Agenda Reg 04-01-03City of Delray Beach
Regular Commission Meeting
Tuesday. April 1, 2003
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
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. Thc 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.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
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Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
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 Randolph at 243-
7127, 24 hours prior to the event aa order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
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5.
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INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
March 13, 2003 - Regular Meeting
March 18, 2003 - Regaflar Meeting
PROCLAMATIONS:
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Days of Remembrance - Holocaust
Fair Housing Month - April 2003
Macular Degeneration Awareness Week - April 7-13, 2003
PRESENTATIONS:
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International Tennis Championships - Mark Baron
Junior Golf Championship Awards - Sandra Eriksson, Director of Golf
CONSENT AGENDA: City Manager Recommends Approval.
RESOLUTION NO. 17-03/VANTAGE CARE RETIREMENT
SAVINGS PLAN; Approve Resolution No. 17-03 amending the
Retirement Health Savings Plan.
HEALTH
VantageCare
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RESOLUTION NO. 18-03: Approve Resolution No. 18-03 assessing costs for action
necessary to remove junked and/or abandoned vehicles from nine (9) properties within
the City.
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RESOLUTION NO. 19-03: Approve Resolution No. 19-03 assessing costs for action
necessary to abate nuisances on eight (8) properties throughout the City.
LANDSCAPE MAINTENANCE AGREEMENT/WONDERLAND
MANAGEMENT, INC.: Approve a landscape maintenance agreement between the
City of Delray Beach and Wonderland Management, Inc. located at 310 North Swinton
Avenue to allow existing landscaping to encroach into the right-of-way.
FDQT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/
1VIALLORY SOUARE: Authorize the City to act as the general use permit applicant
for the installation of paver brick sidewalks within the state right-of-way (bounded by
S.E. 5th Avenue, S.E. 6~ Avenue, S.E. 3~d Street, and S.E. 4th Street) and approve a Hold
Harmless Agreement with the developer (Ironwood Properties, Inc.).
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04-01-2003
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HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant\contract awards through Community Development
Division in the amount of $23,835.00 to Craftsman Plus, Inc. (19 S.W. 9~ Street), and
$13,728.75 to Preston Construction (313 S.W. 8~ Avenue). Funding is available from
118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
SPECIAL EVENT REOUEST/EASTER SUNRISE SERVICE: Approve a
request for special event approval to allow the Easter Sunrise Serv/ce to be held April
20, 2003 from 6:1S a.m. until 7:30 a.m., including a temporary use permit for the closure
of South Ocean Boulevard from Adantic Avenue to Miramar, the use of the pavih'on,
staff support for traffic control, barricading, and EMS assistance on behalf of the
Delray Beach Clergy Association.
DEVELOPER'S AGREEMENT/STONE STATION: Approve a developer's
agreement between the City of Delray Beach and R & J Land Properties, Inc. for Stone
Station, located adjacent to Auburn Avenue north of S.W. 8~ Street.
AMENDMENT NO, 1/PALM BEACH COUNTY SCHOOL DISTRICT
INTERLOCAL AGREEMENT/SCHOOL CONCURRENCY: Approve
Amendment No. 1 to the interlocal agreement between the City of Delray Beach and
the Palm Beach County School District on School Concurrency.
REVIEW OF APPEAI~M~LE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 17, 2003 through March 28, 2003.
AWARD OF BIDS AND CONTRACTS:
Contract award to Utility Service Company, Inc. in the total amount of
$324,270.18 for the painting and maintenance of the 0.5 Million Gallon
Elevated Water Storage Tank over a period of eleven years. Funding is available
from 442-5178-536-46.90 (Other Repair/Maintenance).
Contract award to Chaz Equipment, Inc. in the amount of $87,632.50 for S.W.
7th Street Roadway Infrastructure Improvements. Funding is available from
441-5161-536-63.90 C~/ater/Sewer/Other Improvements), 118-1965-554-63.41
(Boys & Girls Club), and 334-3162-541-61.17 (Roadway Resurfacing).
Contract award to Douglas N. Higgins, Inc. in the amount of $1,217,297.25 for
the Seacrest Neighborhood Improvements Phase IV Project. Funding is
available from 370-3162-541-65.43 (Roadway Bond Program Fund), 448-5470-
538-65.43 (Stormwater Utility Fund), and 442-5178-536-65.03 (Water/Sewer
Renewal and Replacement Fund).
Purchase award to National Waterworks, Inc. in the amount of $23,414.78 for
the purchase of 300 feet of 24-inch reclaimed water transmission main with
appropriate fittings and restraining components. Funding is available from 441-
5181-536-63.90 (Other Improvements).
04-01-2003
10.
Purchase award to Invensys Metering System in the mount of $138,200.00 for
the purchase of various parts/supplies needed to upgrade the City's Touch Read
Metering System. Funding is available from 441-516-1536-64.90 (Other
Machinery/Equipment) and 441-516-1536-52.31 (Water Meter Replacement).
REGULAR AGENDA:
CONDITIONAL USE REQUEST/OCEAN CITY LOFTS; Consider a request
for conditional use to allow a density in excess of 30 dwelling units per acre for Ocean
City Lofts, a proposed 1.44 acre mixed-use development containing 63 residential
condominium units and 5,315 square feet of retail uses, located at the southeast comer
of N.E. 2nd Street and N.E. 4~ Avenue and on the west side of N.E. 4~h Avenue 100 feet
south of N.E. 2nd Street. (Qt~asi-JuclicialHearing)
SERVICE AUTHORIZATION NO, 2/URS CORPORATION: Consider
approval of Service Authorization No. 2 to URS Corporation in the mount of
$89,000.00 for design of hardscaping and landscaping improvements for the NW/SW
5~ Avenue Project. Funding is available from 334-4144-572-65.80 (General
Construction Fund). The Community Redevelopment Agency (CRA) will pay for the
design fees.
RESOLUTION NO. 20-03: Consider approval of Resolution No. 20-03 providing
for a deferred payment agreement for water/sewer connection and building fees equal
to the net present value of $200,000.00 for Vista Palms (Adult Congregate Living
Facility).
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
BOARD; Appoint one (1) person to the Community Redevelopment Agency Board
for an unexpired term ending July 1, 2006. Based on the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3).
PUBLIC HEARINGS:
WAIVER REOUEST/DHARMA HOLDINGS, LTD.: Consider a request from
Dharma Holdings, Ltd. for "The Rectory", located on 14 South Swinton Avenue, to
waive Section 4.6.7(G)(7) of the Land Development Regulations regarding the number
of freestanding signs allowed per lot in Historic Districts. (Quasi-Ju&'cial Hearing)
WAIVER REOUEST/SARAGA & LIPSHY, P.A.: Consider a request from Saraga
& Lipshy, P.A., located on 201 N.E. 1st Avenue, to waive Section 4.6.7(G)(7) of the
Land Development Regulations regarding the number of freestanding signs allowed per
lot in Historic Districts. (QuaM-Ju&'cial Hearing)
ORDINAN(~E NO, 7-03 (FIRST READING/FIRST PUBLIC HEARING);
An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development
Regulations by amending Section 4.4.9 (G)(2), "North Federal Highway Overlay
District" to add self service storage facilities as a conditional use and provide specific
regulations, LDK Section 4.4.9 (G)(2)(c), for these facilities. If passed, a quasi-judicial
second public hearing will be scheduled for April 15, 2003.
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04-01-2003
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ORDINAN(3E NO. 8-03: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", of the Code of Ordinances by amending Section 96.25,
"Discharge or Use of Fireworks" to prohibit the use of pyrotechnic special effects,
flame effects, or similar devices inside of buildings/enclosed spaces and to specify the
requirements for outdoor fireworks displays.
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.
FIRST READINGS:
ORDINANCE NO. 5-03: An ordinance amending Chapter 7, "Building
Regulations", Section 2.4.6, "Procedures for Obtaining Permits" and Section 4.5.4
"Coastal Construction" of the Land Development Regulations to provide consistency
with the 2001 Florida Building Code Changes. If passed, a public hearing will be
scheduled for April 15, 2003.
ORD!NAN{;E NO. 9-03: An ordinance amending Chapter 95, "Emergency
Management", of the City Code of Ordinances by amending Section 95.10, "Fire and
Hazardous Materials Emergencies" to clarify the definition of hazardous materials. If
passed, a public hearing will be scheduled for April 15, 2003.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MARCH 28, 2003
04-01-2003
MARCH 13~ 2003
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at
6:02 p.m., Thursday, March 13, 2003.
1_.. Roll call showed.
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
None
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2_. The opening prayer was delivered by Rabbi Ira Brawer, Ayts Chayim Messianic
Synagogue and member of the Delray Beach Clergy Association.
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Mayor Schmidt noted the addition of Item 9.H., Delray Beach Economic Self-
Sufficiency Initiative to the Regular Agenda by addendum.
Mr. Perlman moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
APPROVAL OF MINUTES:
Mrs. Archer noted a correction to the Minutes of the Regular Meeting of February
18, 2003. She stated for better clarification on page 16 (first paragraph) that the word "hurt"
should be changed to read "chase and herd anything that moves".
Mr. Levinson moved to approve the Minutes of the Regular Meeting of February
18, 2003, as corrected, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes.
Said motion passed with a 4 to 0 vote (Ms. McCarthy was not present at the meeting of February
18, 2003 and therefore did not vote).
Mrs. Archer moved to approve the Minutes of the Special Meeting of February
24, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
PROCLAMATIONS:
6.A. Reco~,nizin~, and commending the Toussaint L'Ouverture High School
Students
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending the students of Toussaint L'Ouverture High School for Arts and Social Justice for
their cooperative spirit, creativity, tremendous effort and accomplishments in producing the
Delray Beach Flower Festival.
PRESENTATIONS:
7.Ao
2001/2002 Comprehensive Annual Financial Report- Ernst & Young
Ciro L. Buttacavoli, partner in charge of the Annual Audit for the City of Delray
Beach, introduced Michael Pattillo, Manager with Ernst & Young and acknowledged Mr.
Safford and the Finance Department for their excellent cooperation and assistance for completing
the audit. Mr. Buttacavoli stated Federal and State regulations require municipalities like the
City of Delray Beach to have an annual audit. Ernst & Young statements in the Comprehensive
Annual Financial Report cover the general purpose financial statements, the schedule of federal
and state financial assistance, compliance with laws and regulations and internal control. Mr.
Buttacavoli stated the audit was conducted with all of these standards mentioned and the result of
the audit is that the City of Delray Beach has received an unqualified or clean opinion on its
financial statements which is the highest form assurance that an external auditor can give with
respect to the financial statements.
Michael Pattillo, Senior Manager with Ernst & Young gave a brief overview of
the Comprehensive Annual Financial Report (CAPR) for fiscal year ending September 30, 2002.
He explained that the first section of the audit is the introductory section which includes a
transmittal letter prepared by the City staff and has a good discretion of some of the financial
activities that took place in the fiscal year 2001/2002. Mr. Pattillo stated the next section is the
financial section which includes the opinion of Ernst & Young with regard to the City's financial
statements as well as the financial statements. Mr. Pattillo emphasized that the focus should be
on the General Fund because this is the primary operating fund of the City. In particular there is
a statement in the CAPR that shows a budget versus actual comparison for the General Fund.
Mr. Pattillo stated the next section is the statistical section which has a great deal of information
on more of a trend basis over a ten year period in terms of property taxes, general revenues,
expenditures, and debt. The last section is the Compliance Section which includes the schedule
of expenditures of federal awards and state financial assistance. Mr. Pattillo reiterated the
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03/13/03
overall opinion with regard to the City's compliance with Federal grant programs was
"unqualified" or "clean" opinion.
7oB.
Handover/Windy Creek Homeowners' Association - Jake Epperson
This presentation has been postponed to a later date.
7.Co
Art in Public Places - Rich McGioin
Rich McGloin, Chairman of the Public Arts Task Force, recognized and
commended a few members of the Arts in Public Places Task Force in addition he publicly
thanked Paul Dorling, Joe Safford, Brian Shutt and Susan Ruby for their professionalism and
hard work. Mr. McGloin stated last August the City Commission passed a resolution to
implement the Public Arts Task Force and noted that the task presented by the Commission was
complete and therefore the Task Force has sunset. Mr. McGloin presented the Commission with
a draft ordinance with guidelines how to establish the Delray Beach Arts Council, Inc. and how it
will be administered.
Brief discussion followed by the Commission and Mr. McGloin.
Mr. Perlman asked Mr. McGloin if this ordinance was modeled after other cities
across the country. In response, Mr. McGloin stated this is correct but emphasized that no city
has done what the City of Delray Beach is doing. Mr. Perlman thanked Mr. McGloin for all his
hard work.
Mrs. Archer commended Mr. McGloin for all his efforts and stated she is very
impressed with his work.
Mr. McGloin stated the Public Arts Task Force feels the ordinance is now ready
to go through the approval process and is requesting that the Commission by consensus send this
to the Planning and Zoning Board for review and approval so that the ordinance can then come
back in its final form for first and second reading.
It was the consensus of the Commission to move forward with this ordinance.
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 12-03: Approve Resolution No. 12-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at 24 N.W.
7th Avenue.
The caption of Resolution No. 12-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8,
"UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
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03/13/03
REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTWE
DATE AND FOR A DUE DATE AND INTEREST 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.
(The official copy of Resolution No. 12-03 is on file in the City Clerk's office.)
8.B. AMENDMENT NO. 4/INTERLOCAL AGREEMENT: Approve Amendment
No. 4 to the interlocal agreement between the City of Delray Beach and the City of Boynton
Beach regarding Annex I, Section 3, "Failure of Meters" changing the basis for billing in the
event of meter failure from the daily average of three preceding months to seven preceding days.
8.C. ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and
accept a hold harmless agreement between the City and Richard F. Roehm to allow for the
installation of a fence in the public right-of-way, located at 2300 Dixie Highway.
8.D. RESOLUTION NO. 14-03: Approve Resolution No. 14-03 abandoning a
portion of the 16 foot north/south alley right-of-way lying within Block 2, Atlantic Pines, located
on the north side of West Atlantic Avenue, between N.W. l0th Avenue and N.W. 11th Avenue.
The caption of Resolution No. 14-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE 16 FOOT
NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING WITHIN
BLOCK 2, ATLANTIC PINES, AS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND RETAINING
TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
(The official copy of Resolution No. 14-03 is on file in the City Clerk's office.)
8.E. ACCEPTANCE OF EASEMENT DEED/PLAZA AT DELRAY: Approve
and accept an easement deed for the Plaza at Delray, located at the northwest comer of Linton
Boulevard and South Federal Highway.
8.F. FINAL PAYMENT/DRILLING SERVICES~ INC.: Approve final payment to
Drilling Services, Inc. in the amount of $8,099.79 for the completion of the Reconstruction of
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03/13/03
Drinking Water Well #26 Project. Funding is available fi.om 442-5178-536-61.82 (Well
Rehabilitation/Replacement & Upgrade).
8.G. CHANGE ORDER NO. 1/FINAL PAYMENT/PIONEER CONTRACTING,
INC.: Approve Change Order No. 1 in the amount of $2,282.93 and final payment in the
amount of $15,002.69 to Pioneer Contracting, Inc. for thc completion of the Delray Shores
Sidewalks and Traffic Calming Project. Funding is available from 334-6111-519-63.89 (General
Construction Fund/Neighborhood Enhancements).
8.H.
FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/
OLD PALM GROVE: Authorize the City to act as the general use permit applicant for the
existing water main connection within the state right-of-way (located on the southeast comer of
Federal Highway and Royal Palm Boulevard) and approve a Hold Harmless Agreement with the
developer (New Urbanfl~C Developers, L.L.C.).
8.1. PALM BEACH COUNTY AGREEMENT: Approve an agreement between
the City of Delray Beach and Palm Beach County in the amount of $450,000.00 for the design
and installation of landscaping, irrigation, sidewalks, and curbing for the NW/SW 5th Avenue
Project.
8.J. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant\contract awards through Community Development Division in the
amount of $23,940.00 to Preston Construction (16680 S.W. 8th Avenue), $12,400.50 to South
Florida Construction (218 S.E. 1st Avenue), $12,547.50 to Henry Haywood (311 S.W. 8th Street).
Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant).
8.K. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $25,000.00 for N.W. 13th Avenue.
This brings the number to 151 homeowners assisted under thc Renaissance Program. Funding is
available fi.om 118-1924-554-83.01 (SHIP Program).
8.L. RESOLUTION NO. 15-03: Approve Resolution No. 15-03 opposing the
reduction of approximately $94.5 million in funds for affordable housing programs.
The caption of Resolution No. 15-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, OPPOSING THE PORTION
OF GOVERNOR BUSH'S PROPOSED FISCAL YEAR 2003-
2004 BUDGET THAT ELIMINATES THE STATE HOUSING
TRUST FUND AND THE LOCAL GOVERNMENT HOUSING
TRUST FUND AS DEDICATED FUNDING SOURCES, AND
REDUCES BY APPROXIMATELY $94.5 MILLION THE
FUNDS AVAILABLE FOR AFFORDABLE HOUSING
PROGRAMS; AND PROVIDING FOR AN EFFECTIVE DATE
UPON APPROVAL.
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03/13/03
(The official copy of Resolution No. 15-03 is on file in the City Clerk's office.)
8.M. GRANT ACCEPTANCE/FEDERAL COPS IN SCHOOLS: Approve and
accept the Federal COPS in Schools grant award in the amount of $125,000.00 with a local cash
match of $32,557.00 providing funding for a School Resource Officer position for the Village
Academy for a three (3) period. Funding is available from 001-2119-521-Various
Administrative Accounts/General Fund Police District 2.
8.N. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Approve a special event
request from the Chamber of Commerce to allow the Delray Affair to be held on April 25-27,
2003; including a temporary use permit per LDR Section 2.4.6(H) for street closures of Atlantic
Avenue from NW/SW 1st Avenue to the Intracoastal Waterway and blocking access to Atlantic
Avenue on each side street in this area at the alley running parallel to Atlantic Avenue; waiver of
LDR Section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed more than one week prior to
event, staff support for security and traffic control, contingent upon specified staff
recommendations contained in 2/26/03 memo and the receipt of a hold harmless agreement and
certificate of liability insurance.
8.0. ACCEPTANCE OF EASEMENT DEEDS/ART AND GLASS
ENVIRONMENTS: Approve and accept easement deeds to allow for the encroachment of a
public sidewalk and a public access easement along the west side of the property, adjacent to an
alleyway, for Art and Glass Environments, located at 440 S.E. 5th Avenue.
8oP.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period February
18, 2003 through March 7, 2003.
AWARD OF BIDS AND CONTRACTS:
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Bid award to Chaz Equipment, Inc. in the amount of $26,500.00 for the
emergency repair of the force main from Lift Station 19A. Funding is
available from 442-5178-536-63.90 (Water/Sewer Renewal &
Replacement Fund/Other Improvements).
Purchase award to Dural Ford in the amount of $22,111.00 via the Florida
Sheriffs Association and Florida Association of Counties Bid
Specification #19 for the purchase of a 2003 Ford F-250 crew cab pickup
truck for the Parks and Recreation Department. Funding is available from
119-4144-572-64.20 (Beautification Trust Fund/Automotive).
Purchase award to Duval Ford in the amount of $35,539.00 via the Florida
Sheriffs Association and Florida Association of Counties Bid
Specification #23 for the purchase of a 2003 Ford F-450 crew cab pickup
truck for the Environmental Services Department. Funding is available
from 441-5145-536-64.20 (Water/Sewer/Automotive).
Bid award to multiple vendors at an estimated annual cost of $78,616.00
via the City of West Palm Beach Co-op Bid #02/03-20 for the purchase of
liquid chlorine and calcium hypochlorite. Funding is available from 441-
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5122-536-52.21, 441-5144-536-52.21, 441-5123-536-52.21, and 441-
5141-536-52.21 (Water/Sewer Fund/Chemicals).
Contract award to Rosso Paving & Drainage, Inc. in the amount of
$147,560.00 for the Sherwood Park Traffic Calming Project. Funding is
available fi.om 334-3162-541-65.60 (General Construction Fund).
Mrs. Archer moved to approve the Consent Agenda, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
REGULAR AGENDA:
9.A. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the
results of the March 11, 2003 First Nonpartisan Election.
Commission Member - Seat #3 - Two Year Term:
~' John Bennett- 1,501
~' Jon Levinson - 2,440
Mrs. Archer moved to approve the cumulative totals for each candidate for
Commission Member/Seat #3, including all of the regular, absentee and provisional votes as
presented, and that it is hereby declared, based upon the above and foregoing results, that Jon
Levinson is elected as Commission Member/Seat #3 for a two year term commencing on the 27th
day of March, 2003, and ending in accordance with the City Charter, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION/PARK PLACE TOWNHOMES: Consider an appeal of a decision of the Site Plan
Review and Appearance Board regarding the Class V Site Plan for Park Place Townhomes,
located on the south side of S.E. 10th Street, approximately 300 feet west of S.E. 5th Avenue.
(Quasi-Judicial Hearing)
Mr. Levinson moved to reconsider the appeal, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to accept the Site Plan Review & Appearance Board
decision and reject the appeal, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.Co
WAIVER REQUEST TO REDUCE PAVEMENT WIDTH/PARK PLACE
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03/13/03
TOWNHOMES: Consider a request to waive LDR Section 6.1.2 (C) to reduce the pavement
width from 24 feet to 20 feet for the residential streets located within the Park Place Townhomes
Development and waive LDR section 6.1.3 regarding the provision of sidewalks along both sides
of the loop road. The property is located on the south side of S.E. l0th Street, approximately 300
feet west of S.E. 5th Avenue. (Quasi-Judicial Hearing)
Mayor Schmidt asked the Commission to disclose any ex parte contacts and stated
he met with the developer and his representatives concerning this matter. Mrs. Archer, Mr.
Perlman, Ms. McCarthy and Mr. Levinson stated they all spoke to Michael Weiner quite a while
ago.
Mayor Schmidt read a summary of the procedure of how a quasi-judicial heating
is conducted.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file//2003-027 into the record.
Mr. Dorling stated this item involves two waiver requests which were part of the
approval for SPRAB. The first waiver request is for the reduction in street pavement width from
the required 24 feet to 20 feet and what is being proposed is an actual 20' of clear travel lane and
2' valley curb on each side. The City Engineer has recommended approval of the reduction. Mr.
Doffing stated the City standard does not provide for reduced pavement width when using valley
curb it is an acceptable standard. The City has supported similar reductions at the Legacy of
Sherwood Forest, Parkside Townhomes and The Estuary.
Mr. Doffing stated the second waiver request is for a sidewalk to be limited to one
side of the development. There will be provisions for sidewalks on one side throughout the
development including access to recreation facilities and to the overall sidewalk along S.E. l0th
Street. Staff recommends support of both waiver requests,
Michael Weiner, speaking on behalf of the developer, read into the record LDR
Section 2.4.7(B) which describes the requirements for waivers and noted that all four standards
are met.
Francisco Perez-Azua, Architect, gave a brief PowerPoint presentation and
explained the location of the project, the density, the setbacks, and the waiver requests. In
addition, Mr. Perez-Azua explained the location of the preserves and stated sidewalks will also
be provided throughout the development.
At this point, Mr. Weiner entered into the record an article from the Planning
Commissioners Journal.
Mayor Schmidt asked if there is anyone from the public who wishes to address
the Commission regarding the waiver requests, to please step forward at this time.
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03/13/03
Alice Finst, 707 Place Tavant, stated she attended the Site Plan Review and
Appearance Board meeting and noted that they have tried very hard to save the trees. Mrs. Finst
complimented SPRAB for preserving the trees and feels we need more projects where people try
to preserve what is already there.
There being no one else from the public who wished to address the Commission
regarding the waiver requests, the public heating was closed.
Mr. Perlman moved to approve the waiver requests, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
9.D. SPECIAL EVENT REQUEST/SCHOOL SHOWCASE OF THE
ARTS/SOUTH FLORIDA PARENTING BLOCK PARTY: Consider a request for special
event approval to allow the School Showcase of the Arts - South Florida Parenting Block Party
sponsored by the Delray Beach Education Board and South Florida Parenting to be held on
March 29 and 30, 2003 from 10:00 a.m. until 6:00 p.m.; granting a waiver per LDR Section
4.6.7(D)(3)(j)(ii) to allow event signage to be made and put up on March 18, 2003, staff support
for security and traffic control, and trash removal.
Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse
the School Showcase of the Arts - South Florida Parenting Block Party sponsored by the Delray
Beach Education Board and South Florida Parenting to be held on the grounds of Old School
Square on March 29 and March 30 from 10:00 a.m. to 6:00 p.m. Mr. Barcinski stated the site
plan has been reviewed with the Fire-Rescue Department staff and they do not feel that on-site
EMS service will be needed for this event. The estimated overtime for this event without EMS
service is $3,500.
Ms. McCarthy moved to approve the special event request to allow the School
Showcase of the Arts - South Florida Parenting Block Party to be held on March 29-30, 2003,
from 10:00 a.m. until 6:00 p.m. subject to staff recommendations, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
9.E. REJECTION OF BIDS/2003 RESURFACING PROJECT: Consider
rejection of all bids received for the 2003 Resurfacing Contract due to oil increases and authorize
staff to re-bid contract later in the year.
Richard Hasko, Director of Environmental Services, stated the bids were more
than half as much as what was budgeted primarily due to the petroleum costs. Mr. Hasko
continued to state that the low bidder indicated that he was going to have a problem honoring his
prices because of the recent increases in petroleum products. Staff recommends rejecting all the
bids received for the 2003 Resurfacing Project and authorizing staff to re-bid the contract later
this year.
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03/13/03
Ms. McCarthy asked what areas or streets will be impacted by this. In response,
the City Manager stated the areas that will be impacted are scattered around town. The City
Manager continued to state that oil prices are expected to lower in the fall and he feels it is wise
to wait until the international situation stabilizes.
Ms. McCarthy stated the reason why she expressed concern over what streets
what streets would be impacted is because of our effort to keep the communications open with
the citizens of Delray who have been waiting for their streets to be resurfaced. Ms. McCarthy
stated she would like to have a list of the streets and suggested that staff communicate or forward
this information to the associations so citizens will not feel neglected but will understand the
reason for the delay.
Mrs. Archer moved to approve the request to reject all the bids and authorize
staff to re-bid later this year, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy- Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:02 p.m. the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. WAIVER REQUEST/MARRIOTT: Consider a request from the owner of the
Marriott Residence Inn, located on 1111 East Atlantic Avenue, to waive Section 4.6.7(G)(7) of
the Land Development Regulations regarding signs. Prior to consideration of passage of this
item a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing)
Mayor Schmidt read a summary of the procedure of how a quasi-judicial hearing
is conducted.
Mayor Schmidt asked the Commission to disclose any ex parte contacts and stated
he received an email from Robert Sparvero stating that the Board of the Beach Property Owners'
Association supports the staff recommendations which would include the recommendation that
the condition "that no secondary optional wall sign is allowed on the south elevation" of the
Marriott Residence Inn. Mr. Perlman, Mrs. Archer, Ms. McCarthy, and Mr. Levinson stated they
too received the same email.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding the sign waiver, the public hearing was closed.
Mr. Levinson moved to approve subject to the recommendations of the Site Plan
Review and Appearance Board, seconded by Mr. Perlman. Upon roll call the Commission voted
as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
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03/13/03
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
I1.A.
City Manaeer's response to prior public comments and inquiries.
With regard to a prior comment expressed by Scott Schley about speeding in the
alley behind the American Legion building, the City Manager stated the City Engineer has been
in contact with him and staff will be conducting a speed study and proceeding from that point.
Furthermore, the City Manager stated staff is in touch with the American Legion to keep them
apprised of the progress.
Secondly, the City Manager stated there was a comment expressed about vessels
speeding in the Intracoastal and urging the City to join with Highland Beach in requesting
reductions in speed. The City Manager stated in July, 1997, the City passed Resolution 50-97
requesting the Board of County Commissioners petition the Department of Environmental
Protection (DEP) to establish "Idle Speed-No Wake Zone" in the Intracoastal throughout Delray
Beach. The request was reviewed and denied by the Department of Environmental Protection.
On September 22, 1998, the City Commission, via Resolution 59-98, requested the Department
of Environmental Protection conduct a study to determine if additional vessel speed restrictions
were warranted from Linton Boulevard south to the City Limits (C-15 Canal). This request was
forwarded to DERM and DEP. The response from DEP was that requests for special restrictions,
over and above those currently in place, will not be approved unless supported by data (i.e.
accident reports) documented safety concerns, or if they impact special facilities (i.e. marinas,
public docking areas, or public boat access areas). The DEP Office of Enforcement Planning
and Policy Coordination's position was that they "do not believe that additional restrictions on
vessel traffic in this area are warranted." While the City's past attempts to limit speed have been
denied the City would revisit the issue if Boca Raton and Highland Beach are successful in their
current requests.
11.B. From the Public.
ll.B.1. Alice Finst~ 707 Place Tavant, Delra¥ Beach, stated at the Annual Town Hall
Meeting she addressed the Commission about the traffic conditions on Lake Ida Road and l0th
Avenue. Mrs. Finst stated she understands that part of the problem with the additional traffic (as
many as thirty vehicles) backed up trying to get onto Lake Ida Road was in part due to the
closing of the ramps on Atlantic Avenue. Mrs. Finst stated all the vehicles who could not get
around to make a right hand turn created their own turning lane and now the entire area between
Lake Ida Road and the fence where Spady Elementary is located is torn up and thus needs
mowing and grass replacement. Mrs. Finst suggested that a turning lane be put in and urged the
Commission to get the grass back into place.
ll.B.2. John Bennett, 137 Seabreeze Avenue, Delray Beach, congratulated Mr.
Levinson on his victory with regard to thc election. Mr. Bennett continued to state that we
should all bc thankful that wc live in a democratic society where we can vote unlike other areas
of the world.
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03/13/03
ll.B.3. Monica Kaysen~ 1227 N.E. 8th Avenue, Delra.v Beach~ (representin~ Bond
Way/Palm Trail Homeowners' Association), lives in the Estuary, stated there are rabbits,
raccoons, and foxes where she lives and feels there should be some kind of task force to protect
these animals.
Secondly, Ms. Kaysen expressed concern stated there is no stop sign or speed
humps from George Bush Boulevard all the way down Palm Trail turning the comer onto Bond
Way all the way to Federal Highway.
Mayor Schmidt asked if the area where Ms. Kaysen lives has made an application
under the City's traffic calming process. In response, Ms. Kaysen stated a new traffic count was
recently done because the first time it was done in the summer. Ms. Kaysen stated she asked that
this be addressed again approximately a month ago and traffic was done. Ms. Kaysen stated she
obtained signatures (68 percent) of every homeowner on Bond Way/Palm Trail to get a round-a-
bout at the end of Bond way and Palm Trail. Mayor Schmidt stated staff will follow-up on this
and he knows the City Engineer will be back in touch with Ms. Kaysen if she has gotten her
application in on the traffic calming.
At this point, the Commission returned to Item 9.F. of the Regular Agenda.
9.F. AUTHORIZATION TO CHALLENGE A RULE: Consider authorizing staff
to challenge the rule regarding rate-making authority of Water Management Districts and to
engage Lewis, Longrnan, & Walker in this process at an hourly rate of $195-$205 per hour.
Richard Hasko, Director of Environmental Services, stated after having received
an email from contacts at American Water Works Association in Tallahassee the latest revision
proposals by the Department of Environmental Protection to Chapter 62-40 (which relates to
surface water management and water management district regulations, NPDES stormwater
management, etc.) he felt it necessary to suggest filing a formal challenge of specific language
being proposed in that rule. Mr. Hasko stated Administrative Rule 62-40 contains language that
appears to give authority to Water Management Districts to establish conservation rates. Mr.
Hasko stated the Department of Environmental Protection sponsored a major effort and solicited
groups of stakeholders statewide to participate in a series of meetings to discuss how everyone
will work together (state, regional, and local) as well as moving on to look at the water resources
on a regional level. Mr. Hasko stated this is unpopular statewide and noted that Tampa, St.
Petersburg, and Palm Beach County have each filed a challenge.
Mrs. Archer moved to approve ratification of the filing of the challenge and the
appointment the outside law firm of Lewis, Longman, & Walker to handle the rule challenge,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said
motion passed with a 5 to 0 vote.
9.Go
RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the appointment ofNorbert Poli as the West
Atlantic Redevelopment Coalition representative on the Parking Management Advisory Board
for a term ending September 30, 2004.
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03/13/03
Mr. Perlman moved to approve the ratification of the appointment for Norbert
Poli as the West Atlantic Redevelopment Coalition representative on the Parking Management
Advisory Board for a term ending September 30, 2004, seconded by Mr. Levinson. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.H. DELRAY BEACH ECONOMIC SELF-SUFFICIENCY INITATIVE:
Consider a request to endorse a Delray Beach Economic Self-Sufficiency Initiative, the proposed
Mission Statement and three-step implementation strategy and establish a task force as
recommended.
Ms. McCarthy moved to approve to support the Delray Beach Economic Self-
Sufficiency Initiative and provide staff support, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman- Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
12.
FIRST READINGS:
None.
13,..
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. CiW. Mana~,er.
The City Manager stated there has been a request that staff put The Wall Street
Joumal article regarding Delray's Home Front Security Force on the City's website and reported
that this has been done.
Secondly, the City Manager stated he has received a few invitations and asked the
Commission for direction. The City Manager explained that the first invitation the Palm Beach
County League of Cities is having a golf tournament to raise money for their scholarship fund
and are asking for cities to be hole sponsors at $150.00. The City Manager continued to state
that Representative Clay Shaw is being honored at the 2003 Distinguished Citizen Award Dinner
being sponsored by the Gulf Stream Council Boy Scouts of America on Friday, April 4, 2003,
and he received an inquiry as to whether the Commission would like to buy a table for $1,000.
Mr. Perlman stated he feels $150.00 for the sponsorship makes sense. Depending
on whether or not the City has the funds, Mr. Perlman stated the City is going to be trying to
work more closely with Mr. Shaw to bring some dollars in and feels it would be a good idea for
the City to have presence there and continue the relationship that Mayor Schmidt has built with
Representative Shaw.
Mrs. Archer stated that perhaps there is another municipality who would like to
share a table with the City of Delray Beach in an effort to fill an entire table.
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03/13/03
Mayor Schmidt asked the City Manager to get in touch with the City Managers in
Boca Raton and Boynton Beach and split a table at $500 each since some of the Commission
have prior commitments for April 4th.
With regard to the raccoon issue, the City Manager stated he discussed this with
Mrs. Butler this afternoon and noted that this was researched several years ago. The City
Manager stated that Mrs. Butler's recollection was State law prohibits relocating raccoons
because the official wildlife people are concerned about moving disease among raccoon
populations and the City does not trap wild animals and is unclear about what the private
trappers do. Furthermore, the City Manager stated staff would thoroughly research this issue and
get back to the Commission.
13.B. Ci.ty Attorney.
The City Attorney had no comments or inquires on non-agenda items.
13.C.
13.C.1.
Ci,ty Commission.
Commissioner Archer
Mrs. Archer congratulated Commissioner Levinson on a good campaign and good
win.
Secondly, Mrs. Archer stated Vera Farrington is being honored as a recipient of
the African-American Achievers Award this evening at the Broward County Convention Center
and stated she is very sorry that the Commission could not attend. Mrs. Archer reiterated that
she would like to very much have been able to attend.
Mayor Schmidt stated he has asked that the City Clerk prepare a proclamation for
Ms. Farrington and this will be presented to her at the next regular meeting.
Mrs. Archer stated she had the opportunity to represent the City as an honored
champion at the YMCA dinner on Friday evening at the Boca Raton Hotel. Mrs. Archer
continued to state she received a very nice medal on a red ribbon to honor Delray Beach as a
champion for the YMCA. Mrs. Archer stated the event was very well done and it honored many
local high school students with scholarships for further education. Mrs. Archer stated she was
very glad to represent the City of Delray Beach.
Mrs. Archer stated she saw an article in the newspaper regarding a local Carver
Middle School student who was one of thirteen finalists to attend the National Geographic
Geography Bee and noted this is the State championship.
Mrs. Archer stated she had the opportunity to meet with Joan Goldberg fi.om the
County Art and Public Places and stated Ms. Goldberg informed her that they would be putting
out an RFP for artwork and for a Florida local artist conception of what the plaza should be in
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03/13/03
front of the Courthouse. Mrs. Archer continued to state that the plaza is going to be redone so
that it will be more pedestrian friendly. Mrs. Archer asked if someone could provide Audrey
Wolf with a copy of the elevations for the library because they would like to make sure it is
compatible and any information regarding the history of the block where the Courthouse is
located in addition to the history of the blocks on both sides of the Courthouse.
Mrs. Archer commented about the litter and vehicles on the edge of Dixie
Highway behind Power Sports. Mrs. Archer expressed concern over the traffic problems and
increased activity taking place along Dixie Highway.
The City Manager explained that this is an unusual situation because they moved
into an existing building and today someone could not build something with a setback that this
building has and noted it is grandfathered in. The City Manager stated staff needs to keep a
close watch on this to make sure that they do not abuse this. Mr. Levinson stated the new
manager is making a significant and positive impact on the process.
13.C.2.
Commissioner Perlman
Mr. Perlman congratulated Commissioner Levinson for running a good race.
Secondly, Mr. Perlman stated he and Mr. Levinson had an opportunity to go on
the Haitian radio on Monday. Mr. Perlman stated he feels this will be a fabulous investment and
a very successful program.
Mr. Perlman stated he is happy about the national press the City of Delray Beach
is getting (i.e. The New York Daily News, The Boston Globe, and The Philadelphia Inquirer).
Mr. Perlman stated he was on the Sid Snyder Show yesterday and he talked about
the fiber optic project.
Mr. Perlman stated he received part of an email chain from Mary Lou Ciambriello
and stated it was not clear to him whether she did put in for the traffic calming. In response, the
City Manager stated staff determined that Ms. Ciambriello never filed an application but staff is
proposing some traffic calming on Lindell Boulevard.
Mr. Perlman stated American Coastal Coalition (ACC) added its voice to a
resolution to preserve the beach re-nourishment funds and they are contacting ACC throughout
the State to lend their voice and stated that he hopes there is additional lobbying muscle on that
effort.
Mr. Perlman stated eleven people from Delray Beach courtesy of the MacArthur
Foundation were up in Baltimore, Maryland and noted that they went on a tour of the
empowerment zone. Mr. Perlman stated that there was $100,000,000 in grants given to this
blighted area of Baltimore. Mr. Perlman stated he came in contact with the brother of the owner
of Old School Bread Company who is redeveloping one million square feet of office space and is
really turning around the area.
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03/13/03
13.C.3.
Mayor Schmidt
Mayor Schmidt congratulated Mr. Levinson on his re-election.
Secondly, Mayor Schmidt stated he had the opportunity to attend the final day of
the Youth Soccer League when they have their championship games which is the Mayor's Cup.
Mayor Schmidt continued to state that due to scheduling conflicts he has not been able to go to
the last two and they have presented the City of Delray Beach with a plaque in appreciation of
the City's support of the soccer league and more importantly, they are very excited about the
idea of a soccer complex. They have 700 children involved in the soccer program and are
currently turning them away because of lack of space at Miller field.
Mayor Schmidt announced that the St. Patrick's Day Parade will be held on
Saturday, March 15, 2003, at 2:00 p.m.
13.C.4.
Commissioner McCarthy
Ms. McCarthy congratulated Commissioner Levinson on his re-election. In
addition, Ms. McCarthy stated she would like to say congratulations to our new Commissioner
coming on board soon Mr. Bob Cosfin and to our Mayor elect which will be official later this
month. Ms. McCarthy stated she looks forward to working with everyone over the next year.
Secondly, Ms. McCarthy stated she made plans to be at the Broward County
Convention Center honoring Vera Fardngton as well. However, Ms. McCarthy stated she was
so elated when the Chairperson from the CRA made the recommendation in their last meeting to
put a bus in place so that citizens from this area could attend and that Delray Beach would be
represented in support of Ms. Farrington. Ms. McCarthy stated she had gone to the African-
American Cultural Museum in Fort Lauderdale for a meeting and went through their exhibit and
noted that Delray Beach is recognized because of Vera Farrington and things that we have done
for the EPOCH center. Ms. McCarthy stated she had heard that someone sent Ms. Farrington
flowers today and noted that she will be presented with a corsage as well. Ms. McCarthy
suggested that when Ms. Farrington is presented with the proclamation on March 18th that she
also is presented with flowers as well since the Commission could not be with her this evening
and because of her many accomplishments.
Ms. McCarthy stated with regard to the raccoon issue on the north side of Federal
Highway she believes that some additional communication has been sent. Ms. McCarthy stated
the President of the Homeowners' Association has been in contact with the CRA and the owners
of Urban Development.
13.C.5.
Commissioner Levinson
Mr. Levinson thanked everyone for all the kind words and stated he appreciates
all the help everyone provided as well as the rest of the people in the community not just the
voters but all the people who worked on the campaign. Mr. Levinson also thanked his daughter
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03/13/03
Lauren Levinson who got a taste of politics and stated he is very proud of her for doing a great
job.
Mr. Levinson congratulated Mrs. Archer for the award she received.
Mr. Levinson stated he spoke to Leslie Jacque and noted that she needs to know
when the City will be ready to broadcast on the radio stations.
Mr. Levinson stated he would like an update as to how the tennis attendance was
this year and what the parking revenues were.
The City Manager stated the City received very positive comments from the FBI
who assisted with security during the tennis tournament.
With regard to some problems with Power Sports, Mr. Levinson thanked the
Police Department and the new manager for addressing the problem regarding noise and
speeding seems to have been significantly positively impacted.
Mr. Levinson commented about a meet-and-greet over on the beach a week ago
where he met a man who was the Acting Surgeon General for the United States from 1973-1977
and feels this is very impressive.
at 7:50 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on March 13,
2003, which Minutes were formally approved and adopted by the City Commission on
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City Clerk
03/13/03
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.
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03/13/03
MARCH 18~ 2003
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at
6:00 p.m. Tuesday, March 18, 2003.
1. Roll call showed.
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Peflman
Mayor David W. Schmidt
Absent -
None
Also present were -
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle Nubin, Acting City Clerk
Beach.
The opening prayer was delivered by Reverend Nancy Norman, Unity of Delray
0
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Mayor Schmidt requested that Item 6.E. Reco~nizine and Commendine the
Del-Aire Country Club be moved to Presentations as Item 7.E. so the proclamation and
presentation can be presented simultaneously.
Mrs. Archer moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman o Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
APPROVAL OF MINUTES:
None.
PROCLAMATIONS:
6oAo
Recoenizing and Commending Vera Farrington
Mayor Schmidt read and presented a proclamation hereby recognizing Vera
Farrington and call upon all present to acknowledge and applaud the multitudinous contributions
she has made and continues to make to her community. In addition, Mayor Schmidt stated the
Commission was not able to attend the awards presentation in her honor last week because of the
City Commission meeting held the same evening (March 13, 2003) and thus presented Ms.
Farrington with a bouquet of flowers. Ms. Farrington came forward to accept the proclamation
and bouquet of flowers.
6oao
Recognizing and Commendin~ the Dei-Aire Country Club
This item was moved to Presentations as Item 7.E.
6oCo
Commending multiple medal winners - Delray Beach 2003 Senior Games
Mayor Schmidt read and presented a proclamation hereby commending the
following multiple medal winners of the Delray Beach 2003 Senior Games:
Jay Charles - 10 medals (5 gold, 1 bronze in swimming and 4 gold in
track and field)
Dr. Herbert Furash - 10 medals (5 gold and 5 silver in swimming)
Loring Holmes - 10 medals (8 gold and 2 silver in swimming)
Alvin Malthaner- 7 gold medals in swimming
Ed Rangel - 6 medals (2 gold and 1 silver in track and field, 1 gold and 1
silver in basketball skills, and 1 silver in bowling)
Benjamin Jimenez - 5 medals (3 gold and 2 bronze in track and field)
Robert Spaulding - 5 gold medals in swimming
Vivian Stirpe - 5 medals (2 gold in track and field, 3 silver in swimming)
Bill Campbell - 4 silver medals in swimming
Neil Eichelbaum - 4 gold medals in swimming
Justin Langsner - 4 medals (2 gold in track and field, 2 gold in basketball
skills)
Department,
present.
Danielle Gallo, Rec. Supervisor III
came forward to accept the proclamations
(Marketing)/Parks and Recreation
for those individuals who were not
6°D°
Temple Sinai 25th Year Anniversary - March 2003
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending Temple Sinai of Palm Beach County on its 25th Anniversary in the City of Delray
Beach, Florida, and congratulates their commitment to outstanding service to the community
through deeds of loving kindness. Rabbi Chaim Wender and Robert Goodman, President of the
Temple Sinai Board of Trustees, came forward to accept the proclamation.
Prior to the scheduled Presentations, the City Manager informed the Commission
that there will now be a special presentation.
Dixie Di Massio, Past President of Noontime Kiwanis, presented Mayor Schmidt
with a medal, lapel pin and plaque. Mayor Schmidt's wife and mother were also present for the
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03/18/03
presentation.
At this point, Mr. Perlman read a proclamation from the City Commission to
Mayor Schmidt and presented him with the Distinguished Citizen Award for all his contributions
as a good citizen.
e
PRESENTATIONS:
7.A. RESOLUTION NO. 16-03: Recognizing and Commending Luis Lluveras for
30 years &dedicated service to the City of Delray Beach.
The caption of Resolution No. 16-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING LUIS LLUVERAS FOR THIRTY YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY BEACH.
(The official copy of Resolution No. 16-03 is on file in the City Clerk's office.)
Mayor Schmidt read Resolution No. 16-03 recognizing and commending Luis
Lluveras for thirty years of dedicated service. Dan Beatty, Deputy Director of Public Utilities,
came forward to accept the proclamation and plaque on behalfofLuis Lluveras.
7.B. Roots Cultural Festival~ Inc. - Libby Wesley
Elizabeth Wesley, 309 Lincoln Lane, Defray Beach, stated the Roots Cultural
Festival gave a presentation and the youth of Delray Beach declared February 22, 2003, as City
Commission Day.
Donalda McCarthy (Commissioner McCarthy's daughter) read and presented a
proclamation to Mayor Schmidt and the Commission in recognizing City Commission Day.
On behalf of the Roots Cultural Festival, Inc., Ms. Wesley presented former
Commissioner David Randolph with a proclamation recognizing and commending him for
helping the youth. Mr. Randolph came forward and thanked everyone for the opportunity to be
able to receive this proclamation.
7,C.
Lake Ida Homeowners' Association - JoAnn Peart
JoAnn Peart, representing the Lake Ida Homeowners' Association, stated the City
of Delray Beach has been very good to them and stated there are approximately 800 homes in
their community. Mrs. Peart stated the Police Department has been very helpful and commented
that some police officers attend the homeowners' association meetings. Mrs. Peart stated some
of the residents have had the opportunity to ride around with staff from the Code Enforcement
division and feels this has worked out well. Mrs. Peart continued to state that the Community
Improvement Department has been very helpful with mailings and lists for surveys, etc. so that
they can get input from the residents.
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03/18/03
Mrs. Peart stated Mike Cruz is the new President for the Lake Ida Homeowners'
Association and stated one of his goals is to improve and upgrade the Lake Ida Park on 11th
Street. Mrs. Peart stated Mr. Cruz met with Joe Weldon, Director of Parks and Recreation, about
what the Lake Ida Homeowners' Association would like and now need direction on how to move
forward with this.
Mrs. Peart stated she feels one of the strongest points of the Lake Ida
Homeowners' Association are the children's events. Mrs. Peart stated their neighborhood has a
neighborhood parade on the 4th of July, an Easter Egg Hunt, and every Halloween a neighbor has
a party for the entire neighborhood. Mrs. Peart thanked everyone for all their cooperation and
personally thanked Mayor Schmidt for being a humble Mayor.
7.D. Delray Camera Club Awards - "Florida-Our Sunshine State"
The Delray Camera Club is a group of amateur and professional photographers
who meet twice a month to learn more about photography from one another and from
informative workshops, lectures, slide shows, field trips, and monthly competitions. Each year
we invite the Delray Camera Club to exhibit their work at City Hall. The club's exhibit this year
is called "Florida - Our Sunshine State".
Mayor Schmidt presented the following winners with a Certificate of
Achievement:
HONOIL4BL E MENTION
Leonard Friedman
"Polo Match"
Stuart Freedman
"Mates"
Hal Shaffran
"Me and My Shadow"
Hal Shaffran
"Testing the Waters"
Ruth Razzetti
"Bayside Flags - Miami"
Third Place
Sally Gottlieb
"Wise Old Pelican"
Second Place
Abe Marder
"At Sandhill Park"
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03/18/03
First Place
Ted Reich
"City Place At Night"
On behalf of the City Commission, Mayor Schmidt expressed his sincere
congratulations to the winners and to all the talented photographers who entered the competition.
7.E. 14th Annual Del-Aire/Delray Citizens for Delray Police - Charities Golf
Tournament to benefit Delray Beach Fire Rescue and Police Departments - Perry
DonFrancisco
Mayor Schmidt read a proclamation to acknowledge and thank the residents of the
Del-Aire Country Club for their support and efforts on behalf of the Delray Beach Fire-Rescue
Department, the Delray Beach Police Department, and the Delray Citizens for Delray Police.
Perry DonFrancisco stated for the last fourteen years the representatives of Del-
Aire Country Club have been here every year to give to the City of Delray Beach and donate to
the Fire-Rescue and Police. Mr. DonFrancisco continued to state this community has opened up
their hearts and wallets to our service personnel to purchase life saving and crime fighting
equipment. Mr. DonFrancisco stated although the Police and Fire-Rescue Department receive
the funds, the real beneficiaries of this generosity are the residents of Delray Beach. Mr.
DonFrancisco introduced Jack Lipsey, President of Del-Aire Country Club, Harvey Lurvey, Co-
Chair of the Charity Golf Tournament, and Liz Greener, Co-Chair of the Charity Golf
Tournament.
Jack Lipsey, President of Del-Aire Country Club, stated in 1987 he and his wife
bought a home in Del-Aire and since then is convinced that they are living in a magnificent
community within a sensational city. Mr. Lipsey stated he represents 360 members of the
Country Club and considers it a privilege to be part of this community and on behalf of all the
members of Del-Aim accepted the proclamation with much gratitude.
Harvey Lurvey, Co-Chair of the Charity Golf Tournament, stated this Charity
Golf Tournament has been held for many years and he is very proud to be a part of it. Mr.
Lurvey stated Del~Aire has given well over $400,000 to the community and commented that it
grows larger every year. Mr. Lurvey presented Chief Koen and Chief Schroeder each with a
check in the amount of $19,066.27 for the Delray Beach Fire Rescue and Police Department.
At this point, Mr. Lurvey recognized Perry DonFrancisco for doing a marvelous
job with organizing the golf this tournament every year.
Mayor Schmidt recognized the residents of Del-Aire and thanked Mr.
DonFrancisco for the contribution this year. In addition, Mayor Schmidt recognized former
Commissioner Bill Schwartz who is also a resident of Del-Aire.
On behalf of the Del-Aire Country Club and the Charity Golf Tournament, Mr.
DonFrancisco thanked the Commission for their continued support over the years.
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O3/18/03
7.F. American Legion Milton Myers~ Post #65 - Scott Schley
Scott Schley, Commander with the American Legion Milton Myers Post #65,
presented Mayor Schmidt and thc Commission with a plaque and thanked them for all their
support throughout the year.
At this point, Mayor Schmidt stated he would like to recognize Jim Smith,
husband of the late Commissioner Barbara Smith.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR SIDEWALK DEFERRAL/ISLAND DRIVE: Approve a
request to defer the installation of a sidewalk in front of 1117 Island Drive. Staff recommends
approval.
8.Bo
FINAL SUBDIVISION PLAT APPROVAL/WASHINGTON MUTUAL:
Approve the boundary plat for Washington Mutual, located at the southwest comer of
southbound Federal Highway and S.E. l0th Street.
8.C. FINAL SUBDIVISION PLAT APPROVAL/CONGRESS COMMERCE
CENTER: Approve the boundary replat for Congress Commerce Center, located on the
southeast comer of Congress Avenue and Lake Ida Road.
8oD.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period March
10, 2003 through March 14, 2003.
8.go
AWARD OF BIDS AND CONTRACTS:
Purchase award to the Dell Corporation in the amount of $17,550.00 via
the State of Florida Contract #250-000-03-1 for the purchase of ten (10)
mid-range desktop computers for the Police Department. Funding is
available from 334-6112-519-64.11 (Computer Equipment).
Bid award to Solutions Landscaping Maintenance, Inc. at an estimated
annual cost of $15,000.00 for nuisance abatement (lot clearing and
mowing) for the Code Enforcement Department. Funding is available
from 001-2741-524-34.30 (General Fund~Lot Mowing & Clearing).
Lease award to Ikon Office Solutions in the total amount of $23,622.84
over a three (3) year term via the Miami-Dade Contract #143-BB05 for the
lease of a Canon Image Runner 8500 Digital Copier to be shared by the
Community Improvement and Planning & Zoning Departments. Funding
is available from 001-2511-515-44.30 and 001-2711-524-44.30 (General
Fund/Equipment).
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03/18/03
Mr. Levinson moved to approve the Consent Agenda, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with
a 5 to 0 vote.
REGULAR AGENDA:
9.A. REQUEST TO REDUCE LIENSNERNANDO SCADLOCK: Consider a
request from Ms. Vemando Scadlock to waive the interest and administrative/recording fees in
the amount of $2,514.70 assessed for abating nuisances on property located at 126 N.W. 11th
Avenue. Ms. Scadlock is prepared to pay the remaining lien of $3,458.50. Staff recommends
approval.
Lula Butler, Director of Community Improvement, stated this is a request from
Ms. Vemando Scadlock to waive the administrative and recording fees assessed on property
located at 126 N.W. 11th Avenue. The total interest and fees is $2,514.70.
Ms. Butler stated the City demolished an unsafe structure and abatement of
nuisances on the referenced property in 1992. The property was originally owned and occupied
by Ms. Scadlock's parents. The parents and other siblings are now deceased and Ms. Scadlock is
taking the position that she now lives on a fixed-income and will ultimately sell this property to
aid in her retirement. In this case, the City spent a total of $3,458.50 for the demolition and
abatement of nuisances to this property.
Staff recommends approval of the request to reduce the lien amount from
$5,973.20 to $3,458.50 to cover actual out-of-pocket expenses.
Ms. McCarthy moved to approve staff's recommendation to reduce the lien to
$3,458.50, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
9.B. SPECIAL EVENT REQUEST/2ND ANNUAL CARIBBEAN AMERICAN
FESTIVAL: Consider a special event request for the 2nd Annual Caribbean American Festival
sponsored by the Haitian Cultural Society of the Palm Beaches and Toussaint L'Ouverture High
School to be held on May 10, 2003 from 3:00 p.m. to 10:00 p.m. at Old School Square, including
a waiver of LDR Section 4.6.7(D)(3)0)(ii) to allow event signage to be installed by April 27,
2003, trash removal/site clean up, EMS service, staff support for security and traffic control with
the event sponsor paying fifty (50%) of overtime costs; contingent on the sponsor providing
liability insurance and a hold harmless agreement.
The City Manager stated this event was held last year and was well received.
Staff recommends approval of the event, staff assistance for traffic control and security, EMS
service, trash pick up and site clean up, and event signage to be installed by April 27, 2003, and
the sharing 50/50 of the overtime costs.
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03/18/03
Diane Allerdyce, 506 S.E. 3rd Avenue, Delray Beach, stated Toussaint
L'Ouverture High School is now a co-sponsor of the event and because of the sun and heat last
year people did not show up until late in the day, she is requesting that there be a provision for
the festival to end at 11:00 p.m. rather than 10:00 p.m.
Mr. Levinson inquired if the overtime costs for the event will be capped at half of
$4,500 since the City will split the overtime costs. In response, the City Manager stated it will
be capped at half of whatever the overtime costs are. Mr. Levinson asked if the City will save
money if the event is held until 11:00 p.m. versus midnight. The City Manager stated ending the
event at 11:00 p.m. instead of midnight should save the City in overtime costs.
Mrs. Archer stated that in the original request it referred to a parade and asked if
this will be on the sidewalks. Jimmy Jacques, President of the Haitian Cultural Society of the
Palm Beaches, stated the original request was for a parade route on N.E. 1 st Avenue behind Old
School Square left onto Swinton Avenue left on Atlantic Avenue and left on N.E. 2nd Avenue
back to N.E. 1st Avenue. Mr. Jacques stated the parade will take approximately 1-1 ½ hours.
Mrs. Archer asked if the costs of the parade have been addressed. In response,
Rich Olson, Interim Director of Public Works, stated the cost does not include the cost of parade
and commented that the dollar amount is only for the overtime costs and other things associated
with having the event on the Old School Square site. Mrs. Archer commented that maybe
because last year the parade was on the sidewalk and this year they are requesting that the parade
be on the street. Mr. Olson stated this is correct and commented that the route along the streets
would be very difficult for the City to do detour routes required under FDOT rules and
regulations.
Ms. McCarthy asked Mr. Olson to explain why the parade going around Old
School Square in a square is more difficult than any other parade. In response, Mr. Olson stated
N.E. 1st Street is the bypass route that would be blocked off along with Atlantic Avenue and
Swinton Avenue and thus there would be a completely difficult detour pattern taking people
most likely to N.E. 2nd Street to N.W. 1st Street back to Atlantic Avenue and commented that
there are a number of intersections involved that would need to be addressed. Mr. Olson stated
usually when Atlantic Avenue is used for a parade the other streets are kept open so these streets
can be used as the detour routes. However, according to this request the City would be blocking
Atlantic Avenue and one its normal detour routes off and reiterated that the cost estimates
regarding the parade have not been addressed.
Ms. McCarthy asked if a compromise could be reached with the Caribbean
American Festival and the City as well. The City Manager stated a parade that goes along two
streets would be much easier to manage then a parade that uses four streets.
After brief discussion between staff and the Commission, it was the consensus
that staff work out a compromise with the Haitian Cultural Society of the Palm Beaches to have
the parade and possibly use two streets versus using four.
Mrs. Archer moved to approve the special event request for the 2nd Annual
Caribbean American Festival to be held on May 10, 2003, at Old School Square subject to staff
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03/18/03
recommendations; and, that arrangements are worked out for the parade and the event end at
11:00 p.m., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
9.C. EXTENSION/SUPERLATIVE GROUP~ INC.: Consider a request from
Superlative Group, Inc. for a ninety (90) day extension to the naming fights agreement for the
Tennis Center.
The City Manager stated the contract for naming fights with the Superlative
Group, Inc. expires March 31, 2003, and he feels it is in the best interest of the City to grant the
ninety (90) day extension.
Mr. Perlman moved to approve the request from Superlative Group, Inc. for a
ninety (90) day extension for the naming fights agreement for the Tennis Center, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 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.
10.
PUBLIC HEARINGS:
None.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda items from the City Manager and the Public.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ll.A.
City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and inquiries.
! 1.B. From the Public.
ll.B.1. Bill Schwartz, 3863 .Live Oak Boulevard, Delray Beach, stated the
presentations at the meeting tonight just go to your heart. Mr. Schwartz asked how many cities
in the world could be as proud to have what the City of Delray has. Mr. Schwartz stated the City
Commission is the catalyst that makes all of these organizations and all of our people work so
well.
ll.B.2. Bettina H. Pratt, Lanikai Villas Condo, 320 South Ocean Boulevard, Delray
Beach, read a letter stating there are 24 units of valuable beachfront property in Lanikai Villas
Condo and they own their land. Ms. Pratt stated they resent the City building a permanent
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03/18/03
lifeguard station and tower directly in front of the property. Ms. Pratt stated in the past they were
always informed regarding any type of building that was occurring in their area. However, in
this instance, they were not. Ms. Pratt stated Anchor Park is obviously a preferable location for
the lifeguard station on the beach nearer to the Parks and Recreation office. Regarding the
erosion line, Ms. Pratt stated it should not change much just next door. Ms. Pratt stated the City
says that building another structure in a better location would cost thousands of dollars. Ms.
Pratt stated their property is worth millions of dollars and they do not want an inappropriate
building placed carelessly in their view. Ms. Pratt stated they hope the City will reconsider its
plans and stop the present work until the plans are discussed with the property owners.
ll.B.3. Lee Moore~ Lanikai Villas Condo, 320 South Ocean Boulevard, Delra.~
Beach~ stated the temporary lifeguard stand is located directly in front of his condominium
currently blocked by sea grapes. Mr. Moore stated he has been in contact with Joe Weldon who
has responded to the President of their association. Mr. Moore stated that he also contacted the
EPA in Tallahassee who informed him that if the Parks and Recreation Department had moved
the stand 15 feet south the EPA would have approved the location. Mr. Moore stated he and Joe
Weldon discussed the "functuality" of the permanent lifeguard stands that are to be built
approximately 400 feet away from the beach. Mr. Moore asked if we are going to wait on the
erosion of the beach to make it functual. Mr. Moore stated the temporary lifeguard stands will
be used for years to come. Mr. Moore stated it does not make any sense for the City to spend
approximately $290,000 dollars on permanent lifeguard stands. Mr. Moore stated no one would
complain if the lifeguard stand were moved 15 feet south to Anchor Park. Mr. Moore stated he
would like to petition that the issue be put on hold. Mr. Moore stated lifeguard stands should not
be 400 feet away from the public since hfeguards are there to save the public.
ll.B.4. Alice Finst~ 707 Place Tavant, Delray Beach, stated she attended the Planning
and Zoning Board meeting last night and wanted the City Commission to be aware of some
projects that will come before it. Mrs. Finst stated that we need to look at what is being done
with buildings that are coming before Planning and Zoning and what is going to be constructed.
Mrs. Finst stated that previous comments were made during the election process regarding
keeping the charm of the City. Mrs. Finst stated that she was told the codes were going to be
revised. Mrs. Finst stated that by the time codes are revised there would not be a square foot of
land left without something built up to the sidewalk in the downtown area. Mrs. Finst suggested
that the Commission put a moratorium on what the City is receiving or get plans in place in order
for the City to have a decent downtown area. Mrs. Finst stated the City is supposed to be
neighborhood friendly, but the neighborhood is disappearing due to gigantic buildings coming in
and overshadowing the neighbors.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 8-03: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", of the Code of Ordinances by amending Section 96.25, "Discharge or Use
of Fireworks" to prohibit the use of pyrotechnic special effects, flame effects, or similar devices
inside of buildings/enclosed spaces and to specify the requirements for outdoor fireworks
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03/18/03
displays.
The caption of Ordinance No. 8-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96,
"FIRE SAFETY AND EMERGENCY SERVICES", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 96.25, "DISCHARGE OR USE OF
FIREWORKS", TO PROVIDE THAT THE USE OF
PYROTECHNIC SPECIAL EFFECTS, FLAME EFFECTS OR
SIMILAR DEVICES INSIDE BUILDINGS OR OTHER
ENCLOSED SPACES IS PROHIBITED AND TO SPECIFY THE
REQUIREMENTS FOR OUTDOOR FIREWORKS DISPLAYS;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 8-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Kerry Koen, Fire Chief, stated the ordinance amends Chapter 96 of the Code of
Ordinances to prohibit certain indoor fire pyrotechnic and special effects from being used inside
any building, tent, structure, or other enclosed spaces. ChiefKoen stated this is a result of recent
situations in the Northeast and this ordinance is being brought forward for community safety.
Mrs. Archer asked for clarification as to whether or not an individual would make
an application to the Fire Department or whether it would go through City Hall. In response,
Chief Koen stated the issue of permitted displays would first go to the City Manager's office by
process and would then be referred to Fire Rescue for recommendations and permitting.
Mr. Perlman stated he feels this is a proactive ordinance and commended Chief
Koen for his good work.
Prior to the vote, Mr. Levinson suggested that the City have some methodology
by distributing this new ordinance to bars, restaurants, and other facilities throughout the City.
Mr. Levinson continued to state that staff could go through the Occupational License list and do
a mailing to notify people of the new ordinance.
Ms. McCarthy moved to approve Ordinance No. 8-03 on FIRST Reading,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Peflman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
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03/18/03
13.A. City Manager.
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney stated Mayor Schmidt will be missed wished him good luck.
13.C.
City Commission.
13.C.1.
Commissioner Perlman
Mr. Perlman stated Mayor Schmidt has been a great mayor and it has been a
privilege and pleasure to sit next to him for the past three years. Mr. Perlman stated that he
intends to call Mayor Schmidt and hopes the Mayor will take his calls.
13.C.2
Commissioner Archer
Mrs. Archer presented the YMCA badge she received. Mrs. Archer suggested
that Mayor Schmidt come back to visit the City.
Mrs. Archer stated that she has appreciated Mayor Schmidt's presence both as a
Commissioner and Mayor.
13.C.3.
Commissioner Levinson
Mr. Levinson stated the Saint Patrick's Day Parade was spectacular and brought
in numerous people outside of the city who were eating in the restaurants enjoying the day and
the stores.
Mr. Levinson stated that he attended the Our Lady of Perpetual Help Dedication
on Sunday night. Mr. Levinson stated that approximately 1,000 people attended and it was a
terrific day for that congregation.
Mr. Levinson stated it has been spectacular serving with Mayor Schmidt and
thinks he has done an outstanding job through some tough times. Mr. Levinson stated that is the
true test of a steward and leader. Mr. Levinson stated he is proud to have served with Mayor
Schmidt.
13.C.4.
