace, Delray Beach, FL 33444 (Phone: 561-272-4558), 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: The West 79 feet of the East 104 feet of the North % of the
North % of the Southeast 3-( of the Southeast 3-( of the Southwest 3-( of
Section 17, Township 46 South, Range 43 East, Delray Beach, Florida. Less
the N.25' thereof.
Property Control No. 12-43-46-17-43-000-0010
(b) Street address, city, zip, of the Property is: 802 S.W. 3rd Street,
Delray Beach, Florida 33444
II.
PURCHASE PRICE
PAYMENT:
$40,000.00
(a)
Deposit(s) to be held in escrow by Steve
Rubin, P.A. Trust Account in the amount of
$ 5,000.00
(b)
Balance to close shall be paid in the form of
u.S. cash or a LOCALLY DRAWN certified or
cashier's check, subject to adjustments
or prorations
$35,000.00
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 March 1, 2007, the deposit(s) will, at
Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") 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: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): ___Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; OR ~Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE) : abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
1
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered within one hundred twenty (120) calendar days following
the execution of this Contract, 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; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
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. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X .
XII VOIDABILITY: Buyer and Seller agree that this Contract is contingent upon
the Seller's ability to successfully quiet title to the property described in
Paragraph I. In the event that title is not successfully quieted, the contract
shall be void and there shall be no liability on either the Buyer or Seller for
failure to continue to perfor.m under the ter.ms of this Contract.
CITY OF DELRAY BEACH JEAN LOUIS SAINT FORT
By: By:
Date Date
Print Name: Print Name:
Social Security
Tax ID No. or Tax ID No.
2
JOSETTE SAINT FORT
By:
Date
Print Name:
Social Security
or Tax ID No.
Deposit(s) under Paragraph II(a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: STEVE RUBIN, P.A. (Escrow Agent)
By:
3
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
JEAN LOUIS SAINT FORT and JOSETTE SAINT FORT, his wife
PROPERTY ADDRESS: 802 S.W. 3rd Street, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.s. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the
acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or
no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund
of all deposit monies paid hereunder. Buyer shall be granted reasonable access to
4
the premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same' by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (l)An abstract of title prepared or brought current by a reputable and existing abstract
firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject ta
the right of retention thereof by first martgagee until fully paid. (2) 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
af title insurance in the amaunt af the purchase price, insuring Buyer's title ta Real Property, subject anly to
liens, encumbrances, exceptions or qualificatian pravided in this Can tract and thase which shall be discharged by
Seller at or before clasing. Seller shall convey a marketable title subject only ta liens, encumbrances, exceptians
or qualifications set forth in Can tract . Marketable title shall be determined accarding to applicable Title
Standards adopted by authority of The Flarida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, ar 5 days, if title cammitment, fram date of receiving evidence af title to examine it. If title is
faund 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 fram receipt of notice to remove the defect(s),
failing which Buyer shall, within five (5) days after expiration af the thirty (30) day periad, deliver written
natice to Seller either: (1) extending the time far a reasanable periad nat to exceed 120 days within which Seller
shall use diligent effort to remave the defects; or (2) requesting a refund af deposit (s) paid which shall
immediately be returned to Buyer. If Buyer fails ta so notify Seller, Buyer shall be deemed ta have accepted the
title as it then is. Seller shall, if title is faund unmarketable, use diligent effort to carrect defect(s) in
title within the time provided therefor. If Seller is unable ta timely carrect the defects, Buyer shall either
waive the defects, or receive a refund of depasit (s), thereby releasing Buyer and Seller fram all further
obligation under this Contract.
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase maney mortgage and mortgage note to Seller
shall pravide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if
second or lesser mortgage; shall pravide for right of prepayment in whole or in part without penalty; shall permit
acceleration in event af transfer af the Real Property; shall require all prior lien and encumbrances ta be kept in
good standing and farbid modifications af or future advances under prior mortgage(s); shall require Buyer to
maintain policies af insurance cantaining a standard mortgagee clause cavering all improvements located on the Real
Praperty against fire and all perils included within the term "extended caverage endorsements" and such other risks
and perils as Seller may reasanably require, in an amaunt equal to their highest insurable value; and the martgage,
note and security agreement shall be otherwise in form and content required by Seller; but Seller may anly require
clauses custamarily faund in martgages, mart gage nates, and security agreements generally utilized by saving and
loan institutions ar state or natianal banks lacated in the county wherein Real Property is located. All Personal
Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security
agreement evidenced by recorded financing statements. If a balloon martgage, the final payment will exceed the
periodic payments thereon.
