04-04-95 APRIL 4, 1995
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Thomas E.
Lynch in the Commission Chambers at City Hall at 6:05 P.M.,
Tuesday, April 4, 1995.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner Barbara Smith
Mayor Thomas E. Lynch
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend 'Tim
Woodard, Church of the Palms.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Lynch noted the addition of Item 9.L., EAST
ATLANTIC AVENUE TRAFFIC MAINTENANCE PLAN, to the agenda by adden-
dum.
The City Manager requested that Item 9.D., APPEAL OF
SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/BANDANA CABANAS,
and Item 9.E., RESOLUTION NO. 11-95 (ACOUISITION OF MONTEREY
HOUSE) AND LEASE AGREEMENT WITH HISTORIC PALM BEACH COUNTY, INC.,
of the Regular Agenda, be postponed until the Regular Meeting of
April 18, 1995.
Mr. Randolph moved to approve the agenda as amended,
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes. Said motion
passed with a 5 to 0 vote.
5. Approval of Minutes:
Mr. Ellingsworth moved to approve the Minutes of the
Special Meeting of March 14, 1995, and the Special Meeting of
March 23, 1995, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran-
dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin -
Yes. Said motion passed with a 5 to 0 vote.
6. Proclamations:
6.A. Delray Affair - April 21 through 23, 1995
Mayor Lynch presented a proclamation recognizing April
21-23, 1995, as the 32nd Annual Delray Affair in Delray Beach,
Florida.
6.B. Children's Day - April 12, 1995
Commissioner Smith read a proclamation recognizing
Wednesday, April 12, 1995, as Children's Day during a celebration
at Pompey Park in Delray Beach. Mayor Lynch presented the proc-
lamation to K. Lee Tirpak. She came forward to accept the proc-
lamation and invited those interested to attend this event at
Pompey Park on April 12, 1995, from 10:00 a.m. until 1:00 p.m.
6.C. Child Abuse Awareness Month - April 1995
Mayor Lynch presented a proclamation recognizing April,
1995, as IOF Foresters Child Abuse Awareness Month in Deiray
Beach, Florida.
6.D. City of Delray Beach, Florida, Community Development
Week - April 10 through 16, 1995
Mayor Lynch read and presented a proclamation recogniz-
ing April 10-16, 1995, as the City of Delray Beach, Florida
Community Development Week. Lula Butler, Director of Community
Improvement, came forward to accept the proclamation and invited
the public to attend the Needs Assessment Meeting on March 6,
1995, being held at Pompey Park.
6.E. Building Safety Week - April 9 through 15, 1995
Commissioner Randolph read a proclamation recognizing
the week of April 9-15, 1995, as Building Safety Week in the City
of Delray Beach, Florida. Mayor Lynch presented this proclama-
tion to Jerry Sanzone, Building & Insp., Adm/CBO, who came for-
ward to accept the proclamation. The City Manager stated the
City received an award from the Building Official at Palm Beach
County recognizing Jerry Sanzone as Building Official of the
Year, and recognizing the Building department for their outstand-
ing customer service.
6.F. Days of Remembrance of the Holocaust - April 23 thru
30, 1995
Mayor Lynch presented a proclamation recognizing the
week of April 23-30, 1995, as Days of Remembrance of the Holo-
caust in Delray Beach, Florida.
7. Presentations:
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7.A. Delra¥ Beach Center for TechnolocuF, Enterprise and
Development (TED) Annual Report.
Sherri Johnson explained that she works with the Commu-
nity Redevelopment Agency (CRA) providing technical assistance to
nonprofit housing sponsors; one of which is the Delray Beach
Center for Technology, Enterprise and Development (TED). She
distributed copies of the TED Center Annual Report to the Commis-
sion for 1993-94 (a copy of which is attached hereto and incorpo-
rated herein as an official part of the minutes).
8. CONSENT AGENDA: City Manager recommends approval.
8.A. LANDSCAPE WAIVER FOR SHELL GASOLINE STATION: Approve a
request for a waiver from LDR Section 4.6.16(H) (3) (a) and (h) to
reduce the required number of trees for the Shell Gasoline Sta-
tion located at the southeast corner of Atlantic Avenue and
Congress Avenue, based upon positive findings.