Commissioner McCarthy
Ms. McCarthy stated she followed Mayor Schmidt from Planning and Zoning to
the Commission and she garnered respect for him on that board. Ms. McCarthy stated that
Mayor Schmidt has kept her respect and it has been a time of change and challenges. Ms.
McCarthy stated Mayor Schmidt has withstood it all and would like to say to him in public that
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03/18/03
she admires his ability to be just and fair, to analyze things and look at them for the good of all,
and not just a few.
Ms. McCarthy stated she would like to commend Mayor Schmidt openly in his
being inclusive of a multitude of people no matter where the people came fi.om or how much
money they had. Ms. McCarthy stated that if the people had an issue and there was a way to
resolve the issue equitably, the Mayor did so, and provided the City Commission with any extra
leadership it needed.
13.C.5
Mayor Schmidt
Mayor Schmidt gave his farewell speech. In closing, Mayor Schmidt stated that
he knows the City Government is being left in goods hands with his colleagues sitting on the dais
and the staff supporting them. Mayor Schmidt then shared an Irish blessing with the
Commission. The Mayor's speech has been made a part of the official record of the City of
Delray Beach and is on file in the City Clerk's Office.
at 7:30 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on March 18,
2003, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
-13-
03/18/03
HOW DO I SUM UP 6 YEARS OF SERVICE AS AN ELECTED OFFICIAL? I TIIINK
DICKENS SAID IT BEST: IT WAS THE BEST OF TIMES, IT WAS THE WORST OF
TIMES.
I WON'T DWELL ON THE NEGATIVE, BECAUSE FORTUNATELY I CAN SAY
THAT ALMOST ALL OF MY TIME ON TIlE COMMISSION WAS TRULY THE
BEST OF TIMF_~. 1 AM NOT GOING TO ATTEMPT TO SUMMARIZE
ACCOMPLISHMENTS. INSTEAD, I LEAVE TIIE COMMISSION KNOWING THAT
I LIVED UP TO THE ASPIRATIONS OF THEODORE ROOSEVELT WHEN HE
HELP PUBLIC OFFICE. HE SAID: "I WOULD RATI-I'ER Cfi) OUT OF POLITICS
HAVING THE FEELING THAT I HAD DONE WHAT WAS RIGHT THAN STAY IN
WITH THE APPROVAL OF ALL MEN, KNOWING IN MY HEART THAT I HAVE
ACTED AS 1 OUGHT NOT TO."
THE BEST OF THE BEST ARE TI-IE FRIENDSHIPS WITH MY FELLOW
COMMISSIO~RS AND STAFF THAT I STRENGTHENED OR ESTABLISHED
WHILE IN OFFICE. I AM TRULY BLESSED TO HAVE HAD THE OPPORTUNITY
TO SERVE WITH ALL OF YOU.
IN CLOSING, I KNOW THE CITY GOVERNMENT IS BEING LEFT IN GOOD
HANDS WITH MY COLLEAGUES SITTING HERE AT THE DIAS AND THE
STAFF SUPPORTING YOU. FOR EACH OF YOU, I OFFER THIS IRISH BLESSING
FOR THE WORK THAT YOU WILL DO ON BEHALF OF THE RESIDENTS OF
Ed 14dvS:£0 £00~ 0~ 'ae~ 913EOS9~9S : 'ON X~I~ I~I~HDS ~N~ NOMIS : Mi~
DELRAY BEACH:
May the light of your soul guide you.
May the light of your soul guide you.
May the light of your soul bless the work you do with the secret love and warmth of your
heart.
May you see in what you do the beauty of your own soul.
May the sacredness of your work bring healing, light and renewal to those who work with
you and to those who see and receive your work.
May your work never weary you.
May it release within you wellsprings of refresbanent, inspiration, and excitement.
May you be present in what you do.
May you never become lost in the bland absences.
May the day never burden.
May dawn find you awake and alert, approaching your new day with dreams,
possibilities, and promises.
May evening find you gracious and fulfilled.
May you go into the night blessed, sheltered, and protected.
May your soul calm, console, and renew you.
HOW DO I SUM LIP 6 YEARS OF SERVICE AS AN ELECTED OFFICIAL? I TItINK
~FHERF..AS, the Holocaust was the state-sponsored, systematic persecution and
annihil~tion of European Jewry by Nazi Germany and its collaborators between 1933 and 1945.
Jews were the primary victams - six million were murdered; Gypsies, the handicapped, and Poles
were also targeted for destruction or decimation for racial, ethnic, or national reasons. Mflhons
more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and pohncal cliss~dents,
also suffered grievous oppression and death under Nazi tyranny; and
WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral
responsibilities of individuals, societies, and governments; and
WHEREAS, we the people of the City of Delray Beach, Florida, should always remember
the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny, and
WHEREAS, we the people of the City of Delray Beach, Florida, should actively rededicate
ourselves to the principles of individual freedom in a just society; and
WHEREAS, the Days of Remembrance have been set aside for the people of the City of
Delray Beach, Flortda, to remember the wctims of the Holocaust as well as to reflect on the need for
respect of all peoples; and
WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the
Umted States Holocaust Memorial Council designates the Days of Remembrance of the Victims of
the Holocaust to be Sunday, April 27 through Sunday, May 4, 2003, including the mtemanonal Day
of Remembrance known as Yom Hashoah, April 29, 2003.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida,
on behalf of the City Commission do hereby proclaim the week of Sunday, April 27 through
Sunday, May 4, 2003 as
DAYS OF REMEMBRANCE
In memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers
and liberators, and further proclmm that we, as citizens of the City of Delray Beach, Florida, should
strive to overcome intolerance and indifference through learning and remembrance.
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 1" day of Aprtl, 2003.
JEFF PERLMAN
MAYOR
WHEREAS, although Equal Housing Opportunity is a %,hr guaranteed to all Am~cans
under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing
continues; and
WHERF__a~, each year since the enactment of the National Fair Hm,~ing Act, the fedezal
government designates April. the anniversary month of that law, as Faxr Housing Month; and
WHEREAS, on this the 35~ Anniversary, the City of Delray Beach is pleased to join in that
designation, since it provides an opportumty for all Americans to rede&cate themselves to the
principles of freedom of housing choice and to reacquaint themselves with the rights and
responsibilities that ore theirs under the law; and
WHEREAS, since fait housing is consistent with the principle of equality and justice for all
- pnnmples upon which our nation was founded - we all need to share in the fight to ensure fa~r
housing is a reality for all residents; and
WHEREAS, the Fair Housing Center of the Greater Palm Beaches provides fait housing
education and outreach services for the City of Delray Beach.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Honda,
on behalf of the City Cornmi..sion do hereby proclaxm April 2003 as
FAIR HOUSING MONTH
in the City of Delray Beach, Florida, and urge, all c~tizens to join the efforts to reaffirm ~ housing
opportunities for all people.
IN gVITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Delray Beach, Florida, to be affixed this 1~ day of April, 2003.
JEFF PERI.MAN
MAYOR
WHEREAS) Macu~ Degeneration affects more th~n one million residents of Florida; and
WHEREAS, Macuhr Degenerauon causes a progressive loss of central vision and is the
leading cause of blindness in people over the age of 55; and
WHEREAS, The Foundation Fighting Blindness is woddng to find the treatment and cute
for Macular Degeneration and all retinal degenerative diseases; and
WHEREAS, awareness of the symptoms and problems associated with Macular
Degeneration can lead to early detw. ction and possible treatment; and
WHERFJ~, The Foundauon Fighting Blindness is holding the "Swing for Sight" golf
tournament at Del Afire Country Club on April 7, 2003 to raise funds and awareness to fight Macular
Degeneration.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Ddray Beach, Florida,
on behalf of the City Commission do hereby proclaim April 7 through April 13, 2003 as
MACULAR DEGENERATION AWARENESS WEEK
in the City of Ddny Beach, Florida, and extend out best wishes for a successful event in support of
The Foundation's efforts to conquer this ckeaded disease.
IN WITNESS WHEREOF, I have hereunto se~ my hand and caused the Official Seal of
the City of Ddray Beach, Florida, to be affixed this l"day of April, 2003.
JEFF PERI.MAN
MAYOR
Delray Beach Golf Club
2200 Highland Avenue
Delray Beach, FI 33445
56t.243.7380 Fax: 56t.243.7386
emaih delravRc~aol.com
March 24, 2003
Memo to: Barbara Garito, City Clerk
From: Sandra Edksson
RE: Junior Golf Awards - City Commission - Apdl 1, 2002
Confirming City_ Junior Golf Champions at the Tuesday, Apdl
1, (6:00pm) Commission Meeting, City Hall in order to
present their awards.
2002 City Junior Championship .(a.qe 12 - 17) are:
Ed Peckels,(Delray Beach) Boys Junior Champion 74,
72; (146)
Gina Larsen,( Ft. Lauderdale) Gids Junior Champion
83, 75; (158)
The 2003 Tykes on-Spikes. Champions (a.qes 12& under)
are:
Ages 4-6 Jonah Levine, 33 (six holes)
Ages 7-8 Caulen Coe, 38 (six holes)
Ages 9-10 Michael Chipola, 37 (nine holes)
Ages 11-12, Branden Digan, 51 (nine holes)
04/10/2~0~ 15:44 561498B720 LAt~EVIEW GOLF CLUB PAGE 01/01
DELRAY
DATE: Apdl 10, 2003
TO: SUE
FROM: SANDRA ERI
RE: JUNIOR
APRIL 8, ~00:
BEACH GOLF CLU
:SSON, director of golf/, '/.~',
~,DS I CITY COMMISSION MEETING,
B
The fo
juniors golfers received awards:
2O02
Boy's
Girl's
First fli
Secondi
Junior Championship:
Eddie Peckels, Delray Beach
Gina Larsen, Ft. Lauderdale
champion: Denver Milord, Delray Beach
ht champion: Will Gardner, Village of Golf
2003
Jonah
Caulen~
Brande
on Spikes:
Boca Raton (age 4-6)
Gulf Stream (age 7-9)
Digan, Parkland (age 10-12)
2002 TI Jingle Bell Scramble
Peckels (on the champion's team) Delray Beach
City Cl~ rk Fax: 243-3774
2200 ghland Avenue- Deiray Beach, FL 33445 561 243.7380
[IT¥ (IF I)ELRI:IV BEI:I[H
CITY AITORNEY'$ 0FFII~E ~oo ~w
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
Wdter's Direct Line: 561/243-7091
MEMORANDUM
March 24, 2003
Chevelle Nubin, Executive Assistant/Agenda Coordinator
Susan A. Ruby, City Attorney
Amendment to VantaqeCare Retirement Health Savinqs Plan
Attached please find an agenda item regarding an Amendment to the
VantageCare Retirement Health Savings Plan.
I have attached a memo from Joe Safford to David Harden, outlining the changes,
to serve as the cover memo, along with a copy of the resolution and Exhibits 1 and
2.
If you have any questions, give me a call.
SAR:ci
Attachment
Cc:
David Harden, City Manager
Joe Safford, Finance Director
RESOLUTION NO. }")-Cr~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RELATING TO AND ADOPTING AN
AMENDMENT TO THE VANTAGECARE RETIREMENT HEALTH
SAVINGS PLAN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida has established a retiree health savings plan
in the form of a VantageCare Retirement Health Savings Plan (the Plan) for its employees that
serves the City's interest by enabling it to provide reasonable security regarding employee's
health needs dudng retirement, by providing increased flexibility in its personnel management
system and by assisting in the attraction and retention of competent personnel; and,
WHEREAS, the City of Delray Beach has determined that the continuance of the Plan
serves the above objectives.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach hereby amends and restates the Plan as
outlined in the attached Declaration of Amendment to the VantageCare Retirement Health
Savings Plan. (See Exhibit 1, referencing Attachment C).
Section 2. That the assets of the Plan shall be held in trust with the City of Delray Beach
serving as Trustee ("Trustee") for the exclusive benefit of Plan participants and their
beneficiaries, and the assets of the Plan shall not be diverted to any other purpose pdor to the
satisfaction of all liabilities of the City of Delray Beach Integral Part Trust in the form of'the model
integral part trust agreement made available by the ICMA Retirement Corporation attached
hereto as Exhibit 2.
PASSED AND ADOPTED this
, , day of . ,2003.
ATTEST:
MAYOR
City Clerk
To:
From:
Date:
David T. Harden, City Manager
Joseph M. Saffor~n. ce Director
March 17, 2003
Subject:
Amendment to VantageCare Retirement Health Savings Plan
We would appreciate City Commission approval of a resolution approving the
amendment to the VantageCare Retirement Health Savings Plan as more fully described
below.
In November 2002, ICMA issued a proposed amendment package to the City of Delray
Beach. Some changes to the plan were administrative, some were enhanced investment
options and some changes are to keep the plan benefits consistent with new IRS rules and
regulations so that the plan benefits remain tax-free. The plan continues to allow the
deposit of accrued sick leave and vacation time at the time of separation bom
employment with the City in accordance with established personnel policies and union
agreements. Employees still need to elect their option in the calendar year preceding
their separation of service. Some of the more important new changes are as follows:
· Upon the death of a retiree, the spouse or dependent must use the plan assets for
healthcare purposes. They cannot draw out the funds for any other purposes even
if they are willing to pay taxes on the withdrawal.
· Upon the death of a retiree where there is no spouse or dependent, a beneficiary
must use the plan assets for healthcare purposes and pay taxes on these
withdrawals. They cannot withdraw the funds for any other purposes even
though they are paying taxes on their withdrawals.
· Plan assets must be used by the retiree for medical expenses only. There is no
longer an option to withdraw the cash and be taxed on the distribution.
· Long-term care expenses are no longer considered qualifying medical care
expenses. Long-term care insurance premiums are considered qualifying medical
care expenses.
· Existing plan participants shall be allowed to revoke their participation in the
amended plan on a one-time irrevocable basis. They would be allowed to
continue their participation under the terms of the original plan.
This plan, once amended, can be used by an employee to deposit their accrued sick and
vacation leave time pre-tax and, when used for healthcare purposes, can be withdrawn
tax-free This plan compliments our recent 457 Plan change which also allows the
deposit of sick and vacation leave time but may be withdrawn for any purpose but will
be taxed.
Please have the City Commission approve the resolution amending our VantageCare
Retirement Health Savings Plan.
Encl' Attachment C Declaration of Amendment to the VantageCare Retirement Health
Savings Plan
Cc~
Susan A. Ruby, City Attorney
Nancy Jackson, Interim Human Resources Director
Glenda Rivera, Payroll Administrator
ATTACHMENT C
DECLARATION OF AMENDMENT TO THE VANTAGECARE RETIREMENT
HEALTH SAVINGS PLAN
Plan Number: 80.9_ 20 _.7
Name ofF. rnployer: CITY OF DELRAY BEAClt
State: FLORIDA
!
The Employer is mending itsVantageCare Retirement Health Savings (RHS) Plan to incorporate the
provisions selected below. Section numbers refer to the appropriate section of theVantageCare R.HS
Adoption Agreement.
Part I: Addition of New Participation and Contribution Features; Complete Part I if you wish to
add the new participation and/or contribution features to your RHS plan.
~fFec~e Date: APRIL 1. 2003
(insert effective date of amendment).
V.. ~llgible Groups and Participant Eligibility Requirements
Use this section to allow your employees to choose to participate in the Pt-IS program. If you do not
select this option, participation will continue to be mandatory for the employee group(s) named in your
original Pt-IS Adoption Agreement. If you choose this option, employees that do not opt to participate
in Pt-IS will not receive mandatory contributions or be allowed to choose to make elective employee
contributions (see SectionVI).
Irrevocable Election to Participate
If this box is checked, in lieu of mandatory participation, the Employer provides for a one-time
irrevocable election by eligible Employees to participate in RI-IS. Until such time as the election is
made, the Employee shall not participate in the Plan or receive contributions pursuant to section VI
of the RHS Adoption Agreement.
Newly eligible Employees shall be provided an election window of 60 days (no more
than 60 calendar days) from the date of initial eligibility during which they may make the election
to participate. Participation may begin no earlier than the calendar month following the end of the
election window.
If the Employee does not make the election in the year of initial eligibility, the election to partici-
pate may be made in a later year. An annual election window of 60 days (no more
than 60 calendar days) shall be provided during which the election may be made. The election win-
dow shall run from N0V. 1 to Dg¢. 31 (insert your annual time frame for the election win-
dow, e.g. October 1 to November 29). Participation may begin no earlier than the calendar year fol-
lowing the year of the election.
Once made, the election is irrevocable and may not be revoked while the participant is a member of
the group covered by the R_HS plan.
Exhibit
Plan Number:8 0 0 2 0 7
Existing RHS participants
If you have chosen to allow your employees to elect to participate in RHS, you must choose one option
below with respect to existing participants.
Existing RHS Participants sh'all be allowed to revoke their participation in the Plan on a one-time
irrevocable basis. Participants shall be provided a 60 calendar day window from the effective date of
the plan amendment to revoke participation, l~.evocation shall be made on a form provided by the
ICMA Retirement Corporation and returned to the Employer. Once participation is revoked, the
Participant may not elect to participate in the Plan at any later time. Account assets of Participants
that revoke participation shall remain in the Trust to be distributed under the terms of the Plan as
outlined in the Employer's VantageCare Pal-IS Adoption Agreement.
Existing R.HS Participants shall not be allowed to revoke their participation in the Plan.
By adopting the elective participation option, the Employer acknowledges that the Internal R~evenue
Service has not ruled on an irrevocable election to participate in an integral part trust. ICMA-P~C has
obtained the advice of counsel that such an election is allowable under the conditions outlined in this
Adoption Agreement. The Employer should discuss this issue with appropriate counsel.
If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health
Savings Plan, is in whole or part, a non-collectively bargained, self-insured plan, the nondiscrimination
requirements of Internal l~evenue Code (Il~C) Section 105(h) will apply. These rules may impose taxa-
tion on the benefits received by highly compensated Employees if the Plan discriminates in favor of
highly compensated Employees in terms of eligibility or benefits. The Employer should discuss these
rules with appropriate counsel.
VI. Contribution Sources and Amounts
Use sections A and/or B to define your contribution formula(s) for your R. HS plan. Section C defines
your overall plan contribution maximum (if any). Check the boxes that apply, and complete your fund-
ing formula(s).
A. Mandatory Contributions
~ 1. Direct Employer Contributions: The Employer shall contribute on behalf of each Participant
% of earnings or $. for the PlanYear.
Definition of earnings:
8
Plan Number: 8 0 0 2 0
~ 2. Mandatory Leave Contributions: The Employer will m~ke mandatory contributions of leave
as follows:
Accrued Sick Leave*
AccruedVacation*
Other (describe)*
Yes ~ No
Yes ~ No
Yes ~] No
* Please provide the formula for determining the accrued leave contribution:
An Employee shall not have the right to discontinue or vary the rate of mandatory leave contribu-
tions.
3. Mandatory Employee Compensation Contributions: The Employer will make mandatory
contributions of Employee compensation as follows:
[~J Keduction in Salary - % of earnings (as defined inVI.A.1.) or $
be contributed for the PlanYear.
Decreased Merit or Pay Plan Adjustment - All or a portion of the Employees' annual merit or
pay plan adjustment will be contributed as follows:
An Employee shall not have the right to discontinue or vary the rate of mandatory contributions of
Employee compensation.
]~lective Contributions: If you wish to provide for elective contributions, complete sections 1
and/or 2 as appropriate.
The Employer will permit each Employee to make the following elections to make pre-tax contri-
butions to the Plan: .
a. Irrevocable ~ection for Pre-Tax Contributions from Compensation: A one-time, irrevocable
election of the amount of Employer contributions of compensation made on his or her behalf.
])lan Number: 80 0 2 0 7
The Employer limits the amount elected to either a fixed percentage or a range of percentages of
an Employee's earnings (as shown below):
% of earnings (as defined inVI.A.1.) or up to
defined inVI.A. 1.) for the PlanYear.
,% o£ earnings (as
Newly eligible Employees shall be provided an election window of days (no more
than 60 calendar days) from the date of eligibility during which they may make the election to
contribute. Contributions may begin no earlier than the calendar month following the end of
the election window.
If the Employee does not make the election in the year of initial eligibility, the election to con-
tribute may be made in a later year. An annual election window of days (no more
than 60 calendar days) shall be provided during which the election may be made. The election
window shall run from to (insert your annual time fim~ne for the
election window). Contributions may begin no earlier than the calendar year following the year
of the election.
Once made, the election is irrevocable and may not be revoked.
b. Irrevocable Election for Pre-Tax Contributions of Accrued Leave: A one-time, irrevocable
election of the amount of Employer contributions of accrued
sick ~ vacation ~ other
her behalf.
(describe) leave made on his or
The Employer limits the amount elected as shown below:
MAXIMUM LIMITS AS SET FORTH IN SICK LEAVE AND VACATION LEAVE POLICIES OR UNION
AGREEMENTS. ALL CONTRIBUTIONS ARE 100% VESTED.
Newly eligible Employees shall be provided an election window of 60 days (no more
than 60 calendar days) from the date of eligibility during which they may make the election to
contribute. Contributions may begin no earlier than the calendar month following the end of
the election window.
If the Employee does not make the election in the year of initial eligibility, the election to con-
tribute may be made in a later year. An annual election window of 60 days (no more
than 60 calendar days) shall be provided during which the election may be made. The election
window shall run from NOV. 1 to DEC. 31 (insert your annual time flame for the
election window). Contributions may begin no earlier than the calendar year following the year
of the election.
Once made, the election is irrevocable and may not be revoked.
10
Plan Number: 8,0 0 ~ 0 7
c. Annual Prospective Election for Pre-Tax Contributions of Leave:An annual, irrevocable elec-
tion to have his or her ~ sick ~ vacation ~ other (describe)
leave to be accrued in the next calendar year, contributed to the Plan on his or her behalf.
Contributions of future leave accruals will be remitted to the Plan
~ as earned ~ at the end of the calendar year
The election to contribute must be made in the calendar year before the year in which contributions
are to begin. Once made, the election shall apply to succeeding calendar years unless otherwise
revised or revoked by the Employee on an annual basis.
An annual election window of days (no more than 60 calendar days) is provided
during which eligible Employees may make the election to contribute. The election window shall
run from to of the year prior to the year contributions of leave will
begin (insert your annual time frame for the election window).
The Employer limits the amount elected as shown below:
In adopting section a, b, and/or c, the Employer acknowledges that the Internal R.evenue Service has
not ruled on irrevocable election contributions in an integral part trust. ICMA-t~C has obtained
the advice of counsel that such contributions are allowable under the conditions outlined in this
Adoption Agreement. The Employer should discuss this issue with appropriate counsel.
2. Voluntary After-Tax Contributions: Each Employee may contribute up to % of
earnings (as defined inVI.A.1.) or $. for the PlanYear on a voluntary after-tax basis.
In no event may aggregate Employee voluntary after-tax contributions exceed 25% of total contri-
butions in any PlanYear.
An Employee shall have the right to discontinue or vary the rate of voluntary after-tax contributions
of Employee earnings.
In adopting this section, the Employer acknowledges that the Internal R. evenue Service has declined
to rule on Employee after-tax contributions in an integral part trust. ICMA-R~C has obtained the
advice of counsel that such contributions are allowable in an insubstantial amount (i.e. no more than
25% of total contributions in any Plan Year). The Employer should discuss this issue with appropriate
counsel.
Limits on Contributions: Use this section to define your overall maximum contributions for all
contribution types you selected. (Limits on individual contribution types are defined within the
appropriate sections above.)
Plan Number: 8OO 2 0 7
The total contribution on behalf of each Participant (including both Mandatory and Elective
Contributions) for each PlanYear shall not exceed the following limit(s):
% of earnings (as defined inVI.A.1.).
~l There is no Plan-defined limit on the percentage or dollar mount of earnings that may be
contributed. /O~X~ LIMITS ARE SET FORTH IN SICK LEAVE AND VACATION LEAVE POLICIES
OR UNION AGREEMENTS. ALL CONTRIBUTIONS ARE 100% VESTED.
Part H: Revision of Existing Distribution Features
You must complete Part II to incorporate the HRA-required changes into your existing RHS Plan. These changes
will be qffective immediately. Affected provisions include:
Long-term care expenses are no longer a qualifying medical expense (see X.)
Death benqflts (see XI. and VIII.)
Severance provision (see XII.)
De minimis provision (see XIII. G.)
VIII. Forfeiture Provisions: Complete SectionVIII. if 1) you did not select a forfeiture provision for
your existing plan (e.g. because vesting does not apply to your plan) or 2) you wish to change your
existing forfeiture selection.
Upon separation from the service with the Employer, or upon reversion to the Trust of a Participant's
account assets remaining upon the Participant's death (as outlined in Section XI.), a Participant's funds
shall:
P, emain in the Trust to be reallocated among all Plan Participants as Direct Employer
Contributions for the next and succeeding contribution cycles(s).
P~emain in the Trust to be reallocated on an equal dollar basis among all Plan
Participants.
Remain in the Trust to be reallocated among all Plan Participants based upon Participant
account balances.
Revert to the Employer.
In the case of separation from service, the Participant's non-vested funds shall be applied as shown above.
In the case of reversion due to the Participant's death, the remaining account assets shall be applied as
shown above.
X. Permissible Medical Benefit Payments
Long Term Care Benefits are not eligible for payment under the Plan.
Plan Number:80 0 2 0 7
XI. Death Benefit
In the event of a Participant's death, the following shall apply:
Account Transfer: The surviving spouse and/or surviving eligible dependents (as defined in Section
XIII.E) of the deceased Participant are immediately eligible to maintain the account and utilize it to
fund eligible medical benefits specified in Section X above.
Upon notification of a Participant's death, the Participant's account balance will be transferred into the
Vantagepoint Money Market Fund*. The account balance may be reallocated by the surviving spouse or
dependents.
* Please read the current prospectus carefully prior to investing. An investment in this
fund is neither insured nor guaranteed and there can be no assurance that the Fund will
be able to rnalntain a stable net asset value of $1.00 per share. Vantagepoint Mutual
Funds are distributed by ICMA-KC Services, LLC, a controlled aflqliate of ICMA
Retirement Corporation. Member NASD/SIPC.
If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the
account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all
eligible dependents, the balance will be available for medical benefits for the designated beneficiary of
the last dependent or spouse to die. Assets remaining upon the death of a designated beneficiary shall be
available for medical benefits of the beneficiary's designated beneficiary. If there is no living
beneficiary(les), the account will revert to the Plan to be applied as specified in SectionVIII.
There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the
Participant's spouse's or dependent's designated beneficiary(ies).
If there axe no living spouse or dependents at the time of death of the Participant, the account will be
available for medical benefits for the designated beneficiary(les) of the Participant. Assets remaining upon
the death of all designated beneficiaries shall be available for medical benefits of the beneficiary's benefi-
ciary. If there is no living beneficiary(les), the account will revert to the Plan to be applied as specified
in SectionVIII.
There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the
Participant's beneficiary(ies) or any beneficiary's beneficiary.
Xl/. Termination Prior to Benefit Eligibility
This section replaces the Severance Feature previously included in Section XlI.
In the case of a Participant's termination of employment in advance of retirement (as defined in Section
VII.C.) or prior to becoming eligible for medical benefits under the plan (as defined in Section IX.), the
13
Plan Number: 80 0 20 ._L
vested value of the Participant's account will be available for benefits:
[~[ Immediately upon termination of employment.
[~ As outlined in Section IX.
[~ At age
7~m.G. Upon termination of employment prior to a Participant becoming eligible for medical benefits
from a VantageCare Retirement Health Savings Plan account, Participant accounts that are considered de
minimis as specified below will be paid to the Participant.
[~l The de minimis account value shall be $5,000 or less.
[~ The de minimis account value shall be $ (insert dollar amount
between $0 and $5,000) or less.
[~ The Plan shall not allow de minimis account distributions.
Attest:
Accepted: Vantagepoint Transfer Agents, LLC
Corporate Treasurer
14
I
Exhibit 2
0
o ~o
'g ... o
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~(~
AGENDA ITEM # ,o~_~.a - REGULAR MEETING OF APRIL 1, 2003
RESOLUTION NO. 18-03
MARCH 28, 2003
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from nine (9) properties within the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 18-03.
Agmemo.AV.Res No 18-03
RESOLUTION NO. 18-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ABSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
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 DUB 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.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 of the Code
of Ordinances, and did furnish the respective owner(s) of the land(s) described in
the attached list with written notice of public nuisance pursuant to Sections 90.02
and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances,
or if the property owner(s) did request and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the
Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did remove said junked and/or abandoned vehicles owned by persons described in the
list attached and made a part hereof and incurred costs in abating the subject
nuisance(s); and,
W~IEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property' owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances a copy of which is attached hereto and made a part
hereof, are hereby levied against the parcel(s) of land described in said report and
in the amount(s) indicated thereon. Said assessments so levied shall, if not paid
within thirty (30) days after mailing of the notice described in Section 3, become a
lien upon the respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that
the City Commission of the City of Delray Beach on the
has levied an assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within thirty (30)
days after the mailing date of said notice of assessment, after which a lien shall be
placed on said property, and interest will accrue at the rate of 8% per annum, plus
reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein and shall become due
and payable thirty (30) days after the mailing date of the notice of said
assessment(s), after which a lien shall be placed on said property(s), and interest
shall accrue at the rate of eight (8) percent per annum plus, if collection
proceedings are necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been received by the
City Clerk within thirty (30) days after the mailing date of the notice of
assessment, the City Clerk is hereby directed to record a certified copy of this
resolution in the public records of Palm Beach County, Florida, and upon the date and
time of recording of the certified copy of this resolution a lien shall become
effective on the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable attorney's fee.
Res. No. 18-03
Section 6. That at the time the City Clerk sends the certified copy of
this resolution for recording, a notice of lien, in the form of prescribed in Section
90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
, 2003.
day of
ATTEST:
MAYOR
Ci=y Clerk
Res. No. 18-03
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
GOLF PARK LOT 9 (LESS S 16 FT OF
W 45 FT & S 14 FT OF E 71.54) BLOCK 1,
PB 26, P 141, PUBLIC RECORDS OF WOODBROOKE CONDO
PALM BEACH COUNTY, FL ASSOC.IATION, INC.
(900 BLK SW 20TH COURT) c/o GREGORY VARNER, FRM DIR
12 43 46 19 01 001 0091 ROUTE 3, BOX 395
CUST ID # 5427 BONIFAY, FL 32464 $ 35.00
GOLF PARK, LOT 9 (LESS S 16 FT OF
W 45 FT & S 14 FT OF E 71.54) BLOCK 1,
PB 26, P 141,PUBLIC RECORDS OF PALM WOODBROOKE CONDO
BEACH COUNTY, FL ASSOCIATION, INC.
(900 BLK SW 20TH COURT) c/o GREGORY VARNER, FRM DIR
12 43 46 19 01 001 0091 ROUTE 3, BOX 395
CUST ID # 5427 BONIFAY, FL 32454 $ 35.00
ATLANTIC PARK GARDENS, DELI=AY,
LOT 13, BLOCK 2, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(17 SW 13TH AVENUE) DAISY M RAY
12 43 46 17 18 002 0130 P.O. BOX 74
CUST ID # 74 LENOX, GA 31637-0130 $ 35.00
TOWN OF DELRAY, E 131.3 FT OF S 50 FT
OF N 250 FT OF N 1/2 OF BLOCK 16, PB 1,
P 3,PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(318 SW 6TH AVENUE) OTIS WILLIAMS
12 43 46 16 01 016 0130 318 SW 6TH AVENUE
CUST ID # 459 DELRAY BEACH, FL 33444 $ 35.00
ROSEMONT PARK DELRAY, LOT 20, BLOCK 3,
PB 13, P 6, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(618 SW 5TH AVENUE) RUBY JONES
12 43 46 20 14 003 0200 618 SW 5TH AVENUE
CUST ID # 9394 DELRAY BEACH, FL 33444 $ 35.00
Res. No. 18-03
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
DELRAY MANOR ADDITION TO DELRAY,
E 20 FT OF LOT 65 & ALL OF LOT 66,
PB 12, P 59, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(501 SW 9TH COURT) SMITH CASTIN
12 43 46 20 12 000 0651 501 SW 9TH COURT
CUST ID # 9992 DELRAY BEACH, FL 33444 $ 35.00
DELRAY SHORES, LOT 1, BLOCK 11, PB 24,
P 233, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(660 UDELL LANE) DANIELLA HENRY
12 43 46 07 01 011 0010 3418 DIANE DRIVE
CUST ID # 9993 BOYNTON BEACH, FL 33435 $ 35.00
RAINBERRY LAKE PHASE IV-A REPLAT
LOT 22, PB 39, P 99, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(950 NW 22ND AVENUE) MERLE A. SEATON
12 43 46 07 12 000 0220 950 NW 22ND AVENUE
CUST ID # 9994 DELRAY BEACH, FL 33445 $ 35.00
MONROE SUB, LOT 20, BLOCK 12, PB 14,
P 67, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(606 NW 1ST STREET) JAMES YOUNG
12 43 46 17 01 012 0200 606 NW 1ST STREET
CUST ID # 9995 DELRAY BEACH, FL 33444 $ 35.00
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR
LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS;
DECLARED NUISANCE
Res. No. 18-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER/~
AGENDA ITEM # Ok~ - REGULAR MEETING OF APRIL 1, 2003
RESOLUTION NO. 19-03
MARCH 28, 2003
This is a resolution assessing costs for abatement action required to remove nuisances on eight (8)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 19-03.
AgmemoCE.Res No 19-03
RESOLUTION NO. 19-03
A R~SOLUTION OF THE CITY COMMISSION OF T~E CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF OP~DINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CHRTAIN LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING
THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENTs
SETTING OUT A~.-A'uAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCESs
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS S PROVIDING FOR THE RECORDING OF THIS R~SOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
A~SES~MENTS.
WHEREAS, the City N~nager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code o£ Ordinances descr£bing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a
written request for I hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct thai condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said propertys and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Hection 100.21 and 100.22
within the t~me lim/tl prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive · hearing, said
property owner(s) failed end/or neglected to abate such nuisance(s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s) s and,
W~I~EAS, the City of Delrey Beach, through the City A~mtnistration or such
agents or contractors hired by the City &~Inistration was therefore required to and
did enter upon the land(s) described in the list attached and made a part hereof and
incurred costs in abating the s~bJect nuisance(s) existing thereon as described in the
notices and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuent to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, sub~/tted to the
City Coww_4ssion a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involved~ and,
WHEREAS, the City Cmmmtssion of the City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s),
NOW, TI~REFORE, BE ZT P~SOLVED BY THE CZTY COMMISSZON OF THE CZTY OF DELRAY
BEACH, FLORZDA, AS FOLLOWer
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager o£ the City of Delray Beach, involving the City's cost o£
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the amount(s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said alsessmants are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed Co ~,,~ediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach on the has
levied an assessment against said property for the cost of abatement of said nuisance
by the City, and that said assessment is due and payable within thirty (30) days after
the ma£1ing dace of said notice of assessment, after which a lien shall he placed on
said property, and interest will accrue at the Fete o£ 8% per annum, plus reasonable
attorney's fees ~nd ocher costs of collecting said sums. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of said assessment(s),
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per ~-um plus, i£ collection proceedings are necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice o£ assessment, the
City Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest at the rate of 8%, and
oollection costs including a reasonable attorney,s fee.
Res. No. 19-03
AITD ~DOPTED in re~ul&r ~ess£on on this the
2003.
day o£
MAYOR
ATTEST:
City Clerk
3
Res. No. 19-03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TROPIC ISLE, LOT 52, PB 24, P 235, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL REMMERDEN BENSON
(TROPIC BLVD VACANT LOT W OF 941) BUILDERS, INC.
12 43 46 28 01 000 0520 4000 NO. FEDERAL HWY # 201
CUST ID # 9670 BOCA RATON, FL 33431 $ 55.00
$ 55.00 ADM FEE
OSCEOLA PARK, LOT 10, BLOCK 5, PB 3, P 62,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(309 SE 6TH STREET) JEANClUS KERClUS &
12 43 46 21 01 005 0100 LAMARRE I. KERClUS
CUST ID # 9881 309 SE 6TH STREET
DELRAY BEACH, FL 33483 $ 53.50
$ 55.00 ADMFEE
TOWN OF DELRAY, N 1/2 OF E 1/2 OF LOT 16,
BLOCK 30, PB 1, P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL J. FELIX DELANCY
(146 SW 4TH AVENUE) 470 DEKALB AVENUE
CUST ID 8293 BROOKLYN, NY 11205-4448 $ 55.00
$ 55.00 ADM FEE
SEC 1746-43, S 50 FT OF W 135 FT (LESS W 25 FT
RD R/W) OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(1119 NW 1ST STREET) ETHEL SCOTT ESTATE
12 43 46 17 42 006 0090 77 2ND STREET
CUST ID # 92 CANANDAIGUA, NY 14425 $ 80.50
$ 55.00 ADM FEE
SEC 17-46-43 S 50 FT OF N 150 FT OF E 135 FT OF
S 1/2 OF N 1/2 OF LOT 6/LESS E 25 FT STREET
R/O/W, PB 1, P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(114 NW 10TH AVENUE) C.A.M. DEVELOPMENTS
12 43 46 17 42 006 0010 11766 OSPREY POINT CIRCLE
CUST ID # 9577 LAKE WORTH, FL 33467 $ 100.50
$ 55.00 ADM FEE
I
4
Res. No. 19-03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
NICHOLS 2ND ADDITION TO DELRAY BEACH, MOLLIE K. BOWLES
LOT 14, PB 21, P 69, PUBLIC RECORDS OF STANLEY GOODMAN, ESQ.
PALM BEACH COUNTY, FL GUARDIAN
12 43 46 20 08 000 0140 909 EAST 8TH AVENUE
CUST ID # 5102 HIALEAH, FL 33010 $ 63.50
$ 55.00 ADM FEE
TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROBERT G. ALLEN &
(206 SW 2ND AVENUE) PATRICIA ALLEN
12 43 46 16 01 047 0030 206 SW 2ND AVENUE
CUST ID # 60 DELRAY BEACH, FL 33444 I $ 55.00
$ 55.00 ADM FEE
MONROE SUB, LOT 23, BLOCK 12, PB 14, P B 67
PUBLIC RECORDS OF PALM BEACH COUNTY, FL DOROTHY J. BUTLER &
(620 NW 1ST STREET) PAUL JONES, JR.
12 43 46 17 01 012 0230 1117 S.W. 8TH STREET
CUST ID # 65 DELRAY BEACH, FL 33444 $ 72.00
$ 55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
II I
Res. No. 19-03
TO:
THRU:
(~FROM:
SUBJECT:
D~~AR~MANAGER
PAUL DORLING, DIRE~OR OF PLANNING AND ZONING
WENDY SHAY, HISTORIC PRESERVATION PLANNER
MEETING OF APRIL 1, 2003 *** CONSENT AGENDA***
ACCEPTANCE OF A LANDSCAPE MAINTENANCE AGREEMENT FOR
310 NORTH SWINTON AVENUE.
During its meeting of October 2, 2002, the Historic Preservation Board reviewed and
approved a Certificate of Appropriateness and associated Class V Site Plan for the
conversion of a single family home to office. Attached to the project's approval was a
condition which stipulated that a landscape maintenance agreement be entered into
between the property owner, Wonderland Management, Inc., and the City of Delray Beach
to permit existing landscaping to encroach into the right-of-way (alley). The applicant has
submitted a fully executed landscape agreement as mandated by the Board's condition of
approval and is now before the City Commission for approval.
The City Attorney has reviewed the agreement for legal sufficiency and form and has
determined it to be acceptable.
By motion, accept the landscape maintenance agreement for 310 North Swinton Avenue.
Attachment:
~ Landscape Maintenance Agreement
L~ sc~ ~ ~- .~ in t~ !0ubIi~ right-of, way.
NOW, ~RE, for th~ mm~al cov~mm~ and matttrs s~ forth h.~d~, as of the
1. Th~ recitations s~t/orth above ar~ info. orated h-.rein.
2. OWNER h t1~ owner of property descried in Exluq~k
~ ~of~~.
4. O~ ~ ~ ~
$. OWNER, in co~i~m of the mutual cove,,,,~s set forth h~rein, aLa~'~ to
~tdend,/adems/fy, aaxi bol/banal~ fl~ CITY, ~ ai~mts, offr.~s, employees ami s=rvants
from ~ ami all ~-~,~, suits, ~s:tees of ~ or any e~im wka~so.~v~ made, and. damage,
which may result from ~ ~ or ~ of the LA~'I~Sa~P~NCr and
improv~atnls ~ thc pu~,ti,' r/g~mf-way. OWNER f'ur~er agrees w hold ~e C1TY, its
a~, oCuc~, employees and s'~'vams ~ fm any clamage co ih:
L~rc~Sa~p~NCr an:/ a~osa~ed ~.rovements OM~'NER places withi~ tt~
public rigid-of-way. It is ~ that -,,y cost for rep.~ or ~-:.mir of thc
and assodme/ improve:~ sha~ ~ ~e OWNER'S
CITY w/ll aot he hr~ liabl~ for any damagc to ~
L- ~ ~ z> $ ~ ~ ~ ~ ~ C- a.~ ~sso:/ated iznprov:rn~-~s as a t~stflt of az~ zaaint:~ o~
r.,Or~trgi:tiO~ w~tht~ t~e pllbli~ t/gJ:~-of-w~y by th~ C~.
2
6. All notice required or allowed by tiffs Agreem~ shsll be deliver~ in p~rson or
OWNI~
7. This Agzeemae~ ,~'~ be biz~i,~ on zlz Panics, their rcspectiv~ heirs, ~ssor~,
legal ~Fr~s~a, ud ~ a~i~ ad ii be recorded i~ the Publi~ ~R..~rds of Palm
shall ~ gov~-z~l by and consumed in a~wr~ wi~ thc laws
o/'~ $~a~ oI'Nlcritt~ Vemue far any claim or law~t aria/rig om oir ~ ~m~ ~ be in
I~ ~ ~t::, ~ parti~ lm'~ ~ve meted into this ~ the ,'~y
CITY OF D~I._P, AY BEACH, FLORIDA
By: _ By:.'..
Approv~ as m Nerm:
Cit~ Aiam~y
(Pr~ or Type
(SEAL)
(S~)
(typ= of i~~) u i~atlon a~d did/did
SENT BY: HP ~ERJET 3t50; 58t 330 7823;
MAR-t4-03 13:43; PAGE 2/2
-I
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MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER %
AGENDA ITEM #
FDOT GENERAL USE
- REGULAR MEETING OF APRIL 1, 2003
PERMIT & HOLD HARMLESS
DATE:
AGREEMENT/MAI.I.ORY SOUARE
MARCH 28, 2003
This is before the City Commission to authorize approval of a hold harmless agreement for work
performed within the state fight-of-way. Ironwood Properties, Inc. is the owner of the Mallory
Square Project, bounded by S.E. 5th Avenue, S.E. 6~h Avenue, S.E. 3~d Street, and S.E. 4'h Street.
The developer is requesting to install paver brick sidewalks within the state right-of-way. The Florida
Department of Transportation requires the City to sign the permit on behalf of the developer. The
proposed agreement provides that the developer will hold the City harmless for the general work to
be performed under the permit.
Recommend approval of the hold harmless agreement for work performed within the state fight-of-
way between the City and Ironwood Properties, Inc.
S:\C~ty Clerk\chevelle folder\agenda memos\Hold Harmless Agm~Ironwood 4.1.03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
U
M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden /,..~ /~
Randal L. Krejcarek, PE
25 Mar 2003
Hold Harmless Agreement for Pavers in Rights-of-Way
Mallory Square
Please find attached a hold harmless agreement to perform work within the state right-
of-way. Mallory Square is currently under construction in the block bounded by SE 3rd
Street, SE 5th Avenue, SE 4th Street and SE 6th Avenue. The developer is requestin~
that the concrete sidewalk be replace with paver bricks on all four streets. Since SE 5"'
Ave and SE 6th Avenue are within Florida Department of Transportation (FDOT) rights-
of-way, a FDOT General Use Permit is required. The FDOT requires the City to act as
the permit applicant. The attached agreement holds the City harmless for the work
performed under the required FDOT permit.
Attached is a location map.
If the attached agreement is acceptable, please place it on the 01 Apr 2003 meeting for
commission approval.
Enc
Cc
Brian Shutt, Assistant City Attorney
file
S ~EngAdmin~TACVt4allory Square,hold harmless agenda memo doc
ATLANTIC AVENUE
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LC'CATiON MAP ..-~-
MALLORY
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE PUBLIC RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT, is entered into this i~ day of
~ctcc~- , 200_~ by and between the CITY OF DELRAY BEACH, FLORIDA,
(hereinafter referred to as "CITY") and IRONWOOD PROPERTIES, INC. (hereinafter
referred to as "DEVELOPER").
WITNES SETH:
WHEREAS, DEVELOPER wishes to install/construct brick paver sidewalks in the
right-of-way of the State of Florida and the CITY; and
WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to
allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold harmless the State for the work
performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
defend the CITY and the State for the work performed in the public right-of-way by the
DEVELOPER, its contractor or agent.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. DEVELOPER wishes to construct a brick paver sidewalk in place of the existing
concrete sidewalk along the boundary of the Mallory Square Project, which is along the east side
of SE 5th Avenue from SE 3rd Street to SE 4th Street, along the west side of SE 6th Avenue from
SE 3rd Street to SE 4th Street, along the south side of SE 3rd Street from SE 5th Avenue to SE 6th
Avenue, and along the north side of SE 4th Street from SE 5th Avenue to SE 6th Avenue, and as
shown on Exhibit "A".
3. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt
of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and
the State, their agents, officers, employees and servants from any and all claims, suits, causes of
action or any claim whatsoever made, and damages, including, but not limited to reasonable
attorney's fees and costs at the trial and appellate levels, which may result from any activity
conducted by DEVELOPER, its contractors or agents in relation to the work performed in the
State and City right-of-way and as more particularly shown on the engineering plans submitted
for the development known as Mallory Square.
4. DEVELOPER warrants and guarantees to the CITY that all work on the brick
paver sidewalk shall be constructed in accordance with the applicable codes of the City of Delray
Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in
effect for one year from the date of final acceptance. Unremedied defects identified for
correction during the warranty/guarantee period but remaining after its expiration shall be
considered as part of the obligations of the guarantee and warranty. Defects in the installation or
construction of the brick paver sidewalk, which are remedied as a result of obligations of the
warranty/guarantee shall subject the remedied portion of the work to an extended
warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall
deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER
in the DEVELOPER'S faithful observance of the guarantee.
5. DEVELOPER, shall supervise and direct the installation and construction of the
brick paver sidewalk, applying such skills and expertise as may be necessary to perform the work
2
in accordance with the approved engineering plans.
for the means, methods, techniques, sequences
installation of the brick paver sidewalk.
DEVELOPER shall be solely responsible
and procedures of the construction and
6. In the event the brick paver sidewalk is disturbed and/or removed by the CITY or
the State, for any reason, the CITY and/or the State shall not be required to replace the sidewalk
with brick pavers, but shall only be required to replace the sidewalk with a regular concrete
sidewalk.
7. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
8. This Agreement constitutes the entire agreement and understanding of the parties,
as it pertains to the construction or installation of the brick paver sidewalk. There are no
representations or understandings of any kind not set forth herein. Any amendments to this
Agreement must be in writing and executed by both parties.
9. DEVELOPER or its contractor shall maintain worker's compensation insurance
in an amount required by law and general liability insurance in the amount of one million dollars
($1,000,000.00) governing bodily injury and property damage in standard form, insuring the
CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide
this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior
to commencing installation or construction.
10. DEVELOPER shall be bound by all the terms and conditions found in the
Florida Department of Transportation General Use Permit Agreement between the CITY and the
State for this project and attached hereto as Exhibit "B".
Clerk.
1 I. This agreement shall not be valid unless signed by the City's Mayor and City
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
., Mayor
WITNESSES
(Print or Type Name)
(Print or Type Name)
DEVELOPER:
(Ptfint or Type Nar~e)
Address: 277 ~
STATE OF FLORIDA
COUNTY OF PALM BEACH
~ The foregoing instrument was acknowledged before me this ]ht~, day of
of
officer
title
of
/4/{t~r&.. __., 200_3 by C_qr,7, ~o~l, (name or agent,
officer or agent) of ~[-r~,-~,d /Or~f~t,-'}lc~. _T,.,¢. (name of corporation
acknowledging), a Jcl or,ct~ (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 Florida
4
I~Eng\O557HAII ORY 5~LIARE~Site and EngkO557eng. dwg, SITE, 03/04/03 03:28:11 PM,
:(:t 750C Pbs C4709B.pc3, I:~.o~
,® ®[i'
_ __ ~ .~
~ SITE AND PAVING P~N ~ ~
X:\C~J
03/14/2003 i1:13 9547767508 PAGE 02/03
FLORIDA DEPART~4ENT OF TRANSPORTATION
DISTRICT FOUR
GENERAL USE PERMIT APPLICATION
DATE OF DEPARTMENT REC~FT: Jan. 2002 PERMIT ~R:02-A-~9~-0006-9~010
ROAD S~.CTIDN:__ STATE ROAD: 5 lOS I ) LIMIDED ACCESS: Y X N COUNTY: Palm Beach
APPLICANT: I.conwood Pro. parties / Car¥ Glick=tsmn PRONZ: 561-243-70~0
ADDRP-s$:27~ SE 3~ Ave. Del=ay Bacht FL 33489
Applicant requ=sts permission from the State of Florida Department of Transportation (hemelnafte~
called %h~ D~partment)to construct operate mmintazn the facil[ty shown in the
accompanying engineering ~s and desor--ib--e~7-~ere: --'
To instal'/ DrlCK pavers..~Hol£and S[~e, reo/cnarco&l color mxx z3 on =ne ~loew&£~ alon~'t~'~
Federal Hwy. (US-l).
[hereinafter referr~ to as the permitted work}.
FROM MP 1~.894 TO M9 ~.135 ; or FROM STATION TO STATION
Eeferen¢= associated State Projec~ Number:
under coDs~r~ction (date construction began: FeD. Z00~
The requested pez~it work Is: in tbs o~ty of Del=ay Beach
Applicant agrees =o the following =onditmons;
; dat~ completed:
date to be comDleted: DeC. ~003
; not in a city __
1. The applicant, with the applicant's engineer of record, shall supervise the permitted work.
The Paper=merit reserves the right to znspect the work, materials, or equipment at any time wmth
or without prmor notlfica~lo~.
~-. 7h~ applicant, shall sub?it docume9%a~ioD acknowledging the pending wDrk from all affected
maln=alnxng age~¢le~ prior =o approval of t~is permit. Maintazning agencies are those age~¢les
%hat, by a~reeme~, malntai~, some ~acilitiea in D~partment rxght~of~way. Maintaining
may place oblige=lone upon the app~lcant w~[ch the Department may ~ncl~de as permit conditions.
for traffic signals: ; -- for street lights:
for : for
3. The m~lioant certifies by s~gnature hereon that the location of all affected ut~lzt~es has
been ascertained and ~hat %he applicant is in compliance with all applicable Florida
The appllcan~ mailed letters of notification Of pending permit work an~ ~squesting Iooatzon to
the follow=hq municipalities an~ utility owners on the da%es
,19 ;
..... ,19 ; ,19
__.~19 ; ,19 ;
4: ~t is_espr~~ stipulate~ that. thi~ p~rmlt is a l~¢en$~ for permisslve use only. The
placing ol Iaull~u~es or lmprovem~n=s w~=hlD p~blio right-of-way, pursuant ~0 %his permit, does
~o% create or west any proper~y rights-
5- T~e D~partm~nt._mD~ ~etermine ~hat r~.moval.or adjustment of permitted features or improvements
is required ~0 Ia¢llitate necessary construction, maintenance, safety, or efficiency of the
highway. Remowal or adjustment will be Immediate or as otherwise directed by the Department and
shall be at the ~pens= of the applicant unles~ r~imburs~msnt zs authorized.
6. The applicant may be required to provide notio~ relating the plan ~O %he p~bllc in a manner
prescribed by the Department. The pe~l~ted work shall not ~nduly ~nterfere w~th the rights of
others, lncluding other p~rmlt hold,rs, w~tho~t appropriate agreements wl~h %hose others.
9. Th~ %ntegrity of all declarDtions (whethe~ expressed ~r lmp!ied} and of all deslDn drawings
~re~enne~ =o support th~s perm,= request is t~= responsibility of the applicant. Such
oec~ara~lons and drawings shall be a part of the
8. The mpplloant, h~irs, assigns, and successors in interest is bound and obligated to aa~e and
holO the State of Florida, =he Department, ~ts a~ents, and employees harmless from any and all
damages, claims, expsns~, or injuries arising ou£ of any act, neglect, or omission by the
applicant, heirs, assigns, and ~uccassors zn ln%~r=~t that may o¢¢~= by reason of th~s facility
design, construct=on, maintenance, or ¢ontznu~n9 existence cf the perm~ted work, except that khe
~p~a~_~ll ~ot be liable under this p~0vision for damages arising from the sole negligence
9. The applicant agrees to safely conduct the public :brough the permitted work area from the time
work begins tc the =~me of aCCeptance of certification of work. Full ¢omplian=a w~th the current
Department Roadway and Traffic Deszgn standards (600 Series), is a m~n~mum requirement. The Department
may require %ha applicant to =aka further measures,including the acquisition cf the s~rv=cea of
untfommed ~ff duty police off~ce~= to as$1$t in traffic safety.
10- The applicant shall provlde for a ~re-constructio~ conference with ~he Department project
engineem. The applicant shall prepare and present at the pre-const=~¢~cn conference a~ em~rgsnoy
restoration plan to ad~ress ~vsntuallties such as hurricanes. The applicant shall prcwlde a ~4-hour
telephone nur0ber by whlch the Depa=tme~ ma~ oon=act th~ person responalbl~ for an~ who has authority
- -- -- to be romp!&ted by the Department D-4 GU Nove~ber, 1994 (replaces
03/14/2003 ll:13 9547707608 PAGE 03/03
11. In the event the applicant fell~ to meet any of :he provisioDs cf thls permit, all work in pursuit
of the permit objective must cease and the applIcant muet immedia~ely resto~ affecte~ pub1%c property
to a =onditzon ss go~d as or b~tter tha~ before permit work began. The applicon= w~ll contl~u= to
i~demnify the Department as stated above until rastoratio~ l~ acce~ted by the Department.
12. The applicant is requ!re~ by FlorldB Statute to notify lo=al law enforcement agencies prior to
¢io~ing one Or more lanes of the state hzghway for perlod~ e~ceedln~ two hours.
13. Special ¢o~i%~ons for this per. it:
At t~e =~i,tic~ of ~he.~cnstr~.cti~n~ a~d ~rio~ t~ ~p~r~en~ ~c~p~anc~ o~ ~=ti~i~,
de=ed and Roedway an~ Traffic ~slgn Standards ~ated .
Ih) I~ in mcco~O wxth all Dla~, ~pec~al provisions, ~iio~e~, r~g=lB~Xons, and
~tandards p~rtalning ~o t~e per.tied work.
(=) I~ in acco~ ~th all applioabl~ local, county, S%a%~, a~ nmuioDal ordinances,
codes, and laws.
facility ~d ~atisfac~ory ~mpl~t/on o~ ~he pe~mit%e~ ~r~. ~ne ~par~m~n~ sna~i n~ acoep~
ce~lfi=ation prior %o th~ ap~licant'~ subm~siOn ~f t~ compl=t~ ~t~ cz as-~uil~ ~lans
The e~ln~sr of record i~: ~harat R- Shah, P.E. ~ T~lephone: (954) 776 - 7~04
Profesalonal Engineer Li=~n~e N~er:_1970~
~dress:_lS~5 S. Per.meter Rd. Suite 190 Ft. LateralS, ~ 3~309
17. The Department 9roJe¢~ ~ngineer o~ th~ local maintenance off~ce or the resident Construction
offl¢~ ~s; T~lephone: ( } -
Address: _ -
~8. Authorization for %he agent signing for the a~plicant (if other ~han the applic~nS) is indicated l~
a notor~zed let%er from the applicant dated The letter is mmd~ a part of ~his
application.
1~- The applicant under~tands =hat al~era~ton.~? thi~.~or?.(0%ne~ than f~ling ~u~ the blank a9ace$
provided in the November,1994 rewision) m~=~ =rile apD£1~a~lon an9 approv&£ lnva~l~, use of both front
add back i~ required w~th signature bl~ck~ below O~ the back of ~he for~s.
~ ~?~c~r o~ ~E ~p~ct~T'S ~ , _., ; ......
P~icen~ CZ ironW~ ~ropertles ~ ! SIGNl%T~RE:
TYPED OR PRINTED NAME AND TITL~ DAT~
RECOMMF~NDED FOR THE DEPARTMENT OF TPJ%NSPOK~ATION FOR APPRUVAL BY:
NAME: DATE: SIGNaTuRe:
APPROVED FOR TME D~PARTME,NT OF TRANSPORTATION BY:
TITL
SIGNATURE:
to be ¢on~!eted by the Department D-4 GU November, 1994
Date: 25 Mar 2003
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda __Special Agenda
When: 01 Apr 2003
Description of Agenda Item (who, what, where, how much):
Commission approval/authorization for Mayor to execute hold harmless agreement
with Ironwood Properties, Inc. (Mallory Square) for the installation of paver brick
sidewalk within the state right-of-way. Mallory Square is currently under
construction in the block bounded by SE 3rd Street, SE 5th Avenue, SE 4th Street and
SE 6th Avenue. This agreement is subject to review and approval by the City
Attorney.
Staff Recommendation: Approv~al
Department Head Signature:
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:
City Manager Review:
Approved for Agenda: ~/No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
S:\EngAdmin\TAC\Mallory Square\hold harmless agenda.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # '~C' . REGULAR MEETING OF APRIL 1, 2003
GRANT AWARDS FOR HOUSING REHABILITATION CONTRACT
MARCH 28, 2003
This is before the Commission to consider approval of the following housing rehabilitation
contracts:
· $23,835.00 to Craftsman Plus, Inc. for 19 S.W. 9* Street
· $13,728.75 to Preston Construction for 313 S.W. 8th Avenue
Funding for the total amount of $37,563.75 for these grants is available from 118-1963-554-49.19
(SHIP Housing Rehabilitation).
Recommend approval of the housing rehabilitation grant\contract awards as outlined above.
S:\Caty Clerk\chevelle folder\agenda memos\CDBG Housing Rehab Award 4.1 03
City of Delray Beach Community Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Kendra W. Graham, C.D. Administrator ~~
March 21, 2003
Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE CITY COMMISSION
Approval is requested for two (2) Housing Rehabilitation grant awards to the lowest responsive
bidders. 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, as determined by the low
responsive bidder, 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 goal of completing each rehabilitation activity utilizing the estimated
amount of funding required.
RECOMMENDATION
Staff recommends awarding the b~d for two (2) Housing Rehabilitation projects to the verified
responsible low bidders and authorize awards in the following amounts:
Case Number
02-033 HR
00-057 HR
Address
19 SW 9th Street
313 SW 8th Ave.
Contractor
Craftsman Plus, Inc.
Preston Construction
Grant Amount
$23,835.00
$13,728.75
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2003-20
APPLICANT: Constance White
PROJECT ADDRESS: 19 SW 9tl~ Street
DATE OF BID LETTERS: February 27~ 2003
DATE OF BID OPENING: March 13~ 2003
NAME OF CONTRACTORS
ABISSET CORPORATION
CRAFTSMAN PLUS, INC.
DANIEL MORGAN
HENRY L. HAYWOOD
PRESTON CONSTRUCTION
SOUTH FLORIDA CONSTRUCTION
HORIZON ROOFING
PETITO ROOFING
WRIGHTS WAY ROOFING
AMOUNT OF BIDS
$ 22~700.00
$ 24~215.00
$ 25~300.00
$ 27~220.00
$
IN-HOUSE ESTIMATE $ 21~685.42
CONTRACTOR AWARDED CONTRACT: Craftsman Plus~ Inc.
BID/CONTRACT AMOUNT: $ 22~700.00 + 1~135.00 (5% Contingency) = 23,835.00
FUNDING SOURCE: Community Development Block Grant (CDBG) Program
Account No. 118-1963-554-49.19
COMMENTS: Item #8 (to install vinyl tile) was removed from bid to meet funding goals.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2003-20
APPLICANT: Bertha WhiRham
PROJECT ADDRESS: 313 SW 8~ Avenue
DATE OF BID LETTERS: February 27~ 2003
DATE OF BID OPENING: March 13~ 2003
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
DANIEL MORGAN
HATCHER CONSTRUCTION
HENRY L. HAYWOOD
PRESTON CONSTRUCTION
SOUTH FLORIDA CONSTRUCTION
HORIZON ROOFING
PETITO ROOFING
WRIGHTS WAY ROOFING
AMOUNT OF BIDS
$ 14~150,00
$
$ 13~075.00
IN-HOUSE ESTIMATE $ 12~658.60
CONTRACTOR AWARDED CONTRACT: Preston Construction
BID/CONTRACT AMOUNT: $13~075.00 + 653.75 (5% Contin~,encv) = !3~728.75
FUNDING SOURCE: Community Development BIockGrant (CDBG) Program
Account No. 118-1963-554-49.19
COMMENTS:
AGENDA REQUEST
Request to be placed on:
Regular Agenda
__ Special Agenda
Workshop Agenda
Consent Agenda
Date:
When:
March 21, 2003
April 1, 2003
Description of item (who, what, where, how much):
Case Number Address
Contractor
Grant Amount
02-033 CDBG HR
00-057 CDBG HR
19 SW 9th Street
313 SW 8th Ave.
Craftsman Plus, Inc.
Preston Construction
$23,835.00
$13,728.75
ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of two (2) Communi_ty Development Block
Grant (CDBG) Housing Rehabilitation Grants and Contract awards from Account 118-
1963-554-49.19 in the total amount of $37,563.75. Grant amounts includes a 5%
contingency.
Department Head Signature: · '
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds): Funding available: (~O4~ $1z'5}~
Funding Alternatives:"-'"
(if ar~vlicable)
Account No. & Description: \\~ - \q~-~- qq, Iff X~x~c,~
Account Balance: ~ ~0 t\\~.DB
City Manager Review: ~O~
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
DELRAY BEACH
AII-AnedcaCity
1993
2001 FROM:
100 N W. lstAVENUE
M 2dORANDUM
David T. Harden, City Manager
lobertA. Barcinski, Assistant City Manager
DATE: March 25, 2003
DELRAY BEACH, FLORIDA 33444 561/243-7000
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
APRIL 1, 2003 APPROVAL SPECIAL EVENT
EASTER SUNRISE SERVICE
ACTION
City Commission is requested to endorse the Easter Sunrise Service to be held on April
20, 2003, to grant a temporary use permit for the closure of South Ocean Boulevard from
Atlantic Avenue to Miramar from 6:15 a.m. to 7:30 a.m., grant the use of the pavilion,
and authorize staff support for traffic control, barricading, and EMS assistance.
BACK~iROUND
Attached is a request received from Reverend Richard Evans on behalf of the Delray
Beach Clergy Association to endorse the Easter Sunrise Service, to authorize the use of
the beach pavilion and closure of South Ocean Boulevard, and to provide staff support as
listed.
No staff overtime costs will be incurred. Police and EMS assistance will be provided
with on-duty personnel. Police officers with the assistance of volunteers will put up and
take down the barricades. This is not a new event.
Rt~COMMF. NDATION
Staff recommends approval of the event, the temporary use permit for the street closure,
use of the pavilion, and provide staff support as requested.
RAB/tas
CC:
Lt. Geoff Williams
Asst. Chief John Tomaszewski
Harold Bellinger
Rich Olson
File u sweeney/events
Easter Sunrise Service Special Event 2003
Pnntod on Recycled Pap,*r
THE EFFORT ALWAYS MATTERS
Our Purpose: We are an ecumenical associalion of clergy and ministry professionals, inclusive of all churches and synagogues,
insl~tulional ministries, and other worship centers tn the Greater Delray Beach area, banded together in goodmll and fellowship,
united in servtce for the betterment of the cotnmumty.
of~eers
($61) 657-4455
Reverend Richard Evans, Chaplain,
/$eeretary/~reasurer
Advlaory Committee
Fat~er Donald Munro,
President Emeritus
(~61) 276-6892
Reverend James Atckison,
President Emeritus
(561) 276-6347
Reverend Fred Basil,
President Emeritus
(.$61) 26~-1960
TO:
Mr. Robert A. Barcinski, Assistant City Manager
City of Delray Beach
100 N.W. 1't Avenue
Delray Beach, FL 32~.~.~.
FROM:
Delray Beach Clergy Association
AGENDA ITEM - CITY COMMISSION APPROVAL
SPECIAL EVENT REQUEST: SUNRISE EASTER SERVICE
Dear Mr. Batcinski:
21 Match 2003
City Commission is requested to endorse the annual ecumenical Easter Sunrise Service
event scheduled from 6:30-7:10 A.M. on Sunday April 20, 2003, and to grant a temporary
use permit per LDR'S section 2.4.6(5-1) for use of City property and right of way.
As in years past, we plan to use the beach-side Pavilion at the southeast corner of the
intersection of A1A and East Atlantic Avenue. Mr. Joe Weldon from Parks & Recs. has
been contacted re: pavilion usage, as well as Mr. John Tomaszewski re: EMS coverage.
We request street closure on AIA from East Atlantic Avenue to Miramar. Closure will be
from 6:15 a.m. to 7:15 a.m.