C. 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 disclases encroachments on the Real Property
or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any
restrictions, Contract covenants ar applicable governmental regulation, the same shall constitute a title defect.
D. _Ens. Btl}eE, at Btl}eE's enl'eRae, itlliR time aIle, es ts selLeE e.iseRee ef title ans ta en_ine aame, ma}
lla e Real PESl'ert) inal'eotss e} a Flsrisa CeEtifies Peat CeRtEsl Ol'eEatsE ("Ol'eratsr") ts setermine if there ia aR}
.isiele aeti e teElllite iRfeatatisR er .isiele enistin~ sama~e fram teEmite infeatatiaR iR the PESl'ert). If either
sr eeth are fstlRs, Btl)er ..ill ha e 1 sa)a frsm sate sf 'EitteR Rstiee tlleEesf ithiR ,hiell ts lla.e eest sf
treatmeRt, if re~tlires, estimatea e) the Ol'erater aRa all aama~e iRsl'eetea aRa estimates e) a licsRsea etlilaer sr
~eRera1 esntEaeter. Cel1er sllall I'a) .alia esats ef treatmeRt ana rel'air sf all aam3~e tll' ts the amStlFlt I're.iaea iR
Para~ral'll (a). If estimatea essts eueeea tllat amstlnt, BIi)er sllall ha.e tile el'tien sf eaRce1in~ tllis
Centraet .~s aa)s after reeeil't sf cSRtraeter's rel'air estimate e) ~i.iFl~ ritteFl Rstiee ts Celler e< Btl)er
~a} eleet te ~E6eeea \.ith the traflsaetiefl, aRe ~eeei e a 8reait at ~leGiR~ SA the am8~Rt pre.iaea in Para~rapfl
(3). 'ITeE~ite811 s~all bE ~eeffie~ te iAel~~e all .e6~ ~eS~~e)iA~ eE~aRism6 rc~~iEe~ te ~e Ee~eEted uRdcE t~e
rrerIaa Pest CentEel Aet, aa ameRaea.
E. 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 accardance with Standard
A.
F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and
estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates,
advanced rent and security deposits paid by 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 periad in the form of a Seller's affidavit,
and Buyer may thereafter contact tenants to canfirm such information. Seller shall, at closing, deliver and assign
all original leases to Buyer.
5
G. 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 potential lienors 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.
H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the
attorney or other closing agent designated by Seller.
I. TJ:ME: 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.
J. DOCUHENTS FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's
possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments.
Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements.
It. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Buyer.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements 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.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property
shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
M. 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.
II. INSPI!lG!I!ISN, lIBWUR MIll !ll\nl'PIalANGB. Seller ..al'l'aRts that, as sf 19 aa}s ~riel' ta elsaiR'il, tloe eeiliR'il, raaf
(inel"aiR'il the fasaia ana saffita) aRa eHterier ana iRtel'iar ..aIls, fs"naatisn, sea lalls lar e,!"LaleRt) aRa
aeeJ'a'3e aa Rat ha. eaR} VISIBLE EVI9ENCE ef leal,s, '.ater aall\a'ile ar stn,et"l'al aall\a'ile aRa taat the se~tie taR)',
~aal, all a~l"liaReea, lReeflanieal itelRs, heatiR'il, eaaliR'il, eleetl'ieal, ~l....eiR'il s}stelRs aRa lRaehiflel'} are iR I/ORKHIC
CGllSITIOll. The fal'e'ilaip'il ..arl'aflt) shall 1ge lill\itea te tae itelRs s~eeifiea "flless ether. ise I"rs iaea ip aR aaaeRa"lR.