8.B. FINAL PLAT/FLORIDA POWER AND LIGHT LAKE IDA SUBSTATION:
Approve the final plat for the Florida Power and Light Lake Ida
Substation. The subject property is located south of Lake Ida
Road on the west side of the CSX Railroad right-of-way.
8.C. FINAL PAYMENT/INSITUFORM SOUTHEAST, INC.: Approve
final payment in the amount of $12,724.50, with a net closeout
deduct of $11,866.30, to Insituform Southeast, Inc. for comple-
tion of Phase I of the City's inflow and infiltration reduction
program on the barrier island. Funding is available from Renewal
and Replacement - Manhole Rehabilitation (Account No.
442-5178-536- 61.84).
8.D. RATIFICATION OF APPOINTMENT/KIDS AND COPS COMMITTEE:
Ratify the appointment of Alyson H. Alperin as Atlantic High
School Student Council representative to the Kids and Cops Com-
mittee.
8.E. RESOLUTION NO. 29-95: Adopt a resolution opposing
recommendations in President Clinton's 1996 budget request which
would remove federal participation in water projects, including
beach nourishment projects, which are not "nationally signifi-
cant''; recommending that the current federal criteria for partic-
ipation and cost-sharing be retained, and opposing any future
legislation to eliminate or reduce federal participation in such
projects.
The caption of Resolution No. 29-95 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, OPPOSING
RECOMMENDATIONS IN THE PRESIDENT'S FISCAL
YEAR 1996 BUDGET REQUEST WHICH WOULD REMOVE
FEDERAL PARTICIPATION IN WATER PROJECTS,
INCLUDING BEACH NOURISHMENT PROJECTS, WHICH
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ARE NOT "NATIONALLY SIGNIFICANT";
RECOMMENDING THAT THE CURRENT FEDERAL
CRITERIA FOR PARTICIPATION AND COST-SHARING
BE RETAINED, AND OPPOSING ANY FUTURE
LEGISLATION WHICH MAY ELIMINATE OR REDUCE
FEDERAL PARTICIPATION IN SUCH PROJECTS.
(Copy of Resolution No. 29-95 is on file in the offi-
cial Resolution Book)
8.F. RESOLUTION NO. 24-95: Approve a resolution assessing
costs for abatement action required to board up an unsafe struc-
ture at 315 S.W. 3rd Street.
The caption of Resolution No. 24-95 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 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 EFFEC-
TIVE 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.
(Copy of Resolution No. 24-95 is on file in the offi-
cial Resolution Book)
8.G. RESOLUTION NO. 27-95: Approve a resolution assessing
costs for abatement action required to remove nuisances on 23
properties throughout the City.
The caption of Resolution No. 27-95 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT-
ED WITHIN THE CITY OF DELRAY BEACH AND PRO-
VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY
THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATE-
MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON
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ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS.
(Copy of Resolution No. 27-95 is on file in the offi-
cial Resolution Book)
8.H. AWARD OF BIDS AND CONTRACTS:
1. Bid Award - Molloy Brothers, Inc. for paving,
drainage and sanitary sewer projects at NE 2nd
St., Beverly Dr., SW 4th Ave. & SW 1st St., and E-
agle Road, in the amount of $273,577. Funding of
$89,579.50 is available from Utility (448-5411-53-
8-62.48), $45,060.50 from (62.47}, $72,765.50 from
(62.39), $25,406.50 from (62.40); and $40,765 from
Renewal/Replacement- Sewer Mains (442-5178-536-63-
.51) through budget transfer from Renewal/Replace-
ment-Other Repair/Maintenance (46.90).
2. Bid Award - one year renewal with Kent Meters,
Inc. for purchase of small displacement water
meters at an estimated annual cost of $51,430.00
via Broward County Bid #C-07-93-27-12; with
funding from Renewal and Replacement - Water Meter
Replacement Program (Account No. 442-5178-
536-52.31) through budget transfer from Project
Reserve Account No. (442-5178-536-99.01).
3. Bid Award - to Intercounty Engineering, Inc. for
construction of Lift Station 59E to serve School
Site "S" and a portion of Bloods Groves, with
funding in the amount of $179,544 from W&S -
Connection Fees (Account No. 441-5181-536-69.15)
through budget transfer from Project Reserve
(Account No. 441-5181-536-99.01).