We also request that the City provide staff support for barricade setup and police
security for traffic control. We furthermore request that any fees for such staff support
be waived, inasmuch as this is a not-for-profit ecumenical event for which all proceeds
collected go to support: (1) the Clergy Association's Food & Gas Voucher Program,
which is administrated by the Front Desk of the Delray Beach Police Department
through our local churches and synagogues, and (2) the Community Food Pantry.
Your cons. j4e~tion and partnership is very much appreciated.
SincerelY./"~,/' __ ,/')/'~ I
.
President, Delray Beach Clergy Association
[lTV OF DELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line 561/243-7091
1993
MEMORANDUM
DATE:
March 26, 2003
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Stone Station Developer's Agreement
This agenda item concerns a developer's agreement between the City and the
developer of Stone Station. This development is proposed to be located adjacent
to Auburn Avenue and just north of S.W. 8th Street. The developer shall contribute
one half of the cost of construction of the extension of S.W. 7th Street.
The essential terms of the agreement are as follows:
The Developer shall contribute to the City the amount of $19,662.50 within
10 days of the execution of this Agreement.
The City shall construct the portion of S.W. 7th Street as shown on Exhibit
"A", attached to the Agreement.
By copy of this memo to the City Manager, our office requests that this item be
placed on the April 1, 2003 City Commission agenda. Please call if you have any
questions.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
II II
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
I I
TO: Brian Shutt, Assistant City Attorney
Randal L. Krejcarek, P.E., City Engineer pt:~6~
FROM:
DATE:
SUBJECT:
18 Mar 2003
Stone Station (AKA Cobra Construction)
Please find enclosed two original executed developer's agreements for Stone Station.
This agreement is for the developer's contribution for the construction of one-half of SW
7th Street.
If this meets with your approval, please have the developer's agreement executed by
the City.
Thanks
RECEIVED
Enc MAR 2 0 2003
Cc Richard C. Hasko, P.E.
Maureen Owens
file CITY A'I-rORNEY
$:tEngAdmintTAC~Stone Station Warehouse~leveloper's agmt transmittal, doc
DEVELOPER'S AGREEMENT
TinS AC REEMENT entered into this /5 day of , : 005 by
between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter
referred to as CITY) and R&J LAND PROPERTIES, INC., (hereinafter referred to as
DEVELOPER), provides as follows:
WHEREAS, a project called Stone Stations is being developed along S.W. 7~ Street, as
shown on Exhibit "A", in the CITY; and
WHEREAS, the DEVELOPER is required to construct one-half of the paved road for
the Development (See Exhibit "A"); and
WHEREAS, the CITY shall construct the road, with the DEVELOPER paying for one-
half of the construction costs.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the DEVELOPER and CITY hereby agree as follows:
I. INCORPORATION OF RECITALS. The above-stated recitals are
incorporated as if fully set forth herein.
2. COSTS PP, m BY DEVELOPER. The DEVELOPER shall pay to CITY one-
half of the cost of the construction of the road, as shown on Exhibit "A", in an amount of
nineteen thousand six hundred sixty-two dollars and 50/100 (US$19,662.50). This amount shall
be paid to the CITY within 10 days of the execution of this Agreement.
3. PERMITS REQUIRED. Nothing in this Agreement relieves DEVELOPER of
any obligation imposed under the CITY'S Land Development Regulations or Code of
Ordinances or any other rules or regulations of a governmental entity. DEVELOPER is
responsible for obtaining any and all permits required in connection with the development of the
Stone Stations project.
4. GOVERNING LAW$~ VENUE. Any claims, lawsuits or disputes that may
arise under this Agreement shah be governed by the Laws of Florida, with venue in Palm Beach
County, Florida.
5. INTEGRATION~ AMENDMENTS. This Agreement constitutes the entire
agreement and understanding of the parties. There are no representations or understandings of
any kind not set forth herein. Any amendments to this Agreement must be in writing and
executed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year fa'st above written.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
WITNESSES:
CITY OF DELRAY BEACH
By:
. , Mayor
R&J LAND p~E~RTIES, INC.
~, ' , P~sidem
(Name Printed or Typed)
stA o f/ae
COtmtV o "-# lhX
L_~__.~220e foregoing~insmament was a~knowledged l:~'ore me this 12 day of
(rt~ae of officer or agem, title of officer or agent), of R&J LAND PROPERTIES, INC., a
-~ Icg ~ 0 ~ (state or place of incorporation) corporation, on behalf of the corporation.
He/She is~ known to me or has produced
identification ~)-'~Tdentification.
Sign~t~e ~f Nota~ Public
(type of
//XO'~'O~' ~. *~ ~'" , ~'"
ROYAL PO
' NT ........
LI ON BOULEVARD
2003
SUBJECT: MEETING OF APRIIMr, *CONSENT AGENDA
APPROVAL OF THE FIRST AMENDMENT TO THE PALM BEACH COUNTY
INTERLOCAL AGREEMENT WITH MUNICIPALITIES OF PALM BEACH
COUNTY AND THE SCHOOL DISTRICT OF PALM BEACH COUNTY
Attached are proposed revisions to the Interlocal Agreement originally executed by the School
Board and 26 municipalities. These revisions are summarized in the attachments and are
minor in nature. The revisions modify when reports are due by the School District, allows
adopted Level Of Service to exceed 120% for individual schools if the replacement school is
under contract for construction, and removes the requirement for municipalities to amend their
comprehensive plan to include the School District's Five-Year Capital Facilities Plan. The Plan
can be kept on file as part of the data and analysis support documents.
The changes were considered by the School Board at their meeting of February 17, 2003 and
were unanimously approved.
The City Attorney has reviewed the amendment and found it to be acceptable as to legal
sufficiency and form.
By motion, approve the first amendment to the Palm Beach County Interlocal Agreement with
municipalities of Palm Beach County and the School District of Palm Beach County.
Attachments:
· SummaPj of Proposed Changes
· Full Interlocal Agreement
· First Amendment (amended pages only)
S \Planning & Zonlng\Boards\C~ty Comrr, ss~on/School D~stnct Intedocal Agrement on School Concurrency
SUMMARY OF PROPOSED CHANGES TO THE INTERLOCAL AGREEMENT
Change in Statute numbering from Chapter 235 to Chapter 1013
Addition of a definition for "First FTE Student Count", ILA Page6
Modification of language addressing the requirement for the municipalities
to annually amend their Comprehensive Plans to adopt the School
District's Six Year Capital Improvement Schedule,/LA Pages 11, 19
Change the transmittal of the draft Five-Year Plan from May 31 to July 1,
to allow coordination with state projections and tax roll data, ILA Page 17
Allow for any party to the Intedocal Agreement to request an amendment
to the School District's Five Year Capital Plan due to local government
concerns which will not affect the level of service, ILA Pages 18, 19
Allow for a school's LOS to exceed the maximum utilization for a period
not to exceed 2 years if a reliever school is planned and is under contract,
ILA Page 25
Allow for a concurrency determination extension for 2 consecutive six
month periods, providing the School District receives documentation that
the application is progressing in good faith through the local government's
process,/LA page 35
Combine the Management and Enrollment Reports into 1 annual report to
streamline annual reports prepared by the Superintendent, and change
the submittal date from July Ist to November Ist, ILA Page 41, 42
Combine the Program Evaluation and Monitoring Reports into I annual
report to streamline annual reports prepared by TAG, and change the date
from August 1st 2002 to December 1st of each year, ILA Page 42
Establish November Ist of each year as the date to reflect updates to the
enrollment projections in the process to determine school utilization, /LA
Page 29
S ~Planning~Public~NTERGOV~Concurrency~Informafion~lLAchanges doc
RECOMMENDED CHANGES TO THE ADOPTED INTERLOCAL AGREEMENT
After one year of working with the Interlocal Agreement and five months of implementation
of school concurrency we have identified amendments to the Agreement to make it more
realistic in implementation. The following is a list of suggested changes:
Article I. Definitions Page 6
First FTE Student Count - A first semester count of all '~full time equivalent" students.
The date of the first FTE count is determined by the Florida Department of Education each
school year, pursuant to Chapter 236.081, Florida Statutes.
Article ll.B. Required Concurrency Elements Page 12
3. Incorporate "The SCHOOL DISTRICT of Palm Beach County Six Year Capital
Improvement Schedule" which is in the SCHOOL DISTRICT'S Five-Year Capital Facilities
Plan into its adopted Capital Improvement Element,~,~"'~,~~.~.v' '"'~"*" *~"~+., ,.~ . ~,~"~'"'~', ....,~" ..... v~, ,~,~.~,~"+"'"+,.
with-the and keep on file the updated and adopted SCHOOL DISTRICT'S Five-Year
Capital Facilities Plan in order to set forth a financially feasible public school capital
facilities plan, consistent with the adopted Level of Service Standards for public schools.
Article III. C Transmittal Page 17
The SCHOOL DISTRICT shall transmit copies of the proposed School District Five
Year Capital Facilities Plan along with data and analysis necessary to demonstrate the
financial and feasibility of the Program to the Technical Advisory Group (TAG), the
MUNICIPALITIES and County on or before May 3! July 1 of each year. commencing after
the effective date of this AGREEMENT.
Article III.F. Material Amendment to the School District's Five-Year Capital Facilities
Plan Page 18
(b) That the modification, delay or deletion of a project is
occasioned by unanticipated change in population projections or growth patterns or is
required in order to provide needed capacity in a location that has a current greater need
than the originally planned location and does not cause the adopted LOS to be exceeded
in the CSA from which the originally planned project is modified, delayed or deleted; or
(c) At the request of one of the parties to this agreement, the
project schedule or scope has been modified to address local government concerns, and
the modification does not cause the adopted LOS to be exceeded in the CSA from which
the oriqinally planned project is modified, delayed or deleted.
Article III.G. Amend Comprehensive Plan Page 19
Once the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan, the annual update, or
any material amendment has been adopted by the SCHOOL BOARD, the COUNTY cnd
,MUN!C!P.*.L!T!ES shall amend "The SCHOOL DISTRICT of Palm Beach County Six Year
Capital Improvement Schedule" of the Capital Improvement Element of their it_As
Comprehensive Plans to include the changes in their next round of amendments. The
COUNTY shall transmit the adopted copies of these amendments to all siqnatories of this
aqreement within thirty (30) days of adoption. The MUNICIPALITIES in turn, shall follow
procedures consistent with Rule 9J-5, Florida Administrative Code, to adopt the School
District of Palm Beach County Six Year Capital Improvement Schedule.
C \Documents and Settmgs~dorhngp\Local Settings\Temporary lntemet Ffles\OLK76~ROGRAM EVALUATION
Rev 102302.doc Page
Article V. C. Level of Service Page 25
5. Upon determination by TAG, if a school is planned and under
contract which will relieve capacity of an existinq school, the school shall be allowed to
exceed the 120% maximum utilization for a period not to exceed 2 years. The former is
intended to prevent the movement of students more than once.
,56. Any PARTY to this AGREEMENT may propose to the TAG a
modification of the adopted LOS standard at any time. Following a review and
recommendation by TAG and concurrence by at least 51% of the LOCAL
GOVERNMENTS to this AGREEMENT and the SCHOOL BOARD, the adopted LOS will
be modified by addendum to this AGREEMENT, and each LOCAL GOVERNMENT shall
amend its comprehensive plan to reflect this new LOS in the next round of amendments.
Article V.F.3. School District Review of New Residential Proposals Page 29
3. Determine Utilization - Analysis of Enrollment to Capacity for Five years:
The SCHOOL DISTRICT shall create a Development Review Table (DRT) (shown below)
for each CSA, and will use the DRT to compare the projected students from proposed
residential developments to the CSA's planned growth, enrollment, capacity and utilization
(LOS) over the Five-year period. The Development Review Table produces a calculation
of the Level of Service for each school type in each CSA. Enrollment.projections shall be
based on the most recently adopted five year capital plan and the DRT shall be updated
to reflect these prolecbons by November 1st of each year.
The Figures in the Development Review Table are explained below.
Article V.G. Term of School Concurrency Page 35
A Letter of Determination for School Concurrency, issued by the School District, shall be
valid for one year from the date of issuance. A determination may be extended for two
consecutive s~x month periods providinq the School District receives documentation that
the application is proqressm.q in .qood faith throuqh the local .qovemment's review process.
Once the Local Government Specific Development Order is issued, the concurrency
determination shall run with the Development Order.
Article V.H. Suspension of School Concurrency Page 36
e) If concurrency is suspended in one-third or more of the
CSA's pursuant to GH.2. of this Section below.
(b) Tl~ t~ ~',1-1~'~1 I~ I ~'r'c~ I ~'~1' M~,,~- ,-,Of
..... ,~ +~,~ o,~,,,,,,~,~ ~ .... ~ ,,~ q,~,,,;,.,~ n ~q~. An annual 1sf FTE count shows that an
individual school exceeds the adopted LOS, and the SCHOOL DISTRICT has not
maximized utilization and achieved the adopted LOS by the subsequent 1st FTE student
count; or
Article V.J. Management and Enrollment Reports Page 40
By~,zh'~" ,~, November 1st of each year the School Superintendent shall submit an annual
management report to the School Board and TAG detailing the status of the School
C.\Documents and Setl~ngs~dorhngp\Lozal Sett~ngs~Temporary ]nternet FiIes\OLK76X, PROGRAM EVALUATION
Rev 102302 doc Page
District's implementation of its adopted Five-Year Capital Facilities Plan... This report
shall also contain the first FTE enrollment count of all schools of each type in each CSA
and each individual school.
(Delete Article V.K see above) Enrollment Reports Page 41
,,~,.~, ;,..41,,;,4, ,.-,~ ,-,-h,*,,-,~ h,, Fcbrua,'7 ~ ~+~' Merged into Article V.J.
(Delete Article V.L. see above) Monitoring Reports Page 41
Thc TAG shall rev:ow thc information submitted by thc SCHOOL
~,, ......~ ....,~ .~ t~ T~ ~a, ~ submitted
submitted to the padics w:th:n five days cf comp!etlon. Merged into A~icle V.J.
M. Program Evaluation and Monitorinq Report 42
On or before, ~,,.~._.+ ", , -vv-,°nn° December 15, of each year or at the request of
any party to this Agreement, TAG shall initiate complete an evaluation of the
effectiveness of the program. This evaluation shall consider ..................
~' ........ + ~ ........... ~" any -~ +- +h;~ ~o~:~:k~ The
recommendations shall include, but not be limited to, suspension and changes
to the following:
(a) Joint Planning and Coordination
C \Documents and Settmgs\dorhngpxLocal Settings\Temporary Interact Ffies\OLK76\PROGRAM EVALUATION
Rex, 102302 doc Page
FIRST AMENDMENT
TO THE PALM BEACH COUNTY
INTERLOCAL AGREEMENT
with
MUNICIPALITIES OF PALM BEACH COUNTY
and
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
To Establish
PUBLIC SCHOOL CONCURRENCY
This First Amendment to the Interlocal Agreement establishing Public School Concurrency is hereby
entered into by and between PALM BEACH COUNTY (hereafter referred to as the "COUNTY", operating
through its BOARD OF COUNTY COMMISSIONERS; those municipalities who have executed this Agreement
(hereafter referred to singly as "MUNICIPALITY" or collectively as "MUNICIPALITIES"; and The "SCHOOL
DISTRICT OF PALM BEACH COUNTY" (hereafter referred to as the "SCHOOL DISTRICT", operating
through the SCHOOL BOARD OF PALM BEACH COUNTY (hereafter referred to as the "SCHOOL BOARD"
all of whom may collectively be referred to as the "PARTIES" to this Interlocal Agreement.
WHEREAS, on January 25, 2001, the COUNTY, the MUNICIPALITIES, and the SCHOOL
DISTRICT entered into the Interlocal Agreement to establish public school concurrency; and
WHEREAS, the Interlocal Agreement, among other things, establishes a Technical Advisory Group
(TAG) to periodically evaluate the school concurrency program and to recommend proposed amendments to
the Interlocal Agreement; and
WHEREAS, the TAG on October 7, 2002, approved and issued a Program Evaluation Report for
distribution to all PARTIES to the Interlocal Agreement recommending changes to the document; and
S'XPlanning~Public~INTERGOV~Concurrency~irst II_A Amendment 03 i 703.d0c
Page 1 of 19
FIRST AMENDMENT
TO THE PALM BEACH COUNTY
INTERLOCAL AGREEMENT
with
MUNICIPALITIES OF PALM BEACH COUNTY
and
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
To Establish
PUBLIC SCHOOL CONCURRENCY
This First Amendment to the Interlocal Agreement establishing Public School Concurrency is hereby
entered into by and between PALM BEACH COUNTY (hereafter referred to as the "COUNTY", operating
through its BOARD OF COUNTY COMMISSIONERS; those municipalities who have executed this Agreement
(hereafter referred to singly as "MUNICIPALITY" or collectively as "MUNICIPALITIES"; and The "SCHOOL
DISTRICT OF PALM BEACH COUNTY" (hereafter referred to as the "SCHOOL DISTRICT", operating
through the SCHOOL BOARD OF PALM BEACH COUNTY (hereafter referred to as the "SCHOOL BOARD"
all of whom may collectively be referred to as the "PARTIES" to this Interlocal Agreement.
WHEREAS, on January 25, 2001, the COUNTY, the MUNICIPALITIES, and the SCHOOL
DISTRICT entered into the Interlocal Agreement to establish public school concurrency; and
WHEREAS, the Interlocal Agreement, among other things, establishes a Technical Advisory Group
(TAG) to periodically evaluate the school concurrency program and to recommend proposed amendments to
the Interlocal Agreement; and
WHEREAS, the TAG on October 7, 2002, approved and issued a Program Evaluation Report for
distribution to all PARTIES to the Interlocal Agreement recommending changes to the document; and
S:~Planning~ublic~INTERGOV~Concurrency~irst HA Amendment 031703.doc
Page 1 of 19
WHEREAS, on November 7, 2002, and January 30, 2003, the Intergovernmental Plan Amendment
Committee (IPARC), which consists of planning directors in Palm Beach County, reviewed the Program
Evaluation Report and the recommended changes; and
WHEREAS, pursuant to its terms, the Interlocal Agreement may be amended by written agreement
of fifty-one percent (51%) of the PARTIES; and
WHEREAS, the PARTIES hereto desire to amend the Interlocal Agreement as set forth as
recommended by the Program Evaluation Report.
NOW, THEREFORE, in order to amend the Interlocal Agreement, and in consideration of the
mutual obligations and benefits conferred, the COUNTY, the MUNICIPALITIES, and the SCHOOL
DISTRICT hereby amend the Interlocal Agreement as follows:
All references to Florida Statutes Chapters 235 and 236 have been changed to Chapters 1013 and
1011.
SECTION 1.
Definitions are hereby amended as follows:
First FTE Student Count - A first semester count of all "full time equivalent" students. The date of the
first FTE count is determined by the Florida Department of Education each school year, pursuant to Chapter
1011.62, Florida Statutes.
SECTION 2. Article II.B. Required Concurrency Elements is hereby amended as follows:
3. Incorporate "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule"
which is in the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan into its adopted Capital
Improvement Element, and keep on file the~,,"--~ '-~'~"~,v..,,~ ~'~*~-~-~ ~,,--~.~,~-~c~'~'~"~ ..... ,~,,l~o~,~,~.~:~'~ ..,,~l,-':'~' t~o updated and
adopted SCHOOL DISTRICT'S Five-Year Capital Facilities Plan in order to set forth a financially feasible
S:kPlanning~ublic~4TERGOV~Concurrenc3&First ILA Amendment 031703.dec
Page 2 of 19
public school capital facilities plan, consistent with the adopted Level of Service Standards for public
schools.
SECTION 3.
Article III.C Transmittal shall be amended as follows:
The SCHOOL DISTRICT shall transmit copies of the proposed SCHOOL DISTRICT's Five Year Capital
Facilities Plan along with data and analysis necessary to demonstrate the financial and feasibility of the
Program to the Technical Advisory Group (TAG), the MUNICIPALITIES and the COUNTY on or before
~a2,' 2 ! July 1 of each year commencing after the effective date of this AGREEMENT.
SECTION 4.
Article III.F Material Amendment to the SCHOOL DISTRICT's Five-Year Capital Facilities Plan is
hereby amended as follows:
(b) That the modification, delay or deletion of a project is occasioned by unanticipated change in
population projections or growth patterns or is required in order to provide needed capacity in a location that
has a current greater need than the originally planned location and does not cause the adopted LOS to be
exceeded in the CSA from which the originally planned project is modified, delayed or deleted; or
(c) At the request of one of the PARTIES to this agreement, the project schedule or scope has been
modified to address local government concerns, and the modification does not cause the adopted LOS to be
exceeded in the CSA from which the originally planned project is modified, delayed or deleted.
SECTION 5.
Article III.G Amend Comprehensive Plan is hereby amended as follows:
Once the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan, the annual update, or any material
amendment has been adopted by the SCHOOL BOARD, the COUNTY n~ 5.q~rt,~ ?CiPALiTiEE shall amend
S'~Planning~Public~qTERGOV~Concurrency~First ILA Amendment 031703.dcc
Page 3 of 19
"The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" of the Capital
Improvement Element of thei~ its Comprehensive Plans to include the changes in their next round of
amendments. The COUNTY shall transmit the adopted copies of these amendments to all signatories of this
agreement within thirty (30) days of adoption. The MUNICIPALITIES in tum, shall follow procedures
consistent with Rule 9J-5, Florida Administrative Code, to adopt the SCHOOL DISTRICT of Palm Beach
County Six Year Capital Improvement Schedule.
SECTION 6.
Article IV.A Process for Development and Adoption of Capital Improvement Element is hereby
amended as follows:
1. The SCHOOL DISTRICT shall prepare and the COUNTY and the ~x.~?b~ ,~ICIp~A~ITIES shall adopt into the
Capital Improvements Element of it__3s gaei~ comprehensive plan "The SCHOOL DISTRICT of Palm Beach
County Six Year Capital Improvement Schedule" of the SCHOOL DISTRICT'S Five-Year Capital Facilities
Plan set forth in Section III, in this AGREEMENT.
SECTION 7. Article V.C Level of Service is hereby amended as follows:
To ensure the capacity of schools is sufficient to support student growth at the adopted level of
service for each year of the five year planning period and through the long term planning period, for each
CSA, the PARTIES hereby establish the LOS as set forth below. The actual LOS (utilization) for all schools
of each type in each CSA and each individual school shall be established each year by the first FTE student
count ~c +~ ...... ~ ..... +~
2 (b) Up to 120 percent ofFISH capacity (utilization LOS) (test two), for individual schools
subject to the results of School Capacity Study (SCS) undertaken by TAG, in consultation with all
LOCAL GOVERNMENTS having jurisdiction within the CSA and the SCHOOL DISTRICT, to
S:~lmaning~Public~qTERGOV~Concurrency~First ILA Amendment 031703 doe
Page 4 of 19
determine if a particular school can operate in excess of 110% capacity. The SCS shall be required if
a school in the first FTE student count cf the secen~ semester reaches 108 percent or above of FISH
capacity, once the Level of Service in V.B.2 above is achieved.
5. Upon determination by TAG, ifa school is planned and under contract or construction
which will relieve capacity of an existing school, the existing school shall be allowed to exceed the 120%
maximum utilization for a period not to exceed 2 years. The former is intended to prevent the movement of
students more than once.
SECTION 8.
Article V.F. SCHOOL DISTRICT Review of New Residential Proposals is hereby amended as
follows:
3. Determine Utilization - Analysis of Enrollment to Capacity for Five years: The SCHOOL DISTRICT
shall create a Development Review Table (DRT) (shown below) for each CSA, and will use the DRT to
compare the projected students from proposed residential developments to the CSA's planned growth,
enrollment, capacity and utilization (LOS) over the Five-year period. The Development Review Table
produces a calculation of the Level of Service for each school type in each CSA. Enrollment projections shall
be based on the most recently adopted five year capital plan and the DRT shall be updated to reflect these
projections by November 1st of each year.
SECTION 9.
Article V.G. Term of School Concurrency is hereby amended as follows:
A Letter of Determination for School Concurrency, issued by the SCHOOL DISTRICT, shall be valid for one
year from the date of issuance. A determination may be extended for two consecutive six month periods
providing the SCHOOL DISTRICT receives documentation that the application is progressing in good faith
SSPlanning~ablic~INTERGOV~Concurrency~First ILA Amendment 031703 dc~
Page 5 of 19
through the local government's review process. Once the Local Government Specific Development Order is
issued, the concurrency determination shall run with the Development Order.
SECTION 10.
Article V.H. Suspension of Concurrency is hereby amended as follows:
1 (e) If concurrency is suspended in one-third or more of the CSA's pursuant to GH.2. of this section below.
(Omitted for Brevity)
2(b) An annual first FTE student count shows that an individual school exceeds the adopted LOS, and the
SCHOOL DISTRICT has not maximized utilization and achieved the adopted LOS by the subsequent first
(c) ~er~ th~ School 8o~d materially ~ends th~ ~rst 3 ~e~s of the SCHOOL
DIST~CT'S Five-Ye~ Capital Facilities PI~ in accord~ce with Section HI G., ~d ~at ~endment causes
th~ Level of Se~ice to be exceeded for that t~e of school within a CSA, conc~ency ~11 be saspended
within ~at CSA ~d ~e adjacent CSA's only for that t~e of school.
3. If the Pro~r~ Evaluation ~d Monito~ng RepoR in accord~ce ~th SectionVI.M ~.,
below, reco~ends that conc~ency be suspended b~caus~ the pro~r~ is not working ~ plied,
concu~ency may be suspended upon the concu~ence of 33% of~ P~ies to ~is AG~EMENT.
S~CTION 11.
~icle VI.J. M~a~ement RepoRs is hereby ~ended as follows:
M~agement ~d E~ollment RepoRs
8y ~ November 1 st of each ye~ the School Sup~ntendent sh~l submit ~ ~ual m~ag~ment repo~
to the School 8o~d ~d TAG detailin~ the status of ~e SCHOOL DIST~CT's implementation of its
S:~l~n~g~blic~R~Con~i~t ~ ~ndm~ 031703 d~
Page 6 of 19
adopted Five-Year Capital Facilities Plan. The Management Report will contain ...... This report shall also
contain the first FTE student count of all schools of each type in each CSA and each individual school.
SECTION 12.
Article VI.K is hereby deleted as follows:
SECTION 13.
Article V.L. is hereby deleted as follows:
1
A
SAPlanning~PublicklNTERGOV~Concurrency~irst ILA Amendment 031703 doc
Page 7 of 19
SECTION 14.
Article VI.M. Program Evaluation Report is hereby amended as follows:
Ng.. K_: Program Evaluation and Monitoring Report
1. On or before August 1, 2002, December 15, of each year or at the request of any party to this
Agreement, TAG shall ~eJ6me complete an evaluation of the effectiveness of the program. This evaluation and
Report shall consider but not be limited to the following:
(a) Number of school concurrency suspensions by school type
(b) Duration of school concurrency suspensions
(c) Ability to achieve and maintain the adopted LOS
(d) Timeliness of parties' response required by this AGREEMENT.
(e) Operation and effectiveness of the concurrency program.
(f) The accuracy of previous pupil enrollment projections compared with actual
enrollment:
(g) The accuracy of previous population projections of each CSA compared with
actual growth.
(h) The accuracy of projected costs of school construction projects compared-with
actual costs.
2 TAG ~,,m ;o~,,,~ n report "~ *~'~ c,~a; .....a
The recommendations shall include, but not be limited to, suspension and changes to the following:
SSPla~n~ng~Public~INTERG-OV~Concur~nc~Fkst ILA Amendment 031
Page g of 1
SECTION 15.
Article VIII.D. Coordinated Planning is hereby amended as follows:
D. School District Data Publication
The SCHOOL DISTRICT shall publish data concerning school capacity, including the enrollment
of each individual school based on the first FTE student count first cz'ant cf the secenct .......... , the actual
capacity of each school at the adopted level of service, the enrollment and capacity for all schools of each
type in each concurrency service area. The SCHOOL DISTRICT shall specifically update the data upon
meeting the following conditions: no later than fifteen (15) working days after the annual update of the
SCHOOL DISTRICT's Five-Year Capital Facilities Plan; with the first FTE student count
r,~e~aO~semes~ each year; as new capacity becomes operational; when a SCS is approved; or as concurrency
determinations are issued.
SECTION 16.
Except as expressly set forth herein, all terms and conditions of the Interlocal Agreement remain in
full force and effect.
SECTION 17.
This Amendment to the Interlocal Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same instrument.
SECTION 18.
Upon this Amendment being signed by the last required party, this First Amendment to the Interlocal
Agreement shall be filed with the Clerk of the Circuit Court. This First Amendment to the Interlocal
Agreement shall take effect immediately on the date filed with the Clerk of the Circuit Court and shall
continue until terminated.
S:~Planning~ublicXlNTERGOV~Concurrenc)~First ILA Amendment 031703.dcc
Page 9 of 19
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on the
day and year indicated.
ATTEST:
Dorothy H. Wilken, Clerk
By:
Deputy Clerk
Approved as to Form and
Legal Sufficiency
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
By:
Chair
Date:
County Attorney
ATTEST:
SCHOOL BOARD OF PALM BEACH COUNTY
By:
By:
Thomas E. Lynch, Chairman
Approved as to Form and
Legal Sufficiency
Date:
Attorney for School Board
S APl anning~ublic~qTERGOVXConcurrenc3AFirst ILA Amendment 031703.dee
Page 10 of 19
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # "(234 - REGULAR MEETING OF APRIL 1, 2003
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MARCH 28, 2003
Attached is the Report of Appealable Land Use Items for the period March 17, 2003 through March
28, 2003. 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:\C~ty Clerk\chevelle folder\agenda memos\apagmen~4.1 03
TO:
THRU:
FROM:
SUBJECT:
T. HA/~DEN, CITY MANAGER
PAUL DORLING,~IRECTOR OF PLANNING AND ZONING
MEETING OF APRIL 1, 2003 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS MARCH 17, 2003 THRU
MARCH 28, 2003
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of March 17, 2003 through March
28, 2003.
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 minimum has not occurred). Section
2.4.7(E) 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.
Approved (6 to 0, Pike absent), a master plan modification to change the land use
designation from light Industrial to office center for a 0.8 acre portion of Tract "B"
Delray Park of Commerce, located at the northeast corner of NW 17th Avenue
(Park of Commerce Boulevard) and Lake Ida Road.
No other appealable items were considered by the Planning and Zoning Board. The
following items will be forwarded to the City Commission for action:
Recommended approval (4 to 2, Borchardt and Sowards dissenting), of a conditional
use request to allow a density in excess of 30 dwelling units per acre (44 units per
acre proposed) for Ocean City Lofts, a new mixed-use development containing 63
City Commission Documentation
Appealable Items Meeting of April 1,2003
Page 2
residential condominium units and 5,315 square feet of retail uses, located on the
east and west sides of NE 4th Avenue, south of NE 2nd Street.
Recommended denial (6 to 0), of an amendment to the Land Development
Regulations Section 4.4.9(G)(2)" North Federal Highway Overlay District" to add
self service storage facilities as a conditional use and to provide for supplemental
regulations for self service storage facilities.
Recommended approval (6 to 0), of an amendment to the Land Development
Regulations Chapter 7, "Building Regulations," Section 2.4.6 "Procedures for
Obtaining Permits" and Section 4.5.4 "Coastal Construction" to be consistent with
the 2001 Florida Building Code changes.
Recommended approval (5 to 0, Krall stepped down), of a combined
preliminary/final plat for Shorewalker Place, a proposed 4-lot townhouse
development, located on the south side of George Bush Boulevard, east of Andrews
Avenue.
Recommended approval (5 to 0, Sowards stepped down), of a combined
preliminary/final plat for Village Grande of Delray Beach, a proposed 10-lot
townhouse development, located on the east side of NE 4th Avenue, between East
Atlantic Avenue and NE 1st Street.
Approved (6 to 0, Mark Gregory absent), a Class I site plan modification associated
with the construction of a 19' high gas pump canopy for Exxon, located at the
southeast corner of NE 4t~ Street and Pineapple Grove Way (206 NE 4th Street).
Approved (5 to 1, Cope dissenting), a Class I site plan modification in conjunction
with the architectural elevations for a new model within Pelican Harbor Phase III,
located at the northwest corner of the Intracoastal Waterway and the C-15 Canal.
Granted (6 to 0), an extension (expiring October 3, 2004), for Bob's Famous Bar,
located at the northwest corner of East Atlantic Avenue and the FEC Railway (217
East Atlantic Avenue). The proposal involves the demolition of an existing two-story
structure (known as Powers Lounge) and construction of a new two-story building
and a new 1,800 sq. ft. 2nd floor apartment above an abutting one-story building
(Richwagen bicycle shop).
Approved (5 to 0, Eliopoulos stepped down), a Class IV site plan modification,
landscape plan and architectural elevations associated with the construction of a
one-story, 4,500 square foot retail building for Antique & Country Pine, located on
the west side of North Federal Highway, south of Gulfstream Boulevard (2222 North
Federal Highway). Concurrently, the Board granted the following waivers:
· Reduced the required minimum stacking distance for the driveway connecting to
North Federal Highway from 20'to 11'.
City Commission Documentation
Appealable Items Meeting of April 1, 2003
Page 3
· Reduced the sight visibility triangle along the drive aisle (southbound direction)
connecting to North Federal Highway from 20' to 11'.
Approved (6 to 0), a Class IV site plan, landscape plan and architectural elevations
associated with the construction of 34,464 square feet of office space for The
Meridian, located on the east side of SE 6th Avenue, between SE 3rd Street and SE
4th Street. The proposal represents a change from the previously approved a mixed-
use development (office/residential). Concurrently, the Board approved waivers to
the visibility triangle at the intersection of the driveway at SE 3raStreet from 20' to
11' and at SE 4~h Street from 20' to 12'.
1. Approved (4 to 0, Lee-McDermott, Sexton and Perez-Azua absent), a request for a
Certificate of Appropriateness associated with the conversion of an existing garage
to offices and parking lot improvements for Handelsman Yellow Building, located
at the northeast corner of SE 6th Avenue (northbound Federal Highway) and SE 1st
Street. Concurrently, the Board reduced the site visibility triangle at the intersection
of SE 6th Avenue and SE 1st Street from 40' to 18'.
Approved (4 to 0), a request for a Certificate of Appropriateness associated with the
installation of a green vinyl coated chain link fence the Cueto Residence, located
on the east side of North Swinton Avenue, north of NE 4th Street (415 N. Swinton
Avenue).
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commhssion Meeting-
April 1, 2003
LAKE
SW
P.&Z.:
A. DELRA Y PARK OF
COMMERCE TRACT "B"
S.P.R.A.B.:
I. EXXON
2. PELICAN HARBOR - PHASE III
3, BOB'S FAMOUS BAR
4 ANTIQUE & COUNTRYPINE
5. THE MERIDIAN
H.P.B.:
X. HANDLESMAN YELLOW BUILDING
Y CUETO RESIDENCE
GULF STREAM BLVD
LtNTON
CiTY LIMITS
/
ONE MILE
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2003
- - DIGITAL BASE.MAPPING SYSTEM - -
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ I ~ - REGULAR MEETING OF APRIL 1, 2003 AWARD OF
BIDS AND CONTRACTS
DATE: MARCH 28, 2003
This is before the City Commission to approve the award of the following bids:
Contract award to Utility Service Company, Inc. in the total amount of $324,270.18
for the painting and maintenance of the 0.5 Million Gallon Elevated Water Storage
Tank over a period of eleven years. Funding is available from 442-5178-536-46.90
(Other Repair/Maintenance).
Contract award to Chaz Equipment, Inc. in the amount of $87,632.50 for S.W. 7th
Street Roadway Infrastructure Improvements. Funding ~s avatlable from 441-5161-
536-63.90 (Water/Sewer/Other Improvements), 118-1965-554-63.41 (Boys & Girls
Club), and 334-3162-541-61.17 (Roadway Resurfacing).
Contract award to Douglas N. Higgins, Inc. in the amount of $1,217,297.25 for the
Seaerest Neighborhood Improvements Phase IV Project. Funding is available from
370-3162-541-65.43 (Roadway Bond Program Fund), 448-5470-538-65.43
(Stormwater Utility Fund), and 442-5178-536-65.03 (Water/Sewer Renewal and
Replacement Fund).
Purchase award to National Waterworks, Inc. in the amount of $23,414.78 for the
purchase of 300 feet of 24-inch reclaimed water transmission main with appropriate
fittings and restraining components. Funding is available from 441-5181-536-63.90
(Other Improvements).
Purchase award to Invensys Metering System in the amount of $138,200.00 for the
purchase of various parts/supplies needed to upgrade the City's Touch Read
Metering System. Funding is available from 441-516-1536-64.90 (Other
Machinery/Equipment) and 441-516-1536-52.31 (Water Meter Replacement).
Recommend approval of the above bids and purchases.
S:\City Clerk\chevelle folder\agenda memo\B,d Memo.4.1.03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Dangers Beatty, P.E. '"~[ 2~-~
Deputy Director of Publ~
March 25, 2003
Continuing Maintenance Contract
0.5 Million Gallon Elevated Water Storage Tank
Attached is an agenda request for approval of a cominuing maintenance contract for the subject
project. A request for proposals was advertised on January 28, 2003 with a closing date of
February 18, 2003. Two proposals were received, one from Utility Service Co., Inc. and one from
Tank Pro, Inc. Both proposals were reviewed by ESD Staff and it was determined that the
proposal from Tank Pro, Inc. did not address the criteria outlined in the "Request for Proposal"
therefore their proposal is considered to be non responsive. The proposal from Utility Service
Co., Inc. was very thorough and provided a detailed description and outline of the proposed
maintenance activities as well as an on-site inspection report of the tank. Also attached is a
schedule of annual cost from year one through year eleven. While the duration of this contract is
over a period of eleven years it includes painting of exterior in year one and year nine and painting
of the interior in year one and year eleven. The City of Lake Worth has a similar contract with
Utility Service Co., Inc. and has been extremely satisfied with their performance and the quality of
work.
Based on their proposal and satisfactory references, we are recommending award of the
maintenance contract to Utility Service Co., Inc. in the total amount of $324,270.18. This is a
multi year contract and will be funded on an annual basis per the attached schedule. Funding for
year one in the amount of $63,278.00h will be from Account # 442-5178-536-46.90, Other Repair
& Maintenance.
Please place the item on the April 1, 2003 Agenda for consideration by City Commission.
CDB/ped
Attachments
CC:
Richard C. Hasko, Director of Enviromental Services
City Clerk
Agenda File
U:\wwdataWIemo~C~ty Manager\03Mar25~Mmnt Contract.doc
City of Delray Beach, Florida
500,000 gallon Elevated Water Storge Tank
Schedule of Work (pricing) and Fees
Full Service Maintenance Program
RFP #2003-13
TANK - 500,000 gal. Elevated Storage Tank
Year 1 - 2003
Year 2 -2004
Year 3 - 2005
Year 4 -2006
Year 5 -2007
Exterior & Interior Renovation & Repairs
Visual Inspection *
Washout Inspection *
Visual Inspection *
Washout Inspection *
Year 6 - 2008 Visual Inspection *
Washout Inspection *
Year 7 -2009
Year 8 -2010
Year 9 -2011
Visual Inspection *
Exterior Renovation
Washout Inspection *
Per Yearly Cost
s /~ 3, ~7~,c~
$
$ ~, ~v~.oo
Year 11-2013
$, 15, zl-i-'/, oo
$ i5, q~7. oo
$ II~
Year 10-2012 Visual Inspection * .. $ [~j b~. 57
Interior Renovation
Visual Inspection *
· Any needed repairs and emergency service
Payment of services shall be made monthly based on the percent completion of
services rendered for the specified year.
32
No.
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda
AGENDA REQUEST
Agenda Item ~'Z
Date: March 25, 2003
When: April 1, 2003
Description of item (who, what, where, how much): Staff requests Commission approval of a
maintenance contract for the elevated water tank to Utility Service Co., Inc. in the amount of $324,270.18.
This is a multi year contract and will be fimded on an annual basis. Funding for year one in the amount of
$63,278.00 will be from Account # 442-5178-536-46.90, Other Repair & Maintenance.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of the contract to Utility Service Co., Inc.
Department head signature: ~ .~f..~ 3-&& ~-o~
!
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r~gqired on aJl items|nv01vi0g_e,~enditure of funds):
Funding available:~/NO rT~ E-. ,~/:z-~/a_.7 '~
Funding alternatives ~' ~ ~ ~ (if applicable)
AccountNo. &Description ~/t/x~''/-Tr-5'yg-YLqo o~r t-e,,,-
Account Balance "o~t o-;,'.-,r 6'~,J- oF
City Manager Review:
Approved for agenda:(~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
U:\wwdataWormskAgenda Requests\03Mar25 AgendaReq - Utihty Sermce Co .doc
Jarret~ E. Cooper
Senior Associate
Direct Dial: 561.862 4141
jcooper~hodgsonruss com
Hodgson
A T T 0 R N E Y S · L L P
April 1, 2003
VIA FACSIMILE (243-3774)
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Attention: Town Clerk
Dear Clerk:
Re.'
Regular Commission Meeting Scheduled for
Tuesday, April 1, 2003
Please find enclosed correspondence regarding Item 8(K)(1) on the Consent
Agenda. Please deliver this correspondence to the Town Commission prior to the meeting for
consideration prior to adoption the Consent Agenda.
Thank you for your time and attention to this matter
JEC/lk
Enclosure
, Esquire
Cc: Town Attorney, via facsimile (278-4755)
FLADOCS 138693vl (2ZOL01 ~ DOC)
200 3c, ca Pato~, Flo, tda 33431 ~ Telephone 561-394-0500 * Facs~mde 561-394-3862
q,l?o,t i¥%,, Yolk ~ [¥'ework * PoJm Beach Gci, clen~ o Toronto o wwwhodgsonruss corn
_.i Regttte~ed L~nuted LlabthO' Pa~ tner3htp ~.nchtdmg Professional Assocmtlons
Jarrett E. Cooper
Senior Associate
Direct Dial. 561.862 4141
jcooper~hodgsonruss corn
Hodgson
A T T 0 R N E Y S ~. L L P
April 1, 2003
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Attention: Town Commission
Dear Sirs:
Re~
Award of Bid or Contract to Utility Service
Company, Inc.
Please be advised that this office represents Tank Pro, Inc. with regard to the
water storage tank maintenance proposal for the City of Delray Beach on one five hundred
thousand gallon (500,000) elevated water storage tank.
On or about January 28, 2003, the City of Delray Beach advertised a request for
proposal, with a closing date of February 18, 2003. Our client, Tank Pro, Inc. and Utility Service
Company, Inc. responded to the request for proposal. According to a memorandum submitted to
the City Commission by the Deputy Director of Public Utilities, the request for proposal
submitted by Tank Pro, Inc. was deemed to be "non responsive." Tank Pro, Inc. has never been
provided with any information as to why the proposal was deemed "non-responsive," nor was
Tank Pro, Inc. contacted regarding the contents of the proposal.
A review of the proposals indicate that the two bidders provide similar service
and materials, with one notable difference - Tank Pro, Inc.'s proposal in the approximate amount
of Two Hundred Eighty Eight Thousand Dollars ($288,000.00), is more than Thirty Five
Thousand Dollars ($35,000.00) less than the proposal submitted by Utility Service Company,
Inc.
We are aware that pursuant to item 8(K)(1) of the Consent Agenda, the City
intends to award a contract to Utility Service Company, Inc. in the total amount of Three
Hundred Twenty Four Thousand, Two Hundred Seventy Dollars and 18/100 ($324,270.18) for
the painting and maintenance of the .5 million gallon elevated water storage tank over a period of
eleven (11) years. In light of the substantial price differential between the two bidders, Tank
Pro, Inc. respectfully requests that the City of Delray Beach remove the approval of the contract
from the Consent Agenda previously scheduled for this evening, and permit Tank Pro, Inc. an
?,)I ~ ,~,,? ,~'~.,&o,. 2' c,,/ ~ State ?00 * Baca Ralon, Florida 3343l * Telephone 561-394-0500 * Facstmde 561-394-3862
~,~,/¢~,io , .5!.9 ,c ~,,til~ ~ ~'F~,-_Stte,~r~o~a'l Airport , ?vrew )~rk } Newct~]~ , Pahn Beach Gardens * To~oato * wwwhodgsonmss corn
A Reg~steted Lmt~ted Ltabd~t¥ Partnerahtp tnchtchng Professtonal Assoctattons
City of Delray Beach
April 1, 2003
Page 2 of 2
opportunity to respond to the City of Delray Beach's claim that the bid proposal filed by Tank
Pro, Inc. was "non responsive," at next month's regularly scheduled City Commission meeting.
Thank you for your time and attention to this matter.
JEC/Ik
Very truly yours,
It~SON R~SS LLP
~eR~E. Coo~, Esquire
FLADOCS 138694vl (2ZOM01!.DOC)
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~'~. ~.-- REGULAR MEETING OF APRIL 1, 2005
CONTRACT AWARD/CHAZ EQUIPMENT, INC.
MARCH 28, 2003
This is before the City Commission to approve a contract award to Chaz Equipment, Inc. in the
amount of $87,632.50 for the S.W. 7m Street Roadway Infrastructure Improvements Project consisting
of sanitary sewer and roadway improvements.
Funding is available from 441-5161-536-63.90 (Water/Sewer/Other Improvements), 118-1965-554-
63.41 (Boys & Girls Club), and 334-3162-541-61.17 (Roadway Resurfacing).
Recommend approval of the contract award to Chaz Equipment, Inc. for the S.W. 7m Street Roadway
Infrastructure Improvements Project.
S:\City Clerk\chevelle folder\agenda memos\Contract Award. ChazEqtupment, Inc 4.1.03
www.delrayesd.com
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
William A. Grieve, P.E., Assistant City Engineer~k]~',
March 25, 2003
SOUTHWEST 7TM STREETROADWAY & SANITARY SEWER
IMPROVEMENTS
Contract Award
Project #2002-038
The attached agenda request is for Commission authorization/approval for Mayor to
execute contract with Chaz Equipment for the construction of the Southwest 7th Street
Roadway Infrastructure improvements. This contract generally consists of roadway and
sanitary sewer improvements.
Total Cost of this contact is $87,632.50
Funding will be provided as follows:
Description
W/S other improvments
Boys and Girls Club
Roadway Resurfacing
Total
Account Number
441-5161-536.63-90
118-1965-554.63-41
334-3162-541.61-17
Balance
Contract
$25,060.0O
$~~ ~, oo
$3,760.00
$87,632.50
Attached are the bid tabulation and a location map showing the location of this project.
Please place this item on the April 1, 2003 Commission Agenda.
Thanks!
Enc
cc: file
S'~EngAdmtnV:'rojects~OO2~2002-O38tCONTRAC T~agenda memo doc
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;~ ~ Cl~ of DELRAY BEACH sw 7m SmEET
) ~] E~R~ME~AL ~E8 ~P~E~ RO~WAY AND SANITARY S~ INPRO~B LOCMAP
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E
Date:
March 25, 2003
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda Special Agenda
When: April 1, 2003
Description of Agenda Item (who, what, where, how much):
The attached agenda request is for Commission authorization/approval for Mayor to
execute contract with Chaz Equipment for the construction of the Southwest 7th
Street Roadway Infrastructure improvements. This contract generally consists of
roadway and sanitary sewer improvements.
Funding will be provided as follows:
Description
W/S other ~mprovments
Boys and Girls Club
Roadway Resurfac~ng
Total
Department Head Signature:
Account Number Balance Contract
441-5161-536.63-90
118-1965-554.63-41
334-3162-541.61-17
$128,765.00 $25,060.00
$59,92~.00 $58,81Z.50
$99,328.00 $3,760.00~
$87,632.50
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:(~/No Initials: t~e
Account Number See Above fl/
Description See Above
Account Balance: See Above~C/,/l%°~ (,~,~v.~ -v~,o~')
Funding Alternatives: (if applicable)
City Manager Review:
for Agenda: ~/No Initials:
Approved
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2002\2002-038\CONTRACT\agenda.doc
www. MyDelrayBeach.com
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
David T. Harden, City Manager
William A. Grieve, P.E., Assistant City Engineer
DATE:
March 27,2003
SUBJECT:
SEACREST NEIGHBORHOOD IMPROVEMENTS PHASE IV
Contract Award
Project #2002-040
The attached agenda request is for Commission authorization/approval for Mayor to
execute contract with Douglas N. Higgins, Inc. for the construction of the Seacrest
Neighborhood Improvements Phase IV. This contract generally consists of: The
furnishing and installation of potable water distribution mains and services,
abandonment or removal of existing water mains and services, furnishing and
installation of sewer main with service connections, asphaltic concrete pavements,
concrete sidewalks, traffic calming measures, storm water drainage improvements,
retention pond excavation, driveways, swale improvements, landscaping, irrigation,
restorations and associated miscellaneous improvements.
Total Cost of this contract is $1,217,297.25
Funding will be provided as follows:
Description
Roadway Bond
Drainage
Seacrest Water Mains
Total
Account Number
370-3162-541.65-43
448-5470-538.65-43
442-5178-536.65.03
Balance*
$343,099.14
$768,262.00
Contract
$343,099.00
$755,280.25
$118,918.00
$1,217,297.25
* Following Budget Transfer
Attached are the bid tabulation and a location map showing the location of this project.
Please place this item on the April 1,2003 Commission Agenda.
Enc
cc: file
S:tEngAdmintProjectst2OO2t2OO2-O40~CONTRACT~agenda memo. doc
, ,-~,-~.~ ~ Iili ®!111~ / ' I 1~1 ~-~
' ¢'------- 1 : ' :~" ~'"' / Q~ /' STORM DRAINAGE (POND)
'r,~~ d ~'~ ~j ~' ~ SWALE IMPROVEMENTS
m 1 _ dlrl $ SIDEWALK (NORTHSIDE)
': L' "~ " ~ ~ ~' '/ F ~1 ~ RECONST, RESURF OF
' ~ / ~ ~/ /~ PAVEMENT
'
~'...~ ,~ -. ~ - ~/~1/ ///~ e s,,,T,,~ s~w~, w/
, ..~ ,,~ ~. J ' ~~ * ~//~ /~/~ ~ 5 SIDEWALK ON EAST
r~9 ~, ~//~/il/ s~s
f ,~ ,.~ ~ J ~ ,~ ,,~ ~ I~ I'1 IJ ~ DRIVEWAY CONNECTIONS
~ ' ', % ' ' ' ~ ~ / I/~ (B.S.E.E.~
· . '~~ ~ I' III LI (SIDEWALK SIDE)
~, ~"~" ~1 i ~I I ~ / ~ PARKiN~ M~Di~,C~Ti~
.~ V I~ II ~ 6" WM (ABAND)
.... _~~f,~ ~ .. .
Z ~, '
I ~~~ ~~F ' '~ "~ ~: ~ ~-
O ~ C~of DEL"AYBEACH SEACREST PHASE IV
~~~ ~8 ~~ SI TE PLAN ~ACR~T-PH4
~ ~ ~ A~ ~Y ~ ~ ~ 2002-0~
1 of 2
TABULATION OF BIDS
SEACREST NEIGHBORHOOD IMPROVEMENTS PHASE IV
Rem No Deaoribtlon Umt Quantity Une Cost Coat Unit Cost Cost I~lnit Cost Cost Und~ Cost Cost
I Mobilization Cost LS 1 -- $100 000 O0 $45~090 O0$45r000 O0 $27~800 00 $27,500 O0 $681712 O0 $58~712 O0
2 Maintenance of Traffl¢ LS 1 ~ $100~000 00 $15~000 O0$15,000 O0 $g0,850 90 $90,850 O0 $21~000 O0 $21r000 O0
3 Clearing and Grobbmg LS 1 -- $88,000 O0 $10,000 O0$10,000 00 $7r475 00 $7~475 O0 $28~553 74 $28~853 74
4 Pavement Marking & Slgnegs LS 1 ~ $15~000 O0 $6~500 00 $8~580 00 $5,290 00 $5,290 00 $5,250 00, $5~250 O0
5 Swale Grsdln(~ & Sodding yd; 22757 5 75 $130,852 75 $6 O0 $138~542 O0 $4 15 $94~441 55 $3 70 $84~200 90
8 Pond "A" Earthwork LS 1 -- $40~000 O0 S10,800 O0510,800 O0 $20,095 Oa $20r095 O0 $15~250 O0 $15,250 O0
7 Pond ~G' Earthwork LS 1 -- $15~000 00 $10,074 00$10~074 001 $13 840 00 $13~840 O0 $14~200 O0 $14~200 00
8 Pond "C' Earthwork LS t ~ S18~000 O0 S13~800 O0$13 800 00 $14~675 00 $14;575 O0 $14~200 O0 $14~200 O0
9 Asphalt Trench Repair LF 714 17 5 $12,495 O0 $22 00 $15~709 O0 $15 50 $11 ~067 OO$17 10 512,209 40
10 TypeDCurb LF 189 16 $3~024 00 $4000 $7,560 O0 S1100 $2,07900 $1100 $2,079 O0
11 Drop Curb LF 300 16 $4~800 O0 $45 O0 $13,500 O0 $11 27 $3 381 O0 $12 O0 $3~600 O0
Proposed Roadway Resurlacm,~
12 f" Type S-Ill Asphaltic Surface Courae Ton 825 67 $85~275 O0 $115 O0 $94~875 O0 $99 O0 $81~875 O0 $63 O0 $51~975 O0
Proposed Roadway Reconstruct;on
13 ' 1 ff2"TypaS.IllAsphalt Ton 89 87 $5~963 O0 $13000 $11,57000 $11400 $10~146 O0 $8000 $7~120 O0
14 8~ Limerook Base yd; 1246 7 5 $9,345 O0 S12 O0 $14r952 O0 $4 50 $5r607 00 $8 60 $10r715 60
15 f2' Stabilized Sub.~rade yd; 1360 3 $4r080 O0 $6 O0 $8,160 00' $4 03 $5~490 80 $3 15 $4,264 O0
16 Divided Roadway Each 6 19500 $117r000 O0 $1 r750 O0$10,500 O0 $19~825 O0$111~750 O0 $24r420 90 $146~525 40
17 Paver Brick Speed Table Each 5 5000 $25~000 O0 $1~500 O0 $7r500 O0 $4~ 148 O0$20r740 O0 $9~343 95 $48~719 75
18 Asphalt Driveway Apron w! Base yd~ 1586 18 $33,964 O0 $20 50 $58~704 00'$22 O0 $41~536 OO $21 50 $40r59.2 O0
19 Concrete Driveway Apron ft= 19389 4 $77r475 O0 $4 25 $82r3t8 25 $4 08 $79~025 52 $2 80 $54~233 20
20 $' Sidewalk Construction ~4' Think) LF 4326 14 $60,584 O0 $17 O0 $73,542 O0 $11 21 $48~494 48 $10 80 $46,720 80
21 5' Sidewalk Cor~struetlon ($" Thlck~ LF 170 16 $2~720 OO $22 00 $3~740 OO $14 10 $2~397 O0 $14 70 $2~499 O0
22 9' Sidewalk Construction (8' Thick) LF 74 28 $1r924 O0 $40 O0 $2~990 O0 $22 20 $1 r842 60 $24 OO $1~778 O0
23 Proposed Paver Brick Restore#onyd~ 180 5 5 $990 O0 $36 O0 $6~480 O0 $4 1
24 ~' DiP Water Msrn LF 3019 26 $78~494 O0 $25 O0 $75.475 001 $25 95 $78~343 05 $25 30 $78~380.70
25 5" DIP WsterMain LF 82 23 $1 r886 O0 $50 O0 $4r100 O0 $31 29 $2~563 32 $29 O0 $2~378 O0
26 4' PVC Water Main LF 55 13 $754 O0 $50 O0 $2~900 00 $12 86 $745 68 $20 O0 $1~160 00
27 12'x8~ DI Tapping £I==¥= & 8" Valve Each 2 4500 $g~o00 O0 $3r200 O0$8~400 00, $2r407 50$4~815 O0 $5r900 O0 $1 lr800 O0
28 8"X8" DI Tapping Sleeve & 9" Va/va Each 1 2600 $2~600 O0 $2,700 O0$2r700 O0 $2~117 00$2~117 OD $2~780 O0 $2~780 O0
29 8'x6" DI TappIn~ Sleeve & 8~ Valve Each 2 2600 $5~200.00 $2,200.00$4~400 OOI $1~752 50$3~505 O0 $2~412 O0 $4r824 O0
30 12'x4~ DI Tapping Sleeve w/Valve Each I 4200 $4r200 O0 $2,500 O0$2~500 O0 $1r886 00$1~866 O0 $2~425 O0 $2~428 90
31 8" DI Gate Valve Each 18 825 $14r850 00 $650 O0 $11~700 O0 $807 50 $14r535 O0 $780 O0 $14~040 O0
32 8" DI Gate Valve Each I 600 $800 O0 8800 O0 $800 O0 $575 O0 $575 O0 $580 O0 $580 O0
33 4' DI Gate Valve Each I 400 $400 O0 $750 O0 $750 O0 $521 O0 $521 O0 $530 O0 $530 O0
~4 Fill & Flueh Conneot~n Each 11 800 $8~800 O0 $800.00 $81800 00~ $519 50 $5~714 50 $780 O0 $8r580 O0
35 Sample Point Each 11 250 $2r750 O0 $375 O0 $4~125 O0 $237 O0 $2~607 O0 $300 O0 $3~300 O0
36 Fire HydrantAeeembly Each 3 2200 $8~800 O0 $2~550 O0$7~650 00' $3,213 O0$9r859 O0 $2~500 OO $7~500 00
37 Existing Fire Hydrant to be Relocated Each 7 1500 $10~500 O0 $1~800 00$11~200 00; $865 00 $8~055 O0 $1,200 00 $8~400 O0
38 ~onstroct Water Service (SingleI Each 3 700 $21100 O0 $800 O0 $1~800 O0 $412 oa $1~236 oo $600 00 $1,800 oo
39 Re.~_-.e__-~ Rear- Single Servtoo Each 12 800 $5~600 OQ $1~200 O0$14,400.001 $313 O0 $3~758 O0 $532 O0 $8~384 O0
40 Relocate Rear- Double Service Each 2 900 $1 r800 O0 $1~409 O0$2r800 O0 $498 O0 $992 00 $1 r092 O0 $2~184. O0
41 Connect to Ex/~fng WaterServloe (f") Each 24 550 $20r400 O0 $400 O0 $9~600 QO' $372 O0 $9~928 O0 $270 O0 $6,480 00
42 Connect to Ex/lUng WaterSlrvioe ~"} Each 2 1200 $2~400 00 $500 O0 $11000 O01 $925 O0 $1,850 O0 $474 O0 $949 O0
43 Connect to Existing Water Service (3") Each I 1400 $1~400 O0 $1r200 O0$1r200 O0 $952.00 $952 O0 $451 O0 $45~ 00
44 Type "C' Inlet Each 10 ' t500 $15~000 00 $I ~550 00 $18~500 001 $1~979.10$19~791 O0 $I~866 O0 $16r560 O0
45 Storm Manhole Each 9 2500 $22,500 O0 $1 ~500 O0 $13~500 O0 $2~ t52.00 $19~458 O0 $2~780 O0 $25~020 O0
46 Co/If//of Str~oture Each 5 7000 $35r000 O0 $3~500 O0$17~500 00 $2~297 O0$11 r495 O0 $$r046 O0 $15,240 00
47 FDOTIndex 27'3 End Section Each 3 1200 $3~500 O0 $450 00 $1r359 00! $1~t69 O0$5~498 O0 $3~725 00 $8r175 O0
48 19~ RCP LF 349 48 $16~054 00 $65 O0 $22r685 00, $25 99 $9~039 10 $30 80 $10~749 20
49 24~ RCP LF 1396 53 $73~988 00 $75 OQ $104~700 001 $34.15 $47~673 40 $38 80 $54~164,80
50 Sand CementRIp. Rap it; 186 7 5 $1 ~245 O0 $25 O0 $4~150 O0 $6 40 $1,062 40 $10 50 $1 r743 O0
51 8~ DIP Sanitary SewerMsln LF 359 26 $9~334 O0 $95 O0 $30~515 00 $40 90 $14r683 10 $44 O0 $15~756 O0
52 Sanitary Sewer Manhole Each 1 2500 $3~500 O0 $3~500 O0$3~500 00 $2r251 O0$2,251 O0 $2~054 O0 $2~054 O0
53 Connect tc Existing Sanitary Manhole Each I 2000 $2~000 O0 $850 O0 $850 O0 $848 OC $848 O0 $2~094 O0 $2~094 O0
54 ~&,~,~va ;_~;_=t;ng 2' Water Main LF 1679 4 25 $7,135 75 $5 00 ~r395 O0' $5 75 $9~85425 $I 30 $2~182 70
55 Water Main to be Abandoned LS I -- $2r500 O0 $3~500 O0$3~500 O0 $1~380 O0$1~380 O0 $14r300 O0 $14,300
56 Remove Exletln~ 12" RCP LF 5 8 $40 00 $85 O0 $425 O0 $23 00 $115 O0 $53 O0 $265 80
57 Remove Exl~fng iS" RCP LF 3 8 $24 00 $95 O0 $285.00 $57 50 $172 50 $53.00 $159 O0
58 Remove Catch Basin Each 2 500 $1~000 O0 $300.00 $600 00 $832 50 $1,265 O0 $400 O0 $800 O0
59 ~' Chelnllnk Fence LF 36 26 $936 O0 $35 O0 $1 ~260 O0 $115 70 $4r 165 20 $15 75 ~567,00
50 ChalnllnkGetos LS 1 -- $75000 $1,500 O0$1~500 00 $1,37200 $1~372 O0 $I~050 O0 $1,05000
61 Re!ec'-te Exletln~ Chain#ok Fence LF 115 20 $2~300 O0 $45 O0 $8;175 O0 $81 O0 $7r015 O0 $14 70 $1r890 50
62 Retaining Wall Construction LF 50 58 $2~900 O0 $150 O0 $7~500 O0 $66 70 $3~335 O0 $27 O0 $1~350 O0
63 4' Sch. 80 PVC Elco;*= LF 275 10 $2~750 O0 $20 O0 $5~500 O0 $13 45 $3r885 O0 $11 O0 $3~025 O0
64 ;.i~e;;on Water Service wIth Box Each 7 950 $8~650 O0 $350 O0 $2r450 O0 $696 09 $4~856 O0 $795 O0 $5~565 O0
55 Ex;~;;,~¥ Divided Median Modifies#one Each 15 -- $431200 O0 $2r500 O0$37~500 O0 $7r709 00$115,635 O0 $10r132 50 $151r987 50
Proposed Landscapm,c(
86 Landscaping Irrigation Sy~tom LS 1 $00Q $0 O0 SO 00 S0 O0 $0 O0 $8 O0 $0 0(,
67 Glaucous C.__-_.!._ Each 17 280 $47760 O0 $245 O0 $4,165 O0 $240 OG $4,080 O0 $195 O0 $3t315 O0
68 ~l/ver Buffonwocd Each 15 280 $31900 O0 $175 O0 $2r825 O0 $240 00 $3~600 O0 $195 O0 $2r925 O0
69 Orangs Gelger Tree Each 24 330 $7r920 O0 $245
70 Jstmpha Tree Each 10 260 $2~500 O0 S200 O0 $2~000 O0 $227 0(] $2,270 O0 $185 O0 $1.850 O0
71 Oleander Standard Each 3 240 $720 O0 $225 O0 $875 O0 $227 O0 $881 00 $185 O0 $555 O0
72 Black Ironwood Each 8 320 $2~580
73 pitch Apple Each 20 320 $8~400 O0 $385 O0 $7,700 O0 $325 0[~ $8~580 O0 $263 O0 $5,280 O0
74 Pigeon plum Each 12 310 $3,720 O0 $250,00 $3~000 O0 $227 O0 $2,724 O0 $185 O0 $2~220 O0
75 Pink Tabebuta Each 12 300 $5r800 O0 $250 O0 $5~000 O0 $240 OG $2~880 O0 $195 O0 $2,340 O0
7~ Gumbo L~mbo Each 16 260 $4.460 O0 $250 OO $4~000 OO $227 00 83,632 OO $185 O0 $2~990 O0
77 Royal Poinciana Each 4 290 $1~100 O0 $225 O0 $900 O0 $227 00 $908 O0 $185 O0 $740 O0
78 Yellow Pcinolana Each I 260 $290 O0 $225 O0 $225 O0 $240
79 Live Oak Each 13 370 $4~810 O0 $318 O0 $4~134 O0 $240 O0 $31120,00 $195 O0 $2 535 O0
80 Paradtae Tree Each 1 280 $280 O0 $138 O0 $138 O0 $279 OG $279 O0 $225 O0 $225 O0
81 West Indian Mahogany Tree Each 6 340 $2,040 00 $220 OO $1 r320 OO $240 O0 $1 ~440 O0 $195 O0 $1,170 O0
82 ~e-Bmlt Record Drawinge LS 1 5000 $5 000 O0 $9 500 O0$9 500 O0 $3,500 001 $3 500 O0 $4 200 81 $4 200 81
Sub Total=Slj470,483 50
10% CcntingancJ! $147 050 O0
I Total= $1,617.533.90 $1,217,297.25 $1,239,610.83 $1,285,468 O0
2 of 2
TABULATION OF BIDS
SEACREST NEIGHBORHOOD IMPROVEMENTS PHASE IV
Open' 27.Feb-03, 3:30pm Oanella Compames, Inc. CHAZ Equipment Co., Ina. MEF Constmotmn, thc. ~sn Sou~, tn=.