B,,)er IRa), at B..}er's eH~eRse, loa.e insl"eetiaRs Il\aae ef these itelRs e) a firm ar iRai.ia"al sl"eeialieiR'il iR loalRe
iRsl"eetia"s aRa loelaifl'il an aee"~stieRal lieeRse fer s..eh ~..r~eee lif re,!"ireal er e) an a~l"re~l'iatel} lieeRsea
rleriaa eantraetel'. B,,}er shall, ~rier te B,,)er's eee"l"aRe} er Ret less taaR 19 aa}S prier te elasiR'il, ,hiehe.er
aee..l'S first, l'el"ert iR ll'itiR'il te Seller SHea items tast ae flet lReet tae alge.e staRaarae as te aefeete. gRless
B,,}el' tilRel) reperts s"eh aefeets, BH)er shall 1ge aeelRea te aa.e ,ai ea Seller's ..arraRties as te aefects net
re~ertea. If re~airs er re~laeemeRt are re,!"iree te eelRpl) .,ith this StaRaara, Seller gRail ea"se theIR te ee maae
ana shall I"a) ,,~ te the aRleHRt ~re.iaea iR Para'ilrapH _ 119). beller is Ret re,!"irea te mal<e repairs el'
re~laeeRlents ef a eesRletie nat"re "Rlees eaHsea 19) a aefeet Seller is respeRsiele te re~air er rel"laee. If the
eest ef S"CH re~air sr replaeelReflt eHeeeae the aRle"flt ~rs .ieea iR Psra'ilral"a lei, B,,}er er Seller IRa} eleet te
~a} S"SH eHeess, failiR'il ..hieh eitHer part) RIa} eaReel this CeRtl'aet. If seITer is "Raele te eerreet tae aefeets
~rier te elesi,,'il, tHe eest tHereef SHall ee ~aie iRte esers.' at eleeiR'il. Sell..r SHall, "l"eR reaeeRa191e Retiee.
~re iae "tilities ser.ice aRe aeeees te the Prapert) fer iRs~eetisna, iRsl..aiR'il a ..all< tareH'ilH ~rier te elesifl'il, ts
eenfirlR that all itelRs ef Pereeflal Prepert) are eR the Real Prepert} aRa, s"ejeet te the fere'ileiR'il, tHat all
re,!"iree re~airs ana re~laeemente Ha e eeeR maae aRa that the Pre~ert}, iflel"ein'il e"t Ret liRlitee te, la~R,
sar"eeer) aRa ~sel, if aR), aas eeen maiRtaiRea in tae eeRaitisR eHistin'il as ef Effccti.e Date, eraiflar) ear aRa
tear eHee~tea.
S. RlS~ SP LeSS. If the Prsl"ert) is aaRla'ilea e} fire ar ether eas"alt) acfere elesiR'3 aRe eest ef resteratieR aees
Ret eHeeea 3~ ef the aseessea al..atieR ef tHe Pre~e~t} se ealRa'ilea, sast ef ~esteratieR e~all ee aR eeli'ilatien ef
tHe Seller aRe elssin'il shall ~rseeee l""rS"aRt te tae terffiS ef CeRtraet ita resteratisfl eests esers ea at slssiR'il.
If the eest ef resteratiefl eHeeeas 3~ ef the asseesee al"atiaR ef tHe ilRpre.elReRts se aama'ilee, B,,)er shall aa e
tae eptieR ef eitaer taJdR'3 Pra~ertl ae ia, te'ilether ,itH eitHer the 3~ ar aR) iRs"ranee prseeeas I"a}aele e} .irt"e
ef s"eh less sr aama'ile, er ef eaReelifl'il Centraet afla reeei.in'il rst"rn ef aepesit(s).
P. 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 attorney 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
simul taneously 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,
6
Buyer shall take title as is, wa1v1ng 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 627.7841, F.S., as amended.
Q. ESCROW: Any escrow agent ("Agent") 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 concerned 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 attorneys'
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.
R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, ar1s1ng out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or non agency relationships authorized by Chapter 475, F.S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. FAILURE OF PERFO~CE: Except as provided in Paragraph XII, 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 settlement 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 return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTrCE: 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.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII 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.
V. 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.
w. ~rES: 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.
7
DATE: February 16, 2007
TO: City Commission
FROM: Susan Ruby, City Attorney
SUBJECT: Police/Fire Pension Ordinance
This ordinance has been revised to reflect the direction given by the City
Commission at its workshop meeting regarding the investment parameters of the
Police/Fire Pension Board. By copy to Douglas Smith, Assistant City Manager,
please place this ordinance on the City Commission Agenda for approval.
Cc. Douglas Smith, Assistant City Manager
Chevelle Nubin, City Clerk
/2 .~
CJ/\
~
ORDINANCE NO. 7-07
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
FLORIDA, BY AMENDING SECTION 33.66, "FINANCES
AND FUND MANAGEMENT", REVISING INVESTMENT
PROVISIONS; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
33.66" FINANCES AND FUND MANAGEMENT", subsection (E), to read as follows:
Sec. 33.66. FINANCES AND FUND MANAGEMENT.