4. Bid Award - to Hardrives of Delray for entrance
road and intersection improvements at School Site
"S", with funding in the amount of $216,225 from
Road Construction (Account No.
334-3162-541-63.13), including $28,100 budget
transfer from Street Resurfacing/Reconstruction
(Account No. 334-3162-541-61.17).
Mr. Ellingsworth moved to approve the Consent Agenda,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith -
Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
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9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Consider accepting the actions and decisions made by the Planning
and Zoning Board and the Site Plan Review and Appearance Board
during the period March 20 through March 31, 1995.
Dr. Alperin moved to receive and file the report,
seconded by Mrs. Smith. Upon roll call the Commission voted as
follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/ WATERWAY EAST RESTAURANT: Consider an appeal of the
Site Plan Review and Appearance Board's approval of a major site
plan modification for Waterway East Restaurant, a proposed
addition at the existing Waterway East shopping center at the
southwest corner of East Atlantic Avenue and Venetian Drive,
adjacent to the Intracoastal Waterway.
Mrs. Smith stepped down.
The City Attorney stated this item will be conducted as
a Quasi-Judicial Hearing.
Susan Maloney, notary representing the City Clerk's
office, swore in those individuals who wished to give testimony
on this item.
Diane Dominguez, Planning Director, entered all the
Planning and Zoning documents that are contained in the file for
this project into the record (copies of which are attached hereto
and incorporated herein as an official part of the minutes).
Ms. Dominguez explained this is an appeal of a decision
by the Site Plan Review and Appearance Board (SPRAB) approving a
site plan for the Waterway East Restaurant which is to be located
within the Waterway East Shopping Plaza located at the south side
of Atlantic Avenue, east of Intracoastal waterway. She stated a
detailed analysis of the proposal is included in the Planning and
Zoning Staff Report and noted the major issue with this proposal
has been compatibility which is the basis of this appeal.
Section 2.4.5(F) (5) of the Land Development Regulations addresses
the issue of compatibility.
During the March 15, 1995, SPRAB hearing on this item,
the Board considered the concerns of the residents in the area
regarding potential noise. The Board responded by requiring that
the height of the wall be at eight feet instead of the proposed
six feet and by requiring that 30% of the glass panels in the
patio area be fixed to help mitigate some of the noise. Some of
the residents suggested that this building plan be flipped with
the service area on the north end of the restaurant instead of at
the south end. Ms. Dominguez stated there are some problems with
this suggestion. One, if the building plan was flipped, it would
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have the effect of bringing the actual restaurant closer to the
residential area creating a higher potential for noise from the
dining area. The service area will be used mainly during the day
time whereas the restaurant will be busier at night so the
existing plan provides more protection to the residents. SPRAB
did not support flipping the building plan. Second, another
issue mentioned was the location of the dumpsters. Currently,
there are two unenclosed dumpsters at the proposed location which
serve the plaza itself. This proposal would provide a walled
enclosure and add a third dumpster for the restaurant. Garbage
will be periodically carted from the restaurant to this dumpster.
This location is adjacent to the end of MacFarlane Drive and
other dumpsters are located there which serve the condominiums.
Ms. Dominguez feels the appearance of the dumpsters will be
greatly improved by the enclosure itself. After considering all
the issues, SPRAB voted 5 to 0 to approve the site plan subject
to conditions as listed on page four of the City Commission
documentation for this item.
On March 21, 1995, the City Commission approved the
elevations for this structure which incorporated the condition
regarding the 30% fixed glass panels. On March 22, 1995, SPRAB
approved the landscape plan which included the eight foot high
wall and required that the trees be eighteen feet in height at
the time of installation. The appeal letter from The Bar Harbour
Apartments, Inc. dated March 21, 1995 (a copy of which is
attached hereto and incorporated herein as an official part of
the minutes) states that the SPRAB approval should be reversed
because a restaurant will involve evening hours of operation,
noise from garbage trucks, workers coming and going, and people
slamming doors and starting engines. She stated the CBD zoning
district is emphasized in the Comprehensive Plan as an area where
revitalization is encouraged; Policy C-4.1 of the Future Land Use
Element, states within the CBD zoning district mixed use
development and outdoor cafes will be encouraged. The purpose
and intent of the CBD zoning district Section 4.4.13(A) of the
LDRs, states that one intention is to provide for the stimulation
and enhancement of the vitality and economic growth of this
special area. She further stated ordinances are in place to
mitigate noise impacts and many of the compatibility concerns
have been addressed with review of the site plan. At this time,
staff recommends that the approval of the site plan by SPRAB be
upheld based upon positive findings with respect to applicable
sections of the LDRs and policies of the Comprehensive Plan and
subject to the conditions as stated on page four of the City
Commission documentation for this item.