Item No. ~on ~n~ Quan~Umt Cost Co~ ~nff Cost Co~ ~n~ Co~ Cost Un~ Cost Coat
1 ,, , MobilizatiOn Cost LS 1 $84 512 O0 ~ $84;512 00' $75~000 O0 ~5~0 ~ $112,000 ~ $112~000 ~ $200 001 65 $200,001 65
2 Ma~tenance of Traffic LS I $1~r797 ~ $14,797 O0 $30.000 O0 $30~000 O~$37,500 O0 $37~500 O0 $97,120 71 $97.120 71
3 Clea~n; and G~bbmg LS 1 $27~70u ~ $27~700 O0 $100~000 O0 $100~000 O~ $30~000 O0 $30~000 O0 $96~1 93 $~,441 93
4 Pavement Ma~ing & SignageLS I $17~600 O0 $17~600 O0 $5~000 O0, $5t000 O~ $20~000 $2Ot~O O~ S13~4~ 63 $13~406 63
5 Swale Grading & Soddin; y~; 22757 $3 00~ $68~271 OO~, $4 25 $96~7t7 25 ~ ~ $136t542.~ $5 74 $130t625 18
6 Pond "A" Ea~hwo~ LS 1 $25 500 O~ $25~500 O0 $25,000 O0 $25r000 O~ $35~000 O0 $35~000,00 $20,592 23 $20~592 23
7 Pond "B" Ea~wo~ LS 1 $1~,500.0~$16~500 O0 $25,000 O0 $25,000 OC $27~000 OD $27~000 O0 $19,~7 10 $19~867 10
8 Pond 'C' Ea~wo~ LS 1 S2OrSO00C $20~600 OO $25,0~0 O0 $25~000 ~ S21~0G0 O0 $21 ~0~0 ~ $19~212 15 S19,212 15
9 Aepha~ Trench Repair LF 7~4 $22 O~ $15,708 O0 $24 O0 $17~136 O~ $30 ~ $21~420 O0 $28 73 $20~513 22
10 TypeDC~rb LF 189 $130~ S2~457 O0 $1400 $2,646 O~ $2200 $4r158 OO $1775 $3~354 75
11 Dmp Cu~ LF 300 $14 OC $4~200 O0 $14 ~ ~2~ O~ $25 00 $7~500 ~ $21 95 $8r585 O0
P~sed Roadway
~2 l"TypeS411AsphaffieSu~aceCou~e Ton 825 $14000 $115~500 O0 S7000 ,, $57,750 O~ ~8000 $66~000 Og $~23 56 $101~937 O0
Pmposed Roa~ey Reca~s~on
13 I 1~" T~ S4~1AepHa~ Ton 89 $175 00l $15~575 ~0 $70,00 $6~230 O~ $200 O0 $17,800 00 $~53 05 $13~621 45
14 ~' Llmemek Base yd~ 12~ $10 O~ $12~0 O0 $10 O0 $12~480 OC $12 O0 $14~952 O~ $14 06 $17~518 76
15 12' S~bfllzed Su~mde yd; 1360 $12 O0 $16~320 O0 $8 5G $11~560 O~ $5 O0 $6~800 Og $7 12 $9,~83 20
16 D~lded Roadway E~ch 6 $31 ~ OO~ $~8~ OO $3~0~ ~0 S180~000 O~ $18~775 O0 $112~0 00 .$4~288 45 $25~610 70
17 Paver BHck Speed Table Ea~ 5 $6~5~ 00, $32~500 O0 $10~000 O0 $50~000 O~ $10r000 ~ $50~000 ~ $3~635 82 $18~179 10
18 AsphaN Ddveway Apm~ w/Be~e y~ 1888 $41 O0 $77~408 O0 $30 ~ $56~40 OC $27 O0 $50,976 O~ $21 06 $39~761 28
19 Con~mte DHvewa~ Ap~n 19369 ~7 00' $135~583 ~ $4 5~ $87~160 5; $3 O0 $58r107 ~ ~ 39 $85r029 91
20 5' Sidewalk Cen--ken {4' Thlek)LF 4326 $11 ~ $47~586 O0 $17 O0 $73~542 O~ Sl 5 O0 $64~890 Oa S22 52 $97~421 52
21 5' SId~al~ Co~c~; (~" Thick) LF 170 $12 O0 $2t040 O0 $18 5~ $3~145 0~; $20 ~ $3~0 O0 $25 42 $4~32~ 40
22 8' Sl~e~'~l~ Cons~c~'~ (~' Thick) ~ 74 $13 O0 $~2 O0 $30 ~ $2,220 ~ ~32 ~ $2~8 O0 ~30 11 $2~228 14
23 Pmp~ed Pav~ ;~ek R~;6~on' yd~ 18~ $104 ~0, ~ $18~720.00 ~60 O~ $10~B~ OC $50 O0 $9,000 O~ $83 gO $11~502 O0
24 8' DIP Wa~r Main LF 3019 $2100 ' $63~399 O0 ~220G $66~418 O0 $2800 S84~532 001 $2797 $84~441 43
25 6" DiP Wa~rMam LF 82 $22 ~ $I~04 O0 $40 O~ S3~280 O0 $100 O0 $8~200 O01 "'$33 14 $2~71~ 48
26 4" PVC Wa~r Main ~ LF 58 ~ O0 $~4 O0 $20 O~ $1~160 001 $100 O0 $5~800 O01 S28 79 $1~669 82
27 12'xa" Ol Tapping Sleeve & 8' Valve Ea~ 2 $2,200 O0 $4.400 O0 '~1000 ~ $8i000 OC $5t450 O0 $107900 O0 $3T978 27 S7r9~ ~
28 8'x8" DI Tapping Sleeve & 8' Valve Ea~ ' I S2t300.00 S2~300 O0 $3~8~ O~ $3,800 DC $4t350 O0 $~,350 OO $3~186 55 $311~ S5
29 8"x6" DI Topping Sl~ve & 8" Valve I E~ 2 $1,~0 ~ $3,200 OO $2r800 0~ $5~600.0C $3~800 00 $7~600 O01 $2~520 02 $5r0~ 04
30 12'x4'OlT~ppln~Sleevew/Va~e Ea~ 1 $1~950 ~ $Ir950 00 $3r450 0~ $3~450 00 $4,35000 $41350 00~ $3~390 23 ~r390 23
31' 8" DI GI~ Valve Ea~ 18 $8~ O0 $16~020 O0 $750 O~ $13~500 O0 $880 O0 $15r~0 00' $1t054 62 $18~963 16
6' Df Gate Va~e' Ea~ 1 $725 ~0 $725 QQ '" $65Q O~ $65Q 00: $640 O0 $6~ 001 ~84 69 $68489
32
33 4' DI Ga~ Valve Ea~ I $675 O0 $675 O0 $5~ O~ $500 O0 $540 O0 $540 O0 ~95 60 $595 ~
~ F~II & Flush Cannecffon Ea~ 11 $Ir345 O0 $14,795 O0 $1,000 OC $11r000 O0 $430 O0 $4~7~0 00' $150 25 $1r652 75
35 Sample Point' Ea~ 11 $4~ ~ ~,~Q 00 ~Q0 O~ $3~3Q0.00 5250 00 S2~750 00 $379 36 $4~ 172 98
36 Fire Hyd~nt Aseembly~ Each 3 $2~500 O0 $7~500 O0 $2~400 O~ $71200 O0 $2r480 ~ $7r~0 O0 $2t2~ 26 S6t762 78
37 ~ Ffm H~d~nt ~ be ~;ed Each 7 $1r000 O0 $7~000 O0 $11300 OC $9r100 O0 $2~000 O~ $14r000 DO' $1~021 68 $7t151 7~
38 Con--ct Wa~r Se~lee (Single) ;~ 3 $580 00 $I~74Q QQ $80Q 00~ $2~400 OO; $520 O0 $1~560 00i $847 64 $21~2.92
39,, Reloca~ Rear. Si~le Se~lee; , Ea~ 12 $680 O0 $8~ 160 O0 $1t000 OC $12,000 QO $640 O~ $7~680 O0 $987 ~ Sl 1~848,32
40 Retoeate Rear. Double Se~lce Ea~ 2 $7~ O0 $1 r500 O0 $1rgo00C $3~800 O0 $1~200 O~ $2r400 00' $1 ~ 53 $2~601 ~
41 Conne~ ~l~ng Wa~r Se~lce (1'} ' Ea~ 24 $550 QQ $13 200 QO $250 O~ $6~0 00 $390 O0 $9~360 O0 $333 23 S7~997 52
42 Conneet~l~ngWa~rSe~lee~ Each 2 $75000 ~1r500 O0 $550 O01 $1r1~ O0 $590 OO $1r180 O0 ~7407 $1r148,14
43 ' CO~; ~ ~1~ Wa~r Se~lee ~'~ Ea~ I $850 O0 $850 O0 $800 OOi $BO0 OD $980 O~ $980 O0 $1t~2 89 $1~2 B~
44 Type "C" Intel; Ea~ 10 $1 ~85~ O0 $18rSQO O0 $2.100 OO] $21~000 O0 $2~250 Oa $22~500 O0 $2~9 87 $20r098 7~
45 $~ Manhole Each 9 $2~750 O0 $24t75a O0 $2t700 O0 $24t300 O0 $2,470 O0 $22~230 O0 $2~534 28 $22~808 52
46 Conflict S~ctum Ea~ 5 $3~500 O0 $17~500 QO $5,000 O0 $25~000 ~$8,0~ OG $40r000 O0 $3~493 84 $17~469 2;
47 FDOT ~ndex 273 End Semen Ea~ 3 $21500 QO $7~500 QO $1 ~25Q OOI$3~750 O0$1~500 O~ ~ 500 O0 $3,342 36 $10r027 08
48 18'RCP LF 349 $24 O0 $8t378 O0 $33 001 $11r517 O0 $50 Og $171450 O0 ~2.88 $21~875 32
49 24' RCP LF 1396 $38 O0 $50r256 O0 $45 O0 ~2~820 O0$52 O; $72~592 OQ ~9 ~ ~9r171 6;
50 Sand Ceme~ RI~Rap ~ ~66 $14 ~ $2t324 ~ $25 001 ~150 QQ $5Q 0~ $8t300 OO $9 95 $1~651 7C
51 8' DIP $an~ $e~rMatn LF 359 $28 00 $10~052 00 $50 00 $17~950 ~$37 0~ $13~283 00 $59 0g $21r213 31
52 Sani~ SewerManhale Ea~ 1 $4r599 00 ~599 00 ~r450 00 $3r450 00$4~000 0~ $4~Q00 00 $2.612 58 $2~612 ~
53 Connect ~ ~is~; San~ Man~ole Ea~ 1 $1 ~100 ~ $1 ~lO0 ~ $2~Q~ 00~ $2~0Q0 OQ.. $2~QaQ 0a $2~000 00 $2t364 85 $2~364 ~
54 Remove ~l~n; 2' Water Main LF 1879 $2.50 $4r 197 50 $2 00 $3~358 00$8 0Q $10,074 0O $4 27 $7r169 33
55 Wa~rMaln ~ be Aba~den~ LS 1 $17r000 00 $17~000 00 $1r500 00 $1~500 00$10,~0 0~ $10r~0 00 $20~018 31 $20t018 31
56 ~e,;ove ~n~ 12' RCP LF 5 $136 Q0 ~ Q0 $80 00 ~QQ ~ $79Q Q01 $3~950 00 5243 921 $1~219 6~
57 ~,~ve ~;~g 15' RCP LF 3 $231 00 ~93 00 $135 00 $405 00 $790 00J $2~370 00 $243 92 $731 76
58 Re~ve CaSh Basin Ea~ 2 $1,385 0O $2,770 0a 5450 00 $g00 00 $1~300 00i $2r60D 00 5950 08 $1.~0 ~6
59 ~* Chaln~ink ~e CF 36 $22 ~ 5792 ~ $30 QO~ $1~Q80 00$50 0~J $1~800 00 $17 55 $631 80~
80 Chalnllnk Ga~e LS I $500 00 5500 00 $850 00 $850 00 $I~800 ~ $1r800 00 $233 92; $233 92
01 Reloea~ ~;.~ Chalnllnk ~n~ LF 115 $35 O0 $4~025 O0 $12 ~ $1r380 O0$30 DC $3t450 O0 $8 78~ ~1T009 ~
62 Re~inlng Wall C~b~c~o~ LF 50 $120 ~ $6~0 ~ $~ O0 $2~500 O0$100 0~ $5~000 O0 $187 13~ S9~358,50~
$20 O0 $14.04 S3r861 ~
83 4' Sch ~0 ~C Slee~ LF 275 $16 ~ ~0 O0 $16 O0 ~400 O0 ~$5r500 O0
84 ;.,;~b'on Wamr Se~lee wi~ B~ Each 7 $1 ~250 O0 $8~750 O0 $t ~250 O0 $8~750 O0 S2~000 O0 $14~000 O0 $575 29 $4~70~
Proposed Lands~p~ng
6~ La.dec.ping ;,,;~o~ Sysmm LS 1 $0 00 S0 00 $0 00 S0 O0 $0 00 $0 00 $0 O0 S0 0~
87 Glaucous Ca~ts Ea~ 17 S280 ~ $4~760 ~ $300 Q0 $5~100 QQ $19Q 0Q~ $3.230 Q0 $257 311 ~374 27;
~8 Sl~er ~wood Ea~ 15 $230 00 ~4~ 00 ~00 00 $4~500 00 $190 00 $2~850 00 $254 97 $3,824
69 O~n~e Gel;er Tme Ea~ 24 S280 O0 $6.720 O0 $300 O0 $7,200 O0 $1~ ~ $4r560 O0 $292 39 $7,017
70 Ja~pha T~ Ea~ 10 $175 O0 $1~750 O0 $3~ ~ ~,5~ ~ $190 OOi $1~900 O0 $210.53~ $2~105 30
71 OleandeFSMnda~ Ea~ 3 $185 O0 ~555 O0 S250 O0 $750 O0 ~20 OC ~60 O0 S198 83: $596 49,
72 * Black Ironwood Ea~ 8 S350 O0 $2,800 O0 S400 O0 $3,200 O0 $125 O0 $1r000 O0 $292~39' $2,339 12
73 P~h Apple Ea~ 20 $230 O0 $4,600 ~ $3~0 O0 $6,~0 O0 $125 OO $2~500 OO S292 39 $5~847
74 Plgeofl Plum Ea~ 12 $300 O0 $3 600 O0 S350 OO $4~200 O0 $125 O0 $1r500 O0 $285,38 $3,424 5~
75 Pink Taeebula Ea~ 12 $230 O0 $2r760 O0 S350 O0 $4~2~ O0 $125 O0 $1~5~ O0 $251 46 $3 017 52
76 Gumbo L;mbo Ea~ 18 $225 O0 $3~600 OO $350 O0 $5~6~ ~0 $250 O0' $~,000 O0 S245 61 $3~929 76
77 Royal Poinciana Ea~ 4 $225 ~ S900 O0 $350 O0 $1t400 O0 $1 ~000 O0 $4r000 O0 $257 31 $1r029 24:
78 Yellow Poinciana Each I ~25 O0 $225 ~0 $350 O0 $350 O0 $I~250 O0 $1~250,00 $245 61 $245 6~
79 Live Oak Ea~ 13 $220 O0 $2,880 O0 $~0 ~ $5,2~ O0 $375 00' $4r575 ~ $257 31 $3.345 03
80 Ps.dias Tree Ea~ I $230 O0 $230 O0 ~400 O0 $400 O0 $250 00 $250 O0 S233 92 $233 92
81 We~ Indian Mahogany Tree Ea~ 6 $225 O0 $1r350 O0 $400 O0 $2.400 O0 $350 O0 $2~ J O0 O0 $254 97 $1,529 82
S18 781 18
82 ~Reco~ D~wing= LS 1 $1 1~ O0 $1r1~ O0 $3,000 O0$3 000 O0 $8 ~0 O0 $8000 OB $18 781 18
I $1,~5,925 50 Sl,477,234.75 S1,569,479.00 $1,~26 226.08~
Date:
March 25, 2003
AGENDA ITEM NUMBER:
Request to be placed on:
AGENDA REQUEST
X Consent Agenda Regular Agenda Workshop Agenda Special Agenda
When: April 1, 2003
Description of Agenda Item (who, what, where, how much):
The attached agenda request is for Commission authorization/approval for Mayor to
execute contract with Douglas N. Higgins, Inc. for the construction of the Seacrest
Neighborhood Improvements Phase IV. This contract generally consists of: The
furnishing and installation of potable water distribution mains and services,
abandonment or removal of existing water mains and services, furnishing and
installation of sewer main with service connections, asphaltic concrete pavements,
concrete sidewalks, traffic calming measures, storm water drainage improvements,
retention pond excavation, driveways, swale improvements, landscaping, irrigation,
restorations and associated miscellaneous improvements.
Fundin~ will be provided as follows:
Description Account Number Balance* Contract
Roadway Bond 370-3162-541.65-43 $343,099.14 $343,099.00
Drainage 448-5470-538.65-43 $768,262.00 $755,280.25
Seacrest Water Mains 442-5178-536.65.03 ~ $118,918.00
* Following Budget Transfer
Department Head Signature: v ~-~;k-o~,
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:~ No Initials:
Account Number eS~Above
Description See Above
Account Balance: See Above
Funding ~ternatives: (if applicable)
City Manager Review: ~/ fi]q/
Approved for Agenda: No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2002\2002-040\CONTRACT\agenda.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director
GOLF COURSE RECLAIMED WATER MAIN
March 25, 2003
TO:
FROM:
SUBJECT:
DATE:
www mydelraybeach com
We are in the process of completing the engineering plans and specifications for bidding and
construction of the reclaimed water main to be installed on the Municipal Golf Course during the
green reconstruction project. For the most part, the alignment of the transmission main on the golf
course will follow the site perimeter, outside of areas of play. The exception to this is the seventh
green at the northwest comer of the course abutting the radio station and just south of Atlantic
Avenue. The green is very close to the boundary with the radio station and the transmission main
must be built around it to the north and west. In coordinating our construction efforts with the
greens reconstruction project, we understand that the grass being used on the new greens requires
at least six weeks to establish itself prior to reopening the golf course to play in September,
meaning that the greens must be planted by mid-July. Construction coordination is complicated by
the fact that there is a thirty day lead time for the delivery of the pipe material to be used on the
transmission main project. While we are expediting the reclaimed transmission main planning,
bidding, and contract award activities as much as possible, it will be the end of May or beginning
of June before construction begins. In view of the foregoing, we have solicited a quote from
National Waterworks, Inc., our current annual pipe material supplier, for materials required for
constructing the reclaimed water main in the vicinity of the seventh green. Our goal is to purchase
enough materials prior to bid award to enable the successful bidder to begin construction on the
main around the seventh green without the thirty day delay anticipated for material delivery. The
installation of the main in this area will be the first portion of the system to be constructed so that
the green planting may be accomplished in the necessary time frame.
The attached schedule of materials includes 300 feet of 24-inch transmission main with
appropriate fittings and restraining components, and totals $23,414.78. Funding for this purchase
is available in Connection Fees account g441-5181-536-63.90, Other Improvements. Please place
this item on the April 1 regular agenda for consideration by Commission.
/rch
C~
Dan Beatty, P.E., Deputy Director of Public Utilities
Bill Grieve, P.E., Asst. City Engineer
Robert A. Barcinski, Asst. City Manager
03/24/2003 !ION 15:58 FAX 561 845 7267 N,4TL WATERWORKS 0:39
Run Date 3/24/03 NATIONAL WATERWORKS, INC.
DEL~Y BEACH, CITY OF
STOCK
100 NW 1ST AVR
DELRAY BEACH FL
Telephone: 561-243-7000
561-243-7166
33444
~W - Wes= Palm Beach FL
!10! W l?th Street
Riviera Beach PL
Telephone: 561-848-4396
~00~/002
33404
3/21/03 Bid ID: 698379 REUS~ LINE JOB
Sell
Line Quantity Per
10 300
20 6
3O 8
40 14
50 14
Description
FT 24 TJ PR250 DI PIPE C/L
24 MJ 45 BE~TD C/L CP DI C!53
24 MJ 22-1/2 B~ND CP DI C153
EA 24" MEGALU~ MJ RESTRAINER 1124
EA 24 MJ ACC GSKT
Subtotal:
Net
Price
28.81
827.00
8?4.00
201.27
Page 1
Extended
Price
8,643.00
4,962.00
6,992.00
2,817.78
23,414.78
Tax: .00
Bid Total: 23,414.78
· d:~-27-~(THU) 10:2@ JCD SPORTS G'ROLP (FAX)501 265 2752 P.
TO: Bob Barcinski
FROM: Sharon Painter
CC:
Brahm Dubin
Ward Northrup
Tom Arendt
DATE: March 26, 2003
RE: Construction Time-Lines
Attached is a memo written by Tom Arendt dated 3/24103, explaining his
concerns about the timing of the effluent pipeline installation.
In talking today with Ward Northrup and Torn Arendt it was concluded that it is
imperative to have any pipeline that will effect the ~/' green complex installed by
June 9t~.
Ward and Tom both told me, Dave Mathews with Mathews Consulting who is the
engineer assigned this project, told them it would take at least thirty days to
purchase and receive pipe after a bidder is selected. If the successful bidder
were to purchase the~ pipe on the day after the City Commission bid award
approval on April 28 , the pipe would not arrive on-site until May 28th at the
earliest.
As Tom states in his memo, it was suggested the necessary pipe be purchased
in advance by the Ci~ so that effluent pipeline work around the 7~ green area
could begin on May 5'" when the golf course construction begins.
It is our recommendation that the pipe be ordered by Environmental Services so
the successful bidder can have the pipe on-site and ready for installation. This
process would give the successful bidder an additional thirty days to install the
pipe around the #7 greens complex and not delay the golf course construction.
Any delays in the goff course construction process could potentially delay us in
reopening the goff course on September 1. Consequently, a delay in the opening
of the course will also negatively affect revenues.
Please advise us if you agree with our recommendation to move fo~ard in the
ordedng of pipe or if you recommend another solution to the time-line issue.
Thank you for your attention to this matter.
~R-2?-29~(THU)
10:2~
JCD SPORTS GROUP
(FAX)561 265 2752
Memo
To; Sharon Palnt~
Fren~?om A.
CC~ Brahm Dubln
I attended a meeting with Dave Mathews (consulting engineer who is putting together
the recycled water pipeline c~nstruction), Ward Northrup and Richard Hasko.
It appears that thek starting date is geffing a bit late with the award of the contract
proceedi~ as follows:
Pre-bid meeting -- ,April
Bid oper~ng April 24m
Commission award-April 28~
Constn,K:tion time June 1 = to Sept 1-
The conflict that I see is in the work around 7th green, The golf course contractor
has to get the greens built and planted as early as possible in order that we have
time to grow then in. We cannot "go back' to finish this comer after the pipeline
contractor comple~es his work, One of the pipeline time problems is caused by the
30 day delivery wait for the pipe. The conl~u-tor will have to wait at least 30 days
after he orders pipe to receive delivery. The sucx:ess~ contractor will be named on
Apn'124~ pushing the start date to June 1.
it was suggested that 1Ns timing problem could be solved by purchasing some pipe
in advance and the pipeline contractor starting his work in the 7a green area. I think
~R-27-2q~(THU)
18:29 dOD $PORT$ GROUP (FAX)501 265 2752
P. 8e4/~4
this is a good solution to the problem and we should proceed with ordering pipe.
Who will start this process? Finances are coming from Environmental and they will
probably write the purchase order.
Impact of this constn~on will be minimal in all a'eas other than the surrounds of the
7~ green.
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
Date: March 25, 2003
When: April 1, 2003
Description of item (who, what, where, how much): Staff requests Commission approval for the
purchase of 300 feet of 24-inch reclaimed water transmission main with appropriate fittin.qs and
restraininq components in the amount of $23,414.78 from the City's annual pipe material contract.
These materials will be installed by the successful bidder on the Municipal Golf Course in
coniunction with the Golf Course green reconstruction and reclaimed water project. This
purchase is necessary to accommodate the coordination of scheduling of multiple activities on the
site and ensure project completion by the course opening date in September. Funding is
available in Connection Fees, account #441-5181-536-63.90, Other Improvements.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the purchase of materials for construction of
portions of a reclaimed water tn~al"~r~ission main on .the Municipal Golf Course.
Department head signature:[ !~.~t~~C-~~ ,-Z;;~.~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re..%q~ed on al~items~nvo)ving exDenditure of funds):
Funding available NO ~/~-~/o~ '~-~-z-n ~ o "~
Funding alternativ?
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:/¥E,~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.(if applicable)
MEMORANDUM
TO:.
FROM:
THROUGH:
DATE:
David Harden, City Manager
Patsy Nadal, Buyer
Joseph Saffor~nanc~ Director
3/27/2003
SUBJECT: APPROVAL OF UPGRADE TO WATER METERS-INVENSYS METERING SYSTEM
Item Before Commission:
City Commission is requested to approve the purchase of required items needed to upgrade the
Invensys Metering System (Touch Read), currently installed in the City of Delray Beach, for the sum of
$138,200.00. The upgrades will include Radio Read units that will interface with the current hand held
keypads, Vehicle Transit unit, mapping software and hardware i.e. portable computer. The vadous parts
and supplies needed are available from Invensys Metedng System as a sole source provider.
Background:
In 1997, the City of Delray Beach awarded contract #97-212/PR for a new metering system to be
supplied and installed by Sensus Technologies, Inc. In 2001, Sensus Technologies, Inc. became
Invensys Metering System. The Touch Read meter system that was installed in 1997 was designed
with migratable technology.
The upgrade to Radio Read technology would decrease the time of meter reading and increase
productivity. The Vehicle Transit units would eliminate the need for the meter reader to stop at each
customer location to obtain the reading. Instead, a Vehicle Transceiver would be used, enabling the
meter readings to be collected by driving within range of the Radio Read equipped meters, collecting
transmitted data readings and automatically storing it in a portable computer. The data is later transfer to
a desktop PC for generating management reports or printing customer's bills.
With the City of Delray Beach increasing number of accounts and some of the more challenging access
areas, i.e. beach residents, the upgrades to the Invensys Metering System will allow the meter readers to
utilize the new technology and increase the meter reading productivity a minimum of 30% while allowing
the City to utilize the meters currently installed.
Recommendation:
Staff recommends the purchase of required items for upgrades to the current installed meters from
Invensys Metering System as a sole source in the amount of $138,200.00. Funding is available from
account numbers: 441-516-1536-64.90 $ 30,200.00
441-516-1536-52.31 $108,000.00
Attachments:
CC:
Quotation #10610
Email Request from Barbara Schooler, Ublities Customer Service Manager
Requisition Approval from MIS
Jackie Rooney, Purchasing Manager
From INVENSYS MFTFRING.SY
To 561-243-7166 MS NAD[ELL Msg#12:369 0 I
Quotation Ruknouled~emunt
03/11/2003 11 04 19 Page 2_ of 4
Pa fl~- 1
Your Quote Number: 10610
Referenue: FtRND HELD
Bill to Customer: 196350
RTTENTIDN MS. PRSTY NRDELL
DELRRY BERCH CITY DF
lO0 NW iST RVE
DELRRY BERCH FL 33qqq
Salesman: PRNRSUK GREGDRY F
TErms: NET 30 DRYS
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Part#: 5395q9003500!
VEHICLE TRRNSCEIVER UNIT (VXU)
W/COMPUTER RND VXU DPERRTING
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MODEL 3500
Part#: 5395q80035009
RUTOVU MODULE RY BOUNTY
WO/CD DRIVE
Part#: 53907737qOZOl
UPGRRDE PROGRRM, UPGRRDE TO
RRqOOZ HRND HELD DEVICE
RRDID RERD UNIT W/RLPFtRNUMERIC
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Part#: 5395qSq700131
RUTDRERD WINDOWS UPGRRDE
TO WINDOWS HRNDHELD, RRDIDRERD
RND VEHICLE SYSTEM MODULES DS
Part#: 5395q53705503
METER TRRNSCEIVER UNIT (MXU)
MODEL 505 MXU IIB- TRN
Ship to Customer:
DELRRY BERCH CITY OF
100 NW 1ST RVE
DELRRY BERCH FL 33444
Effec[~ve Date:
Exper'at ~orl DALE:
Quantlt~ U/M
1 ER
1/03/03
9/30/03
US Dollar
Unit Pr~ue
19,089.000
1 ER
5,911.000
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FOB DESTINRTION.
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From INVENSYS METERING SY
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Quotation RcknuuledBement
03/1112003 11 04 19 Page3of4
Pa~e Z
Your Quote Number: 10610
US Dollar
Description
Quantltp U/M Unit Price
**** THIS PRGE INTENTIDNRLLY LEF] BLRNK ****
Rs pour representative about the Great Water Robberp II pro,ram. Get details
url hoc to receive either a Detector Tester or an RutoRcad Handheld device
Free u~th the m~n~mum purchase uf large cater meters.
IF MODIFICRTIONS IN METER MRTERIRLS OR PROCESSING RRE REQUIRED TO MEET
NEW REGULRTIONS, THE PRICING SUBMITTED IS SUBJECT fO IMMEDIRTE CHRNGE
Thank pou for pour interest
Current as of: 3/11/03
Corr~spondcnue:
INVENSYS METERING SYSTEMS
SUITE 160
6621 DRY CIRCLE
NORCROSS, Ga 30071
in qual i tp products bp InvP-nsps Meter~nfil Spstems
Purchase Orders:
INVENSYS MEIERING SYSIEMS
PO BOX 487
UNIDNTDWN, PR 15qo1
PHONE: 800-MEfER-If
800-638-37qB
FRED L. RUSSELL. ReB~unal Sales ManaGer
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Clear Day Page 1 of 1
Nadal, Patsy
From: Schooler, Barbara
Sent: Wednesday, March 05, 2003 10:43 AM
To: Nadal, Palsy
Subject: Req 102967
Justification for purchasing Vehicle Transceiver Unit:
1. Invensus has been approved as a sole source vendor.
2. We currently have invensus touch-pad meters throughout the city. This request is an upgrade to radio read
for the beach area to cut the time for reading those meters.
3. With our increasing addition of new accounts we will either need a new meter reader or begin estimating
accounts. This new system will help the meter readers.
Thanks,
Barb
3/5/2003
AGENDA ITEM NUMBER:
AGENDA RECIUEST
Request to be placed on: April 01, 2003
Date: September 14, 2001
XX Consent Agenda
Special Agenda
Workshop Agenda
Description of agenda item:
City Commission is requested to approve the pumhase of required items needed for
the upgrade of the Invensys Metering System (Touch Read), currently installed in the
City of Delray Beach, for the sum of $138,200.00. The upgrades will include Radio
Read units that will interface with the current hand held keypads, Vehicle Transit unit,
mapping software and hardware i.e. laptop. The various parts and supplies needed
are available from Invensys Metering System as a sole source provider.
ORDINANCE/RESOLUTION REQUIRED: YES
YES
NO X
Draft Attached: NO
Recommendation:
Approve purchase of various items for the upgrade to the Touch Read metering system
currently installed in the City of Delray Beach for the sum of $138,200.00 from Invensys
Metering System, as a sole source provider. _~.~__. ~
Department Head Signature: -
Determination of Consistency '~mprehensive ;lan: ~'
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ,--/ No ~,~C ~/:~ ?/~'~
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
No
Agenda Coordinator Review.
Received:
Action: Approved Disapproved
TO:
THRU:
FROM:
SUBJECT:
o^w ,1 _
CONDITIONAL USE REQUEST TO ALLOW A DENSITY OVER 30 UNITS PER ACRE IN THE
CENTRAL BUSINESS DISTRICT (CBD). THE REQUEST IS IN CONJUNCTION WITH
OCEAN CITY LOFTS, A PROPOSED 1.44 ACRE MIXED-USE DEVELOPMENT TO BE
LOCATED AT THE SOUTHEAST CORNER OF NE 2"D STREET AND NE 4TM AVENUE AND
ON THE WEST SIDE OF NE 4TM AVENUE 100' SOUTH OF NE 2"D STREET.
The development proposal incorporates Lots 1-5 of Block 99, Resubdivision of Blocks 91 & 92 and the west ¼
of Block 99 of the Town of Linton plat (east parcel) and Lots 9-12 of Block 91, Resubdivision of Blocks 91 & 92
and the west ¼ of Block 99, of the Town of Linton plat (west parcel). The two properties contain 1.44 acres
and are zoned CBD (Central Business District).
The preperty contains four (4) commercial buildings that were constructed between 1935 and 1949. The
preperty was rezoned from GC (General Commercial) district to CBD (Central Business District) as part of the
citywide rezoning on October 1, 1990.
A conditional use application has been submitted for a mixed-use development to allow density over 30
dwelling units per acre (43.75 units per acre proposed). A detailed description and analysis of the proposal is
contained within the attached Planning and Zoning Board staff report.
At its meeting of March 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was several members of the public which provided public testimony regarding the Conditional
Use request both in favor of and opposition to the request. After reviewing the staff report and discussing the
proposal, the Board voted 4-2 (Pike absent; Sowards and Borchardt dissenting) to recommend approval of the
Conditional Use request for the mixed-use building with a density of 44 units per acre, based upon positive
findings with Section 4.4.13(I) (Performance Standards for Density), Section 2.4.5(E)(5) (Conditional Use
Findings) and Chapter 3 (Performance Standards) of the Land Development Regulations (LDRs), as well as
applicable policies of the Comprehensive Plan. Chairman Sowards had concerns with respect to parking and
felt that all parking should be provided on-site (no in-lieu spaces) and Board Member Borchardt felt the
applicant did not sufficiently meet the Performance Standards to justify the increase in density. The Board's
recommendation of approval was made subject to the conditions contained in the staff report.
Approve the Conditional Use request to allow a mixed-use development for Ocean City Lofts with a density
greater than 30 dwelling units (approximately 44 units per acre), based upon positive findings with respect to
Section 4.4.13(I) (Performance Standards for Density), Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Conditional Use Findings) of the LDRs, and the policies of the Comprehensive Plan, subject to the
conditions contained in the staff report.
Attachment: P&Z Staff Report and Documentation of April 15, 2002 (~(~
PLANNING AND ZONING clOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
March 17, 2003
IV. A.
Conditional Use Request to Allow a Density in Excess of 30 Dwelling Units Per Acre
(44 units per acre proposed) For Ocean City Lofts, a New Mixed-Use Development
Containing 63-Loft Style Residential Condominiums and 5,315 Square Feet of Retail
Uses (Quasi-Judicial Hearing).
GENERAL DATA:
Owner ........................................ LGG, inc. / Robert and
Susan Ridgley
Applicant .................................... City Center Development,
LLC
Agent .......................................... Weiner & Aronson, P.A.
Location ...................................... East and west sides of NE
Avenue, South of NE 2"d
Street.
Property Size .............................. 1.44 Acres
Future Land Use Map ................CC (Commercial Core)
Current Zoning ............................ CBD (Central Business
District)
Adjacent Zoning ....... : ........ North: ~BD--- RC (C-entraI-Business-
District- Rail Corridor)
East: CBD (Central Business
South:
West:
Existing Land Use ......................
Proposed Land Use ....................
Water Service .............................
Sewer Service .............................
District)
CBD (Central Business
District)
CBD (Central Business
District)
Retail/Office/Residential
Construction of a new mixed-
use development containing
63-1off style residential
condominiums and 5,315
square feet of retail uses.
Existing on site.
Existing on site.
N 6 2ND
ATLANTIC AVENUE
IV. A.
The action before the Board is making a recommendation to the City Commission on a
request for Conditional Use approval to allow a density over 30 dwelling units per acre in the
Central Business District (CBD) for Ocean City Lofts, pursuant to LDR Section 2.4.5(E):
The subject property is located at the southeast corner of NE 2nd Street and NE 4th Avenue
and on the west side of NE 4~ Avenue.
The development proposal incorporates Lots 1-5 of Block 99, Resubdivision of Blocks 91 &
92 and the west ~ of Block 99 of the Town of Linton plat (east parcel) and Lots 9-12 of
Block 91, Resubdivision of Blocks 91 & 92 and the west ¼ of Block 99, of the Town of
Linton plat (west parcel). The two properties contain 1.44 acres and are zoned CBD
(Central Business District).
The property contains four (4) commercial buildings that were constructed between 1940
and 1986. The property was rezoned from GC (General Commercial) district to CBD
(Central Business District) as part of the citywide rezoning on October 1, 1990.
A conditional use application has been submitted for a multiple family residential
development to allow density over 30 dwelling units per acre (43.75 units per acre
proposed).
The conditional use request involves the establishment of a 4-story mixed-use structure
which will contain 5,315 sq. ft. of commercial floor area and 36 loft style condominium units
(east parcel) along with a 4-story residential structure (west parcel) containing 27 loft style
condominium units. The conditional use request is to allow a density increase from 30
dwelling units per acre to 43.75 dwelling units per acre.
The development proposal incorporates the following:
Demolition of the existing buildings which currently contain office, retail, residential
and abandoned warehouse uses.
Construction of two four-story buildings. The 4-story eastern building will contain
three floors with 5,315 sq. ft. of ground floor commercial area, a ground level parking
garage (60 spaces); 36 two-bedroom units, eighteen of which are located on the 2nd
floor and 18 on the third floor with 2nd level mezzanine/lofts. The 4-story western
building will contain a ground level parking garage (63 spaces), 6 efficiency units and
21 one-bedroom units on the second, third and fourth floors;
Planning and Zoning Board Staff Repo'"'-'
Conditional Use Request- Ocean City ,_.,As
Page 2
Construction of an amenity level which contains a pool, hot tub, outdoor showers,
restroom facility, gazebo with a refreshments bar and barbeque cooking grill on the
west side of the western building. Additional amenities for the residents include
covered parking garages.
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, the staff
report, or minutes. Findings shall be made by the body, which has the authority to
approve or deny the development application. These findings relate to the following
four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district
and the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of CC (Commercial Core) and
a zoning designation of CBD (Central Business District). The zoning district is consistent
with the Commercial Core Future Land Use Map designation. Pursuant to LDR Section
4.4.13(D)(15), within the CBD zoning district (property located south of N.E. 2nd Street and
north of S.E. 2nd Street) multi-family dwelling units, excluding duplexes, at a density greater
than thirty (30) units per acre are allowed as a Conditional Use. In addition, the
development must be consistent with the Performance Standards and limitations of LDR
Section 4.4.13(I). As discussed later in this report, positive findings can be made with
respect to the referenced performance standards. Thus, positive findings can be made with
respect to Future Land Use Map consistency.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
Preliminary water and sewer plans have not been submitted however, the following is noted:
Water service will be available via service lateral connections to the 8" main located
in the NE 4th Avenue right-of-way.
r~ Sewer service will be available via service lateral connections to the 8" main located
in the NE 4th Avenue right-of-way.
A fire hydrant is located at the southwest corner of the eastem property which
provides adequate fire suppression.
Planning and Zoning Board Staff Repo'"'-'
Conditional Use Request - Ocean City -offs
Page 3
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for the
City at build-out. Based upon the above, positive findings can be made with respect to
these levels of service standards.
Drainane:
Preliminary drainage plans were not submitted which indicate the method in which drainage
will be accommodated. However, the specifics of the drainage will be addressed in greater
detail during the site plan review process. While there are no problems anticipated in
accommodating on-site drainage, it is noted that drainage must be accommodated on-site
and is attached as a condition of approval. Based on the above, positive findings with
respect to this level of service standard can be made.
Streets and Traffic:
The proposed commercial and residential uses will generate a total of 916 average daily
trips and the existing uses of commercial, office, warehouse and residential currently
generates 751 average daily trips. Thus, the development proposal will generate 165 new
average daily trips. The subject property is located in the City's TCEA (Traffic Concurrency
Exception Area), which encompasses the CBD, CBD-RC, and OSSHAD zoning districts, as
well as the West Atlantic Avenue corrid~3~. The TCEA was established in December of 1995
to aid in the revitalization of downtown, with a purpose of reducing the adverse impacts of
transportation concurrency requirements on urban infill development and redevelopment.
These revitalization efforts are achieved by exempting development within the TCEA from
the requirements of traffic concurrency. It is also noted that if the development was outside
the TCEA area the residential component would still be exempt from traffic concurrency
under Palm Beach Traffic Performance Ordinance, which provides exemptions for infill
residential developments east of 1-95. Based on the above, positive findings with respect to
this level of service standard can be made.
Parks and Open Space:
The Open Space and Recreation Element of the Comprehensive Plan indicates in its
conclusion that "The City will have sufficient recreation facilities at build-out to meet the
adopted standards'; A park impact fee is collected to offset any impacts that the project
may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact
fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. A total fee of $31,500 will be required of this development for parks and
recreation purposes.
Solid Waste:
The existing uses on the properties generate a total of 59.43 tons of solid waste per year.
Trash generated by the mixed-use development proposal (63 residential units and 5,315 sq.
ff. commercial/retail floor area) will be 59.87 tons of solid waste per year [(63 multiple family
units x .52 tons of solid waste per year = 32.76 tons) + (5,315 sq. ft. x 10.2 lbs. = 54,213
lbs./2,000 = 27.11 tons)]. Thus, the development proposal represents a 0.44 ton increase in
Planning and Zoning Board Staff Repo "--'
Conditional Use Request - Ocean City ~.,,~s
Page 4
solid waste generated each year. The Solid Waste Authority has indicated that its facilities
have sufficient capacity to accommodate all development proposals until 2021. Therefore,
a positive finding with respect to this level of service standard can be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the
basis upon which a finding of overall consistency is to be made. Other objectives
and policies found in the adopted Comprehensive Plan may be used in making a
finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies that are relevant to
the Conditional Use applications (increase in density and building height) were
found.
Future Land Use Element Objective A-1 - Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate and complies in terms
of soil, topographic, and other applicable physical considerations, is complimentary
to adjacent land uses, and fulfills remaining land use needs.
The property is partially developed and contains several commercial buildings as well as
surface parking lot. There are no special physical or environmental characteristics of the
land that would be negatively impacted by the proposed mixed-use development. The
development will be complimentary with the surrounding commercial developments and
provide a customer base for the businesses on a year-round basis instead of seasonal,
which provides economic stability for the area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive
Plan states as follows:
One of the most important objectives of the City's overall housing policy is the establishment
of housing in the downtown area. In the years since adoption of the 1989 Comprehensive
Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping
district to a vibrant year-round retail, service, and entertainment area with an active nightlife.
A critical missing element is a significant housing development. The City recognizes the
importance of providing housing in close proximity to shopping, employment, and
transportation, and the need to have a residential base to support the businesses in the
downtown area.
The Ocean City Lofts development will help to fulfill this stated land use need by providing
both commercial and residential uses, and is therefore consistent with this policy.
Commercial Core Future Land Use Map Designation -The Future Land Use Element
(FLUE) describes the Commercial Core designation as follows: This designation is
applied to the community's downtown area. It includes a substantial portion of the
Transportation Concurrency Exception Area described in the Future Land Use
Element and graphically shown in Figure L-8. The Commercial Core designation
accommodates a variety of uses including commercial and office development;
Planning and Zoning Board Staff Repo'"-'
Conditional Use Request - Ocean City
Page 5
residential land use upper story apartments; older homes renovated to accommodate
office use; and uses such as "bed and breakfast" establishment; and
industrial/commerce type uses.
Objective C-4 of the Future Land Use Element states further that The Central
Business district (CBD) represents the essence of what is Delray Beach Le. a "village
like, community by the sea'; The continued revitalization of the CBD is essential to
achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In
South Florida". The following policies and activities shall be pursued in the
achievement of this objective.
Policy C-4.1 The Central Business District (CBD) Zoning District regulations shall
facilitate and encourage rehabilitation and revitalization and shall, at a minimum,
address the following:
deletion of inappropriate uses
incentives for locating retail on the ground floor with office and residential use on
upper floors
accommodating parking needs through innovative actions
[] incentives for dinner theaters, playhouses, and other family oriented activities
allowing and facilitating outdoor cafes
[] incentives for mixed use development and rehabilitation
[] elimination of side yard setback requirements
[] allow structural overhang encroachments into required yard areas.
The proposal is to provide a mixed-use complex consisting of 63 loft-style condominium
units that offer floor plans with a variety of sizes and 5,315 sq. ft. of commercial floor area.
The residential units will help to support the existing retail, service and restaurant uses in
the area, which are still somewhat affected by a seasonal clientele. The project is
consistent with this objective to revitalize the City's central business district.
The concept of a village-type development identified in Objective C-4 should not focus only
on the size and scale of buildings, but also on the sense of community that exists in a small
town. Right now the vast majority of people who visit the central business district do not live
within its borders. This project will place 63 new households and 5,315 sq. ft. of commercial
floor area in a new mixed-use complex along NE 4th Avenue near the downtown.
Additionally, covered ground floor parking garages are included with the development
proposal. These residents will be able to walk to shops, restaurants, cultural venues, and
parks. They will interact on a regular basis with the storekeepers and employees, their
neighbors, and others who frequent the area. They will get to know the downtown much
more intimately than the majority of Delray residents. They will become major participants
in, and contributors to, the downtown community.
In summary, the Ocean City Lofts development is consistent with and will further the
objectives of Future Land Use Element Policy C-4.1
Planning and Zoning Board Staff
Conditional Use Request - Ocean city
Page 6
Transportation Element Policy D-2.2 - Bicycle parking and facilities shall be required
on all new development and redevelopment. Particular emphasis is to be placed on
development within the TCEA Area.
The proposal is located within the TCEA area and bicycle racks have been provided on the
subject property along the east and west sides of the two buildings adjacent to NE 4th
Avenue. Therefore, compliance with this policy has been achieved.
Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas
serving children from toddlers to teens, shall be a feature of all new housing
developments as part of the design to accommodate households having a range of
ages. This requirement may be waived or modified for residential developments
located in the downtown area, and for infill projects having fewer than 25 units.
This policy may be waived for projects in the downtown because the City recognizes the
following: that households located in the downtown are likely to have fewer children than
those located in suburban settings; and, that there are other cultural and recreational
opportunities located in the downtown that are not readily available to residents of suburban
apartment complexes. The proposed development does provide some recreational facilities
to its residents such as a pool, hot tub, gazebo and barbeque grill.
Some of the recreational, cultural, and open space opportunities located in proximity to
Ocean City Lofts include: Veteran's Park, which includes a large playground and
recreational area; the Atlantic Ocean, the City's Tennis Center, the City's Teen Center, Old
School Square Cultural center, and the Milagro Center. As playground areas are located
close by and other facilities that can be utilized by children such as the pool are provided,
this policy has been addressed.
Housing Element Objective 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:
Housing Element Policy B-2.2 - The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children,
and shall be required to provide 3 and 4 bedroom units and activity areas for children
ranging from toddlers to teens. This requirement may be waived or modified for
residential development located in the downtown area, and for infili projects having
fewer than 25 units.
This project will not be excluded to occupancy by adults only. However, it is acknowledged
that downtown dwellings are not typically occupied by households with children. The
proposal is unique in that the dwelling units proposed are a loft style with efficiency, 1-
bedroom and 2-bedroom units with mezzanines. This complex will primarily accommodate
young and middle-age professionals. As allowed by this policy, it is appropriate that there
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not be a requirement to provide 3 and 4 bedroom units nor specific activity areas for
children.
Housing Element Policy B-2.6 - Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to
help stimulate demand for new housing in and around the Central Business District,
the development of new rental housing projects outside of the TCEA and North
Federal Highway area is discouraged.
The development proposal complies with this policy as it provides housing in and near the
downtown area, in close proximity to employment opportunities and services.
Housing Objective A-12: To assist residents of the City in maintaining and
enhancing their neighborhood environment, the City shall take steps to ensure that
modifications in and around the neighborhood do not lead to its decline, such as
those described in the following policies.
Housinq Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
This project is located within the commercial core area of the City and one block west of NE
5~ Avenue (southbound Federal Highway). As noted previously, the residents of this
development will aid in the economic stability of the of the Atlantic Avenue downtown area
as well as the Pineapple Grove Main Street area.
In terms of safety, introducing a residential component to the downtown will likely improve
the stability of the area. It will introduce more night time activity, and more "eyes" to
observe what is happening in the area, which should be a deterrent to criminal activity.
Given these factors the development should enhance the stability of the immediate area.
LDR Section 4.4.13(T) (Performance Standards)
(]:) Performance Standards: These standards shall apply to all applications for new
development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre.
1)
The maximum permissible density of a particular project will be established
through the conditional use process, based upon the degree to which the
development complies with the performance standards of this section, the
required findings of Section 2.4.5(E), and other applicable standards of the
Comprehensive Plan and Land Development Regulations. Notwithstanding the
above, the approving body may deny an application for increased density where it
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is determined that the proposed project is not compatible in terms of building
mass and intensity of use with surrounding development.
The proposed development consists of 63 residential units on a 1.44 acre parcel of land,
which results in a density of 43.75 dwelling units per acre. The development is located in
the CBD zoning district, which allows the residential density to exceed 30 units per acre
subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(:]:)
(Performance Standards), and the Land Development Regulations is provided below.
2) The applicable performance standards for development under this section are as
follows:
a)
The development offers variation in design to add interest to the elevations and
relief from the building mass. For example, the building setbacks or planes of
the facade are offset and varied. In structures having more than two stories,
stepping back of the upper stories (third floor and above) is encouraged to
decrease the perception of bulk. Building elevations incorporate several of the
following elements: diversity in window and door shapes and locations;
features such as balconies, arches, porches; and design elements such as
shutters, window mullions, quoins, decorative tiles, or similar distinguishing
features.
The development proposal is designed to reflect the progressive attitude of the local
area and utilizes the urban fabric of the site in both its elevation and massing. The
proposed three and four story mixed-use and residential buildings have been
designed so that the second, third and fourth stories "step-back" 10' from the first
story (a 20' setback from the property lines adjacent to NE 4th Avenue). Furthermore,
the upper story facades c°ntain plane changes that create alcoves. The building
incorporates unique architectural elements such as curved metal roofs which pitch
away from the street level to reduce the building's massing at the pedestrian scale
and extedor cantilevered balconies which extend from the building to add visual as
well as functional interest to the building facade. There are many architectural
elements included which add visual interest to the building such as decorative
parapets, balconies with cable railings, decorative metal grille applications, stucco
recesses, 12"x 12" square stucco reveals, and variations in window styles including
fixed and awning styles with muntins.
The post-industrial architectural style of the Ocean City Lofts buildings has been
designed to reduce the massing to the street level and be architecturally pleasing.
While this has been accomplished to some degree modification of several elements
may be appropriate. The Site Plan Review and Appearance Board will consider these
elements during the Site Plan approval process. The buildings are located in an area
immediately adjacent to the FEC Railroad and east of the Florida Power and Light
Substation. NE 4th Avenue has existing one and two story buildings and back out
parking that primarily serve uses which do not attract pedestrian foot traffic (i.e.
furniture repair, interior designers, fabric sales, etc.). The zoning district to the north is
CBD-RC (Central Business District- Railroad Corridor) and contains uses which are
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industrial in nature. Thus, with some modifications the proposal can be considered
consistent with this performance standard.
b)
If the building includes a parking garage as an associated structure or within
the principal building, the garage elevation provides unified design elements
with the main building through the use of similar building materials and color,
vertical and horizontal elements, and architectural style. The garage is
designed in a manner that obscures parked vehicles except in places where
unavoidable, such as entrances and exits. Development of a portion of the
ground floor perimeter adjacent to street rights of way is devoted to window
displays or floor area for active uses such as retail stores, personal and
business service establishments, entertainment, offices, etc., is encouraged.
The development includes 5,315 sq. ft. of commercial floor area on the ground floor of
the east building and both buildings include a covered ground level parking garage.
The vehicles within the covered parking area on the east building will be obscured
from view by the first floor commercial bays and planters containing Bougainvillea
vines which will trellis on vertical decorative cables. While the west building does not
contain a retail component, the ground level facade has been designed to incorporate
false window displays that have the appearance of retail storefronts along the NE 4th
Avenue elevation. Additionally, planters containing Bougainvillea vines similar to
those on the east building are also proposed to help screen the garage from the
adjacent rights-of-way. Based on the above, compliance with this Performance
Standard has been achieved.
c)
A number of different unit types, sizes and floor plans are available within the
development. Two and three bedroom units are encouraged, as are a
combination of multi-level units and fiats. In projects consisting of more than
twelve (12) dwelling units, the proportion of efficiency or studio type units may
not exceed 25% of the total units. There is no maximum percentage established
for projects having twelve (12) or fewer units, however, a mix of unit types and
sizes is encouraged.
The development includes three different style of units: efficiencies, one-bedroom
units and two-bedroom units. The west building contains all of the efficiencies and
one-bedroom units. There will be 21 one-bedroom units with seven floor plan
variations and 6 efficiency units with one floor plan option. The 6 efficiencies
represent 10% of the total number of units. There will be 36 two bedroom units within
the east building. Each two-bedroom unit has a different floor plan and 18 of these
units are multi-level containing second floor mezzanines/lofts. There are 47 floor plan
options which vary in size and layout available for the 63 units which consist of a
combination of multi-level units and flats. It is noted that there are no three-bedroom
units proposed. However, as previously stated in Housing Element Policy B-2.2, it has
been demonstrated that the provision of 3 and 4 bedroom units is not appropriate
given the downtown location of the proposal. Based on the above, this Performance
Standard has been met.
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d)
The interiors of the dwelling units provide unique features and conveniences
that distinguish them from standard multi-family projects and create an
attractive living environment. Examples of some of the features that could be
incorporated to meet this standard are: ceiling heights of 9 feet or greater;
extensive use of natural lighting; panel doors throughout the interior; use of
decorative molding for baseboard, door and window casings; wood or ceramic
tile flooring in all or a portion of the units; built in cabinetry and/or shelving;
arched entryways or passageways; individual laundry facilities; special security
features; or a combination of similar features and elements that meet the intent
of this standard.
The proposal includes 63 "loft style" condominium units which alone distinguishes this
project from standard multi-family projects by providing a unique and attractive living
environment. The open space loft concept allows for large-scale furniture and d6cor
pieces which are often not possible in standard multi-family spaces. The lofts include
many unique features such as: increased ceiling heights, the units in the western
building have 11'8" clear ceilings and the units in the eastern building have 13' and 18'
clear ceilings; 2nd story loft/mezzanines within 18 of the two bedroom units; large
operable and fixed windows which allow an extensive amount of natural lighting;
stained concrete, wood and/or stone flooring; built-in Italian cabinetry with stainless
steel kitchen appliances and stainless steel, polished concrete or natural stone
countertops; individual laundry facilities; high tech security systems; and, some of the
units feature large exterior decks/balconies. The proposal provides the desired
features described in this standard, and therefore compliance has been achieved.
e)
The development provides common areas and/or amenities for residents such
as swimming pools, exercise rooms, storage rooms or lockers, covered
parking, gardens, courtyards, or similar areas and/or amenities.
The proposal provides an above ground 2nd floor amenity area on the west side of the
western building. This area includes a pool, hot tub, outdoor showers, restroom
facility, barbeque grill and gazebo. The common amenity area is quite large and
includes garden style landscaping. As previously stated, covered parking is provided
on the ground floor of both buildings. Based on the above, compliance with this
standard has been achieved.
The development promotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system. Pedestrian
areas adjacent to the building are enhanced by providing additional sidewalk
area at the same level as the abutting public sidewalk. Accessways to parking
areas are designed in a manner that minimizes conflicts between vehicles and
pedestrians. The public street or streets immediately adjacent to the
development are enhanced in a manner that is consistent with the streetscape
in the downtown area (i.e., installation of landscape nodes, extension of
existing paver block system, installation of approved street lighting, etc.).
The proposed residential development provides a safe and efficient pedestrian
connection between the units and public sidewalks. The residential units are
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accessed by elevator within the covered parking garages. Pedestrian links are
provided to the public sidewalk system from the elevators via breezeways and
crosswalks through the ground level parking garages. These accessways have been
designed to minimize conflicts between pedestrians and vehicles. A paver brick
crosswalk is proposed connecting the two buildings across NE 4th Avenue to the
proposed sidewalk system. The proposal includes the installation of paver brick
sidewalks along NE 4th Avenue and NE 2nd Street; installation of landscape nodes
adjacent to the 13 new on-street parking spaces; installation of street lighting to
match the existing light poles along Atlantic Avenue; and, installation of bicycle racks,
benches and trash receptacles. Specific details for these items must be provided to
ensure that they match those along Atlantic Avenue. Additionally, the specific
locations must be provided on all plans including the engineering plan. These items
are attached as conditions of approval. Based on the above this performance
standard has been met.
g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking
spaces that may be used by the public.
The project provides for 123 on-site parking spaces where 127 spaces are required.
As part of the development proposal 4 in-lieu parking spaces are being requested.
Therefore, there are no on-site opportunities to provide additional parking spaces to
be utilized by the public. There are 13 new on-street public parking spaces to be
constructed within the NE 4th Avenue right-of-way. However, these spaces cannot be
counted toward meeting this requirement as the construction of the on-street parking
will be utilized toward justifying the in-lieu parking request. Due to the location of the
property and the configuration of the project, opportunities to share accessways
and/or driveways are not possible. Based on the above, this standard has not been
met.
h)
Projects fronting on Atlantic Avenue, N.E. 1st Street, or SE 1st Street contain
nonresidential uses on the ground floor. The nonresidential ground floor space
has ceilings not less than ten (10) feet in height. At least fifty percent (50%) of
the surface area of the front street wall(s) at the ground floor of each such
building is devoted to display windows and to entrances to commercial uses
from outside the building.
This performance standard does not apply as the development does not have
frontage on these street. However, it is noted that the project does provide for 14'
ceiling heights within the non-residential commercial component. Additionally, at least
50% of the ground floor surface area on the NE 4th Avenue (east) elevation of the east
building is devoted to commercial storefronts. The NE 4th Avenue (west) elevation of
the west building contains display windows that appear to be false storefronts.
Compliance with this standard has been met even though it is not required.
Of the eight performance standards the project complies with six, does not comply with one,
and one standard is not applicable, although compliance has been achieved. Given this
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level of achievement with the performance standards it is appropriate to grant the requested
increase in density.
SECTION 2.4.5{E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the
City Commission must make findings that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The subject property is bordered to the north by CBD-RC zoning, to the east, south and
west by CBD zoning. The adjacent land uses include: to the north Crossroads Club and
existing commercial uses across NE 2nd Street, to the east is an existing north/south alley
and beyond the alley are existing office uses, to the south is an office building and existing
strip commercial uses, and to the west the FEC Railroad and beyond the railroad the Florida
Power and Light substation.
The development proposal will-significantly enhance the aesthetics of the property together
with the neighborhood and the NE 4th Avenue streetscape. The proposed redevelopment
will provide year-round customer and employment base for the nearby downtown
commercial redevelopment. The stability of the downtown area will be enhanced by the
addition of 5,315 sq. ft. of new commercial floor area and 63 households that will patronize
area businesses and contribute to the long term revitalization of the downtown. They will
help to create a demand for goods and services, such as clothing stores and food markets,
which will enhance commercial rents and property values.
As described in the Streets and Traffic section of this report, the project is located in the
TCEA. The TCEA was created to acknowledge the traffic associated with the emergent
redevelopment of the downtown area. Traffic in downtown has increased significantly since
the mid-1990's when the revitalization began to take off, and it has not at all deterred people
from visiting the central business district. Stop and go traffic and congested sidewalks are
indicative of successful, healthy downtowns, and tend to attract more people and greater
investment in the area.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan that substantially
complies with the submittal requirements for a site plan application, was submitted
which has been reviewed by staff. If the Conditional Use is approved, a full site plan
submittal complying with LDR Section 2.4.3 will be required. Based upon staff's
review of the sketch plan and site inspections, the following analysis is provided.
Planning and Zoning Board Staff Repor'~
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LDR Section 4.3.4(K) Development Standards Matrix:
The following table indicates that the proposal complies with LDR Sections 4.4.13
and 4.3.4(K) as they pertain to the CBD zoning district:
Required Provided Provided
East Building West Buildinq
Buildin,q Height (max.) 48' 48' 48'
Buildinq Setbacks (min.)
Front 10 10' 10'
Side (Interior) 0' 10'4"-12' N/A
Side (Street) 10' 10'-11' 10'
Rear 10' 12'-43' 10'-12'
* Overall open space for both parcels.
10% 16%* 16%*
Parking Requirements:
The development proposal includes 63 residential units and 5,315 sq. ft. of commercial
space. The parking requirements for a mixed-use project located in the CBD are calculated
as follows:
Step 1:
The base parking requirements for each use in the project are determined
individually. These are shown in the following table:
Base Parking Requirements
Use Parking Requirement Spaces Required
Res~Jential Units
(6) efficiency units 1.0 spaces per umt 6
(21) 1 bedroom units 1.25 spaces per unit 26.25
(36) 2+ bedroom units 1.75 spaces per unit 63
Guest Parking
Units 1-20 .5 per unit 10
Units 21-50 .3 per unit 9
Units 51-160 .2 per unit 2..__~6
Sub Total 116.85
Commercial Space
5,315 sq. ft. 4.5 spaces per 1,000sq. ft. 23.92
Step 2:
Pursuant to LDR Section 4.6.9(C)(8)(a) Shared Parking, the minimum parking
requirement for buildings in the CBD district which contain both residential and
commercial uses is determined by the peak parking demand period. The peak
demand period for this project is 6:00 PM to Midnight. The applicable percentage
demand for each use during that time period is 90% for residential and 90% for
commercial/retail. These percentages are applied to the base requirements for
each use in the project as follows:
Planning and Zoning Board Staff Repor~
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Mixed-Use Shared Parking Requirements
use Base Requirement % Shared Requirement
Residential 116.85 90% 105.17
Retail Space 23.9175 90% 21.53
Total 126.70
Rounded up 127
The proposal requires 127 parking spaces and 123 spaces have been provided within the
ground level covered parking garage. The applicant has requested the in-lieu parking
option for 4 spaces. As noted previously, the development proposal involves significant
improvements to the adjacent public rights-of-way which will result in the provision of 13 on-
street parallel parking spaces.
LDR Section 4.4.13(G)(1)(c) states that within the CBD (Central Business District) when it is
impossible or inappropriate to provide the required parking on-site or off-site, the parking
requirement may be met by providing an in-lieu parking fee of $12,000 a space to utilize
City parking [REF: Section 4.6.9(E)(3)(b)(2) - Area 2: Parcels located west of the
Intracoastal Waterway which are zoned CBD and which are not included within the
Pineapple Grove Main Street area]. The four (4) spaces will require the in-lieu payment of
$48,000.
Additionally, pursuant to LDR Section 4.6.9(E)(3)(e), in addition to in-lieu fees due, where
adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee
has been approved, the applicant must construct additional on-street parking, not to exceed
the total amount of spaces subject to in-lieu fees unless authorized by the City Commission.
The applicant has proposed to construct thirteen (13) on-street parking spaces within the
NE 4t~ Avenue right-of-way which will require approval by the City Commission.
The Parking Management Advisory Board will review the in-lieu parking fee request for
Ocean City Lofts at its meeting on Mamh 25, 2003. Their recommendation will be
forwarded to the City Commission for the in-lieu fee request of 4 parking spaces ($48,000).
Compact Parkinq:
Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may
be designated for compact cars. The proposal includes 30 compact parking spaces located
throughout the covered parking garage. This represents 23.65% of the total spaces and
meets the requirement.
On-Street Parking
Although not counted toward meeting the parking requirements for the project, 13 public
parking spaces are being provided by the developer along the adjacent public rights-of-way.
Although available to the general public, these spaces should help meet the shorter term
parking requirements of residents and guests of the project.
Plannipg and Zoning Board Staff Repor"-
Conditional Use Request - Ocean City ...,ts
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Stacking Distance:
Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right-of-way
and first parking space or aisleway in a parking lot shall be 50' for parking areas that contain
51 or more parking spaces; 20' for parking areas that contain 21 to 50 parking spaces; and,
5' for parking areas that contain 20 or fewer parking spaces. There are 4 driveways
proposed, two at each building which will require 50' of stacking distance. Reduced
stacking distances are proposed which range from 10'3" to 24'6". Therefore, waivers will be
required as part of the site plan approval process.
Lighting:
Pursuant to LDR Section 4.6.8 (Lighting), lighting is required for new development
proposals. A site lighting and photometric plan has been provided to ensure compliance
with LDR Section 4.6.8. Light poles which match the poles along Atlantic Avenue are
proposed. Decorative wall mounted light fixtures are proposed and ceiling fixtures are
proposed within the covered parking garages. The photometrics plan details the lighting
within the covered parking garages, however does not address the wall mounted or
streetscape lighting. A condition of approval is attached, that the photometric plan be
revised to include the illumination of these areas. This condition can be addressed during
the site plan review process.
Loadinq Area:
Pursuant to LDR Section 4.6.10(C), one loading space is required for retail uses with square
footages ranging between 3,000 sq. ft. and 10,000 sq. ft. The proposal requires one
loading space and one has been provided within the covered parking garage in the east
building. Therefore, this requirement has been met.
Site Visibility at Intersections:
Driveways:
Pursuant to LDR Section 4.6.14(A)(1), the sight visibility triangle shall consist of both sides
of an accessway formed by the intersection of each side of the accessway and the public
right-of-way, with two sides of each triangle being twenty (20) feet in length from the point of
intersection and the 3rd being a line connecting the ends of the other 2 sides. Within the
sight visibility triangle hedges may not exceed 3' in height and trees must have 6' of clear
trunk. The 20' sight visibility triangles have been provided at intersections of the four
driveways and Railroad Street, NE 4th Avenue and NE 2nd Street.