*
*
*
(E) The Board of Trustees shall have the following investment powers and authority:
(1) The Board of Trustees shall be vested with full legal tide to the Fund; subject however and in
any event to the authority and power of the City Commission to amend or terminate this trust;
provided that no amendment or fund termination shall ever result in the use of any assets of this
Fund except for the payment of regular expenses and benefits under this system. All contributions
from time to time paid into the Fund, and the income thereof, without distinction between principal
and income, shall be held and administered by the Board or its agent in the Fund and the Board
shall not be required to segregate or invest separately any portion of the Fund.
(2) The Board and each trustee thereof is a fiduciary with respect to the Trust Fund. and shall
exercise investment authority under this Section solely in the interest of plan members and
beneficiaries. for the exclusive purpose of providing benefits to members and their beneficiaries and
defraying the reasonable expenses of administering the plan. The Board shall exercise its investment
authority with the care. skill. prudence and diligence under the circumstances then prevailing that a
prudent person in a like capacity and familiar with such matters would use in the conduct of an
enterprise with like character and like aims. The Board of Trust-ces may im-est and reinvest the assets
of the Trtlst FU8d in b08ds, stoeks, Of other cvide8ces of indebtedness hsued or gtlltfftflteed by a
eorpofatto8 organized under the htws of the United States, aay stitte, Of organized territory of the
Unitea States or the Distftt:t Bf Coltmtbia, or in foreigft seeurities, in aceordftflee ~1.th the provisions
of ~ Section.
OJ Notwithstanding any limitation provided in Chapter 175 or Chapter 185. Florida Statutes. or any
limitation or condition contained in Section 215.47. Florida Statutes. the Board of Trustees may
invest and reinvest pension fund assets in such securities. investment vehicles and property wherever
situated and of whatever kind. as the Board shall approve in the exercise of its fiduciary duty and
authority. including but not limited to common or preferred stocks. bonds and other evidences of
indebtedness or ownership. In no event. however. shall more than ten (10) percent of the assets of
the fund. at cost. be invested in foreign securities: provided. if state law is amended to allow
investments in foreign securities of fifteen (15) or more percent of fund assets. the Board may invest
up to fifteen (15) percent of fund assets. at cost. in foreign securities. The Boara shaH exercise its
ift'I.-estment atIthority tInder this Section solely in the interest of plan members aad beneficiaries, for
thc exclt1s"'e pmpose of pro'.-idffig beftefits to ftit:meers and their benefieiaries and aefraying the
reasoaable expcases of administeriflg the plan. The Board shaH exercise its mvestmcat atIthority
with the care, skill, pmaenee aaa diligeaee Hftder the cireumstances theft prevailing that a pmdent
persoa in a like eapaci:ty aad familiar with s\:lch matters would tIse in the eoaauct of an enterprise
with like character aa6 like aims.
(4) The Board shall adopt and periodically update a written investment policy in accordance with
~ Section 112.661, Florida Statutes. All investments approved by the Board shall be in
accordance with the investment policy. The Board shall provide a copy of the investment policy
and any revisions thereto to the City Manager. in accordance with Section 112.661. Florida Statutes.
incorporatffig the foHowing requircmeats for spet:ific itY.'estmeat-:3:
(a) Iavestmeat-:3 in U.S. stBelm afta bonas mtlst be in corporatfoas that Me listed Oft aay ofte or
more of the rec~ea aational stock exchaages or oa the Natioaal MMket System of the
N}..SD}..Q Stock Market, aad, in the case of boads only, holds a rating in one of the three (3)
highest elassificatfofts by a major ratffig serviee.
(b) The Board of Trustces shaH not ift'-..'est more thaa five (5) perceat of Tmst Fund assets in the
commoa or eapital stock of anT ofte iss1:1ing eompllft)', nor shaH the aggfegate mvestmeat in
eommoa or capital stock in ofte compaay exceed five (5) pereent of the oHtstaftdffig commoa or
eapital stock of that eompaay; aor shM! the a~egate of the F\:lfta's investmeats in coftUftoa or
capital stock using the market value methoa exceed sC".-eaty (70) pereent of the Ft1nd's assets, as
measttred oa the last lmsiness day of eaeh quarter. The BOMa of Trustees shaH rebalaaee the Fund's
assets by the last busmess day of the foYowiag quarter, unless the Board determines that it '\v-owd
not be ecoaomieaHJ feasible becatIse rebatimciag wowa eause an economic loss, ia which ease the
Fuaa's asset-:3 shaH be reaalaneed as soon as it is eeoaomicM!y feasible to do so.