Susan Maloney, notary representing the City Clerk's
office, swore in Michael Weiner, attorney, who is representing
The Bar Harbour Apartments, Inc., as well as Mr. Palombo, Mr.
Randall, and Mr. Pfaff.
The following individuals spoke in opposition:
7 4/4/95
Frank Palombo, 86 MacFarlane Drive, expressed concern
over the noise, pollution, and parking problems the City may
encounter if the proposed restaurant is approved. He suggested
that considerations be given to the following proposals and
recommendations: (1) serving food until 9:00 or 9:30 p.m and
closing at 11:00 p.m., (2) the proposed open terrace with
retractable windows be fully enclosed, (3) reverse the building
so that the kitchen and loading dock are located on the north
side rather than the south side, (4) the garbage dumpsters be
moved, and (5) install scrubbers. Mr. Palombo feels these
recommendations from The Bar Harbour Apartments, Inc. are
feasible and reasonable.
Raymond V. Randall, 86 MacFarlane Drive, stated the
residents of Bar Harbour, Miramar apartments, and adjacent
residencies are concerned about the parking and traffic problems
this proposed restaurant will engender. Mr. Randall urged the
City Commission to take steps to ensure that the overflow of
parking shall never encroach upon the properties of Bar Harbour,
Miramar apartments, or adjacent residents and that the City
Commission will ensure an orderly flow of traffic along Venetian
Drive. He feels these prerequisites are essential for the
continued tranquility and quality of living that the residents in
this area have come to expect and currently enjoy.
Georqe O. Pfaff, 86 MacFarlane Drive, expressed concern
regarding the proposed development of the Waterway East
Restaurant and the effect it may have on the depreciation of
property values. He stated residents intend to do everything
they can to maintain the quality residential environment to which
Delray Beach is well known.
Michael Weiner, attorney, distributed booklets to the
Commission and entered the information contained into the record
(a copy of which is attached hereto and incorporated herein as an
official part of the minutes). He used the material contained in
the booklets to assist in his presentation. Mr. Weiner
reiterated that the people of Bar Harbour Apartments have
proposed the following: (1) the terrace be fully enclosed, (2)
the garbage dumpsters be moved, (3) the kitchen be switched to
the north side, (4) limit the hours of activities, (5)
increase the wall height, and (6) ban the outdoor entertainment.
Susan Maloney, notary representing the City Clerk's
office, swore in Mr. Tom Blum, the applicant.
Paul Slattery, architect, pointed out that over the
past few months he has worked with staff to make sure all Land
Use Regulations and Zoning Regulations have been met. He stated
there are several concessions made based on the initial meeting
with the condominium and based upon SPRAB's request. The first
issue he addressed is that originally there was no wall; it was a
landscape buffer. A six foot high wall was added and increased
to an eight foot wall. The second issue is the landscaping.
8 4/4/95
Subsequent to the SPRAB meeting, the landscape architect modified
the landscape along that buffer (south side adjacent to
properties) to increase the canopy trees, hedging, and
landscaping to additionally buffer them from the restaurant area.
The third issue is the operable glass. Essentially his staff
offered to decrease the operable glass by approximately one
third; now only 70% of the glass is operable at the rear of the
building. The fourth issue is the location of the service area.
After 4:00 a.m. deliveries do not occur so noise will not be
generated. If the building was flipped, it would come from a
setback along the south side of 25 feet down to 10 feet which
would be decreasing the setback 60-70%. Lastly, Mr. Slattery
stated a blues club such as The Backroom should not be compared
to an upscale restaurant such as the Waterway East Restaurant.
At this point, the Commission asked questions of the
applicant.