Street and Alley Intersections:
Pursuant to LDR Section 4.6.14(A)(2), when property abuts the intersection of 2 public
rights-of-way, all landscaping within the triangular area [two (2) sides of the triangle being
40' in length along the abutting public right-of-way lines, measured from their point of
intersection, and the third side being a line connecting the ends of the other 2 lines] shall
provide unobstructed cross-visibility at a level between 3' and 6' in height.
Planning and Zoning Board Staff Repor~ '~
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At the intersection of NE 4th Avenue and NE 2nd Street; the intersection of NE 4th Avenue
and Railroad Street; and, the intersection of Railroad Street and Railroad Street, reduced
sight visibility triangles have been provided (approximately 20' & 25'). Railroad Street is a
25' right-of-way which is more indicative of an alley rather than a standard right-of-way.
With regard to Railroad Street, there is not extensive traffic and speeds are not excessive,
therefore the reduction is appropriate in an urban setting. Therefore, limited waivers for
small distances will be required as part of the site plan approval process and must be
supported by the Engineering Department.
Right-of-Way Dedication:
Pursuant to LDR Section 5.3.1(D) right-of-way dedications to meet minimum standards must
be made with all developments. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-
way width for the north/south alley along the eastern perimeter of the project is 20' or the
existing dominant width. Additionally, pursuant to LDR Section 5.3.1(D)(3), additional right-
of-way width may be required to promote public safety and welfare; to provide for
stormwater management; to provide adequate area for street trees; and to assure adequate
access, circulation and parking in high intensity use area. Based on the above
requirements, an additional two feet (2') must be provided for the north/south alley on the
eastern perimeter of the project through dedication or an easement. The applicant has
provided a 2' ingress/egress easement along the eastern perimeter of the property. It is
noted that the landscape plan shows the landscape islands along the west side of the alley
will encroach into the 2' easement area. Therefore, attached as a condition of approval is
that the islands be reduced to not encroach into this area.
Sidewalks:
Pursuant to LDR Section 6.1.3(B), the minimum sidewalk width is 5' for NE 4th Avenue and
NE 2nd Street. A 5' paver brick sidewalk has been provided within the NE 4th Avenue and
NE 2nd Street rights-of-way. However, the sidewalk along NE 2nd Streeet must be
constructed through the driveway and to the east property line. This item is attached as a
condition of approval and can be addressed with the site plan approval process. Therefore,
this requirement has been met.
Plat:
As the property includes dedication of right-of-way and easements, a plat must be
processed and recorded prior to issuance of a building permit and is attached as a technical
item in Exhibit "A."
Community Redevelopment A.qencv {CRA)
The CRA reviewed the conditional use requests at the meeting of February 27, 2003, and
recommended approval subject to the following conditions:
Planning and Zoning Board Staff Repor?.'
Conditional Use Request - Ocean City L~,~tS
Page 17
That the applicant addresses all staff technical comments, including but not limited to,
site design and supplemental documents needed to address the performance standards.
Downtown Development Authority (DDA)
The DDA reviewed the development proposal at their meeting of February 19, 2003, and
recommended denial of the density increase. The Association felt that the increase of the
development density was too significant and would be too intense. If approved, they felt
that the development should be responsible for installing paver block sidewalks, and provide
decorative lighting fixtures in the public right-of-way.
Site Plan Review and Appearance Board (SPRAB):
If Conditional Use approval is granted, a revised site plan must be submitted
accommodating the concerns raised through the conditional use petition, and addressing
outstanding technical items. Final action on the site plan will rest with the SPRAB (Site Plan
Review and Appearance Board).
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations which have
requested notice of developments in their areas:
Delray Beach Chamber of Commerce
Progressive Residents of Delray (PROD)
President's Council
Del-Ida Homeowners Association
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of the
subject property. Any letters of support or objection, if any, will be presented at the
Planning and Zoning Board meeting.
The conditional use application is to allow for a density over 30 units per acre within the
CBD zoning district. The increase in density over 30 units per acre is supported as the
project sufficiently meets or exceeds the Performance Standards found in LDR Section
4.4.13(::) to warrant the density increase provided the conditions of approval are
addressed. The addition of 63 housing units in and near the downtown area will help in the
long term revitalization of the CBD. The proposed use is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive
findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the
proposed development with surrounding properties. It is noted that pursuant to Section
4.4.13(T)(1), despite the fact that the project meets the performance standards, the Board
may deny the application for increased density if it is determined that the proposed project
Planning and Zoning Board Staff Repo'.-';~'...
Conditional Use Request- Ocean City L~Jfts
Page 18
is not compatible in terms of building mass and intensity of use with surrounding
development.
Ao
Continue with direction.
Recommend approval of the Conditional Use request to allow for a density of 43.75
units per acre for Ocean City Lofts, based upon positive findings with respect to
LDR Section 4.4.13(T), (Performance Standards for Increase in Density over 30 units
per acre), Section 2.4.5(E)(5) (Required Findings for Conditional Use), Chapter 3
(Performance Standards) of the Land Development Regulations, and the policies of
the Comprehensive Plan subject to conditions.
Recommend denial of the Conditional Use request for Ocean City Lofts, based upon
a failure to made positive findings with respect to LDR Section 4.4.13(~r)
(Performance Standards for Density), and Section 2.4.5(E)(5) (Required Findings for
Conditional Use), in that the project is incompatible in terms of building mass and
intensity of use with surrounding development.
Recommend approval of the request for Conditional Use to allow a density of 43.75 units
per acre within the CBD zoning district for Ocean City Lofts, based upon positive findings
with respect to LDR Section 4.4.13(T) (Performance Standards for Density), the Pineapple
Grove Neighborhood Plan, Chapter 3 (Performance Standards), and Section 2.4.5(E)(5)
(Conditional Use Findings) of the Land Development Regulations, and the policies of the
Comprehensive Plan, subject to the following conditions:
That a site plan be submitted which addresses the "Technical Items" attached in
Exhibit "A" and that is in general conformance to the submitted sketch plan;
Approval of a site plan by SPRAB that is in general conformance to the submitted
sketch plan.
That the revised elevations be in general conformance to the elevations submitted
with the conditional use request.
Addressing PZ and CRA staff technical comments such as, but not limited to,
setbacks, internal consistencies between plans, noting that all interior upgrades
provided on floor plans are standard not "add-ons/customized" items.
Attachments:
· Exhibit "A"
· Site Plan, Floor Plans, Building Elevations, Landscape Plan
Report prepared by: Michelle Hoyland, Senior Planner
Planning and Zoning Board Staff Repor
Conditional Use Request- Ocean City
Page 19
1. That paved access is provided for all mechanical, storage, stairs, bicycle racks and
mail centers.
2. That recycling facilities and method of screening are provided.
3. That a statement be provided indicating the loading capacities of 1'-wide columns.
4. That drainage is accommodated on-site.
5. That additional architectural elements be incorporated for review by SPRAB.
6. That specific details relating to the site lighting, bicycle racks, street furniture and
trash receptacles to be consistent with those on Atlantic Avenue.
7. That the locations of site lighting, bicycle racks, street furniture and trash receptacles
be indicated on all plans including the engineering plans.
8. That the photometric and site lighting plan be revised to include the illumination of the
wall mounted and street lighting.
9. That the landscape plan be revised to reduce the landscape nodes on the east side
of the east building adjacent to the alley by 2'.
10. That the sidewalk along NE 2nd Street be constructed through the driveway and to
the east property line.
11.That a plat be recorded which includes an additional 2' ingress/egress easement be
dedicated along the alley.
12.That all service utilities located on the property or public utilities within the public
right-of-way must be placed under ground. Furthermore, the utility poles along the
east side of the property within the alley must be removed and the services
undergrounded.
13.That a waiver request be submitted for the required stacking distance at the
driveways.
14. That a waiver request be submitted for the required site visibility triangles.
15. That an in-lieu request be submitted for the four deficient parking spaces.
16.That the City Commission approve the construction of the 9 additional on-street
parallel parking spaces within the NE 4th Avenue right-of-way.
Planni.og and Zoning Board Staff Repor'-"'
Conditional Use Request - Ocean City LL,,[s
Page 20
17.That the improvements to NE 4th Avenue are in accordance with direction by the City
Engineer.
18. That the landscape plan is revised in accordance with the direction of the City
Horticulturalist.
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MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~k> . REGULAR MEETING OF APRIL 1, 2003
SERVICE AUTHORIZATION #2/URS CORPORATION
MARCH 28, 2003
This is before the City Commission to approve Service Authorization #2 with URS Corporation in
the amount of $89,000.00 for the design of hardscaping and landscaping improvements along
NW/SW 5~h Avenue from N.W. 2"a Street to S.W. 1 st Street.
Funding is available from 334-4144-572-65.80 (General Construction Fund). The Community
Redevelopment Agency (CRA) has agreed to pay for design fees.
Recommend approval of Service Authorization #2 with URS Corporation for the design of NW/SW
5th Avenue Improvements Projects.
S'\City Clerk\chevelle folder\agenda memoa\Serv:ceAuth #2URSCorporataon.4A 03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden ,,~. ~,~
Randal L. Krejcarek, P.E.
05 Mar 2003
NWISW 5th Avenue - SW '1st Street to NW 2nd Street
Interlocal Agreement wi Palm Beach County
Commission Agenda Item
Project # 2003-037
The attached agenda item is for Commission authorization/approval for Mayor to execute
Service Authorization #2 with URS Corporation for design of hardscaping and landscaping
improvements along SW/NW 5~h Avenue from SW 1st Street to NW 2n~ Street. The CRA has
agreed to pay for design fees, see attached letter.
This project is part of the proposed City Cultural Loop. The project is estimated to cost
$1,521,000.00 and is currently split over two years ($221,000.00 in FY 2003-2004 and
$1,300,000.00 in FY 2004-2005) in the Capital Improvement Program. The City is in the
process of entering into an Interlocal Agreement with Palm Beach County for reimbursement of
$450,000.00. The CRA is providing the balance of the funding for this project.
The attached map shows the project location.
The cost of this Service Authorization is $89,000.00.
Please place this item on the 01 Apr 2003 Commission Agenda.
Thanks
enc
cc;
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
D~ane Colonna, CRA
file
S:~ngAdmintProjects~2003~2003-O37~Offtcialt2003-04-01 agenda memo, doc
SW lz~ ~:~T. TO NW 2ND ST
DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY
March 12, 2003
Randal Krejcarek
City Engineer
434 S. Swinton Avenue
Delray Beach, Florida 33444
RE: Design Fees - NWISW 5~ Avenue; URS Corporation
Dear Randal,
The purpose of this letter is to verify that funding is available from the CRA for payment
of design fees in connection with the improvements to the 100 and 200 blocks of NW
5th Avenue and the 100 block of SW 5th Avenue. The funding amount, $89,000, will
cover the cost of activities outlined in the Consulting Service Authorization submitted by
URS Corporation for this project. The funds are available in the CRA's 2003 budget
under the category of NW/SW 5~ Avenue Redevelopment, subcategory: Planning and
Beautification.
Please provide us with a copy of the executed Consulting Service Authorization
agreement when it becomes available. Also, please work with West Atlantic Program
Manager Rosalind Murray in coordinating any meetings with the consultants and
community members. As we've discussed, this project will have a high level of
community interest, and we want to be sure that people remain involved throughout the
entire process.
If you have any further questions or require any additional information, please don't
hesitate to call. The method for paying these funds should be coordinated with our
Assistant Director/Controller, Juliana Steele.
Sincerely,
Executive Director
C:
Rosalind Murray
Juliana Steele
104 West Atlantic Avenue · Delray Beach, Florida 33444
561-276-8640 · Fax 561-276-8558
EXHIBIT A
CONSULTING SERVICE AGREEMENT
DATE: March 7, 2003
SERVICE AUTHORIZATION NUMBER 2 FOR CONSULTING SERVICES
CITY PO NO.: 2003-037
CITY EXPENSE CODE:
TITLE: Agreement for General Consulting Services with URS Corporation
This Service Authorization, when executed, shall be incorporated in and shall become an integral part of
the agreement for General Consulting Services between the City of Delray Beach and URS Corporation
(Formerly Dames & Moore) dated July 1999.
PROJECT TITLE: SW/NW 5th Avenue Beautification, Pro. iect
I. Proiect Description
The project generally consists of Beautification and artwork along SW/NW 5th Avenue from SW
First (1st Street) through NW Second (2nd) Street including various levels of hardscape
improvements, landscaping improvements and irrigation system additions. The contract will be
administered by the City of Delray Beach. Mr. William Grieve, PE, Assistant City Engineer, will
be the prime contact at the City of Delray Beach for this contract. These various improvements,
within the Right of Way of SW/NW 5~ Avenue do not include the addition of any medians or
reconfiguration of any of the through travel lanes. Some of the hardscape improvements may
include the addition of landscaping nodes and minor drainage modifications within the parking
lanes, subject to available right of way widths and off street and alleyway parking capacities.
All of the improvements will be designed, bid and constructed in a single contract utilizing a
single complete set of construction documents (CD's). Deliverables will be a set of Mylar
Reproducibles of the construction plans, an electronic file of the drawings in AutoCad 2000
format, one original hard copy and one electronic file of the construction contract, bidding
information, and technical specifications (WORD format).
The City of Delray Beach is to provide a current deed for each of the lots in the six (6) block area
adjacent to NW/SW 5th Avenue, from SW 1st street to NW 2nd street. The following:
Town of Delray Beach, Block 19 (1-3)
Town of Delray Beach, Block 20 (1-3)
Town of Delray Beach, Block 21 (1-3)
Town of Delray Beach, Block 27 (1-3)
Town of Delray Beach, Block 28 (1-3)
Town of Delray Beach, Block 29 (1-3)
Replat of Block 19 (Melvin S. Burd. (11-73))
Replat of Block 27 (21-43)
Mt. Olive Baptist Church (69-20)
Re-subdivision of Blocks 29 & 37 (9-66)
II. Scope of Services
A. Phase I - Concept Plan & Survey Phase
If the Concept Plan & Survey Phase is authorized, the following requirements shall apply.
1. The CONSULTANT shall consult with the CITY to clarify and define the CITY'S
requirements for the Project and review available data.
The CONSULTANT shall work with the City appointed Artist in all phases of design of
this project.
The CONSULTANT shall prepare base surveys of the area along NW and SW 5th
Avenue from SW 1 st Street to NW 2na Street. Surveys to include entire MLK (NW 2na
Street) intersection, all four sides of NW 1st Street, and the entire SW 1st intersection.
The East and West boundaries of the survey work will be the mid-block alleys on either
side of 5th Avenue. Survey data to be collected is to include full pavement cross sections
of 5th Avenue, including existing sidewalks and trees and adjacent improvements up to
25 feet in back of the ROW when there is no building adjacent to the ROW, and cross
sections along mid-block alley ways. Surveys will also establish appropriate ROW limits
in the area, including alleyways. Existing utility data (water valves, fire hydrants,
sanitary sewer manholes, storm sewer manholes, electrical pull boxes, overhead power
poles) will be identified. Data to include pipe invert elevations and topographic
elevations as appropriate. Tree locations and diameter breast height (DBH) data will be
included. Cross Sections will be at 100 foot intervals in street and alleyways.
4. The CONSULTANT shall advise the CITY as to the necessity of the CITY'S providing
or obtaining from others, data or services.
The CONSULTANT shall attend the following meetings: A City of Delray Beach and
CRA staff review meeting, and a meeting with appropriate consultant and CRA staff
regarding the proposed cultural loop. Also, four neighborhood review meetings will be
held during the concept plan phase to obtain neighborhood input and comments on the
proposed street beautification. Consultant, along with City appointed artist, will also
present the complete concept plan to the City Commission at a regular commission
meeting.
The CONSULTANT shall identify and analyze permit and approval requirements of all
governmental authorities having jurisdiction to approve either the design of the Project
and participate in consultations with such authorities.
The CONSULTANT shall provide analyses of the CITY'S needs, planning surveys, site
evaluations and comparative studies of prospective sites and solutions. On street and off
street parking areas will be identified within the six block area of the improvements. Off
street parking lots and alley way access routes to parking areas, if appropriate, will be
identified and conceptual plans will be prepared.
8. The CONSULTANT shall provide a general estimate of construction costs based on
Owner's requirements applicable to various alternatives.
9. The CONSULTANT shall prepare a Letter Report containing schematic layouts,
sketches and conceptual design criteria with appropriate exhibits to indicate clearly the
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considerations involved (including applicable requirements of governmental authorities
having jurisdiction as aforesaid) and the alternative solutions available to the CITY and
setting forth CONSULTANT'S findings and recommendations. This Report will be
accompanied by CONSULTANT'S predesign estimate of probable costs for the Project,
including, but not limited to the following, which will be separately itemized:
Construction Cost, allowance for engineering costs and contingencies allowances for
such other items, such as charges of all other professionals and consultants, for the cost
of land and rights-of-way, for compensation for or damages to properties, and for permit,
review and/or approval fees by other governmental agencies, if required. The
CONSULTANT shall also provide a preliminary evaluation of the City's Project
Schedule. The City's Project Schedule and probable construction costs shall be evaluated
and updated throughout subsequent phases of the work.
10. The CONSULTANT shall furnish five (5) copies of the Study and Report documents as
provided in the SERVICE AUTHORIZATION and review them with the CITY.
Phase II - Preliminary Design Phase (50% Construction Documents)
If the Preliminary Design Phase is authorized, the following requirements will apply:
1. The CONSULTANT, in consultation with the CITY and City appointed artist, shall
determine the general scope, extent and character of the Project.
Prepare Preliminary Design documents consisting of final design criteria, preliminary
drawings (see attached spread sheet for listing of Construction Plans), outline
specifications and written descriptions of the Project. Design is to include coordination
with all utilities, including FPL, Bell South and CATV facilities.
Consultant shall attend one public review/coordination meeting during this phase of the
project to obtain comments on the proposed details of the 3-block beautification
program. One review meeting will be held with City and CRA Staff for the review of the
50% Design Development Phase Construction Documents. Also, one meeting will be
held with the City appointed artist regarding comments on the 50% design documents
with respect to conceptual art piece locations and details of the pieces proposed.
4. Advise the CITY if additional data or services are necessary and assist the CITY in
obtaining such data and services.
5. Furnish five (5) copies of the above Preliminary Design documents as contained within
the SERVICE AUTHORIZATION and present and review them with the CITY.
The CONSULTANT shall submit to the CITY a preliminary estimate of construction
costs based on current area, volume or other unit costs, which shall be updated
throughout the design development phase.
The CONSULTANT shall prepare a development schedule, which shall include, but
shall not be limited to, the review and approval times by all governmental agencies as
may be required.
The CONSULTANT shall make available all design calculations and associated Data,
and participate in meetings in which Value Engineering Analysis of the project takes
place, at such times and places as shall be determined by the CITY.
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Phase III - Final Design Phase (100% Construction Documents and Permit Applications)
If the Final Design Phase is authorized, the following requirements shall apply:
The CONSULTANT shall prepare construction documents (CD's) which shall include but
not be limited to drawings and technical specifications, general and supplementary
conditions, bid forms, invitations to bid, instructions to bidders, with technical criteria,
descriptions and design data necessary for permitting by governmental authorities, and
shall include any further adjustments in the scope or quality of the project or in the
construction budget authorized by the City. CD's will include design and details for
underground placement of FPL facilities and adjustments to other utilities within the
NW/SW 5th Avenue three block project area.
The consultant will prepare final details of the foundations and site plans for the proposed
art pieces as sketched by the City appointed artist in the conceptual phase and design
development phase of the project plans.
The CONSULTANT shall, in the preparation of construction documents, technical criteria,
written descriptions and design data, take into account all currently prevailing codes and
regulations governing construction in the City of Delray Beach, Florida, and shall meet the
requirements of all other agencies or governmental authorities having jurisdiction over the
project.
o
The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with
paragraph I.C, which shall be reviewed by the CITY prior to going out for bids.
The CONSULTANT shall provide the required documents and attend meetings as
necessary, for the approval of governmental boards, agencies or authorities having
jurisdiction over the project.
The CONSULTANT shall use bid documents provided by the CITY including bidding
forms, conditions of the contract, and form of AGREEMENT between the CITY and
CONTRACTOR.
°
The CONSULTANT shall prepare all documents including design and plan revisions
required for the approval of governmental authorities having jurisdiction over the project.
Said approvals are required prior to the public notice for the Invitation to Bid and
submission of applications, therefore are the responsibility of the CONSULTANT.
o
The CONSULTANT shall provide the CITY with one complete set of the contract
documents as specified in the service authorization, which will also include one original
and one electronic file ( AUTOCAD 2000 & WORD) of construction documents.
Phase IV - Bidding/Negotiation Phase
If the bidding phase is authorized, the following requirements shall apply:
The CONSULTANT shall assist the CITY in obtaining the bids or negotiated proposals,
assist in awarding and preparing contracts for construction, attend pre-bid conferences,
prepare addenda, provide written recommendation of award, assist in the
compilation/preparation of contract documents, and after the award assist the CITY in
reviewing the contractor supplied bonds and certificates of insurance, and in the review of
the contract documents for completeness.
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The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist
the CITY in evaluating Bids or proposals and in assembling and awarding contracts for
construction, materials, equipment and services.
The CONSULTANT shall issue addenda as appropriate to interpret, clarifiy or expand the
Bidding Documents.
The CONSULTANT shall consult with and advise the CITY as to the acceptability of
subcontractors, suppliers and other persons and organizations proposed by the prime
contractor(s) (herein called CONTRACTOR(S)) for those portions of the work as to which
such acceptability is required by the Bidding Documents.
Consult with the CITY concerning and determine the acceptability of substitute materials
and equipment prior to the award of contracts as allowed by the Bidding Documents.
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Phase V - Construction Phase This Phase is not a part of this service authorization. Any
required Construction Phase services will be handled by the CITY.
Phase VI - Additional Services If Additional Services under this Phase are authorized, the
following requirements shall apply:
Additional Services shall be authorized in writing by the CITY as required, and will not
exceed the allocation of each authorization by CONSULTANT.
BudRet
The estimated professional services fee for the study, design, bidding and additional services
phases of this project is a Not To Exceed (NTE) amount of $109,000.00. The detailed spreadsheet
of hours is attached to this service authorization, and includes an amount of $20,000.00 for
additional services. Below is a summary of not to exceed fees and costs by phase:
Engineering Services or Phase
Phase I-Study & Report Phase
Phase II- Preliminary Design Phase
Phase III- Final Design Phase
Phase IV- Bidding Phase
Phase V- Construction Phase
Out-of-Pocket Expenses (1)
URS Est. Fee Subs Est. Fee
$12,348.00 $13,000.00
$ 8,884.00 $3,500.00
$29,307.00 $7,000.00
$7,153.00 $0.00
N/A N/A
$ 7,808 N/A
TOTAL PROJECT COST (2)
$89,000.00
Additional Services Allowance
$18,527.00
$1,473.00
TOTAL ESTIMATED FEES
$109,000.00
Notes
(1) Out-of-pocket Expenses tnclude the followmg' prmttng/reproductton/ and postage
(2) Total Project Cost does not mclude the $20,000 for Addtttonal Servtces (tf authortzed by the Cay)
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IV.
Completion Date
The scope of services for the preparation of construction documents for the SW/NW 5t~ Avenue
Beautification Project (City Project 2003-037) is anticipated to require 262 calendar days. Based
on an anticipated Notice to Proceed of March 25, 2003, services would be completed no later than
December 12, 2003.
In general the anticipated completion schedule is as follows:
State Date
Completion Date
Phase I March 2003 June 2003
Phase II August 2003 September 2003
Phase III September 2003 October 2003
Phase IV October 2003 December 2003
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Approved by:
This SERVICE AUTHORIZATION is approved contingent upon the CITY'S acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as encompassed
by the previous service authorization, the CITY may terminate the contract without incurring any
further liability. The CONSULTANT may not commence work on any SERVICE
AUTHORIZATION approved by the CITY to be included as part of the contract without a
further Notice to Proceed.
CITY OF DELRAY BEACH:
CONSULTANT:
Date
Date
Mayor
By:
(Seal)
Attest:
Witness
Approved as to Legal
Sufficiency and Form
Witness
Attest:
BEFORE ME, the foregoing instrument, this
~ day of ., 200.~, was
acknowledged by on
behalf of the Corporation and said person
executed the same free and voluntarily for the
purpose there-in expressed.
Witness my hand and seal in the County and
State aforesaid this day of
., 200__.
Notary Public
State of Florida
My Commission
Expires:
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Date: 24 Mar 2003
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda
When: 01 Apr 2003
Special Agenda
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to execute Service
Authorization #2 with URS Corporation for the design of hardscaping and landscaping
improvements along SW/NW 5th Avenue from SW Ist Street to NW 2na Street. The
CRA has agreed to pay for design fees, see attached letter. Total cost is $89,000.00.
Staff Recommendation: Appr~l
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items invqlving expenditure of funds):
Funding Available: No In t~als: Yes, see attached letter
Account Number ~-4 4- ~/~-~ ~o9..'~ ~' e?0
Description
Account Balance: ~g~.~'~f~
Funding Alternatives:
City Manager Review:
for Agenda: 6~s~ No Initials:
Approved
Hold Until:
Agenda Coordinator Review:
(if applicable)
Received:
S:\EngAdmin\Projects\2003\2003-037\Official\2003-04-01 agenda.doc
Mar
28 O3
04:38p
MRRIE
HOREMBURGER
5617330034
Doak S. camv u m
70 South East Fourth Avenuo
Dekay Beach, Florida 33483
p.1
C,TY L.f.,:
March 28, 2003
David Harden, City Manager
City of Delray Beach
100 North West Fourth Avenue
Delray Beach, Florida 33~.~,!
Dear Mr. Harden:
On behalf of my client whose project is known as Vista Palms, we are requesting the
passage of a resolution by the City Commission which will allow the city to assist us in
competing for tax credits through the Florida Housing F'mance Corporation.
The tax credits will enable my c,i/ent to create a facility which w~ provide ]/ving
accommodations w/th certain resident services as detailed in the ACLF conditional use
approval of this project. Reasonable rates and resident services ~t no additional cost will
be the result of our ability to draw down the mx credits from the State of Florida.
Applicants to the Florida Housing Finance Corporation are required to provide local
government assistance, in this instance in the amount of net present value of $200,000.00
worth of delay of payment of impact fees, building permit fees, or waiver of same. We
are requesting delay of paymem as ail fees will eventually be p~id to the city.
V'rsta Palms will be the only facility of it's kind in the City of Delray Beach city limits,
Other similar facilities are non-equity ownership facilities.
We appreciate your consideration o£this matter.
Sincerely,
Doak S. Campbel~
I~&r~
E9 03 04;48p
Dantoe
T~. LleCOr, i L I~
March 28, 2003
City of Dcltay B~ach
Attn; Mr, David Hardin, City Manager
100 NW !" Ave,
Delray Boach, Fl 33444
Re; Vista i~ms ACI,F
Dear Mr. Hardin:
Pearlman & 'Associat~ has previously obtained from the City a conditio~,l use approval for
an ACLF under the name of Mil. Atlantic conditional use and site plan. At this time a request is made
to the City for a rcsoluti(m from thc City Commission acknowl~ging that the overall project is to
scrve a public purpose and would be eli~4ble for City assistance in the form of'delay or'certain impact
fees charged to such a project. This request is made under the name of' Vi~a Palms which is
anticipated to bethe name of'the actual lhture development. T .l~nk you for your consideration in this
matter.
Si~y yours,
.-- ' ...../,, Z/Z/ ·
Doak S. Campbefl, Ill
dd
Memo
To:
From:
Subject:
Date:
David T. Harden - City Manager
Lula Butler - Director, Community Improvement
Mil-Atlantic ACLF Proiect
March 28, 2003
I met with the developer, Doak Campbell and Marie Horenburger regarding the Mil-Atlantic
project and one of their requests was for us to consider the use of SHIP fimds as a subsidy
toward this development.
Our SHIP representative advised us that the State would have required a competitive RFP
process. We would also have to amend our Housing Assistance Plan since it does not provide
for multiple housing units of any type. Our focus under the SHIP plan has been
homeownership.
Additionally, we calculated an approximate value of the permit fees that will be assessed for
the project. Since we did not have a complete building permit application submission, our
numbers are approximate and do not include all of the sub-trades nor the site development
costs.
In looking at a project of this nature, it is our professional opinion that the value of the fees and
other assessments will exceed $200,000. The Commission should be reminded that there are
stipulations on impact fees, which have to be paid at the time of permit issuance and cannot be
deferred.
LB:DQ
· Page 1
RESOLUTION NO. 20-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DFJ.RAY BEACH, FLORIDA, CONFIRMING THAT A
CONDITIONAL USE WAS APPROVED FOR AN ACLF (ADULT
CONGREGATE LMNG FACILITY), WHICH INCLUDES AN IlF
(INDEPENDENT LMNG FACILITY) ON PROPERTY TO BE
KNOWN AS VISTA PALMS, FORM_AIJ.Y KNOWN AS MIl-
ATLANTIC, PROVIDING FOR A DEFERRED PAYMENT
AGREEMENT FOR WATER AND SEWER CONNECTION FEES
AND BUILDING PERMIT FEES EQUAL TO THE NET PRESENT
VALUE OF TWO HUNDRED THOUSAND DOIJ.ARS ($200,000.00),
SUBJECT TO A SEPARATE WRITrEN AGREEMENT BEING
SUCCESSFULLY NEGOTIATED AND ENTERED INTO BETWEEN
THE PARTIES AND ALSO SUBJECT TO BOND COVENANTS AND
ACCEPTABI.E REVIEW BY BOND COUNSEL.
WHEREAS, the City of Delray Beach, Florida, (the City) established an Elder Ready Task
Force which prepared the "Elder Ready Community Report Card for Well Elders", initial
assessment, dated November 2002, which recognized on Page 7(a) that the City "does not have any
assisted living facilities within its boundaries"; and
WHEREAS, the City has approved on July 10, 2001, said approval subsequently extended
on January 1, 2003, a conditional use for a project, formally known as Mil-Atlantic, now known as
Vista Palms, and located on the west side of Military Trail, south of Atlantic Avenue, as an ACLF-
Adult Congregate Living Facility. The approval described in the Conditional Use project file #2001-
167 consists of two parcels separated by a canal and includes Adult Day Care, Alzheimer Care, ILF-
Independent Living Facilities and ALF-Assisted Living Facilities; and,
WHEREAS, all dements of the project are an integral part of the ACLF and will remain so
for the life of the entire ACLF as represented by the part/es requesting City support, through
deferred payments, and upon which the City is relying on granting the deferments; and,
WHYS, the City recognizes the need for a facility which offers a range of services to an
ever aging exis6ng population in the City; and,
WHEREAS, the City recognizes that there is an additional approved ACLF currently within
its boundaries to be constructed on property known as the Alzheimer's Center; and,
WHERE, AS, the City recognizes that there are three Life Care Retirement Facilities in the
City which are identified as Harbours Edge, Abbey Delray, and Abbey Delray South that offer
independent living, as well as skilled nursing facilities, for the elder population that are non-equity
ownership facilities and not economically viable for many of our elder dtizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DI~.I.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recit~h set forth above are hereby incorporated as ff fully
set forth herein.
Section 2. The City agrees to defer the payment of water and sewer connection fees and
building permit fees up to an amount not to exceed the net present value of two hundred thousand
dollars ($200,000.00) subject to a separate written agreement being successfully negotiated and
entered into between the parties within ninety (90) days from the date of this resolution that is
acceptable to the City and subject to the deferral and the deferral agreement being acceptable under
bond covenants as is determined by the City's bond counsel.
PASSED AND ADOPTED in regular session on the ~
2003.
day of
ATrEST: M A Y 0 R
City Clerk
2 RES. NO. 20-03
, Message Page 1 of 2
Nubin, Chevelle
From:
Sent:
To:
Cc:
Ruby. Susan
Friday, March 28. 2003 3:48 PM
Harden, David
Garito, Barbara; Nubin. Chevelle; Costello, Jeff; 'dsc@gate.net'; 'mhorenburger@cs.com'
Subject: FW' Assisted Living Facility matter
I made your change and also a change I received from Marie Horenburger a minute ago. Her changes removed
Abbey Delray from the first whereas clause and inserted it and other life care facilities in the last whereas clause.
In addition, I made another change that Marie sa~d was imperative which was to include the words "net present
value" before the $ 200,000.00 amount. Hopefully this will be the last revision. Either Marie or Doak should be
giving you a cover memo outlimng their proposal. Thanks. Susan Ruby
..... Original Message .....
From: Ruby, Susan
Sent: Friday, March 28, 2003 2:49 PM
To: Harden, David; Costello, 3eft; 'dsc@gate.net'; 'mhorenburger@cs.com'
Cc.' Garito, Barbara; Nubin, Chevelle
Subject: FW: Assisted Living Facility matter
There was a last minute change which recognizes the existence of other ACLFS. The resolution with these
changes should be final, unless the Manager has additional revisions Thanks. Susan Ruby
..... Original Message .....
From: Costello, 3eft
Sent: Friday, March 28, 2003 2:26 PM
To: Ruby, Susan
Subject: RE: Assisted Living Facility matter
Susan:
Please review before I send this to Doak & Mr. Harden. Thanks.
Jeff
..... Original Message .....
From: Ruby, Susan
Sent: Friday, Harch 28, 2003 11:25 AM
To: Harden, David; Costello, Jeff; 'dsc@gate. net'
Subject: FW: Assisted Living Facility matter
Please review the attached resolution. It is my understanding that there is a desire to have the resolution
on next Tuesday's agenda. Let me know what changes you suggest need to be made. Also, I would
appreciate it ~f Doak, you would provide a cover letter for the agenda today outlining your request
Thanks, Susan Ruby
..... Original Message .....
From: Inglese, Cathy
Sent: Friday, March 28, 2003 11:16 AM
To: Ruby, Susan
Subject:
Here is the resolution.
4/1/2003
Message Page 2 of 2
Cat
4/1/2003
MEMORANDUM
TO,
FROM:
SUBJECT:
MAYOR AND CITY COMX,ESSIONERS
CITY MANAGERF_~k..,,. ~
AGENDA ITEM ~ - RE GULAR ME E TING OF APRIL 1, 2003
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
DATE:
MARCH 28, 2003
Mr. Costin has submitted his resignation from the Community Redevelopment Agency effective March
27, 2003. This creates a vacancy for an unexpired term ending July 1, 2006.
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 Attomey has determined that anyone who resides within the
City limits is eligible for appointment. A person cannot hold any other public office other than his/her
commissionership or office with respect to the Community Redevelopment Agency.
The following have submitted applications and would like to be considered for appointment:
SEE EXHIBIT "A'
Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat # 3).
A check for code violations and/or municipal liens was conducted. None were found with the exception
of Straghn Enterprises of Delray. Please see attachmem. Voter registration verification was completed.
All are registered.
Recommend appointment of one (1) person to the Community Redevelopment Agency for an unexpired
term ending July 1, 2006.
boardapptmemo. CRA 04-01-03
COMMUNITY REDEVELOPMENT AGENCY APPLICANTS
EXHIBIT "A"
Thomas F. Camey, Jr.
Robert Currie
Joseph Ferrer
Gilbert Forbes
Roy Fraker
Brace Gimmy
George Maso
Richard McGloin
Leonard Mitchell
Christina Mordson
James O'Brien
Angela Randolph
Gary Rosen
Jerome Sanzone
Kathleen Schoenberg
Jeffrey Silberstein
Alexander Simon
Thomas Stanley
Alfred Straghn
Dinah Stephenson
Kevin Warner
Glenn Weiss
Franklin Wheat
Attorney
Architect
Business
Financial
Manager
Retail
Realtor
(currently serving on DDA/WARC)
Business
(currently serving on DDA/Public Arts Task Force)
Law Enforcement
(currently serving on Education Board)
Realtor
Realtor
Construction
(currently serving on DBHA)
Realtor
(currently serving on BOA)
Building Official
Attorney
Architect
Realtor
Attorney
Business
(cun'ently serving on WARC)
Real Estate Attorney
(currently serving on PERC)
Engineer
Program manager
(currently serving on Public Arts Task Force)
Realtor
MR450102
City of Delray Beach Florida
Invoice Inquiry
3121/03
12: 44: 33
Customer ID . . . :
Last statement . :
Last invoice . . :
Current balance . :
Pending ..... :
358
3/02/03
8/29/02
269.88
.00
Name: STRAGHN ENTERPRISES OF DELRAY
Addr: BEACH, INC
26 SW 5TH AVE
DELRAY BEACH, FL 334442512
Status: A ACTIVE
Type options, press Enter.
l=Select
Opt Date
8/29/02
-- 12104/00
-- 10/12195
-- 4/30/93
-- 2/11/93
-- 10/29/92
-- 1/23/92
- 10/11/91
-- 5/17/91
Invoice # Current
22577 Nuisance .00
18507 Nuisance .00
6389 .00
19056 .00
18848 .00
18369 .00
16824 .00
16449 .00
15750 .00
Overdue Total billed
151.80 151.80
95.95 95.95
.00 128.64
.00 112.27
.00 123.76
.00 111.77
.00 137.50
.00 100.50
.00 112.40
F3=Exit F12=Cancel
~MR430102
City of Delray Beach Florida
Miscellaneous Receivables Inquiry
3/21/03
12:45:31
Customer ID . . . :
Last statement . :
Last invoice . :
Current balanc~
Pending ..... :
358
2/28/03
3/10/03
57.50
.00
Name: STRAGHN ENTERPRISES OF DELRAY
Addr: BEACH, INC
26 SW 5TH AVE
DELRAY BEACH, FL 334442512
A ACTIVE SPECIAL COLLECTION
Type options, press Enter.
S-Display ?=G/L Accounts
Opt Code Description
GARBG SPECIAL COLLECTION
GARBG SPECIAL COLLECTION
GARBG SPECIAL COLLECTION
GARBG SPECIAL COLLECTION
Charge Detail
Invoice Age Last Bill Total due
17046 365 7/01/00 11.50
18891 365 2/01/01 11.50
19519 365 4/02/01 11.50
23794 CUR 3/10/03 23.00
Total moneys due of $327.38 for property located at Northwest 10th Avenue.
(West Side Heights Delray)
F3=Exit F12=Cancel
Di:I. RAY Ir. Al:H, IrI. DIIIDA 3~444
January 17, 2003
Ms. Barbara Garrito, City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Oarrito
Pursuant to Florida Statute 99.012(3) (A), I hereby tender my
resignation for my seat and position which I presemly hold on the
Delray Beach Community Redevelopment Agency, effective
Thursday, March 27, 2003.
Thanking you in advance for your kind attention to this matter. I
remain
Sincerely, '____
Bob Costin
BOARD MEMBER APPLICATION
~sc t~e ot pz:m~ ~.~c foLlo~,~: infoazmdor~.
· )--~.~'s'~.m7 rt h~.~.d pm~s$ional ic=mci¢lrions mci llcen.~t ~l~ch you hol~
OITY 'OLERK
,¢
THOMAS F. CARNEY, JR.
tlOl 2~orth Ccn~ie~s Av~nd'u; Suitc 200--
(561) ~Office)
(561) 369-1175 (Fax)
October 1979 to Present
CARNEY LEGAL GROUP, P.A.
Attorney-at-Law concentrating in real estate; financial
transactions; contracts; international transactions; and
corporations; Certified Circuit-Civil Mediator
December 1983
to Present
CARNEY ANDCOMPANy,.INC. Founder
and Chairman of the Board.
Activities include investment banking and holding company
operations. Subsidiary companies include : The Carney Group,
Ins. (investment banking, member N.A.S.D. and S.I.P.C.);
March, 1991 to Present
December, 1996
CARNEY-JONES INVESTMENT CORPORATION
Co-Founder and Chairman
Engaged in the acquisition and/or management of office buildings
and multi-family residential properties.
December, 1990 to
October, 1993
ROANOKE-LYNCHBURG TELEVISION ACQUISITION
CORPORATION. Founder and President
Owned and operated Channels 21 and 27 in Roanoke-Lynchburg,
Virginia (Fox Television Affiliate). Company sold in Oct. 1993.
December, 1990 to
December, 1994
ECOLOGIC.WASTE SERVICES, INC.
Co-Founder and Vice-Chairman
Company founded and was one-third owner of U.S. Tire Recvclinq,
Inc., the largest collector and disposer of scrap tires in the
Mid-Atlantic states (headquartered near Charlotte, N.C.).
Company sold in December, 1994.
December, 1984 to EXPLOTACIONES.PORTUARIAS,. S.A., TARRAGONA,
November, 1987 SPAIN. President.
· . Owned and operated private maritime terminal and stevedoring
company; developed new business/trade between the Port and other
European and South American/Caribbean countries.
June, 1981 to
October, 1983
COMMITTEE ON WAYS AND MEANS, United States
House of Representatives, Washington, D.C.
Assistant Republican Counsel.
October, 1979 to
June, 1981
OFFICE OF. CHIEF COUNSEL, Internal Revenue
Service, Washington, DC. Attorney-Advisor,
Legislation and Regulations Division.
BANK DIRECTORSHIPS
May, 1984 to July,
to June, 1992
CARNEY BANK.
Founder; Vice Chairman of the Board.
December, 1988
to August, 1992
COUNTY NATIONAL BANK OF SOUTH FLORIDA.
Director; Member Executive/Loan Committees.
May, 1984 to
March, 1987
GIBRALTAR SAVINGS AND LOAN ASSOCIATION,
Miami, Florida.
PROFESSIONAL MEMBERSHIPS
Florida Bar Association, Massachusetts Bar Association, United
States Tax Court Bar, United States District Court (Southern
District, Florida), and the United States Supreme Court.
EDUCATION
Legal
Georgetown University Law Center, Washington, D.C.,
Master of Laws in Taxation (M.L.T.), 1984.
Boston College Law School, Newton Centre, MA,
J.D., 1979.
Activities: Associate Editor, BostQn College International and
Comparative Law Review, 1978-1979; staff member, 1977-1978.
Student Representative, Committee on Foreign Activities of U.S.
Taxpayers, A.B.A. Section of Taxation, 1978-1979.
Publication: "The 1976 French Finance Law: Its Effect on U.S.
Citizens Residing in France with U.S. Source
Passive Income," 2 B.C. Int'l & Comp. L.J. 163
(1978).
Undergraduate
Spring Mill College, Mobile, Alabama
(Political Science), 1976. Macna gum Lau~e.
university of Bristol, Bristol, England
(Junior year abroad). B.S.
OTHER ACTIVITIES
1996 - present
Deleaate ~,0 the United Nations, Permanent
Observer Mission of the Sovereign Military
Order of Malta to the United Nations
1995-present
Delra¥ ~each Ho~sin~ A~horitv.
PERSONAL
Married, two children
Date of Birth: February 15, 1954
LANgUAgE
REFERENCES
French; some Spanish
Furnished upon request.
2
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Note: This ~ppli=stion will remain on ~e in the City Cl~k's O~ce ~r a pedocl of 2 y¢~r~ f~om thc cla~e itwas
submitted, h will be the applicant's :~spons/biliry to
RECEIVED
NA~ ! 3 2003
CITY CLERK
ROBERT G. CURKIE, AIA
Senior Designer
YEARS I~XPERIENCI~
· Since 1969
IIEGISTKATION
* Architect: Certified: #4964
· NCARB, #] 1365
EDUCATION
· Bachelor of Architecture,
19~2
University of Minnesota
* Plaster in Architecture,
19~5
Harvard University
(b'aduate .School of Design
PROFESSIONAL
AFFILIATIONS
· American insUtute of
Architects
· florida AssociaUon, AIA
Palm Beach Chapter
Past President
Design Awards Committee
COMMUflFFY SERVICE O~
Oi~GANIZATION$
· Federal Re,serve Bank
Advisor~ Board - AUan~a
· Delray Beach Public Libra~
Board Member
· Plneappte Orove r4ain
~]'e. et Board Member/
Design Chair
· City of Delray I~e. ach
Planning and Zoning Board
Past Chair
· City of Delray Beach
Community Appearance
Board Past Chair
Robert G. Currie is the founding principal of the architectural firm
ROBERT G. CURRIE PARTNERSHIP, Inc. located since its 1969
inception in Delray Beach, Florida. He received a Master in
Architecture from Harvard University, Graduate School of Design
in 1965 and a Bachelor of Architecture from the University of
Minnesota in 1962. Mr. Currie is certified as an architectural
professional by NCARB and has been registered in the states of
Florida, Connecticut, lllinois, Massachusetts, Maine, New
Hampshire, Rhode Island, 5outh Carolina and Virginia.
Over the course of his professional career, Mr. Currie has
planned and designed virtually every project type, including
municipal, public assembly, residential, commercial office,
hospitality and historical restoration facilities, in both the United
States and abroad. His knowledge of international design and
construction was developed through projects in the Middle East,
Australia, Central America, China and the United Kingdom. In
addition, he taught at the University of Sydney (Australia), the
University of Miami (Florida) and Florida Atlantic University.
With almost fifty design awards to his credit, Mr. Currie is the
firm's principal designer and responsible for projects through
the design development phase. In 1990, he received the
American Institute of Architects Palm Beach Chapter Award of
Honor for Design for his contributions to architectural design.
The firm was honored by the Florida Association of AIA as the
Firm of the Year 2000. In November 2002, Mr. Currie received
the prestigious Gold MedalAward from the Palm Beach Chapter
of the AIA in recognition of his contributions to the architectural
profession.
O~/_O/_O0.-, 10:31 5612780555
/,B CHAMBEP, COMMEP, CE
CITY OF DELRA¥ BEACH
BOARD MEMBER A-PPLIGATION
993
.~00~
:PI~ ~ or p,~ d~ fo~ inf'om'~,tion~
Not~: This ,l:plic~don ~ rern~n on F..lc ia else City C~et.k's O~ce fo: ~ period of 2 ye~'s [zorn r. tm dare k *~S
submitmd. It will be the ~pplicanc's zcsponaibiliry m tnsm~ th~: * csm~t spplictck~z: is o~ ~e.
RECEIVED
IdAR 2'0 2003
CiTY CLERK
Joseph E. Ferre~
1420 North Swinton A,.,enue
Delray Bsach,
(661)
OBJECTIVE
Provide a~,,~nis~rative leadership for a commer.:ia] or nonprofi.~ organization
to strengthen cammunity/public image and §s~.al position, through priori~,
planning, inllovative marketint, and the e-~tablLshment of strong
private/public sector relationships.
QUALIFICATIONS & EXt'ERI NCE
Twenty six years of results-often[ed ex-perience, with expertise in the
following areas:
Administrative msna[ement
Financial analysis and b~;Iget~;
Basiness and mar~enn~ plan development
Capital Pro]ect super~i:,ion
Pel~onnel hirin~ and tra~uing
PALM BEACH POPS / FLORIDA SI.'MPHONIC POPS, INC.
Palm Beach and Boca Rats ~, Florida
1992 to present- President and Chief Executive'Officer
' Overall ,business and frsc-a] administrar..on of a non-profit cultural
performing arts organization, including an $5-I,iece orchestra, 10 staff and
33-member volunr~.er Boaxd of Directors. Rffined playia~ standards st'
musicianship and participated in succezm~ uni)n negotiations. Supervised
ex'pa.usion, restmcturin~ and adoplion st'new corporate by-laws.
Developed mulli-year busings plans to agdres~ goals of fiscal stability
and revenue growth and nsgol:ia~ed and implen~sn~ed finalized contracts for
local and national talen~ within ~he guideline,z established by regulatory,
agencies governing private, nan-profit orgallizati~ns.
Spearheaded mes~er fund-raising structuxe for individual donations,
SUl~por£ ~oup~0 private founclation ~fts, ~m~dl business and corporate'
contributions. Wrote and presented grant requests for operational fun~i-g
totaling over $250,000. annually.
18:31 5G12788555 r,B OrlAMBER 1301vI~IS'I~CE PA,.iE Oq
ZOOLOGICAL SOCIETY OF FLORIDA / M/AM1 METROZOO
M/~mi, Flor/da
982 - 1992 -Executive Vice President, D Lrector of Development
" Managed staff o£ $3 and a SS-member ,'oilier bo~ of ~wrs.
E~red tha~ the org~i~a~on ~a~d at pe~. producfi~ ~d conducted
its ~~ ~z m a~rdancs ~ z~d bu~ezs pracfic~.
* Fostered the sodety's expana/on from a Foss revenua base ot $200,000
in 1982 to more thazt $6 miIilon/n 1992, v/a de:elopment of a master fund-
rmg/ng structvr~ for tnd/viduals, foundations, co .'pora~/ons and endowments.
Supervized more than $15 mO]ion in cap:.tal improvement projec~ at
MetroZoo, inclu&ng bid nego~a~ions fro: construction contracts, on-site
manageu~ent, and on-going m~i-tenance prograr,~s.
* EngJxteered membersB.ip expansion fz~m 1.800 to more than 65,000.
and es:abl~hed the Society as one of the ceg~on's premier non-profit.
organizar/on~
BELCHER OIL COMPANY
Miami, Florida
1980 - 1989. Dir®c~or of Public Relations and Government
* Developod and implemented ntultimil)ion-dolLsr annua~ budge~ ~d
m~ke~g plans encompassing pu~c rela~onz, co. orate comm~ca~o~
~d adverh~ng.
Coord/nated all med/a contact, operating' from terminals covering a
geo~-ap]:fic area ranging ~rom Boston, Ma, to cml: us Christi, TX.
* Acted aS liaison between federal and state legislators regaxding.
matterz concerning the oil industry. Maintainei a positive and productive
working rela~ionzh~p with z-e~d~tory govermng z genc~ez.
UNITED WAY
Miami, FL; New York, NY; Washington, DC; Oriffith, In
974 - 1980 Senior Campaign Manager fo~' Fundrai~ing / Agency
Development and Budgeting
* Developed multimi~on-dollar earnpaign~ i~ £ou~ major metropolitan
areas, working closely with volunteer boards and ci,,ic leaders to implement
ambitious employee and corporate fund-ra~&ug p
ME~ERSHIP$
State of Florida Cuitura} Affa/~ Review Oommit tee
Public Relalion~ Society of America
Florida Pr~ Assoc/ation
Board of Director of the Mental Health Assodati)n
Florida Chamber 'Task Force on Crime"
Miami Crime Commission
Commission on Race and Reli~io./Methodist 0h'u~ch
National Association of Fund Eaisers
American Associatiau of Zoos and Aquariums
EDUCATION
Indiana Unive ,~sity, 1974, MS - Public Affairs
Indiana Universtty, 1972, BA - Hlstol%'
REFERENCRS
Available upon request
Bi, b.n~-ual - Spanish
~ CITY OF DELRAY BEACH
;IlL
,OA~D MEMBERAPPLICATION
1993
2001
Please the information:
II
2. Home Address: ' Stite Zip
3. ~ ~d~ce: ~ ~
4. ~~ ~s Ad~: ~ ~ ~ C~e
5. H~e Phone: B~m Pbgc: ~ Ad.ess: ~ Phone: F~:
7. ~at Bo~d(s) ~ you ~t~ted ~ s~ Pl~e ~t ~ ~ orifice:
~0. ~t ~}, ~ted ~ofes~o~ c~6ons ~d ~c~s~ w~ y~ hold:
...... ~/~ , ,
~ . G~e y~ p~sm~ m most ~c~t ~, ~
IZ ~ ~m~ ~ ~ ~e~ ~ ~ you m ,~e ~ ~ ~se a~ m
,
This application will remain on file in the Ci~ Clerk's Office_for=s~¢liod of 2 years fzom the date it was
submitted, h ~ be the ,pphcant's tesponsibiliry to =$~e~'~~l[~fion ~ on file.
JUL f~ 5 2002
Gilbert C. Forbes
1120 Warrenhall Lane
Atlanta, Georgia 30319
(404) 865-2992 Office
(404) 255-1120 Residence
Summary
Twenty-eight years of broad-based Banking experience encompassing sales, sales management,
product training,,consumer asset m-nagement, consumer lending, residential mortgage lending,
commercial mortgage lending and branch administration.
Experience
FIRST UNION CORPORATION - 1986 to Present
Senior Vice President, Consumer Banking Director/Manager 1993- Present
Atlanta, Ga
Initially promoted to Director of the consumer banking activities for Metropolitan Atlanta, Georgia.
Managed 117 branches with $4.4 billion in deposits, representing 8% of First Union's total retail
branch network. Active member of the Merger Task Force responsible for the consolidation and
integration of Georgia Federal & Decatur Federal into First Union. In 1994 the decision was made
to eliminate the Director position to increase direct management involvement at the branch level.
Became one of six managers focused on increasing overall branch performance in the Atlanta
market.
· As Director, Branch asset production rose from near last place position to first or second place
in all categories. CAP account (Asset Management Account) sales inc~ over 800% during
this period. ..
· During the merger, deposit retention exceeded due diligence assumptions and merger salary
budget came in well below salary expense goal, as staffing levels were achieved well ahead of
target. ..,,
· As Manager, exceeded combined Direct ~:~ardPEL and Mortgage production goals. Was second
in Georgia and third in the company in SBLU production. Also was first in investment
revenges.
Vice President, Consumer Banking Manager 1988- 1993
Miami, Fl.
Directed growth of the retail franchise from one Branch and $18mm in depoSitS tO 45 Bl*flllCbeS and
$4.5 Billion in deposits. Area of responsibility included Dadc and Monroe Counties. During this
period, most sales management categories increased from a distant last to first place. Dade County
was the highest earnings franchise within First Union with a Bank Group ROE of 29.91%.
Managed retail banking organizat~ through seven bank mergers.
Vice President, Regional Consumer Banking Director 1986- 1988
Pompano Beach, Fl.
Provided direction in establishing and achieving regional consumer goals for 74 banking centers.
In this staff role, directed merger activities during FL'st Union's initial entry into the South Florida
market. Coordinated training initiatives and was actively involved in developing and implementing
business plans with particular emphasis on asset production. Was committee Chairman for
development of original "Branch Compare" incentive plan in Florida. Member Florida Consumer
Banking Committee.
Gilbert C. Forbes Page 2
Experience (continued)
SOUTHEAST BANKING CORPORATION - 1971 to 1986
Miami, Florida
Vice President and Manager - Commercial Mortgage Department 1985 - 1986
Managed the commercial mortgage department (income property loans under $2 million) state-wide
for mortgage company affiliate of Southeast Bank, N.A. During this period originated $4.2mm in
commercial mortgages.
Senior Vice President, Consumer Loan Product Manager 1983- 1985
Managed consumer loan portfolio for state-wide bank, covering 163 banking centers. Increased
consumer loan volume more than 300% from 1983 to 1984. Credit insurance sales increased 25%
each year. Directed consolidations of three consumer credit operation centers into one.
Senior Vice President, Regional Consumer Banking Coordinator 1980- 1983
Managed the retail asset portfolio of four-county, $800 million regional bank having 44 banking
centers. Regional representative to state-wide consumer banking committee.
Vice President - Product Manager 1976- 1980
Promoted to Asset product manager for Southeast Banking Corporation to develop new consumer
loan products and increased profitability of existing products. Developed and implemented
revolving credit products in branch system and developed a unique video sales training program to
teach customer focused selling techniques.
Vice President - Mortgage Banking ' 1971- 1976
Managed the second mortgage production and portfolio of one of Miami's largest mortgage
banking firms. During this period, opened seven 2nd Mortgage offices and initiated the formation
of a small loan (516F. S.) company (Southeast Consumer Finance) through which to fund 2nd
Mortgages. Developed Mortgage Guarantee Product with American Bankers.
LON WORTH CROW COMPANY (acquired by Southeas0
Manager, Servicing Department - Loan Administration
Managed mortgage servicing department (25 employees and 30,000 mortgages) of Miami
mortgage banking fu'm. Started and managed a Second Mortgage function.
Education
UNIVERSITY OF MIAMI
BBA degree in Finance - 1965
NORTHWESTERN UNIVERSITY
Graduate of the School of Mortgage Banking,
References furnished upon request.
BEACH
CITY OF DELRAY BEACH
1993
2001
' ' ' Sure ~p Code
4. ~~ B~ess Ad&ess: ~ Su~ ~ C~c
5. Home Ph~e: ' B~ess Pbgc: ~ Ad.ess: C~ Phon~ F.x: '
T. ~t Bo~d(s) ~e you ~t~ted ~ s~ P~se hst ~ or~'ofp~: ....
8. ~ ~ Ci~' Bo~ on ~ch you =e =~dy s~g oz h~ve pze~ou~- s~ea ~l~s~ ~dude ~t~)
10. ~t ~y z~:ed pzofcssion~l c~fions ~d ~c~cs w~ 7~ hol&
11. G~e yo~ p~m~ ot most ~ecem ~ploy~, ~fl
1Z Des~be ~c~, ~s or ~owledge ~ qu~ you to
] h~by ~ ~t ~ ~e u~e m~m m ~ ~d I ~ ~d ~d~~lt ~y m;~s~t of~T~~1 ~cts
Note: This sppbc~fion viii remain on file in the Cie/Clerk's Office fox ~ period of 2 yeats f~om the date zt was
submined. It vdll be the ~pplicant's responsl~ilie)' to ensure flint a cu=ent application is on file.
RoY J. FRAKER
(~I~AURC-ATIONS
Strong professional background in sale~, marketing, public relations, customer sauce,
management and administration. Excellent analytical and organizational ah'lis. Intuitive ability to
rapidly assess people's needs and resolve problems. Capable and competent with the energy and
enthusiasm to adapt to various people and work situz~ions. Proficient in ACTI 2000, Microsoft Word,
Word Perfect, Excel, Outlook, Delphi and Irffemet Explorer.
Sales Manager, Executive Meeting Manager 2001 to Pr~ent
Delray Beach Marriott, Delray Beach, FL
·National, Regional and Local sales and marketing for luxury 268 room oceanfront hotel
· Develop. track and maintain competitive corporate arld leisure rate structures
· Create new packages, programs and incentives, track and maintain forecasted sales for
both leisure and corporate market segments .
· Host in house receptions, site inspections, entertain and conduct both hotel end local area
tours to prospective ciients and visiting organizations and associations
· Serve as hoteJ community liaison and representative for county, city, local civic
organizations
· Organize and host frequent and successful meeting planner, travel writer and VIP FAM trips.
· Highly effective and successful leader and team player for pre-opening sales, sales btitz
campaigns and roil out of incentive programs
Operations Manager 1996 to 2000
Meianer Electric, Inc., d.b.a. Ocean City Properties, Ltd., Delray Beach, FL
· Lead restoration of historic warehouse building into 14,000 square foot corporate office
- Supervised daily site operations of historic 46,000 square foot shopping, dining, and
outdoor entertainment complex including construction, renovation, leasing, advertising,
marketing, public relations and special events
· Fire & Security systems administration, hurricane preparedness and emergency
management
· Management of all sub-contracted services and direct supe.rvision of maintenance and
housekeeping ataff
· Purchasing. receiving and asset management of all fixtures, furnishings and appliances
· Responsible for special projects such as complete revision of corporate image, inclusive
of concept
Instructor & Adrninist~tor
Independent Contractor, Palm Beach County, FL 1993 to 1996
· Martial arts instruction & supervision of three instructional programs including 13 Palm
Beach County schools, Boca Retort YMCA, and · I~Vate school with combined
enrollment over 1500
· Sales, marketing, adve~, contr~ management, database end financial
managemenL editor and publisher of monthly newsletter
· Pkinning and implementation of incentives, special events and annual convention
38 1/2 South Swlnton Avenue, Delray Beach, Florida 33444 {$61)-265-2607
RoyFr~ker~aol.com
RoY J. FRAKER
Reservations, Front Desk, Concierge 1991 to 1993
Ritz Carlton Palm Beach, Manalapan, FL
· Hired as hotel's original 'Opening Team". One of $00 out of $000 applicants.
· Consistently outsold rooms exceeding revenue goals by volume and gross sales.
· Promoted to Departmental Trainer during which hotel received the 1992 Malcolm Baldridge
Quality Customer Service Award.
· Interim Supervisor of Fitness Center and Ritz-Carlton Club. Created. implemented and
Supervised hotel's first 'Ritz-Kids' program.
Attractions Host, Production A~sistant & Talent Coordinator 1990 to 1991
Walt Disney Company, Lake Buena Vista, FL
· Attended the Disney University Career Start program
· Originally cast as Attractions Host for the Disney MGM Studios
- Promoted to Production Assistant and Talent Coordinator for the NBC television game
show "Let's Make A Deaf
· Cardinal Newman High School, West Palm Beach, FL, 1990. Honor Roll
· Palm Beach Community College. Lake Worth, FL 1993. Deans List
· Florida International University, Miami, FL, 1993, Family Management Specialist Training
Certificate
· University of South Florida, Tampa. FL. 1994, Slate of Florida HRS Child Welfare Training
Certificate
· Greater Boynton Beach Chamber of Commerce, Leadership Boynton Beach, Class of 1995
· PersonaJ Development Center, Delray Beach, FL. 1996, The Living Course, Pemonal
Development Workshop
· Southeast Education Center, North Palm Beach. FL. 2000. Dale Carnegie Leadership
Training
· Personal Development Center, Delray Beach, FL, 2001 Certified Instructor
· Bob Beamon Golf & Tennis Classic, Board Member, 2002
· City of Delray Beach Sister Cities Committee, Board Member, January 2001 - Present
· Museum ~ Lifestyle and Fashion History. Board Member, January 2001 - Present
· Tourism Committee, Co-Chair, Delray Beach Chamber of Commerce, 1999 - Present
· One of 100 citizens and community leaders to represent City of Boynton Beach at Visions
2000 Conference, 1996
· Palm Beach Post Pathfinder Award, Community Service 1990
· Steedng Design Committee; fund raising and Special Events Co-Chair, crew leader and
construction coordinator for 'Let's Build a Playground' Boynton Beach, FL 1995
38 1/2 South Swinton Avenue, Delray Beach, Florida 33444 ($61)-26S-2507
RoyFraker~aol.com
CITY OF DELRAY BEACH
1993
2001
f
Ple. e ~e infoamtio-:
1. LutN~m= er _ _ , ·
7. ~zt Bo~d(O ~e you ~t~ted
Note: applic~tio.
submined. It w
The lrou~ershop.com _
,-Trouser Shop ..
Fit Specialists · Short & Long Rise .!~
Tropical · Dress · Casual · Goff
E&By C~re · Since 1N2
Free Prompt Alterations
Tuxedo Rentals
(561) 276'5626
iod oir 2 it was
test applic3tion b ez file.
OCT ~"--~"'
CITY CLERK
BOARD MEMBER APPLICATION
1993
2001
Ple~, · type or p~nt the fo~llowin8 informgtion:
1. l~StNamc: ~~
2. Home Ad.ess:
3. Legal Residence:
4. Pzincipal Business Address:
5. Home Phone:
Business Phone:
City
l .-Mafi AdckeSS:I
Cell Phone:
6. Are. you a registered. .. voter?... L~ ,q If so, where ~e you registered?
7. What Boaxd(s) axe you interestefl in Serving? Please list in order of preference:
State
State
State
Fstx:
Zip Code
Zip Code
Zip Code
~,t d l Ci~' Boaxds off which~you axe cu~fl)' serving .or have. previou?ly s~ev/, ed: (Please include d~tes)
I
9. Education~l qullificafions:
10. List any rehted professional certifications and licenses which you hold:
11. Give ¥ou~ present, or most recent employer, and position:
Note: This application will remain on file in the City Clerk's Office for a per/od of 2 years
_~.~1 le~ "'~.~ OITY CLERK
CITY OF DELIIAY BEACH
BOARD MEMBER APPLICATION
] 1 Gi, c your pre, jr~. ,.s most r--cch' e~ployer, tnd Fosmo~:
._ . ~c ~~ ........
RECEIVED
NAR 0 5 2003
CITY CLERK
,iF o ~
III III L · I II III f
R£SUME
GEORGZ MA$O, ~ONE$~
IDUCATION: ' '
Univer~ity o[ Urugu&y
Ualver~lt)' of
Bi~in~, forel~n Rel&tIor~, Communlcatior4, Marl~eting, Media, Publicity,
~d ~eJ ~tomo~on.
]qt OFF-~$IONA~ A~I~ILIAT/ON$:
Forelgn Press Center of New York, M~em~er
~tirnJtlonal Press Association, President.~l$73-?5
Liens Club International Assocfation,'Board Of Direcior$
C~arttr PTestdent of United Natton~ Lions C1ub-1977
Latin American Federation of Public Relations, Member of Bo&rd
U~lverslty.~ IllinoiS, Chicago, IllinOis.Department of Criminal Ju;tice
Guest L~¢turer.
University, Doca Retort, Florida-International Trade
Ceur~elor
I. ANGUAG~ FLUI~NCY~
lln$11sh, ~ench, Italian, l~ortu$,uese, Spanish
II~OF~SIONAL I~XPERIENC~
As eoMultant, advisor, evaluator, nel~otiator, and lmpalementor with
a~teulve and dlvirsl.~sd experience in bo~ public lad pfiva~ scoot, tn ~e
Middle ~ast, Tar ~ut, lurope, Nor~ Ameri~, and Latin America with, for
~d on ~half of clients involved in international business ventures.
Areas of' experience and expertise are well grounfled an~ iden:i~ied i~
fn~ernat~or, al fining, banking, fnrernational'bart.in& fn~erfla~io~a~ trade,
~o~bli Ihooter for iovemmen~ and ?d~pendent business in important
l~gve Ind dellca~
PIIOFI~gSIO~AL L'~I'P~A'I~ ONAL
Misted ~ putgrt~ together LfROTA~OL ~up ~twein Uruguay, Paraguay
and ~llvla. Colla~rated and ~evelo~d ~rlgtnaI scheme and implemented
same ~presengng the government ~ ~r~guay.
P~rsonal advisor to ~ollvian 'Resident [&rrtentoa, Arranged finandr~g and
lupplled $000 ~a~or~ to gbvernm~nt of ~olIvla by Titan Tractor~o~ratlon,
N~w York· .