(e) The Board may invest ltftd reinvest the assets of the Fund in time or sav=.ngs accounts of a
natioaal baak, a State bank iastlfea by the Bank Insurance Ftlfia, or a sa'.-ings, baildffig, and loan
aSSBciiltfoa instlfed by the Saviftgs .Associiltion Instlfanee Ftlfia which is administered by the Federal
Deposit Iastlfance Corporation or a state or federal ehartered credit tIn10a whose share aeeotlfits
are mS\:M:ea by the Natioaal Credit Union ShMe Ias\:M:S;ace Fund.
(-d) The Board mltY invest tlp to tea (10) pereeat of Fund assets, at east, in forciga securities, and
may also iftr.,-est in boads isstIea by the State of Israel.
2
(5) The Board shall provide a quarterly financial report to the Ci1;y Manager no later than thirty days
following the end of each calendar quarter. which report shall include a summary reflecting the total
market value of the fund at the beginning and end of the quarter. total investment gains and losses
during the quarter. and a summary of the market value and investment gains and losses during the
quarter for each manager responsible for investing fund assets. The Board shall also provide a copy
of all reports from the Board's investment consultant to the Ci1;y Manager within five days following
the Board's approval or review of such reports.
(Q-S) The Board may retain in cash or unproductive of income an amount of the Fund as it may
deem advisable, having regard for the cash requirements of the system.
a6) Neither the Board nor any person or entity shall be liable for the making, retention, or sale of
any investment or reinvestment made as herein provided, nor for any loss or diminishment of the
Fund, except that due to his own negligence, willful misconduct, or lack of good faith.
(~) The Board may cause any investment in securities held by it to be Registered in or transferred
into its name as trustee or into the name of the nominee as it may direct, or it may retain them
unregistered and in form permitting transferability, but the books and records shall at all times show
that all investments are part of the Fund.
(28) The Board is empowered, but is not required, to vote upon any stocks, bonds or securities of
any corporation, association or trust and to give general or specific proxies or powers of attorney
with or without power of substitution; to participate in mergers, reorganizations, recapitalizations,
consolidations and similar transactions with respect to those securities; to deposit stock or other
securities in any voting trust or any protective or like committee or with the trustees or with
depositaries designated thereby; to amortize or fail to amortize any part or all of the premium or
discount resulting from the acquisition or disposition of assets; and generally, to exercise any of the
powers of an owner with respect to stocks, bonds or other investments, comprising the Fund which
it may deem to be to the best interest of the Fund to exercise.
(109) The Board shall not be required to make any inventory or appraisal or report to any court,
nor to secure any order of court for the exercise of any power herein contained.
(11-lG) Where any action which the Board is required to take or any duty or function which it is
required to perform either under the terms herein or under the general law applicable to it as trustee
under this subchapter, can reasonably be taken or performed only after receipt by it from a member,
the City or any other entity of specific information, certification, direction or instructions, the Board
shall be free of liability in failing to take any action or perform any duty or function until that
information, certification, direction or instruction has been received by it.
(12H) Any overpayments or underpayments from the Fund to a member or beneficiary caused by
errors of computation shall be adjusted with interest at a rate per annum approved by the Board.
Overpayments shall be charged against payments next succeeding the correction. Underpayments
shall be made up from the Trust Fund.
(13~) The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the
payments and benefits herein provided for and shall be under no obligation to inquire into the
sufficiency of the payments made into the Fund by the City.
3
(1 ill) In any application to or proceeding or action in the courts, only the City and the Board shall
be necessary parties, and no member or other person having an interest in the Fund shall be entided
to any notice of service or process. Any judgment entered in that proceeding or action shall be
conclusive upon all persons.
Section 2. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 3. That if any section, subsection, paragraph, sentence or word or other
provision of this ordinance, or any portion thereof, or its application to any person or circumstance,
be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall
not affect the validity of any other section, subsection, paragraph, sentence or word or provision or
its application to other persons or circumstances and 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 this ordinance shall become effective immediately upon passage on
second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of , 200_.
AlTEST:
MAYOR
City Clerk
First Reading
Second Reading
4