Mayor Lynch asked Mr. Slattery if the location of the
dumpster is enclosed? In response, Mr. Slattery stated currently
the dumpsters are located in the parking lot with no enclosure.
Mr. Slattery stated in addition to providing a concrete block and
stocco enclosure around all the dumpsters, additional landscaping
and complete site improvements will be provided to further
enhance the entire site.
Mayor Lynch asked how often will the dumpster be picked
up? Mr. Tom Blum, the applicant, stated the dumpsters are picked
up daily. Mayor Lynch stated the condominium Board also had a
concern with washing out of the cans in the delivery area and
inquired whether this issue has been addressed. Mr. Blum stated
in the delivery area there will be a can wash because it is
required by the Health Department. Mr. Blum further stated this
delivery area will be totally enclosed by a wall and there will
be another eight foot wall to the outside of that wall. Mayor
Lynch inquired about the canopy and Mr. Blum stated there will be
a canvas canopy over the service area. Mayor Lynch further
inquired if the fixed glass is on the north and south side of the
building. In response, Mr. Blum stated the north and south side
of the building is all fixed glass and the west side is one third
fixed glass with the ability to open two out of three sliding
doors.
Mr. Randolph inquired about the evening noise. He
asked Mr. Blum what the days and hours will be of the proposed
times that bands will be playing that could possibly produce
additional noise and be heard through the patio doors? Mr. Blum
stated all the entertainment will be indoors, not outside. He
further stated that he will comply with the noise ordinance as it
is written.
Dr. Alperin stated he would like clarification
regarding the opening doors on the west side of the restaurant,
and asked Mr. Blum if these doors will be opened to a patio area
9 4/4/95
not to the inside of the restaurant? Mr. Slattery stated in the
original designs they had contemplated an open patio with some
type of enclosure; however, since then, the designs have been
modified. All dining rooms as seen on the plan (dining room 1,
2, & 3) is one main space so if this area is opened, the entire
restaurant is open.
Mr. Ellingsworth expressed concern over the hours of
operation. Mr. Ellingsworth asked Mr. Blum how would this effect
the operation if the hours were limited? Mr. Blum stated he
would like the ability to keep the restaurant open as long as the
law permits.
The following individual spoke in support of the
proposed Waterway East Restaurant:
Chris Brown, Director of the Community Redevelopment
Agency (CRA), stated the Board of Commissioners of the .CRA
reviewed this plan and unanimously sent their recommendation to
SPRAB for approval. He stated this type of project exudes
quality and feels to inhibit an operator for his hours of
operation would be a step backwards in redevelopment. He feels
this is an opportunity for Delray Beach to be known as an
"Intracoastal Restaurant City" Mr. Brown stated the advent of
this restaurant will begin to attract more people to the downtown
area and overall is a step toward economic development.
Susan Maloney, notary representing the City Clerk's
office, swore in those individuals in opposition.
The following individuals spoke in opposition:
John Hughes, 60 Venetian Drive, stated 90% of the
owners in Miramar Garden Apartments signed a proposal in
opposition of this proposed restaurant. He stated residents are
concerned with parking congestion and traffic. The proposed
restaurant seating capacity holds 180 people while Ernie's
seating capacity holds 140 people; 29% more capacity for this
restaurant with 16% less parking then what Ernie's has per
business spaces. He feels the City should re-examine the sitting
parking requirements. Mr. Hughes further stated that the owners
of Miramar Garden Apartments are asking the City to require that
plans be modified to minimize air pollution and noise by the
following: (1) requiring for outside sliding doors to be closed
if music is playing in the restaurant, (2) relocating the
kitchen to the north side so food orders are exhausted away from
residences, and (3) relocating garbage and recycle disposal
closer to the restaurant and further away from the residents.
Aleida Riley, Chairman of the Palm Square Marine Way
Homeowners Association, expressed concern regarding the noise
throughout the marina historic district that may result with the
proposed restaurant being 70% open on the Intracoastal.
Presently, she stated manatees, birds, fish, crabs, mangroves,
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and pelicans live in this area. Ms. Riley suggested instead of
digging all this out and installing a seawall, staff may want to
consider putting in more rocks to keep the natural environment
for some of these protected species.
At this point, staff asked questions of the applicant.