Coordinated and tmplemented a prole, ct o{ h~..~sIng and apartment complexes
for the Murdclps~ty of Montevideo, Uru~'ay. Over a peri~ of ~ve
m~ than ~0.000 per.ns were able ~ upgrade ~eir housing standards
~emona] llvln~ ~ndltio~, ~fs project was a Jol~t effort ~tw.n Inter
Amagcin Development ~a~ I~d ~ City of Montevideo, "
I~,~rnalism, mass ¢omm~fcation Nd media strat~gi~s.
bpresentattve olr IXPO 70 Osaka, Japan.. Led private a~d official sectors.
Publisher of l~ewsp&per IX'l'i~ for "~diciones Oriental. ¢ooperath'a
Parlodisgea" Montevideo, Uru~ay. ·
Special advisor to Dr, lose Mote Otero, Mlrdstei, of leorel~,n Affairs, Uruguay.
· United Nation, NYC - Information and pre. advisor to government of
[.f~guay. Special Advisor to Amb&~l~ador of t. truSuay to the United Nations,
appointed r. egotiator for bar~er of Uruguay s.~ecp/mutton for Kuwait
etl. Concluded and implemented two c~nrracts in ]9?$ and 197~.
l~esot~ated Jo;ne Venture for production o~r as{~l-pollution che.'~icals between
Negotiated desalfrdzation plant contracts between Iraz)lian Government arid
Central figure In developing 1~,000 unit apartment house project for the
Municipality of GuJyaqufL Ecuador [Ban¢o de la Vlvienda).'
assignment with ITEL Corporation, San Francisco, C&lflrornta in
eenlueetior~ with Mex~can'Gove~mint (CONASUPO) to l~cate a~ retrieve
raiZr0id ~x firs which had ~n mf¥~nj fpr two years in Mexico·
~'uador and India. . .
for Hafood productJ of Mit~u! Corpor. srlon, Osaka, 1span by Trane-o-
· Art&hied financing for A.~ESA, Uruguay, for Its sugar refinery..[USD 27
~illion, co~plete~ ~,n three ~hues). ~so A~ESA, Uruguay ~ave arranged
Intertec l.A., epe. clal consultant to Irazll, Argentina and Uruguay In'
~te'~,n&t~ona! finance, .bank{hr,, free trade zones, for t~e new common market.
International Trade, and Intonations! Relations with Latin America.
e
Pt..') ~,~ 7tX~5
~"~A RA FO/V, ~ $ :~ 4 5 I
£-m~il: ~eor~4a~o~webtv. net
March 5, 20
City Of Delray Beach
Civ.' Clerk's Office
lO0 NW 1~ Aventle
Dekay Beach, FL 33444
Dear Sir/Madame:
Anached please find a completed Board Member Application. It is my intengon and desire to
seix, e on the Conmmniry Redevelopment Associalion (CRA) board. As agen! for Juan Rodriguez
and representing him with regard to his property located on West Atlantic Avenue, I have been an
active member of the conuuua~iv,., for lhe past eleven years. Tlu'ough this involvement, as you
talow, I have served on various boards and commi~ecs, and have enjoyed wi~lessmg and being a
part of the successful redevclopmem of Atlantic Averltle. With that said, I feel thai there is 111Ol e
work to be done in this redevelopment, through my involvement and the friendships I have made,
I have developed a passion tbr the Avcnoe mid its people. I believe that my professional
experience, as described on my r~sume, aJong with my cormnunity involvemem in Delray,
uniquely quali6' me w serve as a board member of ~he CRA. I am confident Iha! together we can
complete the vision of Atlantic Avenue.
Cordia. lly,
~L~YB~CH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. LastName:: ~/~eC~L,o,,,~
2. Home Address:
3. Legal Residence
4. Principal Business Address:
5. Home Phone:
City
City
City
State
State
State
Business Phone: 7/-q'- 41 q ~ I Fax:
Middle Initial
Zip Code
Zip Code
Zip Code
6. What Board(s) are you interested in serving?
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
8. Educational qualifications:
9. List any related professional certifications and licenses which you hold:
10. Give your present, or most rex~nt employer, and position:
11. 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
appointmentlmayreceive.
SIGNATURE 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
JAN 8 2003
CITY OLERK
APPLICATION FOR APPOINTMENT AS A CRA BOARD MEMB~
Richsrd McOloin
g7
Downtown Development Authori~
Board of'Directors - July 2001 to Present
l)drty Beach Master Plan Design Guidelines Ommittee
Comm~tee Member May 2002 through Present
/)dray Beach Master Plan Transportation Committee
~ Member l~uy 2O02 through Present
Public Am Task Force
Comm~tee Chairman Aus 2002 t~-ouSh Present
Pineapple Grove Main Street
Downtown Merchants and hiness Association
Board of Directors - Jan 1999 to ~ 2001
1996 CJt~ of Debly Comprehensive Plan Review
~ for Parks and open spaces
Seacr~t Homeowners Association
Board of Directors - June 1992toPrm~
SoutbrJdge Homeowners Association
Board of Directors - January 1997 through January 1998
Mtyor's Taskforee for solutions for the AthBtic High / Smcrest property 1996 &1997
#Il
My 30 year business career includes: Electrical Engineerin& Division VP for Oreyh~ Corporation and a
successful small business owner. This variety of positions has siren me excellent experience in
imerfacin~ supervising and cr,~,,-_ a ~uensus with a broad range of people.
My term on the Board of Directors for Pineapple Grov~ Main Strem was as Business Coc~-,~u~or. I
worked with the Program Manager (Tom Fleming & Lou Waldmann) and the other board members to mn
+,his orpnizagon in a bus'mess I~ke manner. This position required personal intel'face with ihe btuiness and
ptopet~ owne~ within this district and many preseutatious to the Cit7 Commission and CRA board.
In Jmmary 1999 the Downtown Merchants and Business Anochtiofl was restructured with m,,,y new
board members added. I was invited to sit on this board due to my familiarity with the business issues in
Delray both from a Pineapple Grove viewpoint and as n prope~y owner on East Atln_,tic
In 1995 1 was a nmnber to a eomm~ee to rev~w and surest dang~ to the city oompreimaive platt
John Johnson was the city staff member who chaired this committee.
In 1992 1 work~ with iL ~ Dowd to establish the Seacrest ~ Association, a voluntary
membership neigbboflsood association. I have been actively involved in the "neighborhood plan" since
Smcre~ bom'd members.. I lave recently wjoined the Bomxl of Directors.
As a property owner in the Woods of Southfidfe I joined their Board of Dir~tors at the time when it was
impentive for the stability of that neishborhood to show property improvements. Part of tim project was
APPLICATION FOR APPOINTMENT AS A CRA BOARD MEMBER
Richard M~lo~n
working ~ t~ ~ on the pisa to chsnge the str~$ from p~v~te to c~ owned and ~d the
improvements n~cess~ to promote this ar~ ~s s stroh8 visb]e neighborhood.
A.~er requests from the Seacrest Hon~own~s Association, Mayor lay Alperin formed a task for~ that
included city, coumy, AIlamic High and neishborhood membe~ ~o search for n solution to the blighted
property to the west of Atlantic High School. This task force formulated the "field house / ~nmutsium"
· oncept and lobbied to make it become a r~ality. I made many presentations to the city commission,
oounty ~ommission and school board on behalf of this project.
~ CITY OF DELRAY BEACH
MEMBER APPLICATION
1993
2001
~rint the followin ' information:
21 Home Add:eSs:
City
3. Legal Residence:. City State Zip Code
5, Home Phone: ~usm~ss Phone: E-M~ Ad'ess: Ce~ Phone: F~'
6. ~e y~r~stetcd vote,-? If so; ~hcte ~c you m~stcred?
~a¢ o d ~e you int~est~d ~ ~e~g? PI~e ~st in ord~ of preference:
8. ~st~i~ Bo~ds on ~h yo~ ~e ~re~ly se~ o~ h~ve p~ou4y .e~-~: ~Jc~se include dates)
~0, ~st ~y ~ted p~nfess~o~ cezdficadons ~d ~c~nses ~ch you hoJd:
_con--ed ~ apnl,~n ~usc fo~rc upon my p~ of~y appoint l ~y ~e.
apl: ~ remain on file in the City Clerk's Office lot ~ oenod c~f23re, axs from the date it ~
OR
MAR 2 5 2003
CITY CLERK
LEO~I) IL #ncH~II
RAIIVWOOD COVE LANE
~ WORTH, FL 38463
561-4834584
Palm Beach County Sctmol Board, West Palm Beao~ IR.
Sct~x~ Dm~cr Polk~ Depafo~ent
Poflce ~aptaJn/Assistant: Chief'
Ir~.~al Affairs Bureau; Fingerpri~ and IdefltiflcaUo~ Bureau; mspcmsible for
bud~r~ for ~28 sworn ~ pe~sormd; dimc~y supervist~ 4 zone
lieutennants and 100 sworn offioers; and implemenUn~ depe~/dlstrict
Palm Beach County School Board, West Palm Beaoh, FL
~ Supewisor
Primar~y mspoma-r~e for the pmtec/ion and safety of school pe~onnel, property
and students. Established a,r~/maintained partnerships with appropriate
o:)mmun~ police agencies. ~ 15 s(:hcx:d r~r(:e of~:e~.
MI~IMI 19~9
Atlantic Commurdb/High School, I:)elray Beach, FL
Scho! ~ Offlcm-
Pflmargy responsible for the prolzclJon and .safety, of school persotmel, pmpe,'ty
and studergs. Developed security plans for all school acUviUes. Enforced all
applicable Florida State 0imlnal Statutes. Dev~ and Implemented. student
drug prevention programs.
Enfor .~ all applicable Rorida State Statutes.
Untted States Army
Comm~ Omar, 1977- 1980
Earned commiss~ as a Second Ueut~- August 1976
1977
developed and Im~rrwetecl wortal)le Race Rations Program and
Znterpersonal Skills Pmgram.
[~__~ap~tm'd B. MIIx:he~
2002-Present
1996-1997
1989-1997
1986-1989
Pemannel Officer/Adminstraltve Officer, 1979-198)
Reslxmsible for S (fi~m) departmen~ that o:msist~ of ~5 military
personnel. Assigned all Incoming officers and enlisted personnel.
Developed the Deparlznent's Race Relations Program; implemented U~e
Tradoc Management lnfom~Uon System.
Flor~ ASd~ Urdveizlb/, Tallahassee, FL 1976
Bachelor of Science - Political Sc~mce & Public AdmlnistraUon
Troy sram Un~er~, Troy, AL 19'Z9
tCaster of Sdence - Otn~na~ :~us~e (a~ 2O tm.rs)
Lively Law E~ Academy - ~luvenlle Prosecution - 30 hrs.
Univea,iLy Of Florida Law School - Police Admiras~tion - 2,1 hrs.
Office of Attorney General - Police Su~ision - 40 hrs.; Managing
Crisis Situations, ICAP Policing In a Cultural Diverse Envimnment~
Noble Training Coherence
Palm Beach County SterWs Ofrtce- Verbal Judo- 40 hrs.
Southern Polioe InslJb~e Graduate -CODC- 35
Leadership Palm Beach County 2000
Oty Eduastion Board- Ob/of De. lray I~ach
Chalm~n, West AUantk: RedevMopme~ Coalition, a volunteer pogtfrm
Vice Chair, Delray Beach Community Redevelopment Agency (CRA), a
volunteer pordt/on
Member, Delray Beach Human RdMions Board, a volunteer posrdon
Ail-America City
BOARD MEMBER APPLICATION
1993
2001
Please type or print the following information:
1. Last Name:
mn~ t60~
2. Home Address:
3. Legal Residence:
4. Principal Business Address:
$ e
City _
city
State
State
State
Zip Code
Zip Code
Zip Code
5. Home Phone: ] Business Phone:
6. Are you a .registered voter?
7, What Board(s) are you interested m serving? Please list in order of preference: ' ~J
8. List all C~ry Boards on w~ch you are currently servmg or have previ~ously seg, ed: Oale.ase include dates)
9. Educational qualifications: .
10. List any related professional certifications and licenses which, you hold: .
;./<o pRo?£
11. ~Oive your present, or most recent employer, and position:
12. Des~be e~efiences, s~s or ~le~ ~ch qu~ you to se~e on ~s bo=d: ~l~se atuch a brief resume)
! hereby, certify fl~t ~ ff~e above statements ~re true~~4 ~Ors~nd ~t ~y ~ssmt~en, of ma~ed~ f~c~s
con~ ~ ~phc~~se foff~e upon my p~ of ~y ~p~~t I ~y rec~ve.
~NA~ ~ D
~ .... CITY CLERK ~6/ '
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.
~wc, ~x~o^~az~mc^~o,~
CHI TiNA MORRISON, CPM
BACKGROUND DATA
Christina Morrison is a Certified Property Manager (CPM) and a Licensed Florida Real
Estate Broker. She has been active in the real estate industry for over 20 years; her *
areas of expertise include acquisitions, development, property management, sales and
leasing management, training, and all phases of real estate marketing.
For the past several years, Chris has been 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 apa~ ~-~ent portfolios ranging from 2300 units to 3100 units in several
states, the successful re-development of three apa~ tutent properties, and the authoring
of the company's Policies and Procedures Manual and various training seminars on
Leasing, Fair Housing, Safety, and assorted other topics.
Prior to joining PREIT, 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, and the development and implementation of various training programs for all
Managers and Leasing Consultants.
From 1991 until 1994, Chris was Director of Property Management for First
Montgomery Properties of King of Prussia, Pennsylvania, overseeing the management
and leasing of over 3,900 apartment and condominium units in four states.
·
Chris is a graduate of Penn State University and is a Past Director and President of The
Institute of Real Estate Management, Delaware Valley Chapter. She is currently
President-Elect of the IREM - West Palm Beach Chapter. Chris is also a national
instructor for the Institute of Real Estate Management, based in Chicago, Illinois, and
trains Property Managers and Leasing Consultants throughout the country.
IIII
Z{~4 FLORIDA BLVD.
D~'LRAY BEACH, FLORIDA
561.272.6788
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
MA.
~p Code
Zip Code
List ali Cit7 Bouds on ~ttich 7ou ~ currently serving or l'ave previo~7 ~vecl: (Pleue int3ude duce)
' U
10. I2at an.L.aj~c¼ted...p_rofcss~n-I~erti~qcat~ons and .licenses ~hicb you hold:
Note: This application ~ ~cm~.tt on File in the City Clerk's ORqce ~or a period of 2 Texts fi, om the date it w~s
submitted, It ~ be the Ipplic~m's respo~i~ to en~u~e thit ~ current ~pplic~don is on
RECEIVED
HAR 2 5 2003
CITY CLERK
- -:~,'. -::-'~,/~ 3 ~t2~e~. 0 Bnen, ·
"' ~--~"":~-:'~~~ Pr~e88ional ~peden~:
· ~er thi~ ye~ of h~nds-on experience in Pro~
M~na~ement, Leasing, M~rke[n~. Ten~n/Improvement
Oonstru~ion Ooordin~on in the No~e~st ~nd Flofid~ m~rke~.
· Pfim~ ~ous on 0~, Industrial, Retail ~nd Mixed~e
pro~ies.
· ~e m~n~ement of ~et ~olice w~h ~ di~e~i,ed pr~u~
~ ~nd qu~li~.
· ~e m~n~ement ~nd 8upe~ision of fee m~n~ers ~nd le88in~
· The development ~nd implement,[on of ~eset r~evelopment
Pm~ M~m~nl. I~, and enhance~nt programs.
· The development and implemen~on of investment plans and
the ongoing manage~nt of investment and o~rating budge~.
1999-Present
MO.R. Property Management, Inc.
Delray Beach, Florida 33483
President
BeachPlace
Fort Lauderdale, Florida
General Manager
Responsibilities included the overall day-to-day management of a
100,000 square foot Entertainment Center with an attached 800 car
Parking Facility and a 400 room Marriott Vacation Club 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 internal accounting, marketing, security,
janitorial and general maintenance of the Center.
Codina Real Estate Management, Inc.
http://mormanagement, com/bio_obrien.htm 3/24/2003
MOR Property Management, Inc. Page 2 of 3
Coral Gables, Florida
Vice-President
Responsibilities included the management of an existing portfolio of
Commercial Real Estate properties, Investment Sales; Syndication of
New Partnerships and coordinating the formation of new Joint Venture
projects for the Codina Group and its affiliates.
1988-1996
PFK Realty Services, Inc.
Fort Lauderdale, Florida
Partner
Director of Management, Leasing and Marketingfor PFK Realty
Services, Inc. (Please see attached Curriculum Vitae). Additional
responsibilities also extended to Management of Tenant Improvement
Construction for the Company.
Amer'm_,an Tectonics Southeast
Boca Raton, Florida
Vice-President
Director of Management, Leasing and Marketing services.
Responsibilities included the management, leasing and marketing
activities for a regional Commercial Real Estate developer in South
Florida with over 1,000,000 square feet of Commercial space either
exislJng or under construction. Additional responsibilities included the
long-range planning for the management, leasing and marketing of
future Commercial. Industrial & Retail Developments, as well as the
oversight of ali Tenant Improvement ConstruclJon projects.
Johnstown American Companies
Consolidated Capital, Inc.
Atlanta, Georgia
Vice-President
Director of Management, Leasing and Marketing and Tenant
Improvement Construction, Boston, Massachusetts's regional office.
Responsibilities included over 1,000,000 square feet of Office / Retail
space located in Massachusetts, Tennessee, Connecticut, Michigan
and Georgia.
Pemonal:
Real Estate Salespemon, Florida
B.O.M.A.
Past President, South Flodda Chapter
Education:
Milton Academy, Milton, Massachusetts
Tdnity College, Hartford, Connecticut
BA History
http://mo~ement, com/bio_obrien, htm 3/24/2003
DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please ~ype or print the following informa~om
1. l~Name: Randolph
2. Home Address:
1323 Prospect Strcct
(Same as above)
4. Prlncipa] ~Business Address:
1191 N. Federal Highway, Ste. #1
5. Home Phone:. ~ Business Phone:
279-0377 I 276-2889
6. Are you a ~ voter? Yes
NameAngela
City Delray Beach
Delray Beach
Delray Beach
E-Mai]Address:
ADR1908(~aol.com ] Cell Phone:
State
Stare
]vi.].
ZipCode
33444
Zip Code
33444
Zip Code
33483
Fax:
279-4885
If so, where are you registered?
Palm Beach, County/City of Delra¥ Beach-Precinct #17~
7. '~~(s) are you in~ in ~awiag?
Community Redevelopment Agency
9. F. ducatio~~~m: Master Degree (Public Administration)
10. List any related profession.al ~rtiliqm~ons and..llce~_.ses .w~you. h. ol .d:....
i~latJOFlal I-orum I-or I:JlaCK I-'UDIIC Aamlnlstrators - Member
11. Give your present, or most recent..ex~p~loz.er, agd' portion:. .
Randolph/~ uewoney t.;onstruction, Inc./President
12. D~a4be e~peri~nces, sldl[s or knowledge which ~ you to serve on this board: (Please attach a brief resume)
*Active citizen from the West Atlantic commun'~ (Jefferson Manor Resident) concerned about the development of Delray Beach.
'Worked with Orange County Government (FL) MMRB Advisory Board preparing annual reports, making presentations to the Board of
County Commissioners and other related task. *Master and Bachelor Degrees in Public Administration
I hereby certify that all the above statemm~ are ~,ff~ ilads:!:~~ that :any ~t of mamSal fac~
~ ~~ I ~ve.
' '~ ' / - ~ITY CLERKDA~ I
N~ ~ ~on ~ ~ on ~e ~ ~ ~ ~'s ~ for a ~ of 2 y~ ~ ~e ~ k ~
._ /
. nge;a anaCo£ph
1323 Prospect Street
Deiray Beach, FL 33444
Education
Florida A&M University
Tallahassee, Florida
Master of Applied Social Science
Concentration' Public Administration
Graduation Date: 12/93
University of Central Florida
Orlando, Florida
Bachelor of Arts Degree
Major: Public Administration
Graduation Date: 12/92
2/97 - Present
Work Experience
Randolph & Dewdney Construction, Inc., Delray Beach, FL; }>resident
· Coordinate and oversee daily operations
· Negotiate and close all business contracts
· Maintain database of clients and principle suppliers/products.
· Develop and promote various marketing techniques
11195 - 2197
Orange County Agenda Development, Orlando, FL; Advisory Board Coordinator · Maintain and monitor all advisory board actiyities, ensuring compliance with the Orange
County Code
· Prepare Board of County Commissioners agenda items and assist in presentations
· Implement strategies to increase advisory board applicant pool of candidates
· Research and prepare the Membership & Mission Review Board's annual report
· Assist in recruitment and process applications for prospective advisory board members
6/94 - 11/95
Florida Jobs & Benefits; Customer Service Specialist · Set-up and process unemployment claims
· Assist individuals in seeking and obtaining employment
· Assist in planning and coordination of Human Service activities
· Determine the needs of indigent county residents for assistance through interviews
· Refer ineligible applicants to agencies who assist in locating/securing aid
10/93 - 10/94
Wal-Mart Corporation/SAM'S Club, Naples, FL; Operations Manager · Conducted employee orientations, ensuring compliance with company/safety standards
· Monitored and provided managerial assistance to employees and vendors
· Devised and directed employee projects to boost team participation and morale
· Organized monthly departmental meeting
Computer Skills
Advanced knowledge of the following software packages:
Word Perfect (All Versions) -- Word Processor
Microsoft Word & Excel (All Versions) Word Processor/Spreadsheet
Print Master Publishing Suite - Desktop Publishing
Quickbooks Pro Accounting
Activities & Honors
National Forum for Black Public Administrators - Member V Alpha Kappa Alpha Sorority, Inc.-Charter
Member/Past President-Pi Psi Chapter V Parent Advisory Organization for Bar & Ferg's Christian Academy -
Vice President V FAMU Graduate Scholarship Recipient V American Cancer Society, Volunteer V Roots
Cultural Festival, Volunteer.
CITY.OF DELRAY BEACH --
MEMBER APPLICATION
1993
2001
,please type or print the following information:
1. Last Name:
Rosen
2. Home Address:
817 NW Second Avenu~
3. Legal Residence:
Principal Business Address:
1515 N. Federal Hwy. Suite 300
Home Phone: Business Phone:
330-0099 266-9669
Are you a registered voter? Yes
.. Gary
City
Deiray Beach
C, ry
Cit~
Boca Raton
{E-Mail Address: }Cell Phone:
garyrosen@att.ne~ 251-1065
If so, where are you registered.'
Delray Beach: FL
State
State
State
FI.,
\X'hat Board(s) are you interested m serving? Please hst m order of preference:
Planning & Boning, Board ~f Adjustment, 'Comm. Redevelopment,
M I.
Zip Code
33444
Zip Code
Z~p Code
33432
Fax:
266-9166
Housing Autk
8. I-,st all Cm Boards on wh:ch you are currendy serving or have previously sen'ed: (Please include dates)
City of Boca Raton Zoning Board Of Adjustment - 10 Years
9. Educauonal quahficauons:
State University of NY - AA Ohio State University
10. last am' related professional cemfications and hcenses wbach you hold.
Flqrifla Real Estate & Mortgage Broker Licens
11. Givevom ~esent, or mostrecentempl(loyer, andposmon:
Taylor Marketing Group -'President
12. ~escfi~eexpenen~s,s'killsor ~owle~ew~..'ch~u~yo%to._~'eonthisbo~d:~leasea~achabnefresume)
Ten Years ox service as a hemmer an~ chairman of the Boca Raton
Zoning Board of Adjustment, Real Estate Developer, Consultant,
Builder.
l hereby ceru~a~ ~ ~ove statements ~re true., ,ad I agree and understand that an)' misstatement of material facts
contained ~i~ ~laay cause foffeitu~ upon my lyre of shy ~ppointment I m~y receive.
~~__~ -, Nov. 12, 2001
subnurted It =4~ be the ap Hcant's tesponsib~' to ensure ;hat a cur;em I pEcau'on ~s'-on £de.
· P '~ {x~ CYCLE RD Mq'L~C~TIO\
CITY CLERK
CITY HALL * 201 WEST PALMt,- ~ ~ O PARK ROAD * BOCA IqATON, FLORIDA 33432-3795 * PHONE: (561) 393-7700
(FOR HEARING IMPAIRED) 'r'DD: (561) 567-7046
SUNCOM: (561) 922-7700
August 20, 200!
Mr. Gary Rosen
1027 Pepper Ridge Terrace
Boca Raton FL 33486
Dear Mr. Rosen:
We want to thank you very much for your service as a member of the Zoning Board of
Adjustment over the past ten years. Because of your dedication, Boca Raton is a better
place for all of us.
In recognition of your sereice, please find enclosed our Certificate of Appreciation.
We wish you success in your future endeavors.
l. Wjr
enclosure
l.~ifJ. Alm=ll, C.P.A.,C.G.F.O.
City Manager
GARY ROSEN
1027
'pefld~e
.trace
Boca Raton
FL 33486
November 12, 2001
Iris. Karen Schell
c~ Of Deb'ay Beach
100 NW 1~ Avenue
Delray Beach, Florida 33444
Re: Advisor~ Boards & Committee's
I have recently moved to Delray Beach having been a resident of Boca Raton
for the past fitteen yeats.
While residing in Boca Raton I served as a Member and Chairman of the
Zoning Board of Adjustment for a period often years.
I now have an interest in serving as a member of an Advisory Board or
Committee for the City Of Delray Beach.
Since 19791 have acquired and developed real estate in South Florida,
acted as a consultant for various national and regional development firms,
and have served as President of the Florida Atlantic Builders Association
representing more than one thousand builder and associate members.
My preference would be a position with Planning 8: Zoning, Board of
Adjustment, Community Redevelopment Agency or Homing Authority.
I can be reached by mail at 817 NW 2~ Avenue, Delray Beach 33444,
telephone at 251-1065 or via fax at 266-9166.
Your consideration on my behalf is appreciated.
o~Jh-i:-.,_ ',~I1' 3'21 3.M },i,}~II"'A~t,i, f:EA(H I~:L[":-. [.~}'I fAX I%i 954 ?;~:ff, 4~,??
~ DELI~Y BEACH
CITY OF DELRAY BEACH
I~OARD MEMBER APPLICATION
Please type or
2. Home Ad'ess:
2:0o
3. Le~ Residence:
'4. P,'~cip~l Business Ad&ess: .....
State
State
M. 1.
.~..yCode
Zip Code
Z~ code
L~sc all City Bo~rd~ on which you =e eumendy serving or hzve previously s~rvcd: (P[flsc include d~tes)
professional certifications and licenses"which you hold:
i 1. G~'e youz present, oz mo. st recent employer, and posilion: .
1h~by c~' ~t ~ ~c s~ve sut~mu ~e ~e, mfl I ~ee ~fl ~d~fl ~at ~'"~;eS~t~t of~t~ facts
cofl~ed~ ~ apph~~)' muse forfd~c ~on my pm of~y ~m~t I ~y ~c~e.
~tc: ~s .pphca~on~ r~ on ~e ~ ~e 0W Clezk's Office fox n p~M of 2 y~ flora ~e ~tc'it ~a's
sub. ned. h ~ be ~e spphont's respon~b~ to ensue ~t ~ ~t n~on is on ~e.
RECEIVED
JUN 1 3 20OZ
P, ITY CLERK
JEROME SANZONE
200 MACFARLANE DR
DELKAY BEACtl, FL. 334g3
(56 i) 243-3299
OUTLINE RESLrME
March, 19S9-
June, 1986-
March, 1989
June, 1984-
June, 1986
June, 1950-
June, 1984
April, 1978-
August, 1980
October, 19$6-
April, 1979
August, 1965-
October, 1966
February, 1963-
August. 1965
April, 1960-
December, 1962
February, 1960-
February, 1963
June, 1959-
September, 1959
City of Delray Beach
100 NW 1 ~ Ave
Delray Beach, FI. 33444
City of Oakland Park
3650 NE 12~ A~e
Oakland Park, Fl. 33334
City of Pompano Beach
141 SW l"'Ave
Pompano Beach, Fl. 33060
Self-Employed
RR 2, Box 816
Pompano Beach, FI. 33067
General Development Co~.
1111 South Bayshore Dr
Y. fiami, Fi. 33131
American Ply',vood Assoc
PO Box 11700
Tacoma, WA. 98411
Rmker blatenals
805 N. Railroad Ave.
West Palm Beach, Fl.
Lindsley Lumber Co.
Steel Division
Damn, FI.
Security Planning, Inc.
Ftrst National Bank Bldg.
M~ami, Fl
Dade County Highway
Design Section
C & C Construction
613 Tabor Place
lm, estor Plantfing Corp.
60 E 42~ Street
New York, N Y
Building Official
Building Official
Assistant Building
Official
Construction Consultant &
General Contractor
Director of Prin~ry
Housing
Sr. Intersmtiona]
F~eld Services
Representative
Eng. Coordinator
Field & Fabrication
of Projects
Estima!ion,
Detailing, Field
Supervision,
Customer Relations
Sales Representative
Estimator &
Designer
l~stinmtor
Designer
Sales Representative
J~3tl-l::-0'- WEt; 9:'_':_: ~.~ F',5},~D.~K, E:E.a.,.'.H E:LM. [,E~? F:42,~ ~,5, 954 :,'E:~5 4~,7V ~. 4
JEROME SANZONE
200 MACFARLANE DR.
DELR. AY BEACH, FL. 33483
(561) 243-3299
OUTLINE RESUME (CONT'D)
Sept. 1958-
Jan, 1960
Sept.,1955-
Sept.,1958
Jtme. 1954-
Sept, 1955
New York C~ty Conm~unity
College
300 Pearl St.
Brooklyn, NY
United States Anmy
Levy & O'Keef
171 Madison Ave
New York, NY
Construction Tech.,
ABS Degree
Corp of Engineers
Mechanical Design
PROFILE
Date of Birth:
Marital Stat~ls'
General Health.
Military Se~ vice
Cerlification.
School:
Organizations.
August 27, 1936
Married
Excellent
US Army Corps of Eng -Honorable Discharge, 1955-1958
Florida State General Contractors
License #CGC-007690
Certified by the Department of Professional Regulations m the
Following areas:
Buildi~g Code Administrator;
Structural Plans Examiner and Inspector;
Electiical Plans Inspector,
Mechanical Plans Inspector
Plumbing Plans Inspector
C.A.B.O Cerlified Building Official #923
Florida Board of Building Code and
Standards Certificate #111
Building Officials Association Building Code
Director Certificate #147
Sou0~ Florida Building Code Building Official,
Chief Structural Inspector and Plans Examiner
NYCCC A.B S. Degree in Construction Technology
Flor~da Atlantic Builders Association Chairman of
Affordable House Conmxittee
Oovenu'aental Affairs Committee-
Builders Association of South Florida
Co-Chairman otTechnical & Con,sa'action
Commiltee
Construction Specificahons Institx~te
Building Officials Association of
Florida
JUtI-I:.,-O'- WEE, 9:"4 .-*'.M F',)MF'Ati,) E:EA,:H E:L£,:5. [,EFT
]EI~.OME SANZONE
200 MACFAP`LAN£ DP.
DELRAY BEACH, FL.
PP.OFILE (CONT'D)
Boards.
Lan§ua~cs.
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
SBCCI By-Laws Comm/ttec
SBCCI Code h~terpretalion Committee
SBCCI E~isting Building Code Committee
SBCCI General Design Conm,tittec
BOAF Resolution Com~finee
Palm Beach CounPy Hurricane Retrofit Con. nit, cc
Palm Beach County plumbing, Electrical and
Mechanical Review Co,~mxittee
[tahan, Spanish, Japanese and Latin
~LIENT
US Dept of Agriculture
National Homes, Inc.
P, yan Homes
G,D C.
Heller, Weaver & Assoc.
Genstar
ITT
Norlhwood Industries
K[a~Chem
Everglades Chen'fical
MCI-Carter Coating
C.A Marando
Florida Dlvts~on of
I. aw Enforcement
JEROME SANZONE
200 MACFARLANE DR
DELR.AY BEACH, FL. 33483
CONSULTING
ACTiViTy
Set up construction con. antes to build mass housing and train
Personnel in Venezuela, $.A., 3 pro. leers started
Acquire product approvals for their system unde~ II~e
SBCCI and SFBC
Analyze and solve construction problerc~.
Analyze and solve comtruction prob]en~s
Evaluate buildings for condo conversions.
Developed site plan for planned corranumty tn $. Dade
Evaluated structures at Palm Coast i~x Buimell, FI.
Approved as expert vdtness in American Arbitration and
Federal Court.
Analyze and solve problen~ of construction applications.
Advised on marketing of construction p,-oduets and gained
code approvals
Advised on marketing of constia:etion products and g-~incd
Code approvals
Advised on marketing of construction products and gained
Code approvals
Advised on marketing of construction products and gamed
Code approvals
Advised on marketing of construction products and gained
Code approvals
Analyze, inveshgate and evaluate projects a~ well as testify as
An expert witness for the Construction Fraud Case
JEROME SANZONE
200 MACFAR.LANE DR.
DELRAY BEACH, FL. 33483
PROFESSIONAL ASSOCIATIONS
American Concrete Institute (ACI)
^mencan Institute of Timber Construction (AITC)
Building Officials Association of Florida 03OAF)
Building Officials Association of Palm Beach County (BOAFPBC)
Building Officials and Code Administrators (BOCA)
Construction Specification Institute (CSI)
Council of American Building Officials (CABO)
Inter.~ational Conli~rence of Building Officials (ICBO)
Southern Building Code Congress International (SBCCI)
PROFESSIONAL CERTIFICATIONS
Broward County Board of Rules and Appeals-
Building Official/Plans Examiner
Buil&ng Officials Association of Florida:
Building Off~cial/Department D~rector
Council of American Building Officials:
Building Official
Florida Association of Plumb~g-Gas-Mechanical Inspectors, Inc.
State of Florida, Department of Business & Professional Regulation:
Building Official/Code Administrator, Plans Examiner. Inspector
State of Florida, Department of Business & Professional Regulation:
General Contractor
State of Florida, Florida Board of Building Codes & Standards:
Building Official
R.ELATED I'ND. USTRY ACTIVITIES
Building Association of South Florida:
Co-Chairman, Construction & Codes Committee 1980~81
Cha~m~an, Palm Beach County Fire Code Advisory Board 1990-94
Chalrma~l, Palm Beach Counl3, Fire Code of Appeals & AdJustments 1990-~4
College of architects, Engineers & Surveyors Seismic Commit'ce 1965-73
Low Cost Housing Committee- Puerto Rico 1963-68
President, Building Officials Association of Broward Comity 1987-$8
President, Building Officials Association of Palm Beach County 1994-9S
Southern Building Code Congress Inlemafional By-Laws Committee 19D2-93
Southern Building Code Congress International Code lnterpreL-,tion Committee 19D4-D$
Southern Building Code Conference International Existing Building Code Committee 19~5-97
Southern Building Code Conference International General Design Comn~ittee 1997-Prcsem
DELRAY BEACH
CITY OF DELRAY BEACH
1993
2001
Please type or pgnt ~e i'ollo'~inl~ informagon:
I. l~st Nam=': " Nzrne ~i I
SCHOENBERG KATHLEEN W
2. Home Ad&ess: C. Jty State Z~p Code
,,,1050 BROOKS LANE DELRAY BEACH FL 33483
3. J~ega] l~.es~dence: City State Zip Code
1050 BROOKS LANE DELRAY BEACH FL 33483
4. Pzincipal Business Adclzess: City State Zip Code
110 S.E. 6TH STREET FORT LAUDERDALE FL 33301
'~. Home Phone: Business Phone'. £-Mail Ad.ess: Cell Phone: Fax:
561-274-7428 ;[~=d-Ea&"7~500~ KATHLEENO SEAUCEMANOR CO~ 561-350-3343 561-274-9728
6. Are ~'ou, ~eg~stc:ed ~'oter? If so, where a~e you zc~stercd?
YES FLORIDA
7. \~'h~t Board(s) zre you interested in ser~-mg? Please hst in order of preference:
1 .Education, 2. Downtown Development Authorit~ 3. Communib/Redevelopment Ac~enc),, 4. Planninc~ & Zonin~l
8. List all Cra.' Board,~ on ,~'hsch ~'ou are cusrend)' ~er~in~ or h~ve pre~%usk.' serL-ed: (Please include da~c
NONE
9. Educauon~l qu-I, fk~uons:
J Rutgers Universit~ B.A., lgg2, Temple University, J.D., 1
10. ].Js~ an)' reh~ed professional ce~£cadons and licenses which you hold:
MEMBER, FLORIDA BAR, PENNSYLVANIA BAR AND NEW JERSEY BAR (INACTIVE)
11. Give your present, or most recem ernp]oyer, and posiaon:
T~'.."'.'" CCO .'~r_ATTORNI='Y {a~l .I~S?E: ,"C,:';, CHART~.r~
1~ Desccibe experiences, skills or -~owledge which qualif3' you to serve on this board: (Please attach s brief rcsurne)
My law practice focuses exclusively on charter schools and real ,estate. Please see my attached resume.
I heteb}' cergf~' that ag the above statements ~e tree, s.nd I as, tee ss~d m~detst~nd ',bat ~y missu~emem of m~tenal facts
contained m tl~s Ipplicauo~ may cause forfeiture upon my p~,'~ of any tppointmem I r~)' rccer~.c.
SIdX'ATURt~O- D..','FE
Note: 'I'~J_s apphcation will remain on ~c in the CitT Clerk's O£6ce for s pezsod of 2 years fzom the ~te Jt was
submitted. It ~'iIl be the upp]icant's ~csponsibi]itT ro ensure tha~ · cu=em application is on ~le.
5 RECE
Kathllen form.max
HAY 2'2 2002
CITY CLERK
KATHLEEN W. SCHOENBERG, ESQUIRR
EDUCATION
Temple Un/~rsity School of Law
J.D., ~ l~ude, M~, 1~8
· Top 10% of class; Dean'a List ~ semester
Douglass College, Rutgev, University
· Deam's List five semesters
PROFESSIONAL EXPERIENCE
Phihdelphia, PA
May 2000 - present Tripp Scott, P.A. Fort Lauderdal~ FL
· Serve as in-house counsel for an education management org~i~stion, one of 6,~'s largest clients. · Draft and negotiate a v~dety of contracts Cmduding development and management agreements, real
property and equipment leases, service contracts, and employment and consulting agreements) with
municipalities, non-profit corporations and private organizations and persons.
· Advise client on employment issues, such as ~,-nination, employee stock option plans, and
compliance with applicable laws.
· Advise client on al] matters affecting corporate pasent, fifieen subsidiaries and ten non-profit
foundations.
· Advise client on planning and zoning issues regarding school facilities.
· Supervise compliance with local, state and federal laws.
1996 - 1999 Robert O'Donnell, Esq., Former Speaker PA House
Ld; C/o'/~/.,qttornfy
·
·
·
·
·
·
Phihdelphia, PA
Drafted and negotiated commercial real estate leases.
Applied for zoning variances and represented clients before the Zoning Board of Adjustment,
Supervised site compli~ce with cnvimnmen~ tests and other state requirements.
F'ded articles of incorporation, drafted by-laws, supervised board of directors meetings.
Drafted and negotiated employment agreements.
Supervised and monitored charter schools' compliance with complex state law.
199~-1994 Oq)onnell for Governor Campaign Philadelphia, PA
· Developed and maintained a targeted, proactive daily schedule for gubernatorial candidate, including
briefing candidate dixecdy on dermis and key issues for each event.
· Negoliated and dealt with all invitations from news media, individuals, oeg~ni-_~6ons, and campaign staff
to meet the strategic goals of the campaign plan.
ACHIEVEMENTS
· I.,~censed to practice in Florida, Pennsylvania and New Jersey.
· Member of Moot Corot Honor Society.
· Recipient of the Reuben E. Cohen Memorial Awaixl for achievement in zoning and land development.
· Recipient of the CALl award for highest grade in legal writing and research.
· Legal Writing and Research and Intro ~o Trial Advocacy notations for outstnnding oral advocacy.
· Nationally published poet.
Tm.m~HONE: (561) 274-7428 · FAx (561) 274-9728
E-MAn.: KWAI2.10(~AOL.COM
1050 BROOKS LANE
DEI.RAY BEACH, FL 33483
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
2o. List any re. lazed pr°f~sioz~al cez~cadom ~d ~ ~& 7o~ bo~
EDUCATION:
Clark University, Worcester, 1~ Ia'bend Arts Major
Boston College, Boston, M~ Economics major, one year
Pratt Institute, Brooklyn, New York, Architectural Degree.
,A,j~hltec~ Medal for Excellence in Atch/~ F2ucation
Harvard University Csraduate School of Design, June 1989
Harvard University Graduate School of Design, July, 1996
American Institute Of
CERTIFICATION:
Registered Arch/tea: Florida and Illinois
Silberstein Architects was founded in 1990. We are a small firm with a reputation for
innovative design and delivering projects within budget and on schedule. This is evident
as we continue to work with repeat clients and referrals generated by our reputation- Our
success evolves as we assist clients in definlqg project goals well before suggesting
solutions, a process that creates a full understanding of objectives before transformation
into reality.
Mr. Silberstein has practiced architecture, both nationally and internationally for over 21
years with a list of prominent srchi~ firms and projects to his credit. He has been
associated with many building types, including educational facilities, office buUdlngs,
interior office and residential renovations, museums, ~t galleries, religious facilities,
residences, mixed - use developments and commercial projects.
The American Institute of Architects has singled several of these commissions out for
special honors. In 1998 Jeffrey Silberstein was awarded The Award of Honor for Design
by The American Institute of Architects. He vas reco~iTed for "the high quality and
originality of his work over an extended period of time". His work has been featured in
The Miami Herald, The Sun - Sentinel, The palm Beach Post, Florid Architect, Interior
Design, The Boca Raton News, Architectural Record and other international publications.
Mr. Silberstein has served as, a guest writer for the Hartford Architectural Conservancy
and The Palm Beach Post, a critic member of the Works of Art Commltiee of the Boca
Raton Museum of Art, a member of Jun/or Achievement and on the Boca Raton
Community Redevelopment Agency Task Force on The Cm~e Commi~ion. He currently
~trves m Chairman of the Board for The Toussaint L'Ouveture High School for Arts and
Social Justice in Delray Beach, Florida.
Mr. Siiberstein resides with his wife Rosemary md two daughters, AngeUca and Sarah in
Boca Raton, Florida.
PROJECTS
LIST OF PROJECTS:
SCHOOLS:
l~oca Raton CommltBjty ]~igh School, Science Addition and Master Plan, Boca Raton,
Fl. AIA Award for excellence in Design
Florida Atlantic University, College of Education, Boca Raton, Fl.
Hunt Elementary School, Coral Springs, Fl.
Harid Conservatory, Boca Raton, Fl.
Temple Israel Early Childhood, West palm Beach,
All - Star Academy & Sports Camp, Delray Beach, Fl.
Temple Bet Emet Early Childhood and Grades 1,2 &3, Cooper City, FI.
Toussaint L'Ouverture fllgh School for Arts and Social Justice, Delray Beach, FI.
MUSEUMS:
Museum of Modern Art, Seoul, South Korea. AIA Award for Excellence in Design.
The Gallery Center, Boca Raton, Fl.
Morikami Museum, Delray Beach, Fl.
SPECIALTY PROJECTS:
West Regional Courthouse, Plantation, Fl.
B'nal Torah Congregation, Boca Pawn, Fl.
Temple Israel, West palm Beach, Fl.
Boca Rnton M_~usoleum, Boca Patna, Fl.
Temple Bet Erect, Cooper City, Fl. ( Cm'rent )
Temple Israel, West Palm Beach, Fl. (C'mt~t)
l.l.qT OF PROJECTS:
RESIDENTIAL:
National Custom Homes: Custom Homes
Wycllff Country Club: Custom Homes
Governor's Walk, Delray Beach, Fl.
Neal's Market Townhouse Community, Delray Beach, Fl. (Current)
Knikavan Residence, Les Jardins, Boca Raton, FI. (Current)
Hakkenberg Residence, Bonaire, Netherlands Antilles Featured in Caribbean World
Magazine
Foght Residence I, Bonaire, Netherlands Antilles AIA Award of Honor For Design
Foght Residence ~, Chicago, Illinois (Current)
Foght Residence ~ Bonair~, Netherlands Antilles (Current)
Richman Residence, Delra¥ Beach, Florida
Littman Residence, Bonaire, Netherlands Antilles
K~tzev Residence, Bonaire, Netherlands Antilles
Gardenia Place Townhouse Community, ~e By The Sea, Fl.
One Young Circle Condominium Tower, Hollyvax)d Beach, Fl.
Andrews Residence, Ocean Ridge, Florida
Andrew's Residence Il, Ocean Ridge, Florida ( current )
Tlcktin Residence, Ft. Lauderdale, Fl.
!.l~qT OF RESIDENTIAL PROJECTS CONTINUED RESIDENTIAL:
Lassiter Residence, Bonaire, Netherlands Antilles
Botman Residence, Bonaire, Netherlands Antilles
Epstein Residence, Weston, Florida
Green Residence, Boca Raton, Florida
Pineapple Place Condominiums, Delray Beach, Florida
Schmier Residence, D~lra¥ Beach, Florida
SchlJcht Residence, Boca P~aton, FI.
Nucldes Residence, Delray Beach, Florida
Caribbean Blue Condominiums, Bonaire, Netherlands Antilles (Current)
Cohen Residence, Delray Beach, Fl. (Current)
Ikoln Residence, Boca l~ton, Fl. (CurrcnQ
$chsfer Residence, Manalapan, Fl. (C%uven0
King's Row Tow~house (~ommunJty, Delray Beach, Fl. (Current)
LIST OF PROJECTS:
OFFICE BUH.r~INGS:
Bank of Nova Scotia, Curacao, Netherlnnds Antilles
Presidential Circle, Hollywood, Fl. Winner of many design awards.
Management Systems Worldwide, LLC., Delray Beach, Fl. (Current)
WJMK Stndios, Boca Raton, FI. A/A Award for Excellence in Design.
NCNB Bank, Boca Raton, Fl.
Over .~00,000.00 square of office space planning for Henderson Mental Health Center,
WR Grace, Trnmmel Crow, Gampel Organization, Panther Really, and other corporate
clients.
Spectrum Office Park: Two Phase 45,000 s. fOffice Building, Ft Lauderdale, FI.
Sirs Inc., Delray Beach, FI.
Silberstein Architects, Delray Beach, Fl. AIA Award for Excellence in Design, 2000.
Office Building for Dr. Reilly, Delray Beach, Fl. (Current)
COMMERC~TAIL PROJECTS:
Hertz Service and Rental Facility, Windsor Locks, Connecticut. AIA Award
Boca Valley Shopping Center, Boca Raton, FI.
Key West Espresso & Ice Cream, Key West, Fl.
Littman Jewelers, Bonaire, Netherlands Antilles.
Llttman's At The Plaza, Bonaire, Netherlands Antilles
Littman's, Bonaire, Netherlands Antilles
Peppercorn's Cafe, Key West, Fl.
LIST OF PROJECTS:
HOTELS & RESORTS:
Paradise Village Tulip Hotel, Curacao, N~'therlamls Antilles
The Hamlet Resort, Bonaire, Netherlands Antilles
Avila Beach Resort, Curacao, Netherlands Antilles
MIXED USE PROJECTS:
Union Station, Hartford, Connecticut
Pineapple Place, Delray Beach, Fl.
One Young Circle Condominium Tower, Hollywood Beach, Fl.
Sirs Office and Retail Complex, Dclray Beach, Fl.
INTERIOR ARCHITECTURE:
Becker Residence, Boca Raton, Fl. A.LA. Award 1999
Foght Residence, Bomire Netherlands Antilles. A.LA Award 1997
Agardy Residence, Boca Raton, FL
Katzev Residence, Bormhz, Netherlands Antilles
Green Residence, Boca Raton, Florida
Simon & Simon Law Offices, l~lray Beach, Florida
WJ-M~ Studios, Boca R~lton, FI. AIA Award for Ezcellence in Design.
RECOGNITION
RECOGNITION:
American Institute of Architects Awards for Excellence in
Design:
Boca Raton Community High school, Boca Raton, Fl.
WLMK Studio, Boca Raton, Fl.
Foght Residence, Bonaire, Netherlands Antilles
Becket Residence, Boca Raton, Fl.
Museum of Modem An, Seoul, South Korea
Silberstein Architects, Delray Beach, Fl.
Award of Honor for Design from The Palm Chapter of the
Amer/can Institute of Architects to Silberstein Architects for their
outstanding contribution towards architectural design. Jeffrey
Silberstein was cited for the "high quality and originality of his
work over an extended period oftime". 1998
Publications:
Architectural Record
Florida/Caribbean Architect
Boca Raton New~
Sua- Sentinel
Miami Herald
Interior Design
DBZ German Design publication
Antillean Review
Caribbean World Ma~.=in¢
/-
2001
Silberstein Architects, delray beach, florida
Foght Residence, Bonaire, Netherlands Antilles
The island of Bonaire in the
Netherlands Antilles is located 38
miles north 6fVenezuela. After
spending ten winters on the island,
the owners of this house bought
property on which to build a
permanent winter home. Bounded
on three sides by residential lots
and a two-lane road, the house
faces west toward the ocean.
With 3,000 square feet of floor
space, the two-story house has
three bedrooms and two bathrooms
on the first floor along with family
room, storage and kitchen and a
large master suite and library on
the second floor. The plan resulted
from a clear program and specific
site conditions. For reasons of
noise, privacy and security, the
front of the house has two wings,
garage and guestrooms, connected
by a privacy wall that creates a
barrier between the house and the
public road. The house can be
entered through an ornamental
doorway leading into the courtyard
or through the garage. The court-
yard is enclosed by the guest wing
on the north, the living room on
the west and the garage on the
south. A stairway leads from the
courtyard to the master bedroom
suite on the second floor. This
suite is directly above the living
room and fronted by a terrace on
the west that overlooks the court-
Photo, top. West elevation of the house as leen jgom the ocean; Above: SecondJloor
terrace on the west that overlooks the courtyard and ocean. Photos by Chuck Wdkms
florida / caribbean ARCHITECT
winter 2001
yard as well as the ocean beyond. The
courtyard, w.h its 30-foot long fountain
fringed with seven water-spouting frogs
on each side, acts as a buffer against
roadway noise while providing privacy for
the three guest bedrooms. The guest
bedrooms have access to the main living
room from the courtyard, as well as to the
ocean.
The floor plan is axial. From the
ornamental courtyard gate that serves as
the front door, there is a direct view of the
ocean through the courtyard, living room
and terrace. The terminus of the axis
between the front door and the sea is a
radial cedar deck that cantilevers over the
cliff. This deck is edged with cedar
bollards housing indirect lights. Below
the deck are l~ghu that illuminate the sea.
Views from the house were important
to the chent so most of the rooms have
direct views to the sea. Windows and
doors are typically located opposite one
another to allow cross ventilation during
the months when air -conditioning is
not necessary. All of the floors and
bathrooms are finished in limestone and
ali other surfaces are painted stucco.
Doors and windows were custom de-
signed and made of mahogany by
craftsmen on the island.
Photo, top: ¢ourtyard a~l $O-foot fountain u~ith
~es~ms. Photo ~ Chuck Wi~ins. P~n and e~aeion
~urtety of the arch#ea.
.t~rida /caribbean ARCHITECT 2.3
winter 2001
THE P$~IM BEACH CHAPTER
OF THE
AMERICAN INS~ OF ARCmTECTS
I$ P!.I:-~.Sh"D TO CONFF, R TI~
AWARD OF HONOR FOR DESIGN
FOR ~ oIIrSTANDING CO~UTION
TOWARDS ARCHI~CTURAI, D]~IGN
Conferred
November 20, 1997
PrUdent
BUSINE'SS
Sun-Sentinel, Monday, February 5, 1990
:'
II I iliil, 'i
FUTURE DESIGN-'
Architects are remodeling buildings ' '~
-to satisfy's, qphisti~t, ed buyers. 8 .... ._ '5.. ,.
ca life.
WHEI 'ZEItSAS'ONCE 'ROAIVIEI]
liked the idea of
having a park Close ...'
~rdmcc~ Jcffr~ S~l~ln h~ on ~t ~d
~1. ~ .l ~me pr~c m B~a I{alon
I~rl*.l L'~ ¥' ~I~O Ibc} ~rc hu~-hunt~.
'~ ~d ~c ~ o;ha~g ~k m c~,"
~td Stifle·n, "of~nj o~ ~ q~ p~ m
· ~(ned USA" C~L~ (rflm 3~tt 1951 lo 1~
~.:ul dc~ct.~rs ~td dig ~nd ~c ~J~il~ by
~erc nol
~J~rslcln, ~, ~ ~ the ~ ~ m~m~ he
6ith w~tc ~l talc r~f. ~y ~t~ows,
feZ 'dd w~mdc~ll Ir~pl~ ~)k a~t it.
:mitt rc~;nmg h~ o~
u klm~ for h~ work ~ ~ ~a ~t~ ~
~lt,'~l ~ience addm.n, U)c Mu~i M~m
].~ Ddmv )kuch, IlK H~d C~m~ ~d
flail} ~.~l:l D.r)41 r~d~ice~ He.~ hcl~
design ;he thc Museum of Modcm At1 in Seoul,
SmJth Korea.
~n'a ~ ora 7~ ~g f~t pti-
~ ~m ~e pr~o~ ~n~ ~i~te ~
~ldt~u (,MA), P~ B~h c~'pter a~rd ~
~non ~e ~o~mou ~c ar ~ ~th's ~-
et at ~ Br~k~ ~ P~ B~cl~
mx~ ~ a~ ~ey ~re ~tB mmc
I~ had ~plaF~.
'I'm ~ a~hJl~t," he told them. "~ ! ~w
Ip"
~:c F~U ~ ~ m ~c over ~e
~d ~b~u~dy ~ h~ lo ~ld ~dr
~ ho~ ~ thc ~fc ora cl~ S~ ~en he
~'~ ~ploy~ to ~ ~w~ ~ ~
i~ton's oldesz re~dential sections.
"Ir Ires sc.de," hF my~ o[ tM nd~hbodmed.
'And friendly bou.~t"
Iq .u?~ I?Ct and .i~.Judes · ~wlil, I¢~ imdo
ua p~oz ar~ where they often m~t .m~ln.
"We a,d pdt in ~ new wJndo~," be said ".,~
we mdkl d~ hal~ ·ad kbF. b~ md i~t ia
reuemed Ulhtml"
The results emptumi~ tM opm, ~ look,
of thc nu~ideno~. The c~'m'raz2~ ~oo~ aR k~t
The room tl~. re~ly it~ i~ tbe'fi~_ y mom.
~t~off th~ kltchcn, is eamml and'e~lo:~l.
SUbersteln designed and hdh ~ ¢mfpact waft
mitt. the mom's focus.
'l bite this ~)tece," Slibm3tetn nye '£vml U'the
'~ad,"
°r~rwtein b · Brldul',' oE Pratt Ltmfitute Ils
New York City He nye he knew he warn-4 m be
aami for it) wh~ he wa· rou~ yea~ old.
Mocks," he rm~aUed.
For a wtuJe though, he thought he might gu m
his parents' ~ bu.mnus.
"I ~
~ ! would be bored after · wMic," he m)s "h
arcidlecn~i,, yo~'r¢ con~la~dy in,otved m th~
cr~mon of th~"
Currendy he is
Slag Acadcm) in
il~lud~ ·
.1~1~ ter ~l~d ii ~ fo~c~ ~ Hg a]so Is workmt.:
M an Ipttnor project for ·jewet~ s~orc m
Bow, ire and · brokerage firm in De. lray Bcodt.
Silber~eia, on .1~, ally ~ Caan~cut, enjo},
spearing dine mill cbrnu,, leashing theft Ukc~
· ad a,diku, ami helping ~em lo phrase the~
klm %~
Wm Comma ~'dens Blvd., S,,qe ~206.
· 'Dedltu evolve fvom what the che~t teUs m~
and also eom what the me ~ me," he smd "~
Imm~es ~'k~ad ol' ~pitttua~ dd~g, when you talk
He rays · project ohen hecome~ a re·clung
exneflence, ax ~J!
Moving Up
effrey $i ers ein
Owner, Silberstein Architects,
IntT, in Boca Raton
Recent accomplish-
ments: Jeffrey Silberstein of
Silberstein Architects Iht'l,
Boca Raton, is the 1998 Award
of Honor winner from the Palm
Beach Chapter of the American
Institute of Architects.
Silberstein was recognized
for advancing the cause of out-
standing architecture and pro-
viding inspiration to fellow
practitioners. H~s design of a
two-story, four-bedroom resi-
dence in Bonaire, The Nether-
lands AnGles, was the overall
winner in the "B~iit Project"
category.
The home design was noted
for its dramatic Ughfing ar-
rangement built into a cantile-
vered decking, overlooking the
oce~'L
"It was a challenge because
it was a very narrow lot," he
says. "I was able to create a
home that gave a lot of privacy.
"The award is only given
once a year. AU other entries
received merits. It's a real hen-
or because ~,ou're judsed by
your peers.
Educstion: Graduate of
Clark University and received
his professional degree from
Pratt Institute in New York.
Age: 44.
P~rsonal: Married to Rose-
Angelica, 10, and Sarah, 6.
Originally from Curacao, Neth-
erlands Anlille~ Siibers~ has
lived in Boca since 1985.
Career highlights: Silber-
stein also received AIA awards
for several projects including
the Boca Raton Community
High School Science addition,
WJMK Studios and the Muse-
mn of Modern An, Seoul,
South Kore~
Jeffrey Silberstein
(above) designed
the All-Star Academy
in Delray Beach. His
design of a two-sto-
ry, four-bedroom res-
idence in Bonaim,
The Netherlands An-
tilles (left.) won an
award from the Palm
Beach Chapter of
the American Insti-
tute of Architects.
HEATHER SELWITZ/
An arc.~itect for 17 years,
Silbers~'s projects in Florida
include designing of the Mori-
kami Museum, Harid Conser-
Au t~, College of Education at
and Presidential Circle.
Kegblea: Reading, art, ten-
nis and going to the gym.
Key to auoo~ss: "Never
stop learning," he says.
never know enough, and I love
what I do."
4 Boca Raton News/Socie~ Monday, 5eplember 29. 1997
:.-,Il-Star Academy holds dedication ceremony for new campus
~'~.,L~. lycelebraLedthe -
r'~=~A~ . ~:.~ ~ ~u~ c~-
cnu. ~n~ ~ f~uhy
nk'm~r~. IIc~n~cr Bob Smnc ~cd
Gcacral Con~'Lor P~ l~o~.
~acd from ~ cm~y ~ m mx ~
ib ~oa] of becoming ~ lop college p~
~' ~h~l m ~onda An en~us~uc ~ ~-
cn~d l~uhy, ~ung wi~ a c~knging c~-
r~ulum combine IO offer c~n m ~ ~ a
AII-S~ Ac~cmy is ~y e~ing ~
~ of d~ prcmJ~r ~n~nL ~ls m ~
~a ll~c en~ f~uhy u ~ ~ ~ ~-
m~ lot ~b u~oming ~c~imlon mvkw ~1
~nth ~d AII-S~ es~ Io ~ fully ~cmd-
a~d b) ~m~r, 1~7 by ~
C~ncd of In~n~nl Sch~ls.
yc~*ol,I AII-S~ S~ ~p ~ U~a ~ton.
Ai th. urging of ~wg~ c~p f~lies. SI~
~u~*d~', hddrcn ~ ilh ~ ~ucAaon ~flL on
~ld ~chgl~u& dlfihdlh~5 round al other ~d
l~L'~.m~, ,,~ d~' camp. SI~ w~ m ~gu~
could Like a ,hiM IlUIll I)~Jl~] IJmm~h
firal )~ a~ wcr~- laught from ~blc cl~*
Polo. In the second yea~. 205
Iludent~ mamculatcd,
mclucbng 130 m the new
elementary school, and by
~MO raudenL~ The school
opened ~]s yc~ with 525
muclcnts tn prcschool
throuah 12th grade.
Although thc campus is
zoned for 1,0.'i0 students,
the school will adhere Io a
mnci pohcy of keeping
c|a.,,'~'a capped at 20 ~au-
dcn~ per cla.~.,.
Fur re.my AII-Sta; fa.mi-
lie=., the new campus is a
yeas in portable cLu~-
toonu The ney.: state-of-the-
mi, 21-ac~ campus comc=, cumplet~ wflh
ndnum,.trailon buddings,. 41 c ,lussnx)ms,
library, two computer labs. iv.u an raudms,
cafelorium and mu=.lc rou~m, and recre~oa
field Phase IL costing ano~r $5 milhoa, will
begin baer tlu=. ye. ar and will add mi
15 I~ lo mclu~ a. 13~mfl~lurn, ball fields,
~ eenler, aquali~ c~plex and ecolab Io
AlJ-Slar A:ademy0 now m lb fourth yea~ of
operauon, i~ fur becoming une or the top
iJ~'pel~l~At ~Choolb m ~ al'ca ~ schOOl
oR'ets an experienced faculty, a nurturing envi-
ronment and =.mall cla...s size.~ (broil 20 ~u-
d~nl~,i Ali-Star Academy's phllo=..ph) i.,, dcd~-
Calcd lo budding ~lI c~mfidcnce, cqmppmg
cash %iudcnl v, idt Ih~: ~,iud) '~Ldl,, aL'C¢'~'3.
r~:h Itl,, lull .~'adclm¢ polt'mml ami
r, ionate in their n:lall:m..hlp,, w IIh i~¢r.'., pm*
Iribuled Io thc ~h~d',, rap]dl) l~mWlng
L~ty and sUO. C'~.'. Ill 1h¢ COIlUIILIIIll)
spirll of I~¢lhcrl~.~ I~f'm IlK' I~ddllOU
school l,fr II ~s through th~, nunumq: and
able lo =.uc¢¢~full) ,I..vcloI) ~ll.¢&l~Clll aid
high t,.vrl of ~¢-~mlc
C~rlll~, d¢',olcd I¢,lchcr=. ,u¢ Ibc l~c)'
dL"~rct*s mid mi d~.t'ra~e Of Ill or more ye,Ir· Ill
education 'Ilk. la:uhy rn~ntl~ i~la.~, a
b~'oad ran.et of lak, m,, and inleresL~ Ihal richl)
cnhan~ ~ classroom envitonmcm, They
'~tca~d Lo ~eit ~n~ ~ m d~ ~l's
~ of ~'t'~c ~1~ ~d ~idu~
~, S~I c~ ~ ~ ~, ~e ~d
~r ~l e~ ~ ~ c~ld w~l
~ ~ ~ i ~y ~ f~-
ulty.
~C~L
AH-~ Ac~my =~ ~il~n
~, fm ~ 5~ ~ old, ~ ~
n~mdlly n~m~ I~in~ ex~ences m
cluldr~u ~ ~'nu,~ I~c I~ l~m~ m~d a I~-
n~mn~ ~ cl~'c~ul, c~f~k' ~d lull)
~1~ Io ~lmml~lc mid ~ently ~llcn~e U~
'1'~ ~um~ulum ns O~M~cd I~ o~r ~u-
~rllul~ LOIUI)UlL"f, In~gln~t~c play.
Ihrough ub~.r~a~on ~d ~cl~]nenl~ cl~cL-
~ ~L
~m~llMMu-
~m)' ~lie~ ~ chip
nm i~ by ~
mg ~, ~ ~,
mvolv~ ~ ~
~d f~ of ~ing.
At ~I-S~ A~my
~h ~dd is ~n ~ f~-
dom to gxpl~, m e~,
~d m ~ ~ ~ ~e
~d ~ ~ of a
I.~Sbll~lll [Mid instru¢tlon.d nuaicnals, hax k
~ m~ch ~d ~u0 C~IcuL xs ~d u..,
from ~u ~ ~. such ~ ~ N~u~l
~ of T~n of M~Jc~. 1~'
N~I ~iatlon of Tc~ of ~ghsh
~ a v~ely oF m~ch-~d pubhcal.m,
M~DLE SCHOOL
Middl~ ~h~xd ~lu~nl~ R.y~ ~d ~lrls
nlquc~ a~d mc cnc~)urd/cd m ~'~cloI) d
phncd a~)ro~h l- Ic~mng ~ hlcll ~lll
~m lot a hl~lllll~'
~]r mt~rc~L~ Iii other :uL.a,. mdudmg thc
YG~ ~ IIIUblC, ~la ~OI11~1l) ~I~L'
~d alh]el~ ~ Mid~k' ~h~] phll~ph)
i~ ~d~c~cd Io ~ldmr ~ll<~m~ncc ami
~ ~my is a high)' c~lcnging
~ H~ ~*cl c~ ~ oEe~,d m
~ ~r ~m~ ~ uf ~h~d
All-S~ A~m)' ~uuld ~t ~
~ ~vid~ ur ~s w~ would
b~ to ~ ~ m ~s impel edu
~on po~t ~uld con~ R~fl SI~. aL
(561 ) 495-7272. AII-SI~ A~my ,~ a 5u 1,
~on All ~l,¢ms ~y ~ ~
~fl~ m ~ Ac~my ~
RECEIVED
11111! CITY OF DELILAY BEACH DEC 20
' ~i !~- BOARD MEMBER ~PLICATIO, 0'~
1
· ~o~ I ~l~~~ I I I
Fz ~o~ :~a~,,~, ~- ~ ~ ~ -! c,~ ~- ~ . I s~,1 ~P
4 "~.~ ~,~,,; Aa&u,: "' 16~ .... i S~ I z~
'' ' I , I
, ' ~. .... ' D~ /~ ~,,-
: , [
t ,,,--,.~,~ ~.,.~-?~~~--' ~--,.--'~-~=-''~'~-'-
,
~LRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please ~~e or print ~c followir~ infom~tion:
1. I sl arn ': " M. L
Stanley Thomas H.
2. Home Address: City State Zip Code
29 N.E. 4th Avenue Delra7 Beach FL 33483
3. Legal Residence: City State Zip Code
932 Kokomo Key Lane Delray Beach FL 33483
"~. Principal Business Address: City State Zip Code
29 N.E. /,th Ave Delray Beach FL 33483
5. Home Phone: Business Phone: E-Mall Address: Cell Phone: Fax:
561 266-5989 561 276-6363 tomstanley@bellsout~.6nle{62-4111 !561 276-8881
6. Are you a registered voter? If so, where are you registered?
Yes 932 Kokomo Key Lane~ Delta7 Beachv FL 33483
?. tl~nat Board(s) are you interested m serving? Please hst in order of preference:
Community Redevelopment A~ency: Plannin_~ an& ZonfnE_. RPP. kR. Bo3,mtm,m Dev. Auth.
8. last ali al9' Boards on wluch you are currently serving or have previously served: (Please include dates)
None
9. 'F~ucaUonal qualificauons:
B.A. Princeton University; J.D. Florida State University
10. List an}' related professional certificagons and licenses which you hold:
Hember of t~e Florida Bar, Real Estate Arty
11. Give your present, or most recent employer, and posigon:
l~acltillan & Stanley - Attorne~
12. Describe expegences, skills or knowlexige wl~ch qualify you to serve on this board: (PleaSe attach a bgef resume)
See Attached
i hereby certify that all the above statementa are true, ami I agree'~ unde~tand 'that any misstatement of material facts
contained m this amalicafion may cause forfeiture upon' my lam of may appointment I may receive.
Note: This applica~on~ain on file in the Cit'5' 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.
MacMillan & Stanley
29 N E 4th Avenue
Delray Beach, FL 33483
Thomas M. Stanley
Phone 561 276-6363
Fax 561 276-8661
E-mail ton~anley~bellsouth net
1995-1999
1999-2002
Princeton University
Florida Slate University
Princeton, NJ
Tallahassee, FL
1997 - Summer
Law Clerk
1998 - Summer
Law Clerk
Seamy, Denney, Scarola, Bamhardt, and Shipley
West Palm Beach, FL
Office of the State Attorney West Palm Beach, FL
2002 Leon County Circuit Court Tallahassee, FL
Judicial Clerk
2002- Present
Attorney
MacMillan & Stanley
Delray Beach, FL
Member of the Florida Bar; American Bar Association; Delray Beach
Chamber of Commerce; Council of 100; Boca Raton Estate Planning
Council; Palm Beach County Bar Association; Delray Beach Historical
Society; Member of Real Property and Probate Section of the Florida
Bar; Member of City, County, and Government Law Section of the
Florida Bar, Member of Elder Law Section of the Flodda Bar
I was bom in the Delray Beach area and was a 1995 graduate of the
Atlantic High School International Baccalaureate Program. I have a
vested interest in the growth of Delray Beach as a downtown landowner
and businessman. I feel that my skills and knowledge as a real estate
attorney and Delray Beach native will bring added depth to many of the
City of Delray Beach developmental and review boards.
BOARD MEMBER APPLICATION
2. Home Acldv~s: r Ci~ $ Zip Cod~
4. ~p~ Bu~ess
~. Home Phone: ~us~s Phon= .... ~'Ad~ess:
llJ ~e yo~ pmmg o~ mo~ gcmt ~oy~, ~d po~6o~ ..............
Nor~ This applics~ion will remain on fie ia the City Cica% Or'ce for · pmdod of 2 ye~ Eom the 8~e it ~
submitted. I~ ~ be the ~pplic~nt% t~pcmsibility to e~sttrt ~hat ~ cmxeat ,pplic~tion is oa file..
REGEIVED
HAR 2 5
CITY CLERK
Dinah Stephenson
December 1988 Univemlty of Miami ~chool of Law · Received Jurb Doctorate (J,D.)
May 1981 Uni~o~Jty of Alabama · Received 8echelor of ~cience (B.S.)
Miami, FL
work ~ 2om -
TuecMCO~, AL
present Attorney at Law for $choll, Ti~ktin & Ai~ociates '
Primary practice area has been Real Estate transactions with a
concentration in title work, including processing, closing and
post closing of files.
2001 - present · Broker/Owner of Destinations GMAC Real
Estate which is now Exit Realty, The Destinations Group
0111992- 09/2001 D. Stephenson Construction, Inc.
· Respon~.b~ for dairy rrmnagement, ~eduling, coordi~ and
general ~q~rvision of all ~clminislralive ~d legal fundions of the
workers compensation and olher per~mnel issues.
1993- 2001 Stephenson Realty, Inc. Miami FL
Pm~denl, Chief Exeeulive Olficer.
· Responable for acquisitions, coordination of real estate
management, contract negotiations, feasibility analysis, and daily
~,=cout~ng and supeMsing of all ~ompany owned commercial
Vice President
· Resjx, noi~ for supervJsJr~ mercf'~ng of rrc~:fu~s end
1988 - Present DD$ Inveamenls, Inc., MMmt FL
Vice~
· Respormble for ac~stlion of mmmercial pmpert~..s, coon:irmUon of
real estate management and coram~ negoliaUons.
Responsible for har'~:lfinO Real Estate acquis'~:~n$ and feasibility
anatysfs. Oor~nuous in~ with Rea/Estate manage~
and administration. Pmctioe included all aei:xects of Real Estate
Law, Guardianship, Corporate Law, Cor'~m.e:t~:,n Law and Gerten~
Practice.
~983-1984 ShtJUS & Boweo, Miani FL
Respomible ~ dcx:une~ prepamtic~ in word proce~ng division.
The Florid-, Bar-member
~ Real Estate ]~oker'$ license
National & Floride Board of Re~ltom
City of Dei'W Beach- Public Employees Reblions Commissim
City of Delr~ !~ ~ of Comme'oe
Museum of ~ end F~shion Hi~tory - ~ of Direetor~, $eemt;~
Owights computers for kic~ program
United Cerebral Palsy
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
~ 1. L~ N~me:
STRAGHN
26 SW 5TH AVEN~J~ , ,.
SAME AS ABOVE
4. I)mdpaI ~ine. ^ckh-c~: - ' ---
[ ~,61-272-8396 { 561-272-8396
IFL - 13~444
,F,L ]33444
561~272-07_7.{
RECEIVED
APR 2 3 2001
CITY CLERK
./
FRO.I : I F~ Pf4:II E I10. :
u3/'ut~'uu ~l,D I.~'.,l~ I..At Mil ~43 3774 Cl'J'~t
11"
BOARD MEMBER APPLICATION
1993
3-o" 0;2-
Pl~.~ t~pe or ~ the followj~
].
2. Home Address: _
[ 3. Leg~ ~6dcnce
city
City
i e
Zip C6dc
zip Coae
?. L/s~ a~l CiD' Boards on which ~u are currently serving or have previously served: (Please include dates)
$. Edu~ationai ClUalifica.~tio~; ~ -
9. List ~ny tel&led profe, ssional certifications end licenses which you hold:
10. Give your present, or most recent cmp)oyer, and portion:-/- ~)
)crlences tO tel'ye on
.r hereby certify that all the above statemengs ere true, and ! agree and understand that any
misstatement of rn~t~rie/ facts contained In ~1s appli~on may ~u~ fo~u~ upon my
[ofp/y ,~o~e~t z~ar ~/ve. RECEIVED [ [
CITY CLERK
Hole: ~is ~]icafion ~I1 re~ ou ~ ~ ~e Ci~ Clerk s O~ce roi a ~fi~ of ~ ye~s ~om ~e ~tc il w~
KEVIN P. WARNER
245 Venetian Drive
Delray Beach, FL 33483
ABTECH INDUSTRIES (~ottsdale, Arizona)
Vice-Pte.~dent
* Help mn small, start-up environmental products e~mpmy
New York, NY &
Delray Beadt, FL
1995-pr~ea!
LEHMAN BROTHERS, Imtimtionnl Fixed tneome
Vice Presidem, GENERAL1ST SALES & RESEARC~ DEPARTMEI~
* Analy~d commercial and resideutial real estate Ixansacrions, new issae
und~'vn-i~ngs, and corpor~e bond credit~ for client ralagoaships.
. Developed investmen! slra~egies for firm's money manager clieats.
New York, NY
1985-95
CITIBANIL N.A., Institutional Fixed Income
As-~ Vice President, GENERALIST SALES
· Mauaged depository ami mortgage banking cliem relat~ons~s.
New York, NY
1980-85
WASHINGTON, D.C. COUNCIL OF GOVERNMENTS Washington,
WA~ RESO~CES PLA~R 1977-79
· P~o~ finm~dal ~mlysis f~ ~sion ofre~onal w~am' ~m~nt ~s~m.
· Wmt~ re~on~ N~ for lm~d ~ ~lic~on of~e~.
U.S. EN¥1RONMENTAL PROTECTION AGENCY WATER R.ESOL~CES
* Identified regional needs for natiomd wastewater lxoatmcnt grants proglam.
* Helpe~ streamline E~rvitomnontal hnpac~ Statement review process.
1973-76
CONNECTIC~tT DEPARTMENT OF ENVIRONMENTAL PROTECTION
AJ.R POLLUI1ON ENGINEER
· Increased industry compliance with state air pollution regul~ons.
1972-73
DISTRICT 7 SANITATION COIYNCIL - dtizen advocacy group.
COMMUNITY BOARD 7 - New York CiW governmental adviscny body.
WEST 77th STREET BLOCK ASSOCIATION - local street aasociat/oa.
Ne~ York City
1985-98
DELRAY BEACH AFFILIATIONS
VIA MARINA HOMEOWNER5 AS$OCIATION. Pre, dam
PROGRESSIVE RESIDENTS OF DELRAY, Maml~r
BEACH PROPERTY OWNERS ASSOCIATION, Me~ber
EDUCATION
PRINCETON UNIVERSITY, Bachel~' of Scimce in F..agiaeeriag, 1971
Prtnetton, NJ
BOARD MEMBER APPLICATION.
1993
2001
..Please type ot print the fotlowinR information:
L~t ~ame:
elss
Home Address:
2070 Homewood Blvd, ~416
5. Legal Res:dence:
2070 Homewood Blvd, 8416
"4. P,~ncipal Bu~'~ess A. ddressa
tqneapp~e orove Ma~n ~treet
298 Pineapple Grove Way
5. Home Phone: [ Business Phone:
561-279-8865[ 561-279-9952
6. Are you a registered voter?
Ci~)elray Beach
Cxt3'
Delray Beach
Cia.,
Delray Beach
E-Mad Address: Cell Phone:
, gw~glennweiss.com 954-257-9560
Yes If so, ~'here nrc you registered?
State
State
FL
M. I.
Zip Code
33445
Zip Code
33445
Ztp Code
33444
FAX.
561-279-0108
Delray Beach
7. gX_'hat Boardss) ate ypu interested m ~en-mg? Please hst ~n order of prcfi'rence:
_ Commumty K6clevelopment Agency
Affordable Housing Advisory Committee
8. Li.q all CJi' Bo~rd~ on which you are currently sen-i~g or have prev:ous].~ sen'ed' ~lease include dates)
None
9. F~p ca .tior~l,.q~b 6 ca tum¢'
an. aster 0t-Rrctutecture from Columbia University, BA from Bucknell University
I0. List any related professional cerafic~uons and licenses which you hold:
None
Gzve x/out pre,ertL ot most recent employe~, and posmon:
Pro, ram Manager (by contract) to-Pineapple Grove Main Street
12. De~cnbt experiences, dulls ot knowledge wluch qualify you ~o serve on thi~ board: (Please attach a btieftesume~
income residents to Count~ Government.(1994-98), Mananed four Non-Profits, 6 Years Government
Employment, Four Years Employment as Architect,
I heteb9' cern- that dl the above statements ate true, and I agree and understand that any misstatement ofmatenaJ facts
cemmnM~gis application ~ay e~use forfeiture upo~ my pm-'t or.ny appointment I tray recc~-c.
$IC;NAT~ ' DATE
Note: ~afus apphcanon will rernam on file in the C~tw' Clerk's Office for · lx-ziod of 2 year; from the date ~t wa:
submitted. It will be the applicant's tesponsibdiw to ensure th~!
APR 1 7 2002
~e~m 4~"~l 1""'1"%1/
Glenn Weiss
2070 Homewood Btvd, #416, Delray Beach, Florida 3.344S (S61) 276-886S ~r~glennwelss. com
~ of Arc~
Bachelor of Arts
Education
Columbia University, N~v York, NY
Bucknell University, Lewisburg, PA
1986
1979
Employment
Program Mannger and Independent Consultant, D~lray Beach, Florida 2001-02
Managed Pineapple Grove Main Street, a non-profit organization dedicated to civic improvenm~ and economic
revival of 16 blocks of downtown Delray Beach. As a consultant prepared public art master plan for thc City of
Miami Beach and wrote the $5.0 million winning gram application for the yo, m,~o Circle ArtsPark in the City of
Program Malaager, Public Art and Design, Broward Coumy Cultural Affairs, Ft. Lauderdale 2000-01
Directed the Broward County govenmaent program with an annual budget of $2 million and a staff of eight persms.
Primary reslxmsibilities included program planninE and budgeting, preparation of Five Year Plan, raanagement of
the citizen commiaee, staff supervision, agency relations and coordination ofup to 45 artists to integrate major
artwork~ into the construction of libraries, airports, cruis~ terminals, ~ and park~.
Community Liaison/Public Relations, Washinston State Convention Center, Seatae 1998.2000
Managed the community relations and public information regarding the expansion of the state's primary convention
center. Responsibilities included coordlnntlon with five neighborhood councils, manageme/xt of cit~ watchdog
conmfittee, media relations, website and newsletter management and public presentations for thia $350 million
construction project with three private developers constructing a hotel, office tower and museum.
Marketing Director/Workshop Facilitator, ARC Architects, Seattle 1996-98
special needs housing, urban condomini~, health clinics and biotech facilities. Annual billings: $900,000.
Facilitated multipl~ community design workshops.
Marketing Writer, Heery lntemati~ Inc., Seattle 1994-96
Wrote and produced all the project specific marketing materials for this 55-person regional office serving an eleven
state area from Alaska to New Mexico with architectural and construction project management services. Prepared
brochures and materials for federal, state and local agencies and corporations such as Nike, Microsoft, Key Bank
and Starbucks. A~nual billings: S4 million.
Executive Director, Maine Coast Artists, Rock~ Main~ 1993-94
Co-directed thi.~ regional non-pwfit visual arts exhibition space founded in 1952 with a mission to present and
advance the work of comemporary Maine artists. Prepared and supervised a $230,000 budget, managed four
employees, led all development activ/ti~ coo~i~,~,,rl public relations, prepared numerous foundations &
Program lVIanager, Public Art, IC~ County Arts Commission, Seattle 1990-93
Managed this public an program with an ammal budget of $400,000 as an mployee ofthe Cultural Resources
Division of King County govcnment serving 1.5 million citiz~s. Ptinm~7 responsibilities included program
planning and budgcti~, staffang the appointed commission, supervision of five project managers and coordination
of 33 artists to integrate major artworks into thc construction of buildings and parks. Organized and facilitated
Glenn Weiss.
20'70 Homewood Bird, ~416, Delmy B~ch, Florld~ 33448 (861) 276-8868 gw~glennweiss, com
Independent Curator and Contractor, N~w York City and Seattle 198849
Curated architectmal exhibitions for PS I in NYC, Seattle Art Museum and University of Washington.
Prepared working drawings for an aparunent building for Edward Burke Associates. Taught architectural
design a~ the University of Washington. Freelance architectural wrifin,~o for Progressive Architecture and REFLEX
Executive Director, 911 C~rary Arts Center, Seattle 1986-88
Directed this non-profit artist space for media and visual arts. Duties included artistic direction, fund raising, board
management, supervision of staff and volunteers, exhibition curation and financial management. Secured grants
fi'om thc NEA, local govcrmnent and private foundations. Several an: programs wcrc CXX)~in-t_~d ~ ~
~cr~ic¢ providcm an~ environmental ~ivists.
Executive Director, STOREFRONT for Art and Arc~, New York City 19 8446
Co-direc~ this non-profit artist space with Kyong Park during its initial years organizing 15 exhibitions and major
events rehting to art, architecture and urbanism. ~the founding board of directors and secured fir~ time
grants from thc NEA, NY State and private foundations. Worked w/th Coalition for the Homeless and housin~
activist groups on several projects.
Project Architect, Atfred Wen / Klm Wans Associates, NYC 198344
In this 4-person firm, prepared wo~ing drawings for vacation homes, apartments and offices; developed designs for
~eulative resi&mial towem; and coordinated pennilling.
Architectural Intern, Haines Lundberg Waehlcr (HLW), NYC 1980-81
In this 400-person firm, prepared working drawings for major commemal and institutional projects.
1st Prize, M-~-~ne Editorials
Young Architects Issue
Young Architects Winner
Mortar Board and ODK
Honors and Awards
Progres~ sive Architecture
New York Architectural League
Bucknell University
2000
1998
1990
1989
1979
Five Year Plan
Many Community Design Charettes
Hi~oric Properties Study
Bellevue Public Art Plan
Many Community Art Plans
Planning Experience
Broward County Public Art Program
ARC Architects, Seattle
City of Des Moines Planning Dept.
King County Public Art Program, Seattle
2000-01
1996-98
1994
1993
1990-93
Young Circle ArtsPark Orant
Architecture Critic
Architecture Writer
Needs Study for Disabl~ Children
CDBG Application
Multiple Grant Applicatims
Writing Experience
City of Hollywood (Won)
Seattle Ya/~mne & Seattle Post-Imdli~encer
Kinderin~ Center, Bellevue, WA
White Center Chamber of ~ (Won)
Maine Coast Artist, 911, Storefront
2001-02
1996-2001
1999-2000
1999
1994-98
1994
1984-93
Comm,mity Service
Co-Director, White Center Home C-arden Tour, 600 visitors mm. ally, Seattle
President, North Highlme Unincorporated Area Council, Population of 29,000, Seattle
King County Emergency Medical Service Task Force, Population of 1.5 million, Seattle
KC Metro Bus Service, Six Year Transit Plan Ci=~-~ Population of 1.5 million, Seattle
1994-99
1996-98
1998
1995
pEI. RAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Plcue tTpc oz p~ thc £ollow~ ~ffom'~fion:
WHEAT D
2. Home Address: City State Zip Code
12195 South Dunes Road Boynton Beach FL 33436
3. Legal Residence: City State Zip Code
12195 South Dunes Road Bo~nton Beach FL 33436
4. Principal Business Address: City State Zip Code
700 East Atlantic Avenue Delray Beach FL 33483
Fax:
561-737-3600 561-278-2628 Fwheat01 @bellso~ th.net
561-735-3553
6. Are you a registered voter? If so, where arc you registered?
7. What Board(s) are you interested in serving? Pie,sc list in order of preference: - ~
Communitv Redevelopment Board
8. List all City Boards on which you are currendy serving or have previously served: ('Please include dates)
See Attached List
9. Educational qualifications:
BS Business Administrationr Florida. Southern Colleqe
10. List an}' related professional certifications and licenses which you hold:
Real Estate Broker, Certified Residential Specialist, Graduate Real
Estate Institute.
11. Give your present, or most recent employer, and position:
GRINGLEr DOHERTY & WHEAT~ INC. r REALTORSr Broker/Owner
12. Describe experiences, skills or knowledge which Cltmli~ you to serve on this board: (Please sx~ach a brief resUme)
Business Person in Delra~ Beach since 1974r active in community
activities as well as city plannin~ since Visions 2000.
I hereby ceni~' rl~t sll the ~bove ststcmcnts ,re ~me, .nd I sCre¢ .nd und~Imnd that .ny misstatement of n~tcgal fzcts
on my p~n of.ny sppoinnncnt I may receive.
March 17, 2003
DATE
~,l II'~'' ~'''~
submitted, h will be thc zpplicant's responsibility to ensure thit I current l~l~lic, al~n is on file.
CITY CLERK
I was a resident of Severn, Maryland, for the first twenty years of my life. Attended
University of Maryland 1955-1956, Florida Southern College 1958-1961, graduated in
1961 with a BS degree in accounting, commissioned in United States Marine Corps,
1961-1965, infantry officer, obtained rank of Captain prior to leaving active service.
Resided in Kansas City, MO 1965-1972, Comptroller of Concrete Company, Office
Products Division, IBM, Partner/Owner Cocktail Lounge & Restaurant, "The End Zone".
I moved to Delray Dunes Golf& Country Club, Palm Beach County, in September 1972,
from Kansas City, MO.
I was married in 1969, wife Arlene, two children, Troy- 1970, Taryn 1972.
Realtor in Delray Beach since 1974, licensed with Gringle & Doherty, Inc., 1974-1983,
started Franklin D. Wheat, Inc., Realtors, in 1983 - 1988, returned to Gringle & Doherty,
Inc, Realtors, as partner in 1988. November 1993 became Broker/Owner of Gringle,
Doherty & Wheat, Inc. located at 100/8 East Atlantic Avenue, Dekay Beach. On August
1, 2002 moved the office to the original location that company was started, 700 East
Atlantic Avenue.
My activities in the area has included being the president of the Delray Beach Kiwanis
Club, (1980), Lt. Governor Kiwanis District 14, (1981), President of Delray Beach
Chamber of Commerce, (1986), President United Way of South Palm Beach County,
(1990), Board of Directors Old School Square, (1990), Delray Dunes Pro-Am Golf
Tournament since 1974, President De[ray Dunes Golf & Country Club, (1999-2001),
Delray Beach Planning & Zoning Board, Delray Beach Downtown Development
Association, (Served as Chairman), Dekay Beach Parking Management Advisory Board,
(Served as Chairman)
Memo
To: David Harden - City Manager
From: Lula Butler - Director of Community Improvement ~
Re: Request for a Waiver to Section 4.6.7(G)(7) of the Land Development
Regulations Governing Sign in the Historic District
Date: March 27, 2003
Item Before the Commision:
City Commission consideration of a request to waive Section 4.6.7(G)(7) of the LDR's regulating the number of
freestanding signs per lot located in the Historic Districts. The request is from Dharma Holdings Limited, for a
business called "The Rectory", located at 14 S. Swmton Avenue.
Backllround:
On February 19, 2003, the Hlstorm Preservation Board considered a request from "The Rectory", located at 14 S.
Swmton Avenue, to approve a second freestanding sign to be located away from the street frontage on the west side
of the parking lot. This s~gn would be an addition to the freestanding sign for "Sweet Art by Lucia", a business
located in a separate bmldlng at the south end of the parking lot on S. Swmton Avenue.
Section 4.6.7(G)(7) stipulates that signs for businesses located m the historic district are hmited to not more than
one of any type nor more than two per lot. The Board determined this parcel has buildings w~th unique
architectural style, and that a second freestanding sign would assist customers to locate th~s business while traveling
north and south on Swinton Avenue. The staff report as reviewed and approved by the Board is attached.
Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to this Section
of the code governing signs after making a finding of fact based on one of the following: · Shall not adversely affect the neighbonng area
· Shall not s~gnlficantly d~minish the prowsion ofpubhc facilities
· Shall not create an unsafe situation; and
· Does not result in the granting of a special pnwlege in that the same waiver would not be granted
under similar circumstances on other property for another applicant or owner.
Recommendation:
Staff is recommending approval of the waiver request to Section 4.6.7(G)(7) based on the finding and
recommendation of the H~stonc Preservation Board.
Agent:
Project Name:
Project Location:
HISTORIC PRESERVATION BOARD
MEMORADUM STAFF REPORT
Dharma Holdings Limited
The Rectory
14 South Swinton Avenue
The action before the Board is a Certificate of Appropriateness and associated waiver
for the installation of a free-standing sign for The Rectory, pursuant to LDR Section
2.4.6(J) and 2.4.7(B).
The subject property consists of Lot 11, Block 61, Town of Delray and is located on the
west side of South Swinton Avenue approximately 80' south of Atlantic Avenue. The
property is zoned Old School Square Historic Arts District (OSSHAD). Constructed in
1912 as the Rectory for the City's first Methodist Church, the two-story frame vernacular
building is considered a contributing property as a part of the Old School Square
Historic District.
During its meeting of October 15, 1997, the Historic Preservation Board reviewed and
approved the site plan and design elements (including the installation of a handicapped
accessible parking space) for the rehabilitation of the Rectory Building. This proposal
included the construction of an ADA accessible ramp at the rear of the property.
Relocation of the ramp to the front of the building was reviewed and approved by the
Board on February 18, 1998.
On July 1, 1998, the Historic Preservation Board reviewed and approved the Certificate
of Appropriateness (COA 327) for an exterior paint change, change of roof material, and
installation of shutters. The proposed improvements were undertaken.
During its meeting of February 5, 2003, the Historic Preservation Board reviewed a
proposal to install a free-standing sign associated with the Rectory building. The sign's
dimensions were 68" (5'8") in width with a 36" (3') high sign body and 72" (8') height
including the decorative support posts. Due to a lack of information regarding the sign's
copy, font size, and proposed color scheme and based on direction by the Board
regarding the addition of design elements, the Board tabled the item and requested that
the s~gn be considered by the Board when the applicant could provide an accurate
Meeting Date: February 19, 2003
Agenda Item: IIl.C.
The Rectory 2003-080-COA
14 South Swinton Avenue
rendering of the sign. The applicant is now before the Board for re-consideration of the
sign.
The proposal is to install a free standing sign for a retail establishment. The proposed
sign will be constructed of urethane intended to mimic the look of carved wood to
compliment the frame building. The sign will be painted/stained dark brown with white
text and the establishment's pink starburst logo. The text includes the name of the
establishment, "The Rectory" in white copy (all caps) integrated into the logo with
"jewelry, gifts, and clothing" in white copy (lower case) to the left of the logo. The sign
will be framed and painted/stained to match the sign color pursuant to the Board's
direction.
Located at the southeast comer along the front fa(;ade of the building, the sign will be
oriented to face South Swinton Avenue with text on one side only. The free standing
sign measures 72" (6'0") in width (including the 6" square support posts) with a 34"
(2'10') high sign body, and an overall height of 48" (4'0") including the decorative
support posts. Ground level uplighting will be provided to illuminate the sign.
A waiver is requested in association with this project in order to permit the installation of
more than one of any type of sign or more than two signs within one lot, parcel, or
development pursuant to LDR Section 4.6.7(G)(7).
SIGN ANALYSIS:
The Board shall consider:
SIGN REGULATIONS AND DESIGN GUIDELINES
LDR Section 4.6.7 (G)(1)(b) addresses Sign Design Standards for "Free-standing
signs"
A free-standing sign is not affixed to any other structure. It may be either a pole sign or
a monument sign. Neither the pole nor the base of the monument shall be considered in
calculation of the area of the sign face. A free-standing sign may not have more than
two faces.
LDR Section 4.6.7 (G)(2)(b) addresses "Conformity with Surroundings" and
states:
Meeting Date: February 19, 2003
Agenda Item: IIl.C.
The Rectory 2003-080-COA
14 South Swinton Avenue
The scale of the sign, in terms of area, shall be consistent with the scale of the building
on which it is to be painted and the neighborhood and streetscape where it is to be
located; but in no case shall it exceed the height limitations set forth in Subsection (7).
LDR Section 4.6.7 (H)(2)(a)-(c) addresses "Aesthetic Qualifications and
Standards"
The aesthetic quality of a building, or indeed of an entire neighborhood, is materially
affected by achieving visual harmony of the sign on or about a structure as it relates to
the architecture or the building or the adjacent surroundings. In addition to the
mechanical limitations on signs imposed in Subsections (G) and (I), the following
aesthetic conditions must be met.
Scale: The scale of the sign must be consistent with the scale of the building on
which it is located or painted and the neighborhood in which it is located. Scale
shall also be considered in terms of Subsection (G) with respect to height and
area.
Garishness: The overall effect of the configuration of color of a sign shall not be
garish. "Garish" signs are those that are too bright or gaudy, showy, glaring,
and/or cheaply brilliant or involving excessive ornamentation.
Conflict: The colors of a sign shall not conflict with other signs already on the
building or in the immediate vicinity.
Design Guidelines
The Delray Beach Design Guidelines state the following pertaining to signage:
Sign design and placement in an historic district or a historic site is an important
element. While preservationists believe the building fa(;:ade is the best sign an owner
may have, the need for design guidelines refines the existing regulations adapting them
to the particular character of the specific location and site.
The district's character is maintained when signage does not cause visual disruption.
The sign should not obscure any architectural feature or detail, or interface with the
views and appreciation of the building. Signage should compliment and not overwhelm
or compete with the architecture.
The Secretary of the Interior's Standards for Rehabilitation
No direct reference is made to signage affecting historic structures, sites, or districts;
however, there is specific intent to project the importance of preserving "character-
defining" and distinctive features, and discussing scale and compatibility with respect to
new construction for historic structures and districts. However, one standard states the
following:
Meeting Date: February 19, 2003
Agenda Item: III.C.
The Rectory 2003-080-COA
~14 South Swinton Avenue
"New additions, exterior alterations, or related new construction shall not destroy
historic materials that characterize the property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale,
and architectural features to protect the historic integrity of the property and its
environment."
WAIVER ANALYSIS:
Pursuant to LDR Section 4.6.7(G)(7), not more than one of any type of sign nor more
than two signs are permitted per lot, parcel, or development. The applicant has
requested a waiver to this requirement.
Required Findings:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall
make findings 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.
Each building and sign on the parcel has a unique architectural style and the each sign
reflects the historic nature of the property as well as the architecture of the individual
contributing buildings, which are utilized for separate business establishments. Given
the above, the waiver request will not adversely affect the neighboring area or grant a
special privilege as the request is unique to the property and is necessary in order to
convey the establishment's identity from South Swinton Avenue. No public facilities will
be diminished and no unsafe situations will be formed by the granting of this waiver.
Thus, positive findings can be made to recommend to the City Commission approval of
the waiver request for the installation of an additional sign on this parcel.
Conclusion
The Delray Beach Sign Review Committee reviewed and recommended approval of the
location, sign design and dimensions during its meeting of January 31,2003.
A. Continue with direction.
Meeting Date: February 19, 2003
Agenda Item: III.C.
The Rectory 2003-080-COA
14 South Swinton Avenue
Approve the COA and the associated waiver and Class I site plan modification
for the installation of a sign at 14 South Swinton Avenue, The Rectory.
Co
Deny the COA and associated waiver and Class I site plan modification for the
installation of a sign at 14 South Swinton Avenue, The Rectory.
I
Waiver
Recommend to the City Commission approval of the waiver to LDR Section 4.6.7(G)(7)
to permit more than one of any type of sign or more than two signs on one parcel for 14
South Swinton Avenue, The Rectory, based upon positive findings with respect to
LDR Section 2.4.7(B)(5).
Certificate of Appropriateness
Approve the Certificate of Appropriateness for the installation of a sign for 14 South
Swinton Avenue, The Rectory, based upon positive findings with respect to LDR
Section 4.6.7.(G)(1)(b), (G)(2)(b) and (H)(2)(a-c), the City's Design Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation.
Attachments: Survey, Sign Details, Photos
Report prepared by: Wendy Shay, Historic Preservation Planner
Meeting Date: February 19, 2003
Agenda Item: IIl.C.
1/2' routed band
painted white
6"x6" wood post
stained brown
'~q~'~ body
~,ta~,*,.~d brown to
po,;t.% ~lf]d frame
PANTONE 476U
2" frame
slamed
PANTONE 476U
Lettering
carved and
painted white
Logo
carved and
painted pink
PANTONE 204U
I
!
$.W. IST
151.60'
16'ALLEY
Date: March 27, 2003
Agenda Item No. ~ ~) ~
AGENDA REQUEST
Agenda request to be placed on:
X Regular
When: April 1, 2003
Description of Agenda Item:
__ Special __ Workshop __ Consent
Request for a Waiver to Section 4.6.7 (G)(7) Governing Sign in the Historic District
14 S. Swinton Avenue
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda: ~)/No ~
Hold Until:
Agenda Coordinator Review: ~
Received:
Action: Approved / Disapproved
Memo
To:
From:
Re:
Date:
David Harden - City Manager
Lula Butler - Director of Community Improvement ~/~
Request for a Waiver to Section 4.6.7(G)(7) of the Land Development
Regulations Governing Sign in the Historic District
March 27, 2003
Item Before the Commision:
City Commission consideration of a request to waive Section 4.6.7(G)(7) of the LDR's regulating the number of
freestanding signs per lot located m the Historic Districts. The request is from Saraga & Lipshy, P.A., 201 NE 1 st
Avenue.
Background:
The Historic Preservation Board on March 12, 2003, considered a request from Saraga & Lipshy, P.A., to approve a
second freestanding sign for their business located on the northeast comer of NE 1st Avenue and NE 2nd Street.
This sign would be an addition to the freestanding sign located on the southwest comer of the property.
Section 4.6.7(G)(7) stipulates that signs for businesses located in the historic district are limited to not more than
one of any type nor more than two per lot. The business presently has a freestanding sign at the comer on NE 1 st
Avenue. The Board determined that a second freestanding sign to be located on NE 2nd Street will assist traffic
travehng east and west on NE 2nd Street to identify the location of the business, and approved the Certfficate of
Appropriateness for installation of the sign. The staff report as reviewed and approved by the Board is attached.
Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to this Section
of the code governing s~gns after making a finding of fact based on one of the following: · Shall not adversely affect the neighboring area
· Shall not slgmficantly diminish the provision ofpubhc fac~ht~es
· Shall not create an unsafe situation; and
· Does not result in the granting of a special privilege in that the same waiver would not be granted
under similar circumstances on other property for another applicant or owner.
Recommendation:
Staff is recommending approval of the waiver request to Section 4.6.7(G)(7) based on the finding and
recommendation of the Historic Preservation Board.
HISTORIC PRESERVATION BOARD
MEMORADUM STAFF REPORT
Agent:
Project Name:
Project Location:
Michael Sneiderman
Saraga & Lipshy, P.A.
201 NE 1st Avenue
The action before the Board is a Certificate of Appropriateness and associated waiver
for a Class I site plan modification for the installation of a free-standing sign for Saraga
& Lipshy, P.A., pursuant to LDR Sections 2.4.6(J) and 2.4.7(B).
The subject property consists of Lot 12, Block 74 of the Town of Delray and is located at
the northeast corner of NE 1St Avenue and NE 2nd Street in the Old School Square
Historic District. Constructed in 1936, the contributing property is considered historic as
part of the Old School Square Historic District.
In April 1999, the Historic Preservation Board reviewed a Class II Site Plan Modification
and a Certificate of Appropriateness application for the establishment of law offices in
both the principal residence and accessory structure that had previously been used as a
beauty salon and residence. In connection with that application, the Board approved the
style, size and location of the freestanding sign that is located at the southwest corner of
the lot.
During its meeting of August 15, 2001, the applicant requested the installation of two
signs; one free standing, the other a wall sign, to better advertise the location. The
Board approved the free-standing sign as proposed but tabled action on the wall sign in
favor of the installation of a second free-standing sign. Based on this recommendation,
the applicant is now before the Board for the installation of an additional free-standing
sign and an associated waiver.
Presently, the property contains one free-standing sign located diagonally (facing
southwest) at the southwest corner of the property The applicant proposes the
installation of a second free- standing sign to highlight the location of the office for east
and west bound traffic on NE 2nd Street. As the building sits on a corner lot (NE 1st
Saraga & .Lipshy, P.A. 2003-122-COA
201 NE Is~ Avenue
Avenue and NE 2nd Street), it is imperative that the building's identity be displayed from
all elevations. The proposed sign will be constructed of urethane, intended to mimic the
look of carved wood to compliment the frame style of the building. The curvilinear sign
will be painted a pale yellow background and green text (all caps) and border with gold
outlines. The colors are intended to match those found on the building. The location's
street address will appear at the top with the "Saraga & Lipshy, P.A." title centered on
the sign body. Suspended with chain link, the sign will extend from a single arm and
post with knee bracket and finial (painted white). The double-sided sign will be located
adjacent to the accessory structure and oriented for viewing from east and west bound
traffic on NE 2nd Street and is centrally located along the south elevation behind the
existing picket fencing.
The free standing sign measures 72" (6'0") in height (to the top of the finial) with the
sign body measuring 18" (1'6") x 24" (2'0") and totaling 3 sq. ft. in order to be readily
viewed from behind the 3' picket fence. The sign has no proposed exterior lighting.
A waiver is required in association with this project in order to permit the installation of
more than one of any type of sign or more than two signs within one lot, parcel, or
development, pursuant to LDR Section 4.6.7(G)(7).
The Board shall consider:
SIGN REGULATIONS AND DESIGN GUIDELINES
LDR Section 4.6.7 (G)(l)(b) addresses Sign Design Standards for "Free-standing
signs"
A free-standing sign is not affixed to any other structure. It may be either a pole sign or
a monument sign. Neither the pole nor the base of the monument shall be considered in
calculation of the area of the sign face. A free-standing sign may not have more than
two faces.
LDR Section 4.6.7 (G)(2)(b) addresses "Conformity with Surroundings" and
states:
The scale of the sign, in terms of area, shall be consistent with the scale of the building
on which it is to be painted and the neighborhood and streetscape where it is to be
located; but in no case shall it exceed the height limitations set forth in Subsection (7).
LDR Section 4.6.7 (H)(2)(a)-(c) addresses "Aesthetic Qualifications and
Standards"
The aesthetic quality of a building, or indeed of an entire neighborhood, is materially
affected by achieving visual harmony of the sign on or about a structure as it relates to
Meeting Date: March 12, 2003
Agenda Item: II.A.
Saraga & .Lipshy, P.A. 2003-122-COA
201 NE Is~ Avenue
the architecture or the building
mechanical limitations on signs
aesthetic conditions must be met.
or the adjacent surroundings. In
imposed in Subsections (G) and
addition to the
(I), the following
Scale: The scale of the sign must be consistent with the scale of the building on
which it is located or painted and the neighborhood in which it is located. Scale
shall also be considered in terms of Subsection (G) with respect to height and
area.
Garishness: The overall effect of the configuration of color of a sign shall not be
garish. "Garish" signs are those that are too bright or gaudy, showy, glaring,
and/or cheaply brilliant or involving excessive ornamentation.
Conflict: The colors of a sign shall not conflict with other signs already on the
building or in the immediate vicinity.
Design Guidelines
The Delray Beach Design Guidelines state the following pertaining to signage:
Sign design and placement in an historic district or a historic site is an important
element. While preservationists believe the building fa(;;ade is the best sign an owner
may have, the need for design guidelines refines the existing regulations adapting them
to the particular character of the specific location and site.
The district's character is maintained when signage does not cause visual disruption.
The sign should not obscure any architectural feature or detail, or interrupt the views
and appreciation of the building. Signage should compliment and not overwhelm or
compete with the established architecture.
The Secretary of the Interior's Standards for Rehabilitation
No direct reference is made to signage affecting historic structures, sites, or districts,
however, there is specific intent to project the importance of preserving "character-
defining" and distinctive features, and discussing scale and compatibility with respect to
new construction for historic structures and districts.
One such standard states:
New additions, exterior alterations, or related new construction shall not destroy
historic materials that characterize the property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale,
and architectural features to protect the historic integrity of the property and its
environment.
Meeting Date: March 12, 2003
Agenda Item: II.A.
Saraga & .Lipshy, P.A. 2003-122-COA
201 NE 1s~ Avenue
Waiver Analysis
Pursuant to LDR Section 4.6.7(G)(7), not more than one of any type of sign nor more
than two signs are permitted per lot, parcel, or development. The applicant has
requested a waiver to this requirement.
Required Findings:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall
make findings 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.
Given the above, the waiver request will not adversely affect the neighboring area or
grant a special privilege as the request is unique to the property as a corner lot and is
necessary in order to convey the establishment's identity from NE 1st Avenue and NE
2nd Street. No public facilities will be diminished and no unsafe situations will be formed
by the granting of this waiver. While the applicant is proposing to install more than one
sign on this parcel, given the historic nature of the property, the unique architectural
style of the building on the parcel, and the design of the signs, positive findings can be
made to support the recommendation to City Commission for the waiver request for the
installation of an additional sign on this parcel.
Conclusion
The proposed signage conveys the identity and location of the establishment. The
design and color palette are appropriate in relation to the style, scale, massing, and
design in the area as well as its relation to the surrounding commercial signage. The
proposed overall sign height will be 72" (6'0) with an area of approximately 3 sq. ft for
the sign body which will not interfere with the line of sight of the building's facade. Per
LDR Section 4.6.7(G)(3)(d), the sign may be placed within the front yard setback (1'
setback) as it is not greater than 7' in height and is not less than 20 sq. ft. in size. The
sign meets the standards per LDR Section 4.6.7(G)(7). Based on the above, positive
findings with respect to LDR Section 4.6.7, the City's Design Guidelines, and the
Secretary of the Interior's Standards can be made.
A. Continue with direction.
Meeting Date: Mamh 12, 2003
Agenda Item: II.A.
Saraga & Lipshy, P.A. 2003-122-COA
201 NE Ist Avenue
Approve the COA and the associated waiver for the installation of a sign for
Saraga 8, Lipshy, P.A..
Co
Deny the COA and associated waiver for the installation of a sign for Saraga &
Lipshy, P.A., with the basis stated.
Waiver Request
Recommend to the City Commission approval of the waiver to LDR Section 4.6.7(G)(7)
to permit more than one of any type of sign or more than two signs on one parcel
pursuant to LDR Section 2.4.7(B)(5) for the property at 201 NE 1st Avenue, Saraga 8,
Lipshy, P.A..
Certificate of Appropriateness
Approve the Certificate of Appropriateness for the installation of a sign for 201 NE 1st
Avenue, Saraga & Lipshy, P.A., based upon positive findings with respect to LDR
Section 4.6.7.(G)(1)(b), (G)(2)(b) and (H)(2)(a-c), the City's Design Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation.
Attachments: Survey, Sign Detail
Report prepared by: Wendy Shay, Historic Preservation Planner
Meeting Date: March 12, 2003
Agenda Item: II.A.
LLi
W
I.i.I
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0
Date: March 27, 2003
Agenda Item No. t (~)g
AGENDA REQUEST
Agenda request to be placed on:
X Regular
When: April 1, 2003
Description of Agenda Item:
__ Special __ Workshop __ Consent
Request for a Waiver to Section 4.6.7 (G)(7) Governing Sign in the Historic District
201 NE 1st Avenue
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
Cit~ Manager Review:
Approved for agenda:(~/No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
TO:
THRU:
FROM:
SUBJECT:
SCOTT PAPE, SENIOR PLAN N ER ,/~c,,z¢" t-"--r,,~,~
MEETING OF APRIL 1, 2003
CONSIDERATION OF A PRIVATELY INITIATED LAND DEVELOPMENT
REGULATION AMENDMENT TO SECTION 4.4.9(G)(2) TO ALLOW SELF SERVICE
STORAGE FACILITIES AS A CONDITIONAL USE IN THE GC (GENERAL
COMMERCIAL) ZONING DISTRICT [NORTH FEDERAL HIGHWAY OVERLAY
DISTRICT] AND TO INCLUDE SPECIFIC REQUIREMENTS PER SECTION
4.4.9(G)(2)(c).
The City has received a privately initiated LDR text amendment from The Pugliese Company to allow self
service storage facilities (SSSF) in the North Federal Highway Overlay District as a conditional use. An
additional LDR text amendment is accompanying the request, which proposes specific regulations for
Self Service Storage Facilities for the GC (General Commercial - North Federal Highway Overlay)
district that will differ in several respects from the existing specific regulations that apply to Self Service
Storage Facilities in the MIC (Mixed Industrial and Commercial) and the LI (Light Industrial) zoning
districts. The applicant seeks to operate a SSSF and accessory retail or service uses at 2512 North
Federal Highway. This property contains two parcels, one vacant and the other contains a structure that
was built in 1948 as a hotel and is currently a retail landscape nursery.
Self Service Storage Facilities are currently allowed only in the MIC and the LI zoning districts. This
proposed amendment involves an area which is subject to the North Federal Highway Redevelopment
Plan, which specifically identified Self Service Storage Facilities as a use that was not allowed. Among
other issues, the focus of the North Federal Highway Redevelopment Plan was to promote economic
stimulation and investment in the area and to create jobs. Given these goals, the SSSF use was not
identified as a desirable use as they are not a catalyst for economic stimulation since they are destination
oriented businesses and they are Iow employment generators. Under the current redevelopment plan,
the North Federal Highway Redevelopment Area has experienced a steady influx of development activity
such as Borton Volkswagen, Old Palm Grove, The Estuary, The Estuary Il, Badcock Furniture, Delray
Cycle, Delray Lost Drive-in renovation, Antique Pine, Jennings industrial, Powersports, and Autobahn
Motors. Given this degree of investment it would appear the Redevelopment Plan is providing
appropriate development direction.
The accompanying amendment includes development regulations for Self Service Storage Facilities that
are specific to the North Federal Highway Overlay district. These proposed specific regulations differ
from the City's existing regulations for the MIC and LI districts in several significant ways. These
differences include raising the height limit from 15' to 48', modify the minimum/maximum lot area from a
minimum of 2 acres and maximum of 5 acres to a minimum of 1.5 acres and a maximum of 3 acres,
reducing the parking requirements from 1 space per 5,000 square feet to no parking required, and
eliminating the required 24ohour on-site manager. A full comparison is identified in the attached Planning
and Zoning Board Staff Memorandum.
Finally, there are currently six self service storage facilities within the City that contain a total of 371,886
square feet of gross floor area. The vacancy rates of these facilities are between 5% to 15%. The City's
most recent facility (Storage America) is approximately 50% vacant. In addition to these facilities, the
City Commission Documentation
Meeting of April 1,2003
LDR Text Amendment - Self Service Storage Facilities in the GC District (North Federal Highway Overlay District)
Page 2
City of Boynton Beach has an existing 75,000 square foot facility (Public Storage) located on the west
side of Federal Highway approximately ¼ mile north of Gulfstream Boulevard and an approved, yet
unbuilt, 103,392 square foot facility (Victoria's Closet) approximately ~ mile north of Gulfstream
Boulevard. These existing and approved facilities together with the development potential of vacant
property in the City's LI (Light Industrial) and MIC (Mixed Industrial and Commercial) zoning district
provide ample opportunities for self storage without opening redevelopment areas to this type of use.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that
the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive
Plan. As noted above and in the attached staff report, this proposed amendment is not consistent with,
nor furthers the Goals, Objective and Policies of the Comprehensive Plan.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 15,
2003. There were three people who spoke in opposition to the proposed amendment. After discussing
the text amendment, the Board unanimously voted 6-0 (Joseph Pike absent) to recommend to the City
Commission denial of the proposed text amendment based upon a failure to make positive findings with
respect to LDR Section 2.4.5(M) based on the request being inconsistent with the Comprehensive Plan
and the North Federal Highway Redevelopment Plan.
Community Redevelopment Agency:
At its meeting of February 13, 2003 the CRA (Community Redevelopment Agency) recommended
approval subject to conditions which included increasing the square footage and dimensions for the
service, office and retail uses and subject to modifications of the architectural details.
By motion, deny the request to amend LDR Section 4.4.9(G)(2) (Conditional Uses and Structures
Allowed) to allow "Self service storage facilities" as a conditional use and the proposed supplementary
regulations LDR Section 4.4.9(G)(2)(c), based upon a failure to make a positive finding with LDR Section
2.4.5(M)(5), and that the request is inconsistent with the Comprehensive Plan and the North Federal
Highway Redevelopment Plan.
Attachment: Ordinance No. 7-03
Planning and Zoning Board Memorandum Staff Report
ORDINANCE NO. 7-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING CHAPTER FOUR, "ZONING REGULATIONS",
ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G)(2),
"NORTH FEDERAL HIGHWAY OVERLAY DISTRICT", TO ADD
SELF SERVICE STORAGE FACILITIES AND ADDING
SUBSECTION (c) PROVIDING SUPPLEMENTAL REGULATIONS
FOR SELF SERVICE STORAGE FACILITIES; 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 March 17, 2003 and voted 6 to 0 to
recommend that the changes be denied; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District",
Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental District
Regulations", Paragraph (2), "North Federal Highway Overlay District", 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:
(2) North Federal Highway Overlay District: The following supplemental district
regulations apply to the North Federal Highway Overlay District, as defined in Section
4.5.7.
(a)
In addition to the uses listed in 4.4.9(D), the following light industrial uses
are allowed as conditional uses:
(1)
Fabrication and/or assembly of manufactured materials or parts for
distribution or sale, such as sheet metal, sign shops, glass shops,
electronics, cabinet and furniture making.
(2) The wholesaling, self-storage and distribution of products and
materials, c. ther than self storage facilities.
Self service storage facilities that comply with subsection (c) below.
(b) All uses listed under subsection (a) above must:
Operate in conjunction with a permitted service or retail use that is
located on the premises;
(2)
Maintain a commercial faq:ade along North Federal Highway, with
the light industrial aspect of the business oriented toward Dixie
Highway;
(3) Operate within an enclosed building, with no outside storage;
(4)
Orient overhead doors away from adjacent rights-of-way, except
where existing, or where the approving body determines that it is
not feasible to comply; and,
(5)
Along the property line adjacent to Dixie Highway, provide a
landscape buffer consisting of a 4' high hedge, and trees planted 25
feet on center to form a solid tree line.
In addition to subsection (b) above, any self service storage facility shall
comply with the following. The following regulations supersede Section
4.3.3(A):
Lot Area: The minimum lot area is 1.5 acres and the maximum lot
area is 3 acres.
Facilities and Requirements:
Outdoor bay type access to individual self-storage units that
face a street is prohibited. The exterior loading access
2 ORD. NO. 7-03
points shall be designed in such a way to minimize sight
lines from adjacent roads.
b_Cb_) No building shall exceed forty-eight feet (48') in height.
Parking shall be provided at the rates set forth in Section
4.6.9 for the permitted service and retail uses, plus a
minimum of two (2) loading spaces for the self service
storage facility that must be striped and signed to limit the
time for loading and unloading to one (1) hour.
At least 2,500 square feet of ground floor area shall be
devoted to at least one additional principal retail or service
use without limiting the foregoing. The additional principal
uses may be eating and drinking establishments, retail or
personal service.
Limitation of Uses:
Activities not related to the rental or lease of self-storage
units shall not be conducted within the self service storage
faciliW area, unless specifically permitted through the
conditional use process.
Except as otherwise provided in subsection (c), no business
or activity other than self storage shall be conducted from
any self-storage unit in the facility. Examples of prohibited
uses include, but are not limited to the following: the
servicing, repair and/or restoration of automobiles, boats,
recreational vehicles, lawnmowers and the like; moving and
self-storage companies; cabinet making and wood working
(whether personal or professional); personal hobbies and arts
and crafts; and any other activity unless specifically
permitted through the conditional use process.
Except as otherwise provided in this subsection (c), there
shall be no electrical power provided to, or accessible from,
any individual self-storage units. This includes the
provision of lighting fixtures to the interior of a self-storage
unit, unless specifically addressed in the conditional use
approval. The use of portable generators is also prohibited.
3 ORD. NO. 7-03
(d) The use or storage of any hazardous materials is prohibited.
(e) The terms and conditions of this section shall be clearly
expressed in all self-storage rental or leasing contracts, as
well as conspicuously displayed in plain view on a sign no
smaller than one foot (1') by two feet (2') in the leasing
office at the facility.
On-Site Manager: An on-site manager shall be employed at the
facility during all hours of operation.
Hours of Operation: Customers of the self service storage facility
may not access individual self-storage units before 5:00 a.m. or any
later than 9:00 p.m. Hours of operation may be further restricted
when it is deemed that morning and evening traffic into and out of
the facility may negatively impact the character of an adjacent
residential area. In no circumstance shall customers of any self
service storage facility have 24 hour access to their self-storage
unit(s).
Landscape Requirements: In addition to all applicable landscape
requirements and other special provisions pursuant to the individual
zone district, a minimum ten foot (10') landscape buffer shall be
required adjacent to Federal Highway and Dixie Highway and a
minimum five foot (5') landscape buffer shall be required along all
property lines that do not abut a roadway.
Outdoor Storage of Vehicles, Boats & Truck Rental: Outdoor
storage of boats and vehicles and truck rental is prohibited.
Architecture: All self service storage facility buildings must comply
with the following architectural standards.
Building facades visible from the public right-of-way shall
have the appearance of a service and/or retail building
through the use of doors, windows, awnings, and other
appropriate building elements.
Exterior building material shall be stucco or a similar material.
4 ORD. NO. 7-03
Buildings that can accommodate two or more stories shall be
designed where facing a street to have the appearance of a
multi-story building through the use of windows, doors,
awnings, canopies or other appropriate building elements.
Building facades facing a public right-of-way must have a
15% minimum transparency consisting of windows that
provide visibility from the public right-of-way from the
interior.
Detailed building elevations shall be submitted prior to the
Conditional Use public hearing.
Location: A self service storage facility shall not be located within
a radius of 1,000 feet of another existing self service storage facility.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2003.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
5 ORD. NO. 7-03
~: PLANNING AND ZONING BOARD MEMORANDUM sTAFF REPORT
MEETING DATE:
MARCH 17, 2003
AGENDA ITEM:
IV.B. - AMENDMENT TO LDR SECTION 4.4.9(G)(2) TO
ADD "SELF SERVICE STORAGE FACILITIES" AS A
CONDITIONAL USE IN THE NORTH FEDERAL HIGHWAY
OVERLAY DISTRICT OF THE GC (GENERAL
COMMERCIAL) ZONING DISTRICT AND PROVIDING
SPECIAL REQUIREMENTS.
FI'EM BEFORE, THE BOARD,,
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR amendment to Section 4.4.9(G)(2) General Commercial (GC) zoning
district, North Federal Highway Overlay District, to add "Self Service Storage Facilities"
as a conditional use, pursuant to LDR Section 2.4.5(M) and provide special regulations
in LDR Section 4.4.9(G)(2)(c).
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND
The City has received a privately initiated LDR text amendment from The Pugliese
Company to allow self service storage facilities (SSSF) in the North Federal Highway
Overlay District. The applicant seeks to operate a SSSF and accessory retail or service
uses at 2512 North Federal Highway. This property contains a vacant parcel and a
parcel containing a structure that was built in 1948 as a hotel and is currently operating
as a retail landscape nursery.
The proposed SSSF is not currently an allowed use in the GC (General Commercial)
zoning district. Since the use is not specifically listed, the applicant has requested a
LDR text amendment to add SSSF's to the Federal Highway Overlay District (GC
zoning district) as a conditional use. At its meeting of January 6, 1998, the City
Commission approved a Land Development Regulation (LDR) text amendment
concerning SSSF's. This amendment allowed SSSF's in the MIC (Mixed Industrial and
Commerce) and LI (Light Industrial) zoning districts as a conditional use. Prior to that
time, SSSF's were not specifically allowed within the City of Delray Beach. It is noted
that while not allowed by City code, the City contains several S$SF that were developed
in the County and subsequently annexed into the City.
As noted, the proposed text amendment affects the North Federal Highway Overlay
District, which is located in the North Federal Highway Redevelopment Plan area. The
North Federal Highway Redevelopment Plan was adopted by the City Commission on
March 16, 1999. The City and CRA entered into partnership with the Treasure Coast
Regional Planning Council (TCRPC) to prepare a new redevelopment plan. TCRPC in
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page 2
turn hired the private consulting firm of Dover, Kohl & Partners to conduct an intensive
planning workshop called a "charrette", and prepare final recommendations for the
redevelopment of the area. In November, 1997, a group of residents and property
owners gathered together with public officials, City staff, CRA staff, and professional
planners from Dover, Kohl and Partners and the Treasure Coast Planning Council to
voice their opinions and propose specific courses of action for the area's future growth
and development.
The purpose of the workshop was to gather citizen input and then meld all of the
proposed ideas into one development plan. This was accomplished in a two step
process. First, the participants were divided into five groups. Working with a
professional planner, each group expressed their ideas with drawings on a map of the
area. Next came the presentation by each group of their proposed plan. As each plan
was presented, it became apparent that many of the ideas, while slightly different, had
common themes. The groups' suggestions included extensive landscape
improvements; placing buildings closer to the street; and better utilization of Dixie
Highway. Other ideas included traffic calming in neighborhoods south of the Swap
Shop; revitalizing the Swap Shop and the Delray Shopping Center; developing
waterfront parks; and promoting mixed use development. The participants also agreed
that North Federal Highway should not compete with Atlantic Avenue, but should
compliment it by becoming a "workplace" with office buildings as opposed to boutiques
and specialty shops.
Immediately following the charrette, the joint team of planners from the Treasure Coast
Regional Planning Council and the private consulting firm of Dover, Kohl & Partners
began to develop their professional interpretation of the plan based on the extensive
public input.
The charrette participants gathered again in February, 1998 for a formal presentation of
an overall illustrative plan and redevelopment concepts by the consultants. A final
report including all the consultant's recommendations was presented to the City in
August, 1998. Many of the elements included in the report were incorporated into the
"Redevelopment Plan." As part of the Overlay District, the redevelopment plan
identified uses which were felt to be appropriate to be included and also specifically
identified self service storage facilities as an inappropriate use in this area.
The applicant proposes a text amendment to add "Self Service Storage Facilities" as a
conditional use in the GC zoning district limited to the North Federal Highway Overlay
District. The applicant has submitted the following narrative (excerpts) that outlines the
justification for the proposed amendment:
"...This application proposes to amend Section 4.4.9(G)(2) of the LDR's to add self-
service storage facilities as a conditional use subject to specific standards that will
further promote and implement the goals and objectives of the Comprehensive Plan and
Redevelopment Plan and to Revitalize the North Federal Highway corridor.
Based on the information included with this application provided, in part, by the Self-
Storage Association (See Exhibit "A" attached), the trend for the self-service storage
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page 3
industry is away from commercial warehousing and towards a "third generation" type of
facility that is more accessible and compatible to residential neighborhoods and
businesses. Self-service storage facilities are no longer considered industrial
operations. They provide a community service for both residential and commercial
renters that need an additional "closet" for storage of personal goods and valuables.
These "third generation" facilities are designed with modem aesthetics, create little
traffic, do not require or allow the use of heavy equipment, are designed to be
compatible with the neighborhood, and pose none of the code enforcement difficulties
associated with earlier designs.
The Overlay Zone is a perfect location for self-service storage. This area has been
identified in the Redevelopment Plan as a difficult area to develop for typical retail
commercial uses because the properties are relatively small in size, are located
adjacent to the FEC Railroad, have double frontage between Federal Highway and
Dixie Highway and there is little traffic which comes through the area. The proposed
amendment will continue to encourage retail uses along Federal Highway and service
uses along Dixie Highway, while also allowing for self-service Storage.
The amendment proposes that self-service storage be permitted only if approved as a
conditional use and in accordance with specific development standards. The
conditional use requirement will allow the City to maintain control of these types of
facilities by ensuring that they conform to the aesthetics of the adjacent properties and
the entire surrounding area..."
In summary, the amendment proposed for Section 4.4.9(G)(2) of the LDR's continues to
promote the visions for the redevelopment and revitalization of this specific area of the
City as described by the City's Comprehensive Plan, and Redevelopment Plan.
Additionally, the amendment provides the City with the necessary controls to properly
review and evaluate a proposal for a self-service storage facility within the Overlay
District."
The applicant's entire narrative is attached as Exhibit "B."
LDR TE~ AMENDMENT ANALYSis ~ "?~i
As noted in the background section of this report, the North Federal Highway
Redevelopment Plan has been in place since March 1999. This plan provides a vision
for the redevelopment of the North Federal Highway Overlay District. Since
implementation, the City has experienced steady redevelopment and reinvestment
within the North Federal Highway Redevelopment Area. Based on building permit
records, there has been approximately $16,848,661 worth of improvements associated
with new commercial and residential development and reinvestment in commercial
properties since adoption of the plan. Examples of these projects include Borton
Volkswagen, The Estuary, Delray Kawasaki, Powersports, Autobahn Motors, Delray
Lost Drive-In, Old Palm Grove (approved), Badcock Furniture, and the Goodwill Store.
There has been substantial evidence that the North Federal Highway Redevelopment
Plan has been successful. Given this significant investment, it is clear the current
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page 4
regulations for the North Federal Highway Redevelopment area have proved effective.
As will be discussed later in this report, the Plan specifically prohibits self service
storage facilities. Therefore, the proposed modifications to these regulations are
unnecessary and inconsistent with the Redevelopment Plan. Furthermore, as the North
Federal Highway Redevelopment Plan was implemented based on public involvement
through the charrette process and the Redevelopment Plan specifically prohibited self
service storage facility, amendments of this nature should only be considered after
significant public input of residents and other parties involved in the original plan
development.
In January 1998, the City researched the appropriate zoning districts to place this type
of use. As a result the City approved self service storage facilities in the MIC and LI
zoning districts as conditional uses. The City approved this use subject to specific
requirements that controlled the development and functioning of these facilities. These
requirements essentially required a "compound" concept where the facility would be
enclosed by a wall with defined vehicular access to the interior of the storage units. The
purpose of this requirement was to screen the facility so that it could not be identified as
a storage facility from the exterior. The City also requires that an on-site manager be
provided together with living quarters and that the storage portion of the structures is
limited to 15' in height. The City decided that these facilities needed to be limited to the
two industrial zoning districts. It was found that the Industrial zoning district allowed for
more intense uses and that the MIC and LI zoning district were located in closer
proximity to residential areas (which are the primary users of these facilities) and
allowed for warehouse type uses. The proposed text amendment will change the
fundamental concept from the compound to an "open" facility with no living facilities for
on-site managers. Further, it will allow the facilities in zoning districts and locations
there were previously determined as inappropriate.
The applicant has indicated that there is a need for self service storage facilities in the
eastern areas of the City. Citywide, there are currently six self service storage facilities.
These facilities contain a total of 371,886 square feet of gross floor area and cover
25.61 acres. These facilities are located in the south and west portions of the City. The
City of Boynton Beach has an existing self service storage facility (Public Storage)
located on the west side of Federal Highway approximately 1/, mile north of Gulfstream
Boulevard that contains approximately 75,000 square feet. Furthermore, the City of
Boynton Beach approved a site plan for a 103,392 square foot self service storage
facility (Victoria's Closet), which is also located on the west side of Federal Highway
approximately '~ mile north of Public Storage. Given these additional facilities in excess
of half a million square-feet of storage area is available in or near the City limits.
Similar Facilities In Other Jurisdictions:
The following comparison of SSSF regulations of other jurisdictions was conducted:
Palm Beach County':
Self service storage facilities are allowed as conditional uses in the Limited Office and
Commercial High Office zoning districts and allowed per Development Review
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page 5
Committee in the Light Industrial and General Industrial zoning districts. The County
allows this use subject to several specific requirements that include a 1,000' separation
requirement, no businesses within the storage uses, landscape requirements and
architectural standards.
City of Orlando:
The City of Odando allows self service storage facilities in their Mixed Use Corridor-
Medium Intensity and Mixed Use Corridor - High Intensity zoning districts. The City of
Odando allows these uses subject to specific requirements that include at least 1,000
square feet of ground floor area be devoted to at least one additional principal use. The
first 1,500 square feet of additional principal use shall be exempt from the minimum and
maximum parking space requirements. Building facades that face a right-of-way must
have the appearance of an office or retail building. Multi-story buildings have the
appearance of an office or retail building and minimum window requirements.
City of Palm Beach Gardens:
Permitted use within the M1A and M2 zoning districts. Self service storage facilities
shall comply with the standards listed below:
(a)
(b)
(c)
Individual storage areas shall not exceed 400 square feet.
Security or caretakers quarters may be established as an accessory use, shall not
exceed 1,000 square feet, and shall be utilized only by an employee of the facility.
Storage of boats and recreational vehicles may be allowed, subject to the
following:
1. Storage shall occur only within a designated area, approved as part of the
overall site plan;
2. Storage area shall not exceed 25 percent of the lot area of the site;
3. Boats shall be stored on trailers with wheels; and,
4. Storage areas shall be completely screened from public rights-of-way or
adjacent residential zoning districts, utilizing either the buildings associated
with the storage facility or by an opaque masonry wall, or equivalent
approved by the city, at least six feet in height.
City of Boca Raton:
Permitted uses within the C-1 (commercial), M-1 (manufacturing), M-2, M-3, W-1
(warehouse), and IG/S1.
City of Coral Springs:
Conditional use within the Commercial/Corporate Park district. Cannot be located along
perimeter, must have high aesthetic value.
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page 6
City of West Palm Beach:
Permitted use within the GC (General Commercial), I (Industrial), and 2"d floor of Mixed-
use zoned buildings.
Deerfield Beach:
Allowed as a conditional use in the B-2 (Highway Business) zoning district, subject to
the following:
A. Minimum of a 2,500 foot separation from any other self service storage facility.
B. The facility may only be used for self service storage.
C. Outside storage is prohibited.
D. The maximum building height is 35' and 65% maximum lot coverage with a 0.80
FAR.
E. Storage of hazardous material is prohibited.
F. Storage bay doors on any perimeter building shall not face any abutting property
located in a residentially zoned district, nor shall they be visible from ay public
road.
G. Site arrangement, landscaping, signage, building size and architectural design
elements such as roof pitch, material, colors, elevation details (doors, windows,
trim) shall be designed so as to ensure that the property does not appear as an
industrial warehouse development or facility.
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5)
(Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a
finding that the text amendment is consistent with and furthers the Goals,
Objectives and Policies of the Comprehensive Plan.
The following is the Purpose and Intent of the GC zoning district:
"The General Commercial (GC) District provides basic regulations for small parcels
which are best suited for general retail and office uses but which are not of sufficient
size to be designed in a planned sense. The GC designation is applied to small
parcels, most of which are developed, where adherence to standard regulations is most
appropriate. The GC designation is to be applied primarily along the arterial and
collector streets. Uses may be conducted singularly or in combination within the same
structure."
As noted in the applicant's narrative, the traditional self service storage facilities typically
are lower row buildings. This design generally needs larger tracts of land to
accommodate the sprawl of buildings and vehicular use areas. This design standard is
inconsistent with the GC zoning district which recognizes the needs for uses that utilize
less lot area. The applicant indicates that a new design concept is being developed that
allows storage facilities within commercial, light industrial and multiple family districts.
The LDR text amendment includes specific requirements that attempt to make the
proposed use consistent with the intent of the GC zoning district. The following table
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page ?
compares the proposed self service storage facility regulations to the City's existing
regulations.
Proposed Requirements (North Existing Requirements (LI
Federal Highway Overlay & MIC District)
District)
Lot Area 1.5 acres minimum 2 acres minimum
3 acres maximum 5 acres maximum
Building Height 48' t5' for storage units
35' for manager's apt.
Design Outdoor bay access allowed Compound
except when they face a street.
Exterior loading permitted.
Parking None for SSSF 1:5,000 sq. ft.
Loading Two per facility N/A (Compound)
Additional Uses 2,500 sq. ft. minimum retail or N/A
service use
On-site Manger During hours of operation 24-hour on-site manager
Living quarters required
Perimeter Landscape 10' along Federal & Dixie Hwys. 10' Perimeter
5' along adjacent property lines
It was identified that certain light industrial uses are appropriate within the North Federal
Highway Overlay District pursuant to LDR Section 4.4.9(G)(2). These uses were to be
operated in conjunction with a service or retail use. The light industrial uses were to be
oriented toward Old Dixie Highway. However, self service storage facilities are
specifically prohibited in this overlay district. There is a concern that the 2,500 square
feet of retail or service area is minimal and does not provide sufficient floor area to
maintain consistency with the district's intent. The proposed text amendment will allow
self service storage facilities as the overwhelming principal use of property in the
overlay district. The proposed mix of uses will result in the principal use of the property
being a self service storage facility with the appearance of a service or retail use. The
proposed text amendment fails the intent of the GC zoning district since it will allow self
service storage facilities with retail and service uses as secondary uses. If the text
amendment is supported, it is recommended that a maximum ratio of 50% of gross floor
area be allowed for self service storage facilities. This will ensure that the intent of the
overlay district to provide general retail and offices is maintained.
Among the stated purposes of the North Federal Highway Redevelopment Plan,
creation of jobs was to be stressed. Self service storage facilities are Iow generators to
an employment base. Furthermore, they are a destination use wherein patrons visit the
site generally for a single purpose and depart. There will be little patronage of adjacent
uses. Therefore, the inclusion of self service storage facilities in the North Federal
Highway Overlay District is inconsistent with this goal.
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page 8
COMPREHENSIVE PLAN POLICIES:
The applicant indicates that the proposed rezoning would further the following goals,
objectives and policies of the Comprehensive Plan:
Future Land Use Element Policy C-1.4:
The following pertains to the North Federal Highway Corridor:
The North Federal Highway Corridor is defined as the area bounded by the FEC
railroad right-of-way to the west, the easterly boundary of the CRA to the east, George
Bush Boulevard to the south, and the north City limits to the north.
Properties in the corridor that front on Federal Highway primarily contain small-scale,
strip commercial development. Many parcels in the area contain vacant or dilapidated
structures, substandard parking, and substandard landscaping. The area also contains
residential areas identified as "Stabilization" and "Revitalization" on the Residential
Neighborhood Categorization Map contained in the Housing Element. Many of the
remaining parcels in the area are currently vacant.
Due to those conditions, the North Federal Highway Corridor is hereby identified as a
blighted area. The North Federal Redevelopment Plan was approved by City
Commission on March 16, 1999. The Plan identified the need for limited rezonings and
LDR amendments, along with improvements necessary to accomplish certain
redevelopment goals. Future development in the area must be in accordance with the
provisions of the Redevelopment Plan.
North Federal Highway Redevelopment Plan
The North Federal Highway Redevelopment Plan is the guide by which the North
Federal Highway Corridor is to be revitalized. Development proposals including LDR
text amendments must be consistent with this Plan. As noted in the background section
of this report, the North Federal Highway Redevelopment Plan was approved as part of
a community involvement process known as a "charrette." The Redevelopment Plan
addresses the following issues:
Improvement of the appearance of the area;
Identification of appropriate uses for parcels adjacent to Dixie Highway and the FEC
railroad tracks;
Identification of and strategies for the elimination of inappropriate and marginal
uses;
Provision for increases in permitted residential densities adjacent to the Intracoastal
Waterway;
Directing smaller business operations to more concentrated areas;
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page 9
Providing economic stimulation and investment in the area;
Creation of jobs;
Stabilization and preservation of residential neighborhoods through new
development, redevelopment and the elimination of blight.
The proposed self service storage facilities are Iow generators of jobs. A typical self
service storage facility will employ one on-site manager. Therefore, the proposed text
amendment will not further the fundamental goal of creating jobs in the North Federal
Highway Overlay Area.
As noted previously, self service storage facilities are specifically prohibited within the
North Federal Highway Overlay District. The identification of appropriate uses along
Dixie Highway and Federal Highway were addressed as part of the North Federal
Highway Redevelopment Plan. Therefore, the proposed text amendment directly
conflicts with the Redevelopment Plan. Furthermore, the proposed use is a Iow traffic
generator and does not stimulate commerce to businesses in the area. The proposed
use does not encourage patrons to '~ow" from one business to the next along Federal
Highway. Furthermore, the proposed use does not have an economic relationship with
other businesses along North Federal Highway, thus other businesses will not
experience an economic enrichment from a self service storage facility. Therefore, the
proposed use will not provide economic stimulation and investment to the North Federal
Highway area and fails this goal.
Market Demand Analysis:
The Community Redevelopment Agency and the City of Delray Beach Planning and
Zoning Department envision the redevelopment of the North Federal Highway are to
include a mix of uses, particularly retail, office, office-light industrial, and residential.
Consequently, the Agency commissioned a market demand analysis for retail and office
uses for the purpose of quantifying the long-term demand. The market demand
analysis indicated that the North Federal Highway corridor could absorb an additional
245,000 square feet of retail and 250,000 of office and industrial space over a 15-year
period. As noted previously, the North Federal Highway Corridor has experienced
redevelopment since the adoption of the Redevelopment Plan. The North Federal
Highway Corridor contains a significant supply of available land that can be redeveloped
as retail, office and light industrial. The proposed text amendment is not consistent with
generating the target uses.
Land Development Regulations:
The proposed text amendment proposes a 10' minimum landscape buffer along North
Federal Highway and Old Dixie Highway. Pursuant to LDR Section 4.4.9(F)(3)(a) and
the North Federal Highway Redevelopment Plan, parcels shall have a minimum front
building setback of 5' from the ultimate right-of-way and a maximum setback of 15' from
Federal Highway. The proposed 10' landscape buffer is not consistent with the
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page ]0
redevelopment plan and will cause a different development pattern than the remainder
of the redevelopment area.
The development pattern that will likely result from the text amendment will be small
commercial tenant or one larger tenant space and the associated parking located
adjacent to Federal Highway. The self service storage facilities will be located above
and behind these commercial uses. The remainder of the parking will be located to the
rear or sides of these facilities. This development pattern is inconsistent with the North
Federal Highway Redevelopment Plan which indicates that the neo-traditional design
method is to be utilized wherein the buildings are placed along the road and parking is
placed to the rear.
Federal Highway Overlay Dist#ct:
The oveday district was approved to allow certain light industrial uses to stimulate
redevelopment of this area. These light industrial uses are conditional uses and are
required to operate as part or in conjunction with a permitted service, retail or business
use. Essentially, these industrial uses such as fabrication, assembly of manufactured
materials, cabinet and furniture making etc. were to be oriented along Dixie Highway
with the retail, service, or office located along Federal Highway. The proposed text
amendment would allow self service storage facilities to locate adjacent to Federal
Highway. Self service storage facilities were specifically prohibited in the overlay
district. This was at the direction obtained from the public input process. As this
amendment is contrary to a specific condition endorsed by the community in the
development of the plan, it should be incumbent on the applicant to justify how this
amendment is now appropriate. Further, the applicant should indicate what conditions
since the adoption of the Plan have changed to now make this use appropriate.
~.REVIEW BY OTHERS ??;~ ~
Community Redevelopment A.qency:
At its meeting of February 13, 2003 the CRA (Community Redevelopment Agency)
recommended approval and that the applicant work with staff to address concerns
related to minimum dimensions for the service, office and retail uses and architectural
requirements.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
r~ Kokomo Key
r, La Hacienda
a North Palm Trail
a Seacrest
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page 11
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
SME
The North Federal Highway Redevelopment Area has experienced redevelopment
along this corridor. There has been significant reinvestment associated with new
development (i.e. Autobahn Motors, The Estuary, and Borton Volkswagen) and
improvements to existing commercial property such as Delray Lost Drive-in,
Powersports, and Badcock. The redevelopment of this corridor has been dynamic since
the implementation of the Redevelopment Plan. The inclusion of self service storage
facilities is inconsistent with the North Federal Highway Plan, is unnecessary and in fact
is counterproductive to the potential employment base for this parcel along North
Federal Highway. The text amendment should not be considered until adequate
documentation is provided to justify why a specifically prohibited use endorsed through
the public charrette process is now appropriate. The proposed LDR text amendment is
inconsistent with the Comprehensive Plan and the North Federal Highway
Redevelopment Plan together with LDR Section 2.4.5(M)(5).
ALTERNATIVE ACTIONS .............. l
A. Continue with direction.
Recommend approval of the text amendment as modified by staff (See
Exhibit "A")to LDR Section 4.4.9(G)(2)to allow "Self service storage facilities"
as a conditional use and add LDR Section 4.4.9(G)(2)(c) to provide special
requirements for this use based upon positive findings with respect to LDR
Section 2.4.5(M)(5).
Recommend approval of the text amendment as proposed by the applicant
(See Exhibit "B") to LDR Section 4.4.9(G)(2) to allow "Self service storage
facilities" as a conditional use and add LDR Section 4.4.9(G)(2)(c) to provide
special requirements for this use based upon positive findings with respect to
LDR Section 2.4.5(M)(5).
Recommend denial of the text amendment to LDR Sections 4.4.9(G)(2) and
4.4.9(G)(2)(c), based upon failure to make positive findings with the respect
to LDR Section 2.4.5(M)(5), the Comprehensive Plan and the North Federal
Highway Redevelopment Plan.
By motion, recommend to the City Commission denial of the request to amend LDR
Section 4.4.9(G)(2) (Conditional Uses and Structures Allowed) to allow "Self service
storage facilities" as a conditional use and add LDR Section 4.4.9(G)(2)(c), based upon
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page ]:~
a failure to make a positive finding with LDR Section 2.4.5(M)(5), consistency with the
Comprehensive Plan and the North Federal Highway Redevelopment Plan.
Attachments:
· Exhibit "A'- Proposed Ordinance (Staff)
· Exhibit "B" - Proposed Ordinance (Applicant)
· Exhibit "C" - Self Storage Association Narrative
· Exhibit "D" - Applicant's Narrative
· North Federal Highway Overlay District Map
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page ]3
The Planning and Zoning Department recommends denial of the LDR text amendment.
If the Planning and Zoning Board recommends approval of the amendment to allow self
service storage facilities in the North Federal Highway Oveday District, the following
ordinance is recommended:
(2) North Federal Hiahway Overlay District: The following supplemental
district regulations apply to the North Federal Highway Overlay District, as defined in
Section 4.5.7. [Amd. Ord. 53-96 11119/96]
(a) In addition to the uses listed in 4.4.9(D), the following light industrial
uses are allowed as conditional uses: [Amd. Ord. 53-96 11/19196]
(1)
Fabrication and/or assembly of manufactured materials or parts for
distribution or sale, such as sheet metal, sign shops, glass shops,
electronics, cabinet and furniture making. [Amd. Ord. 53-96
11/19196]
(2)
The wholesaling, storage and distribution of products and materials.
,~,r,,,, +, .... '~ ~* ..... ~""';*~°..... . [Amd. Ord. 53-96 11119196]
(3) Self service stora.qe facilities that comply with subsection (c) below.
(b) All uses listed under subsection (a) above must:
11119196]
[Amd. Ord. 53-96
(1) Operate in conjunction with a permitted service or retail use that is
located on the premises; [Amd. Ord. 53-96 11/19/96]
(2)
Maintain a commercial facade along North Federal Highway, with
the light industrial aspect of the business oriented toward Dixie
Highway; [Amd. Ord. 53-96 11119/96]
(3) Operate within an enclosed building, with no outside storage;
[Amd. Ord. 53-96 11/19196]
(4)
Orient overhead doors away from adjacent rights-of-way, except
where existing, or where the approving body determines that it is
not feasible to comply; and, [Amd. Ord. 53-96 11119196]
(5) Along the property line adjacent to Dixie Highway, provide a
landscape buffer consisting of a 4' high hedge, and trees planted 25
feet on center to form a solid tree line. [Amd. Ord. 53-96
11/19/96]
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page ]4
(c) In addition to subsection (b) above, any self service storaqe facility shall
comply with the followinq. The following regulations supercede Section
4.3.3(A):
(1) Lot Area: The minimum lot area is 1.5 acres and the maximum lot
area is 3 acres.
(2) Facilities and Requirements:
(a)
Outdoor bay type access to individual self-storaqe units.
The exterior loading access points shall be designed in
such a way to minimize si.qht lines from adjacent roads.
(b) No building shall exceed forty-eight feet (48') in height.
(c)
Parking shall be provided at the rates set forth in Section
4.6.9 for the permitted service and retail uses, plus a
minimum of two (2) loading spaces for the self service
storage facility that must be striped and siqned to limit the
time for loading and unloading to one (1) hour. Parkinq
shall be provided at the rate of one space per 5,000
square feet of buildinq floor area devoted to self-storage
and accessory management/administration uses.
(d)
At least 50% of the total floor area shall be devoted to at
least one additional principal use as currently allowed in
the district.
(3) Limitation of Uses:
(a)
Activities not related to the rental or lease of self-storage
units shall not be conducted within the self service storage
facility area, unless specifically permitted through the
conditional use process.
(b)
Except as otherwise provided in subsection (c), no
business or activity other than self-storage shall be
conducted from any self-storage unit in the facility.
Examples of prohibited uses include, but are not limited to
the following: the servicin.q, repair and/or restoration of
automobiles, boats, recreational vehicles, lawnmowers
and the like; moving and self-storage companies; cabinet
making and wood workinq (whether personal or
professional); personal hobbies and arts and crafts; and
any other activity unless specifically permitted throu.qh the
conditional use process.
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page ]5
(c)
Except as otherwise provided in this subsection (c), there
shall be no electrical power provided to, or accessible
from, any individual self-storaqe units. This includes the
provision of li.qhtin.q fixtures to the interior of a self-storage
unit, unless specifically addressed in the conditional use
approval. The use of portable generators is also
prohibited.
(d)
The use or storage of any hazardous materials is
prohibited.
(e)
The terms and conditions of this section shall be clearly
expressed in all self-storaqe rental or leasing contracts, as
well as conspicuously displayed in plain view on a siqn no
smaller than one foot (1') by two feet (2') in the leasing
office at the facility.
(4)
On-site Manaqer: All SSSF are required to have, and continuously
maintain, an on-site manaaer, and provide on-site livinq quarters for
such.
(5)
Hours of Operation: Customers of the serf service storage facility
may not access individual self-storage units before 5:00 a.m. or any
later than 9:00 p.m. Hours of operation may be further restricted
when it is deemed that morninq and evening traffic into and out of
the facility may negatively impact the character of an adjacent
residential area. In no circumstance shall customers of any self
service storage facility have 24 hour access to their self-storaqe
units(s).
(6) Outdoor Storage of Vehicles, Boats & Truck Rental: Outdoor
storage of boats and vehicles and truck rental is prohibited.
(7) Architecture: All self service storage facility buildings must comply
with the following architectural standards.
(a)
Building facades visible from the public right-of-way shall
have the appearance of a service and/or retail building
through the use of doors, windows, awninqs, and other
appropriate building elements.
(b)
The primary exterior buildinq matedal shall not be metal.
The use of metal as an exterior material shall only be as
an architectural appurtenance.
(c)
Buildings that can accommodate two or more stories shall
be designed where facinq a street to have the appearance
of a multi-story buildin.q through the use of windows,
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page 16
doom, awnin.qs, canopies or other appropriate buildin.q
elements.
(d)
Buildin.q facades facin.q a public ri.qht-of-way must have a
50% minimum transparency consistin.q of windows that
provide visibility from the public riqht-of-wa¥ from the
interior.
(e)
Detailed buildin.q elevations shall be submitted prior to the
Conditional Use public hearinq.
(9) Location: A self service storaqe facility shall not be located within a
radius of 1,000 feet of another existin.q self service stora.qe faciliW.
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page ]?
II
PROPOSED APPLICANT ORDINANCE
The following is the applicant's amendment to allow self service storage facilities in the
North Federal Highway Oveday District:
(2) North Federal Hiahwav Overlay District: The following supplemental
district regulations apply to the North Federal Highway Overlay District, as defined in
Section 4.5.7. [Amd. Ord. 53-96 11/19/96]
(a) In addition to the uses listed in 4.4.9(D), the following light industrial
uses are allowed as conditional uses: [Amd. Ord. 53-96 11/19/96]
(1)
Fabrication and/or assembly of manufactured materials or parts for
distribution or sale, such as sheet metal, sign shops, glass shops,
electronics, cabinet and furniture making. [Amd. Ord. 53-96
11119/96]
(2)
The wholesaling, self-storage and distribution of products and
materials, ...."'*r'"',. .,, ,ho,,.. ,.-.,, --.--,""~ "*, -- --- ..... . -*u-- ~,,,.a~,..,,o. ....., ,, .,.... . [Amd .Ord . 53-96
11/19~96]
(3) Self service storage facilities that comply with subsection (c) below.
(b) All uses listed under subsection (a) above must:
11/19196]
[Amd. Ord. 53-96
(1) Operate in conjunction with a permitted service or retail use that is
located on the premises; [Amd. Ord. 53-96 11/19/96]
(2)
Maintain a commercial facade along North Federal Highway, with
the light industrial aspect of the business oriented toward Dixie
Highway; [Amd. Ord. 53-96 11119/96]
(3) Operate within an enclosed building, with no outside storage;
[Amd. Ord. 53-96 11/19/96]
(4)
Orient overhead doom away from adjacent rights-of-way, except
where existing, or where the approving body determines that it is
not feasible to comply; and, [Amd. Ord. 53-96 11/19196]
(6) Along the property line adjacent to Dixie Highway, provide a
landscape buffer consisting of a 4' high hedge, and trees planted 25
feet on center to form a solid tree line. [Amd. Ord. 53-96
11/19/96]
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Oveday Area)
Page ]8
(d) In addition to subsection (b) above, any self service storage facility shall
comply with the following. The following regulations supercede Section
4.3.3(A):
(1) Lot Area: The minimum lot area is 1.5 acres and the maximum lot
area is 3 acres.
(2) Facilities and Requirements:
(a)
Outdoor bay type access to individual self-storaqe units
that face a street is prohibited. The exterior loading
access points shall be designed in such a way to minimize
sight lines from adiacent roads.
(b) No building shall exceed forty-ei.clht feet (48') in height.
(c)
Parkinq shall be provided at the rates set forth in Section
4.6.9 for the permitted service and retail uses, plus a
minimum of two (2) loading spaces for the self service
storage facility that must be striped and signed to limit the
time for loading and unloadinq to one (1) hour.
(d)
At least 2,500 square feet of ground floor area shall be
devoted to at least one additional principal retail or service
use without limiting the foregoing. The additional principal
uses may be eating and drinkinq establishments, retail or
personal service.
(3) Limitation of Uses:
(f) Activities not related to the rental or lease of self-storage
units shall not be conducted within the self service storage
facility area, unless specifically permitted through the
conditional use process.
(g)
Except as otherwise provided in subsection lc). no
business or activity other than self-storaqe shall be
conducted from any self-storage unit in the facility.
Examples of prohibited uses include, but are not limited to
the followinq: the servicing, repair and/or restoration of
automobiles, boats, recreational vehicles, lawnmowers
and the like; moving and self-storage companies; cabinet
making and wood workinq (whether personal or
professional); personal hobbies and arts and crafts; and
any other activity unless specifically permitted through the
conditional use process.
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page :lg
(h)
Except as otherwise provided in this subsection (c), there
shall be no electrical power provided to, or accessible
from, any individual self-storaqe units. This includes the
provision of lighting fixtures to the interior of a self-storage
unit, unless specifically addressed in the conditional use
approval. The use of portable generators is also
prohibited.
(i)
The use or storage of any hazardous materials is
prohibited.
The terms and conditions of this section shall be cleady
expressed in all self-storage rental or leasing contracts, as
well as conspicuously displayed in plain view on a sign no
smaller than one foot (1') by two feet (2') in the leasing
office at the facility.
(4) On-site Manager: An on-site manager shall be employed at the
facility dudng all hours of operation.
(5)
Hours of Operation: Customers of the self service storage facility
may not access individual self-storage units before 5:00 a.m. or any
later than 9:00 p.m. Hours of operation may be further restricted
when it is deemed that morning and evening traffic into and out of
the facility may negatively impact the character of an adjacent
residential area. In no circumstance shall customers of any self
service storaqe facility have 24 hour access to their self-storage
units(s).
(6)
Landscape Requirements: In addition to all applicable landscape
requirements and other special provisions pursuant to the individual
zone district, a minimum ten foot (10') landscape buffer shall be
required adjacent to Federal Highway and Dixie Hi(~hwav and a
minimum five foot (5') landscape buffer shall be required along all
property lines that do not abut a roadway.
(7) Outdoor Storage of Vehicles, Boats & Truck Rental: Outdoor
storage of boats and vehicles and truck rental is prohibited.
(8) Architecture: All self service storage facility buildings must comply
with the following architectural standards.
(0
Building facades visible from the public right-of-way shall
have the appearance of a service and/or retail building
through the use of doors, windows, awnings, and other
appropriate building elements.
Planning and Zoning Board Staff Report
LDR Amendment to Add Self Service Storage Facilities in the GC Zoning District (North Federal Highway
Overlay Area)
Page 20
(g) Exterior building material shall be stucco or a similar
material.
(h)
Buildings that can accommodate two or more stories shall
be designed where facing a street to have the appearance
of a multi-story buildinc~ through the use of windows,
doors, awnin.qs, canopies or other appropriate buildinq
elements.
(i)
Building facades facing a public d,qht-of-way must have a
15% minimum transparency consisting of windows that
provide visibility from the public riqht-of-way from the
interior.
Detailed building elevations shall be submitted prior to the
Conditional Use public hearing.
(9) Location: A self service storaqe facility shall not be located within a radius of
1,000 feet of another existinq self service storage facility.
Raek_m*ound? MintoFy ann the "Third Generation"
cotnpn~es. In ~he 1850's, the first warehouse speciflca~ constructed for ~o1~~ i~ ~ ~ Th~se two
story stmoturm we~ built with pac~n~ on thc lower floor and private stora~ ~ on the second. For tho next sixty y~
wardmusin8 w, dm, eloped. Tetumt's soods wer~ mU~d and rocked three ~sh in wooden boxes moved around with e
foddifl. Whilo ~he concept ~ed well, it was inccmvenintt stat costly to tho oust0mer, h ~he mid 1960's, Trams saw the
secure, upscale ima~ that develops a strong percepti~ of trust reno,s local oonsumm*s.
The first projects which, in 1969, were renling for 1~ cents pcr square foot per month in 1985, wer~ renting fo~ 60 ceuts per
square foot per month, and now in Ihe late 90's, can easily be in excess of $1 per square foot
Will this ability to raise rents continue7 The past few years have witnessed the flrst-sisns of strong competition in specific
local market~ In some areas the supply of m~nl storage units has begun to ou~str~ the dem_n,u4_ Older projects (at least those'
which were poo~ m-cheaply built) have suff~ with an increasing sha~ ofthe mafl~ dollar goin~ to the moro
sophisticated and aesthetically pleasing facilities that mec~ the markets demand for upscale, high tech product.
These newer facilities will be consid~ably mc~ c~cnsivc to construct than the facility of the past The value of tho land in a
f~m~l localien can now be as much as 50 pcrcent of the project, with debt service a ~~ f~ ~ ~ ~ ~ ~
upheavals in. the real estate industry the past few years have left self stora~ in a nmch more favorable position vis-a-vis other
storase facilflie~ Some okler facilities, while faced with heavy competition from modem facilities, if well managed,
maimined and msflnst~ ~ achieve a hish flnmoial performing.
Proposed Amendments to LDR Section 4.4.9(G)(2)
City of Delray Beach Summary & Justification Statement
The City of Delray Beach ("City") has designated the area between Federal Highway and Dixie
Highway north of NE 14~ Street to the City's north limits as the North Federal Highway Overlay
Zone ("Overlay Zone"). The Overlay Zone is a portion of the North Federal Highway
Redevelopment Plan ("Redevelopment Plan") that was adopted by the City in 1999 to promote
the redevelopment and revitalization of the area. Special standards are identified in the City's
Comprehensive Plan and Land Development Regulations (LDR's) to implement the findings and
objectives of the Redevelopment Plan.
The definition of the General Commercial land use category in the Comprehensive Plan has been
expanded to allow for light industrial type uses only within the Overlay Zone. Broadening the
definition increases the possibilities for economic activity in the area. Section 4.4.9(G)(2) of the
LDR's provides regulations and standards for the development of these light industrial type uses,
but it excludes self-service storage facilities. T his application proposes to a mend Section
4.4.9(G)(2) of the LDR's to add self-service storage facilities as a conditional use subject to
specific standards that will further promote and implement the goals and objectives of the
Comprehensive Plan and Redevelopment Plan and to revitalize the North Federal Highway
corridor.
Based on the information included with this application provided, in part, by the Self-Storage
Association, the trend for the self-service storage industry is away from commercial warehousing
and towards a "third generation" type of facility that is more accessible and compatible to
residential neighborhoods and businesses. Self-service storage facilities are no longer
considered industrial operations. They provide a community service for both residential and
commercial renters that need an additional "closet" for storage of personal goods and valuables.
These "third generation" facilities are designed with modern aesthetics, create little traffic, do not
require or allow the use of heavy equipment, are designed to be compatible with the
neighborhood, and pose none of the code enforcement difficulties associated with eadier
designs.
The Overlay Zone is a perfect location for self-service storage. This area has been identified in
the Redevelopment Plan as a difficult area to develop for typical retail commercial uses because
the properties are relatively small in size, are located adjacent to the FEC Railroad, have double
frontage between Federal Highway and Dixie Highway and there is little traffic which comes
through the area. The proposed amendment will continue to encourage retail uses along Federal
Highway and service uses along Dixie Highway, while also allowing for self-service storage.
The amendment proposes that self-service storage be permitted only if approved as a conditional
use and in accordance with specific development standards. The conditional use requirement
will allow the City to maintain control of these types of facilities by ensudng that they conform to
the aesthetics of the adjacent properties and the entire surrounding area.
Over the last several years, the eastern areas of the City have grown tremendously with hundreds
of multi-family homes and new businesses. Studies conducted showthat the users of these types
of facilities include:
· Homeowners and businesses in need of temporary space for overflow of property and/or
inventory;
· Those in the process of relocating;
· Property stored in relation to an estate in transition due to death, litigation, restoration, etc.;
· Businesses in need of space for inventory, records, supplies and equipment;
· Businesses or homeowners storing seasonal displays; and
· Seasonal residents or visitors with household items, clothing, sports equipment, etc.
As the City continues to grow, the need for additional storage space will also continue to grow.
With proper innovative design and management, self-service storage facilities can be
aesthetically compatible with the neighborhood and provide a community service by making
efficient use of land that has already been identified as being difficult to develop.
The proposed amendment and standards maintain the goals and objectives already adopted by
the City's Comprehensive Plan, LDR's and Redevelopment Plan. They also provide the
necessary controls for the City to properly evaluate the use, design and location of a project
through the conditional use procedure. In order to assure a first class project, aggressive
architectural and use standards for the design of the building, orientation of overhead doors,
prohibition of outdoor storage, landscaping, restricted hours of accessibility, control over the
number of facilities, location, size, etc. are included in the amendment. These standards are
based on research of many different municipalities around the state and country.
Since this "third generation" of self-service storage is relatively new, most municipalities have not
yet written regulations that differentiate between commercial warehouses in industrial areas and
the self-service storage that will serve a surrounding residential or business community. The
newer facilities provide climate controlled space that have a central loading area with interior
access to the individual storage units; motion censored lighting, secudty cameras, a retail
component for necessary supplies, an on-site manager, carts for loading, etc. Palm Beach
County recognizes two different types of storage - multi-access and limited access. The multi-
access storage includes exterior overhead bay doors for access to each individual storage unit.
Limited access facilities are more closely related to the "third generation" self-service storage
facility as is being proposed. The City of Orlando has taken their regulations another step by
adapting specific regulations that address the aesthetics of the building in addition to the use.
The regulations for Palm Beach County, the City of Orlando and a copy of the "Self-Storage
Standards and the Modem Community" booklet published by the Self-Storage Association are
attached for reference.
In summary, the amendment proposed for Section 4.4.9(G)(2) of the LDR's continues to promote
the visions for the redevelopment and revitalization of this specific area of the City as described
by the City's Comprehensive Plan, and Redevelopment Plan. Additionally, the amendment
provides the City with the necessary controls to properly review and evaluate a proposal for a self-
service storage facility within the Overlay District.
O:~UGA004~Text Amendment Justificatmn.wpd
2
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L.D.R. TEXT
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SUBJECT AREA
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SUPPLEMENTAL INFORMA'IION
PCN# 12-43-46-04-08-000-0141 I
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APPROXIMA TEACREAGE 2 15
ABRIDGED LEGAL DESCRIPTION
REFERENCE PLAT BOOK21, PAGE
13 OF PALM BEACH COUNTY
ZONING GC (GENERAL
COMMERCIAL)
FLUM GC (GENERAL
COMMERC/A/.)
EXISTING LAND USAGE. VACANT
WITHIN TRAFFIC ANALYSIS
ZONE #531
WITHIN CENSUS
~ TRAC¥ ~64 01 j
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER /
AGENDA ITEM # ~) -~ - REGULAR MEETING OF APRIL 1. 2003
ORDINANCE NO. 8-03 (AMENDING CHAPTER 96 "FIRE SAFETY AND
EMERGENCY SERVICES")
MARCH 28, 2003
This ordinance is before Commission for second reading and public heating to amend Chapter 96
"Fire Safety and Emergency Services" of the Code of Ordinances by amending Secdon 96.25,
"Discharge or Use of Fireworks". Ordinance No. 8-03 prohibits the use of pyrotechnic special
effects, flame effects, or similar devices inside of buildings or other enclosed spaces; and specifies the
requirements for outdoor fireworks displays.
At the first reading on March 18, 2003, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 8-03 on second and final reading.
S:\Caty Clerk\chevelle folder\agenda memo. Ord 8.03F~reworks 4.1 03. doc
[ITY OF I)ELRI:IY BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: March 12, 2003
MEMORANDUM
Writer's Direct Line' 561/243-7091
TO:
FROM:
David Harden, City. Manager
{~_.,. ~._..-..,.-~
Brian Shutt, Assistant City Attorney
SUBJECT: Proposed Chanqes to Section 96.25 of the Code of Ordinances
The Fire Department has proposed changes to Section 96.25 of the Code of
Ordinances regarding fireworks, pyrotechnic devices and special effects. The
proposed changes prohibit the use of pyrotechnic special effects, flame effects
and/or similar devices inside any building, tent, structure, or other enclosed space.
Another proposed change also provides that for public outdoor fireworks displays
a permit from the Fire Department must be obtained and all financial bond and
safety requirements must be met.
If this ordinance meets with your approval please place it on the March 18, 2003
City Commission agenda. Please call if you have any questions.
Attachment
CC:
Barbara Garito, City Clerk
Kerry Koen, Fire Chief
ORDINANCE NO. 8-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 96, "FIRE SAFETY AND EMERGENCY
SERVICES", OF THE CODE OF ORDINANCES OF THE
CITY OF DEl,RAY BEACH, BY AMENDING SECTION
96.25, "DISCHARGE OR USE OF FIREWORKS", TO
PROVIDE THAT THE USE OF PYROTECHNIC SPECIAL
EFFECTS, FLAME EFFECTS OR SIMILAR DEVICES
INSIDE BUILDINGS OR OTHER ENCLOSED SPACES IS
PROHIBITED AND TO SPECIFY THE REQUIREMENTS
FOR OUTDOOR FIREWORKS DISPLAYS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTWE DATE.
WHEREAS, the City Commission has determined that the prohibition of pyrotechnic
special effects, flame effects or similar devices inside buildings, tents or other enclosed spaces
promotes the health, safety and welfare of the residents of Dekay Beach; and
WHEREAS, the City Commission has also determined that it promotes the health, safety
and welfare of the residents of Delray Beach to provide for certain requirements regarding outdoor
fireworks displays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.25,
"Discharge or Use of Fireworks", of the Code of Ordinances of the City of Delray Beach, Florida,
be and the same is hereby amended to read as follows:
Section 96.25 DISCHARGE OR USE OF FIREWORKS, PYROTECHNIC DEVICES
AND SPECIAL EFFECTS.
The discharge, firing or use of firecrackers, rockets, torpedoes, Roman candles or other
fireworks or substances designed and intended for pyrotechnic display, and of pistols, canes,
cannons or other appliances, using blank cartridges or caps containing chlorate or potash mixture, is
prohibited. The use of pyrotechnic special effects, flame effects and/or similar devices inside
building, tents, structures and/or other enclosed spaces is prohibited. Flame effects include, but
are not limited to, batons, and/or torches fueled by liquid, solid or gaseous fuels; flame projectors
which produce heat effects and/or flames; flash powders composed of fuel(s) and oxidizer(s); flares
and similar devices. Pyrotechnic special effects include, but are not limited to, chemical mixtures
used in the entertainment industry to produce visible, audible or thermal effects by combustion,
deflagrafion or detonation. However, this section shall not prohibit public
outdoor fireworks/pyrotechnic displays where the permission of the City Manager has been
obtained, and for which a permit has been obtained from the Fire-Rescue Department, all financial
bond requirements established by the City have been satisfied, and other prescribed safety.
requirements have been met.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
day of 2003.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2 ORD NO. 8-03
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING~IRECTOR OF PLANNING A~
JEFFREY A. COSTELLO, PRINCIPAL PLANNE~;~~~~
MEETING OF APRIL 1, 2003
CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS CHAPTER 7 (BUILDING REGULATIONS), SECTION 2.4.6
(PROCEDURES FOR OBTAINING PERMITS AND APPROVALS), AND
SECTION 4.5.4(C) (COASTAL CONSTRUCTION, DEVELOPMENT
STANDARDS) TO ACHIEVE CONSISTENCY WITH THE 2001 FLORIDA
BUILDING CODE.
The proposed text amendments are to modify the applicable LDR sections to achieve
consistency with the 2001 Florida Building Code and amendments to the 2001 Florida
Building Code adopted by Palm Beach County, as well as to eliminate duplications, and to
renumber and reorganize as appropriate. The amendments to Chapter 7 include relocating
submission requirements to LDR Section 2.4.6 (Procedures for Obtaining Permits and
Approvals). The proposed changes include various renumbering and deletions to "clean-up"
this Chapter of the LDRs. Also, LDR Section 4.5.4(C) is being modified to eliminate
duplication of requirements found in the Florida Building Code. Additional background and a
complete analysis are found in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of
March 17, 2003. There was no public testimony in opposition to the proposed text
amendment. After discussing the amendment, the Board voted 6-0 (Pike absent) to
recommend to the City Commission approval of the proposed amendment to the Land
Development Regulations, based upon a positive finding with LDR Section 2.4.5(M)(5), that
while the amendment does not specifically further the Goals, Objectives, and Policies of the
Comprehensive Plan, it is not inconsistent with them.
By motion, approve on first reading an the amendment to the Land Development Regulations
regarding Chapter 7 (Building Regulations), Section 2.4.6 (Procedures for Obtaining Permits
and Approvals) and Section 4.5.4(C) (Coastal Construction, Development Standards), based
upon positive findings with LDR Section 2.4.5(M)(5), and setting a public hearing date of April
15, 2003.
Attachments: Planning and Zoning Board Memorandum Staff Report of March 17, 2003
Proposed Ordinance by Others I ~
RCH 17, 2003
M TING OF: MA _...- ,&un DEVELOPMENT
EE AMENDMENT TO
BUILDING REGULATIONS),
,~,~E RE(Su~-,--"-_'; .. ,monCEDURE'5 r~_.~'B. ., ,,.'.~ ICOAS]A~
SECTION 2.4.0 _~ ~an SECTION ~.o.~j ~n BE
~SISTENT WITH THE zuu~
-- t to the Land Development Regulations regarding Chapter 7
The item before the Board is that of making a recommendation to the City commission
btaining Permits and Approvals}
nard' cl an amendme_n .... ~ A 6 tProcedures for O . ~.,~.~or ~ to be consistent
re~-- .in_~, .... iotlnn ~. 15ecuo~,/--.-'. ,- -. - ~v~ Domain o~"~'ds'
(Buildtng ~u~'~'~'~nastal Construm~on, u~_-I . .4.5(M).
and Section ~.o.w~/,-- pursuant to LDR Section 2
with the 2001 Florida Building Code,
Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
This amendment is corrective in nature. The Florida Buitding Code Act of 1998 directed
the Florida Building Commission to establish a statewide uniform building code known
as the Florida Building Code. This Code has been in effect throughout the State of
' a since March 1,2002. - - · Board recommended
Flond . ~ ~n on01, Planning and ~om~.~,ance included the
.... · of Novemoer '~, ~ ' e the proposeo ~",;,__ c~He The
~ 'tr~v;e~'~e te~ amendmen~ ~tf;~t ~; 2001 Florida ~ui,o,,,~ ~'. .
pP tangu g s in the LDRs from premOusly
:~..einn Of tables and .... .- -h~nnino referen~ -~--~-, was not fo~arded
"°~i'~;;tions primarily related .tu ~"u~ldi~code. Th~am~.s~'.~,;'w of Chapter 7 was
?~,~ codes to the 2001 F~ort~_ ~, ore comprenens,v~
undeffaken.
The proposed text amendments are to provide for the adoption of the 2001 Florida
Building code and amendments to the 2001 Florida Building Code adopted by palm
duplications, and to renumber and reorganize as
Beach County, to eliminate relocatingsubmissi°n requirementS
appropriate. The amendments to Chapter 7 include
IV. C.
Planning and zoning Board Memorandum Staff Report
LDR Amendment - 2001 Florida Building Code
Page 2
to LDR Section 2.4.6 (Procedures for Obtaining Permits and Approvals). The proposed
changes include various renumbering and deletions to "clean-up" this Chapter of the
LDRs. The proposed amendments are now before the Board for action.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. As noted previously, this amendment is being
initiated more for "housekeeping" purposes than to fulfill any specific Comp Plan policy.
While the amendment does not specifically further the Goals, Objectives, and Policies of
the Comprehensive Plan, it is not inconsistent with them.
By motion, recommend to the City Commission approval of the amendment to the Land
Development Regulations regarding Chapter 7 (Building Regulations), Section 2.4.6
(Procedures for Obtaining Permits and Approvals) and Section 4.5.4(C) (Coastal
Construction, Development Standards), based upon positive findings with LDR Section
2.4.5(M)(5).
Attachment:
· Proposed Amendments
ORDINANCE NO. 5-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING CHAPTER 7, "BUILDING REGULATIONS",
SECTION 7.1.3, "BUILDING CODE" AND SECTION 7.1.7,
"SEAWAI.LS"; ARTICLE 7.2, "ELECTRICAL CODE",
SECTION 7.2.1, "GENERAL PROVISIONS", SECTION 7.2.2,
"PERMITS AND INSPECTIONS", AND SECTION 7.2.3,
"TECHNICAL REQUIREMENTS"; ARTICLE 7.3, "GAS
CODE", SECTION 7.3.1, "ADOPTION BY REFERENCE";
ARTICLE 7.5, "MECHANICAL CODE"; ARTICLE 7.6,
"PLUMBING CODE"; CHAPTER 2, "ADMINISTRATIVE
PROVISIONS", SECTION 2.4.6, "PROCEDURES FOR
OBTAINING PERMITS AND APPROVALS", SUBSECTION
2.4.6(I3), "BUILDING PERMITS" AND SUBSECTION 2.4.6(C),
"CERTIFICATE OF OCCUPANCY"; CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.5.4 "COASTAL
CONSTRUCTION", SUBSECTION 4.5.4(C) "DEVELOPMENT
REGULATIONS", TO PROVIDE FOR THE ADOPTION OF
THE 2001 FLORIDA BUILDING CODE AND AMENDMENTS
TO THE 2001 FLORIDA BUILDING CODE ADOPTED BY
PALM BEACH COUNTY, TO ELIMINATE DUPLICATIONS,
TO RENUMBER AND REORGANIZE AS APPROPRIATE;
PROVIDING A SAVINGS 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 March 17, 2003 and voted 6 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 7, "Building Regulations", Article 7.1, "Building Regulations",
Section 7.1.3, "Building Code", 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 7.1.3
Building Code:
o e e fence ................. ~ ..... ~ .... ~ o c, .... v
r~__~.~....., is ~e 2001Flofida B~g Code, as amended, and ~e amen~ents to ~e 2001 Florida
B~g Code as adopted by Pa~ Beach Coun~~e hereby adopted and ~co~orated a~ .~:~"" as if
~ended M Section 7.1.2~) of ~s A~cle. ~s Article also adop~ Also :mc?aries ~e ~1999
W~dbome Debris Impact Smnd~d (SS~ 12~99). If a later e~fion of ~s code or subsequent
amen~ents are made to ~e appficable ~m code, ~en ~ose revisions or amen&ents sha~
automafic~y become ~e adopted code ~der ~s chapter.
(1)
Appeals concerning interpretation or administxation of the provisions of this
chapter shall be heard by the Board of Construction Appeals.
(~,B__) Amendments and Additions to Code. The following amendments and additions are
made to the 2001 Florida Building Code adopted by this subchapter:
2 ORD. NO. 5-03
(~!) Unity of Tide Declaration: When it is found necessary in order to
obtain a building site plan of sufficient size and dimension to meet the mum applicable yard
requirements, setback distances or lot area that separate lots, plots, parcels or portions thereof, must
be combined, added or joined together the applicant for such building permit shall first place on file
or record as a public document in the official records in the office of the Clerk of the Circuit Court
of Palm Beach County, an instrument hereinafter referred to as a Unity of Tide Declaration. Such
Unity of Tide Declaration shall be in a form and content sufficient to unequivocally state that the
aforesaid combination of separate lots, plots, parcels, or portions thereof shall be regarded as unified
under one tide as an indivisible building site. Where a Unity of Tide has been recorded and the
owner abandons the project before utilizing the Unity of Tide, the Chief Building Official is
authorized to release the Unity of Tide.
(t~2_) Survey: Before slab inspection or prior to flaming, the Building
Department shall be supplied two ¢czd.qcd akctckca surveys or engineering plans certified by a
Florida registered engineer or surveyor, showing setback distances from each property line to the
stem walls or sills of the building or structure under construction. The Building Department shall
also be furnish written certification from a Florida registered engineer or land surveyor, stating that
the top of the floor slab is above the one hundred-year flood plain and a minimum of 18 inches
above the crown of the road or measured to the bottom of the wood joists will be a minimum of 18
inches above the crown of the road. Should the property owner desire to set the floor elevation at
less than 18 inches above the crown of the road, but above the one hundred-year storm or National
Flood Insurance minimum elevations, then a variance may be granted by the City Engineer or
s__: ..... ,,--:,... r:_..~ .... desimaee if the applicant provides an accet>table Justification letter
__.'._c .........t._ r:.-. ~_.~ ...... s _~: ..... r:... r:_.~ ....from an engineering firm cerfifTing the
drainage conditions have been investigated, and the proposed floor elevation is above the flooding
level. To determine whether the proposed floor elevation is above the flooding level, it must be
shown that the structure has adequate drainage to ensure that flooding will not occur in a one
hundred-year storm. No wall, however, shall be constructed which would exceed by over one foot
the elevation of the floor slab before the stem wall survey has been submitted to the Building
Depariment.
(Ga_) Any violations existing at this stage of construction must be
corrected before the construction may proceed and before other inspections are made.
3 ORD. NO. 5-03
.............. r ............ ycar aftcr t~c ]-'~ cf t~.c c.~. r:~..
............
o..opc .....o~ .....do ....for
r ..... cf am months 'J~c '--~
{"~h &----1:--~ .... Handicapped Accessibility ~Iozida ........... ~ .... , The
requirements of this section shall apply to all levels and areas of buildings and structures except as
4 ORD. NO. 5-03
modified by the Florida Accessibility Code for Building Construction as amended.
a.._~ ......c ..... o o_.:4__.'-.1. . - .. Refer to the .......
........... s .... Fair Housing Act for
,,--].,...x,..o ux ~.,_,._1~, ,.... ,..o u,,. ,.~
_c ~__,_ c_--:, ..... : .... 4 .*..-1 ..... mily residential
application in the case o. o..~ ....... : ........... r .....multiple fa units consisting
of condominium or rental units.
""'"'"" "' ..... 1"' ....................................... 15 ........... Y ..... ~' .......... ~'
")l'l i--_t.__. -1 ....... i---- with thc cxccp~,c.n of storage :c,a_'-~3 and ..,.o,..o,-1 ......... .., . ..~-^.. 'ar.:.ta ~..11_
/"~..u. .....4,1 T ^-4 .... /1 I:/"~0\
~4~ Cooling Towers:
(Aa) Cooling towers in excess of 250 square feet in base area or in
excess of 15 feet in height, when located on buildings more than 50 feet in height in or out of the
fire district, shall be noncombustible construction; except that drip boards may be of wood not less
than one inch nominal thickness and the enclosing framework may be of wood, if covered on the
exterior of the tower with noncombustible material. Cooling towers shall not exceed one-third of
the supporting roof area.
(gb_) Positive provisions shall be made for adequate disposal of
bleed water overflow and maintenance draining or properly designed drywells. All cooling towers
shall be sited or constructed to prevent any nuisance due to spray, spatter, foaming, drainage or
excessive noise or the like onto any building, walk, alley, or street, or the public in general. When
after erection such nuisance is found in the opinion of the Building Official to occur, it shall be
abated within a period of 90 days.
5 ORD. NO. 5-03
Section 2. That Chapter 7, "Building Regulations", Article 7.1, "Building Regulations",
Section 7.1.7, "Seawalls", 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 7.1.7 Seawalls:
(A) Permit Required; Approval: In addition tO the application procedures of Section
2.4.6. ~aprior to the erection, construction, or alteration of any seawall or bulkhead, there shall first
be submitted to the Chief Building Official an application in the form prescribed by the City,
containing detailed plans and specifications for the structure at the proposed site, together with a
plot plan showing the location of the proposed structure or alteration in conjunction with adjoining
lands, waters and channels. The above shall be prepared and sealed by a registered professional
engineer registered in the State of Florida. In addition, approval from the applicable reviewing
agencies is required, prior to issuance of a building permit. Application to these agencies is the
responsibility of the applicant.
Section 3. That Chapter 7, "Building Regulations", Article 7.2, "Electrical Code", Section
7.2.1, "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 7.2.1 General Provisions
6 ORD. NO. 5-03
(A) Definitions: For the purpose of this chapter the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
(1) Electrical Construction: All work and material used in installing,
maintaining, and extending a system of electrical wiring for lights, heat, or power, and all
appurtenances thereto; and all apparatus or equipment used in connection therewith, inside of, or
attached to any building, lot or premises, done by licensed electricians, public utilities companies, or
firms, corporations, or individuals.
(2) Electrical Contractor: A person engaging in the business of electrical
contracting. The individual in charge of the electrical installations for that person shall have passed
the Depatmlent of Professional Regulation or the County competency test and registered same with
the saute or have passed the saute certification examination.
(3) Licensed Sign Electrician: A person who possesses the necessary
qualifications, training, and technical knowledge to plan, build lay out, and supervise the installation
of all types of electrical signs.
03) Electrical Code Adopted By Reference: Except as in this chapter otherwise
provided, all electrical construction and all material and appliances used in connection with electrical
work and the operation of all electrical apparatus within the City shall conform to the rules and
..~.1999 edition, as recommended and published by
regulations of the National Electrical Code, 1
the National Fire Protection Association for the installation of wiring and electrical apparatus for
provided that the rules and regulations of the National Electric Code are not in any respect in
conflict with the provisions of this chapter, this code, the laws of the Saute of Florida, or subsequent
ordinances and resolutions of the City. If a later edition of this code or subsequent amendments are
made the applicable minimum code, then those revisions or amendments shall automatically become
the adopted code under this chapter
(C) Licensed Electrician Permitting Misuse Of Name: No licensed electrician shall allow
his name to be used by any person or party, directly or indirectly, either for the purpose of obtaining
a permit or to do any work under his license.
Section 4. That Chapter 7, "Building Regulations", Article 7.2, "Electrical Code", Section
7.2.2, "Permits and Inspections", 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 7.2.2 Permits And Inspections
7 ORD. NO. 5-03
(~A_.) Issuance Of Permits To Licensed Electricians; Exception: Permits to do electrical
work will be issued to licensed electricians only, holding a current Florida State registration or
certification and registered with the City of Delray Beach, Florida.
(1) The plans shall show the outline of the total floor area, the square feet of the
building under consideration, the point at which the service connection is to be made with the
public utility or isolated plant, or with another building, the size of service and subfeeder wires, the
location of service switches and center, or centers, of distribution, and the arrangement of circuits
showing the number of outlets connected thereto, together with location and size of all appliances,
motors, and space heating units.
($2_.) The insta!!adon of the wiring, apparatus, or equipment for light, heat, or
power, within or attached to any building or premises, whether for private or public use, must be
done in accordance with the plans and specifications submitted as described in this chapter.
(43_) Any changes or omissions in the wiring system shown on the plans must be
made by the owner in the form of a letter setting forth the changes and accepting the responsibilities
for the changes. This letter must be addressed to the Building Official or his ~ ..u_=__a _~: ......
desienee and shall be filed in his office.
8 ORD. NO. 5-03
Final Inspection And Approval; Coveting Uninspected Work:
(-_al_) It shall be unlawful to hth, ccflseal, or in any manner conceal, any electrical
wiring or equipment until the same has been inspected and a notice posted as herewith required.
(GC_~) Using Uninspected Apparatus: It shall be unlawful for any person to use any
electrical current in, or through, any wiring apparatus or fixtures for lights, heat, or power in, or on,
any building, structure, lot, or premises within the City without having first received written
approval from the x~,.. '-_~, T ........ Chief Building Official or designee to furnish current for that
wiring, apparatus, or fixtures. The approval shall be given by the._,.,.,....,...m~-'-":-~ '"°r"""-'"~ ........ Chief Building
Official or designee at any time after the certificate hereinafter provided shall have been issued.
04D__) Temporary Permission To Furnish Current:
(1) The Building Official or his authorized assistants may, before a certificate of
final approval is issued, give temporary permission to connect and furnish electric current to any
wiring, apparatus, or fixtures for a period of not exceeding 30 days, if in his opinion, that wiring,
apparatus, or fixtures are in a condition that current may be safely connected therewith, and there
exists an urgent necessity for such use, when written application is fried with him requesting
permission.
(2) The person or company requesting temporary electrical power shall sign an
affidavit stating that it is understood that the service is temporary and may be disconnected upon 48
9 ORD. NO. 54)3
hour notice at the expiration of the temporary period upon the request of the Building OffidaL The
Building Official may at his option extend the temporary power for an additional 30 day time period.
The Building Official shall have the authority to order the power company to disconnect its service
wires from any building, structure, lot, or prermses when the time period has expired.
Section 5. That Chapter 7, "Building Regulations", Article 7.2, "Electrical Code", Section
7.2.3, "Technical Requirements", of the Land Development Regulations of the Code of Ordinances
of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows:
Section 7.2.3 Technical Requirements:
Various Services:
(1) Approved rigid metal conduit or electrical metallic tubing required for certain
types of buildings. Approved galvanized rigid metal conduit, electrical metallic tubing, or approved
rigid nonmetallic conduit with metal detector strip shall be required, except as hereinafter provided,
for all wires used to conduct current for lights, heat, or power in the wiring of new buildings, the
rewiring of old buildings and in installation of new wiring in old buildings, or additions thereto,
within the fire districts of the City, as they now are, or may be hereafter established, and in
apartment houses to be occupied by three families or more, or where three or more dwelling units
are on the same lot; in churches, schools, hotels, theaters, public buildings, commercial buildings,
manufacturing establishments, unfinished basements, and all garages of three cars or more, public or
private, outside of the fire limits, but within the City limits.
(2) Service wires from the outside of buildings. Overhead service entrance
conductors must be installed in rigid metal conduit or as approved by the Electrical Inspector.
Direct buried service is permitted for Florida Power Utility Company. The direct buried service
shall be installed and maintained at a minimum depth of not closer than 24 inches to the surface of
the ground. This service shall be restricted to single-family and duplex dwellings only. All service
shall be installed, operated, and maintained by a public utility company or communication company.
No direct buried cable shall be installed under any construction unless in conduit and in
conformance with the National Electrical Safety Code. (Exception: aluminum conductors are
prohibited).
Section 6. That Chapter 7, "Building Regulations", Article 7.3, "Gas Code", Section 7.3.1,
10 ORD. NO. 5-03
"Adoption by Reference", of the Land Development Regulations of the Code of Ordinances of the
City of De[ray Beach, Florida, be and the same is hereby amended to read as follows:
.~..~ "~ .... a ~--a .... ~..~a-- .~:_..o ~...~.-~ ..... ~e 2001 Florida B~g Code - Fuel Gas Volme, as
amended, is hereby adopted as ~e Gas Code for ~e Ci~ of Dekay Beach.
Section 7. That Chapter 7, "Building Regulations", Article 7.5, "Mechanical Code", of the
Land Development Regulations of the Code of Ordinances of the City of De[ray Beach, Florida, be
and the same is hereby amended to read as follows:
ARTICLE 7.5 MECHANICAL CODE
Sec on 7. .1 o on Reference: e .................................... . ~
~ ............................. 2001 Florida ode - Mecha~cal Volme. as mended, is
hereby adopted as ~e Mechaffical Code for ~e Ci~ of Dekay Beach. except r ..... ~_ ~ n~,
............ s ............ .. gted cod~ ~,.~. a~s
Section 7.5.2 Amendments and Additions to Code:
(A) Work to be done by a licensed mechanical contractor holding a current Florida State
registered or certified mechanical license and registered by the City of Delray Beach, Florida.
O0 (B) Change-out permit fees. The provisions of Section 7.1.3, Building Code, S-abaccdc, n
1Oa,.7.1 regarding change-out permits, shall also be applicable to this chapter.
11 ORD. NO. 5-03
Section 8. That Chapter 7, "Building Regulations", Article 7.6, "Plumbing Code", 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:
ARTICLE 7.6 PLUMBING CODE
Section 7.6.1 Adoption By Reference: Thc ~...~
.... a_a u.. ,~_ r:-. 2001 Florida B~&e Code - Plmb~e Vol~e, as ~ended, is hereby
adopted as ~e Pl~b~g Code for ~e Ci~ of Dekay Beach. If a
Section 7.6.2 Amendments And Additions To Code: The following amendments and
additions are hereby made to the Plumbing Code adopted by this chapter:
Prohibited Traps
No trap which depends for its seal upon the action of movable parts shall be
used.
(b2_) Tubular traps less than 17 gauge are prohibited.
12 ORD. NO. 5-03
(B) Lawn Sprinklers:
(al_) Lawn sprinkler systems shall be equipped with an approved backflow preventer
on the discharge side of each of the last valves. The backflow preventer shall be at least six (6)
inches above the highest head, and at no time less than six (6) inches above the surrounding ground.
Where combination control valves and backflow preventers are installed, the bottom of the valve
shall constitute the bottom of the backflow preventer.
(d2..) All sprinkler systems shall also comply with the State sanitary code and any
current revisions.
(e3_) Sprinkler heads will be installed so that no water shall spray on a public street or
sidewalk. If after they are installed the plumbing inspector should find such a condition exists at any
time, the contractor who installed same, shall correct the condition after being notified by the
plumbing inspector.
(4) Refer to Section 4.6.16(F) for additional requirements.
Section 9. That Chapter 2, "Administrative Provisions", Article 2.4, "General Provisions",
Section 2.4.6, "Procedures for Obtaining Permits and Approvals", Subsection (B), "Building
13 ORD. NO. 54)3
Permits", 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 2.4.6
Procedures for Obtaining Permits and Approvals:
(B) Building Permits: A building permit is required for all items as set forth in the
StandArd 2001 Florida Building Code and Chapter 7 of these Land Development regulations, as
amended. A building permit shall be sought via application through the Building Department on an
application form as promulgated by the Chief Building Official. Prior to issuance of a building
permit, the Chief Building Official shall certify that the provisions of concurrency as set forth in the
City's Comprehensive Plan and by Section 3.1.103) is, or will be, appropriately met.
(1) Drawin~ and Specifications:
(a) All drawings and specifications shall bear. the appropriate seal of
en~tdneer or architect as required by State Statute Chapter 471 for engineers and State Statute
Chapter 481 for architects and Chapter 553 for threshold buildings.
(.2) Plot Dia~am:
(a) Before a building permit shall be issued, the building department
shall be .supplied with the following:
(i) Drawin~ to scale showing the location of the proposed
b~ilding or structure and existing building or structure on the site or lot. Building permit applicants
for developments having had either conditional use or site and development plan approval shall
.submit two copies of the approved site plan.
(ii.) A certified sketch prepared by a Florida re~stered land
surveyor or a Florida re~stered engineer, showing the boundary line survey of said lot or site and
existing building and/or structure, ff any.
(3) Permits:
(a) Work to be done by either a general contractor, residential contractor or
building contractor as appropriate, holding a current Florida State registration or certification and
re~stered with the City of Delray Beach, Florida. Nothing hereby shall prohibit homeowners from
doin~ this work in accordance with Section 7.1.1.
(4) Conditions of the Permit:
(a) The Building Official shall act upon an application for a permit with
plans as filed, or as amended, without unreasonable or unnecessary delay. A permit issued shall be
14 ORD. NO. 5-03
construed to be a license to proceed with the work and shall not be construed as authority to violate,
cancel, alter or set aside any of the provisions of this code, nor shall such issuance of a permit
prevent the Building Official from thereafter requiring a correction of errors in plans or in
construction, or .violations of this code. Any permit issued shall become invalid (1) unless the work
authorized shall have been commenced within six months after its issuance, or (2) if the work
authorized by such permit is suspended or abandoned for a period of six months after the time the
work is commenced.
(b) One or more extensions of time. for periods not exceeding 90 days
each, may be allowed in writing by the Chief Building Official, pursuant to I JF)R Section 2.4,4(F_).
(5) Schedule of Permit Fees:
(a) On all building, structures, or alterations requiring a building permit.
a fee for each building permit shall be paid a.s required at the time of filing application, in accordance
with the schedule as established herein.
(b.) For new buildings, the value of construction for the purposes of
calculating permit fees shall be established by the Building Department from re.co~mfized sources.
such as the latest e.dition of the Means Cost Estimating Publications
(c) For additions, remodeling, or partial contracts, the Building
Department will accept signed contracts between the owner and contractor as evidence of
construction costs or in lieu thereof will determine costs using Means Cost Estimating Publications.
(d) The permit, fees to be charged shall, be based upon the total cost of the
work being performed, including equipment, labor, and material costs requir, ed to complete the
work as illustrated by the permit drawings.
Section 10. That Chapter 2, "Admim'strative Provisions", Article 2.4, "General Provisions",
Section 2.4.6, "Procedures for Obtaining Permits and Approvals", Subsection (C), "Certificate of
Occupancy", of the Land Development Regulations of the Code of Ordinances of the City of
De[ray Beach, Florida, be and the same is hereby amended to read as follows:
Section 2.4.6
Procedures for Obtaining Permits and Approvals:
(C) Certificate of Occupancy: A Certificate of Occupancy is required prior to the
establishment of use on any site or occupancy of a structure. An occupancy permit shall be sought
via application through the Building Department on an application form as promulgated by the
Chief Building Official. Prior to issuance of an occupancy permit, the Chief Building Official shall
certify that all conditions of approval affixed to an associated development approval and provisions
of the Standard 2001 Florida Building Code and Chapter 7 of the Land Development Regulations.
15 ORD. NO. 5-03
as amended, are met. A certificate of occupancy will not be issued for any building or structure or
portion thereof which fails to meet all applicable, development standards and zoning requirements.
A conditional Certificate of Occupancy may be issued when all conditions of development
or permit approval .....
r ......... are not met but the Chief Building Official has assurance, to his
satisfaction, that they will be met and that occupancy :~ a'.:ch a manner will not present a danger to
the public's health, safety, or general welfare. A failure to comply with conditions as imposed by the
Chief Building Official shall be cause for vacation of use or the structure.
Section 11. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental
Management Districts", Section 4.5.4, "Coastal Construction", Subsection (C), "Developmental
Regulations", Paragraph 0), "Structural Requirements", of the Land Development Regulations of
the Code of Ordinances of the City of De[ray Beach, Florida, be and the same is hereby amended to
read as follows:
Section 4.5.4
Coastal Construction:
Section 4.5.4(C)
Development Regulations:
(3) Structural Requirements:
(a) Design and Construction: Major structures, except for mobile homes, shall be
designed and constructed in accordance with 2001 Florida Building Code, as
d d ppli bl fed al d .~ ~nc _r.uA ~nor.
amende , an a ca e er an state agencies.
Section 12. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental
Management Districts", Section 4.5.4, "Coastal Construction", Subsection (C), "Developmental
Regulations", Paragraph (4), 'Welocity Pressure", of the Land Development Regulations of the Code
of Ordinances of the City of De[ray Beach, Florida, be and the same is hereby amended to read as
follows:
16 ORD. NO. 5-03
c~ ~nn 47- ~
190 299 ~. ~:~
290 309 ~ ~
Ann ~nn ~ ~
Section 13. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 14. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
17 ORD. NO. 5-03
Section 15. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2003.
ATYEST
MAYOR
City Clerk
First Reading
Second Reading
18 ORD. NO. 5-03
CITY OF DELnnv BEFII:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
MEMORANDUM
1993 DATE: March 25, 2003
TO: City Commission
David Harden, City Manager
Writer's Direct Line: 561/243-7091
FROM:
SUBJECT:
Susan A. Ruby, City Attorney
Ordinance Further Defininq Hazardous Materials
Fire Chief, Kerry Koen, asked me to review the City's emergency preparedness
ordinance, and in particular, the hazardous materials emergency section.
The attached ordinance makes it clear that a hazardous materials incident
emergency includes, among other events, chemical, radiological or biological
spills, releases or exposures.
Please place
consideration.
SAR:ci
this ordinance on the next City Commission agenda for
Attachment
Cc:
Chief Kerry Koen, Delray Beach Fire Department
Chief Larry Schroeder, Delray Beach Police Department
ORDINANCE NO. _.~_-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95,
"EMERGENCY MANAGEMENT", SECTION 95.10, "FIRE AND
HAZARDOUS MATERIALS EMERGENCIES", TO CLARIFY THE
DEFINITION OF HAZARDOUS MATERIALS, PROVIDING A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its
ordinance on Emergency Management, clarifyin, g its description of hazardous materials by
including biological and chemical spills, releases or exposures or other actual or potential
occurrences which pose an unreasonable risk to health, safety and property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the Code of Ordinances, Chapter 95, Section 95.10, "Fire and
Hazardous Materials Emergencies" is hereby amended to read as follows:
Section 95.10 FIRE AND HAZARDOUS MATERIALS EMERGENCIES
(A) A public emergency may be declared because of fire or a hazardous materials
incident emergency when the Fire Chief, or if unavailable, the next highest ranking officer in the
Fire Department chain of command, certifies to the City Manager (or, if unavailable, the Acting
City Manager) that an actual or potential condition arising from fire, explosion, chemical
radioloqical or bioloqical spill, e¢ release or exposure, building or bridge collapse, or plane, train,
or other vehicle accident, or other actual or potential occurrences which pose an unreasonable
risk to health, safety and property, which requires extraordinary measures for control, including,
but not limited to calling out of off-duty and reserve personnel; assistance by outside agencies;
evacuation; and other like actions. The City Manager, or if unavailable, the Acting City Manager,
shall report said certification to the officials, in the order named in Section 95.05 regarding the
need to declare a state of emergency. Pursuant to Section 95.05, a declaration of emergency
may then issue.
(B) Declaration of a public emergency because of fire and hazardous material
emergency shall authorize the issuance of emergency resolutions A, B, C, D, E, G and H, and
other appropriate resolutions, as may be required.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
1 ORD. NO.
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2003.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
2 ORD. NO.