Diane Dominguez asked Mr. Blum for clarification
regarding the installation of a canopy over the service area.
Ms. Dominguez stated this canopy is not indicated on the site
plan. In response, Mr. Blum clarified that there will be a
canvas canopy installed over the service area.
Michael Weiner, attorney, presented the Commission with
his closing statement.
Paul Slattery, architect, presented the Commission with
his closing statement.
Discussion followed by the Commission.
Mr. Ellingsworth asked the City Attorney if the City
has a public nuisance ordinance? In response, the City Attorney
stated there is a public nuisance statute which states if
something has such an unpleasant order, it could possibly rise to
the level of being a nuisance. Mr. Ellingsworth asked if the
noise ordinance is sufficient to cover anything that would be
disturbing to the property owners? The City Attorney stated the
noise ordinance is sufficient.
Mr. Randolph asked the owner or the architect to
explain their opposition of flipping the restaurant. Mr.
Slattery, architect, stated during the initial planning, the
possibility of putting the service area on the north side of the
building was explored; however, the main problem planning this
was the access to the service area. He stated the access to the
service area should be as easy as possible. Additionally, Mr.
Randolph asked Mr. Slattery what the height of the wall will be?
In response, Mr. Slattery stated the wall will be an eight foot
solid concrete block with a stucco finish, running from the
southwest corner close to the dumpster area.
Dr. Alperin feels these people who are investing all
their time, money, and effort into this restaurant are not going
to take the chance on losing their business because of a sound
ordinance violation. He assumes if enough people complain that
there is too much noise, then they will have to pay the
consequences. Therefore, he feels the ordinance works if people
complain. Dr. Alperin does not see the significant advantage of
flipping the restaurant. He feels disappointed that the design
of the restaurant had to change because he feels an outside patio
sounds very appealing and would have improved the appearance and
atmosphere of the restaurant.
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Mayor Lynch stated based on what has been presented, he
supports the decision of the Site Plan Review and Appearance
Board.
The City Manager commented on noise ordinance
violations and stated if the Police department has a problem
getting compliance, an officer will inform the musician(s) that
they may be subject to arrest and their equipment will be
impounded and held as evidence. He further stated the Police
department feels this method to be very effective.
Dr. Alperin moved to uphold the Site Plan Review and
Appearance Board's decision and approve the major site plan
modification for the Waterway East Restaurant based on the
positive findings with respect to Chapter 3, Performance
Standards in Section 2.4.5(F) (5), Compatibility of the Land
Development Regulations in the Policies of the Comprehensive Plan
subject to the conditions; and in addition to the covering of the
service area as mentioned, and the north and south porch
enclosures; and the other conditions are listed as the
recommended action on page four of the Planning and Zoning Staff
Report including findings of fact as contained in the Staff
Report, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed
with a 4 to 0 vote.
Mrs. Smith returned to the dais.
At this point, the time being 7:45 p.m., the Commission
moved to the duly advertised Public Hearings portion of the Agen-
da.
10. PUBLIC HEARINGS:
10.A. REQUEST FOR WAIVER/150 MARINE WAY: Consider a request
to waive the provisions of Section 4.1.4(C) "Use of Lots of
Record" to allow construction of a single family residence on a
nonconforming lot of record. Prior to consideration of granting
a waiver from LDR Section 4.1.4(C) for Lot 13, a public hearing
has been scheduled to be held at this time.
Diane Dominguez stated this is a request for a waiver
from the LDR Section 4.1.4(C), for Lot 13 in order to allow a
single family home to be constructed. She stated there was a
situation in a Lake Ida neighborhood where the owner of three
substandard lots was permitted to build a single family home on
each of these lots. Section 4.1.4(C) of the LDRs states that in
residential zoning districts other than R-i-A, if two or more
adjoining lots of record are under the same ownership they shall
not be developed except in accordance with the minimum frontage
and area requirements of the district. Given the size of the
combined properties, the owner would be permitted to seek
approval to demolish the existing historic house and build up to
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six units on the three lots; however, the owner would like to
preserve an existing historic home and build another single
family home on the adjacent lot. The Historic Preservation Board
formally reviewed this item at its meeting of March 15, 1995, and
based on positive findings to Section 2.4.7(B) (5), voted 7-0 to
recommend that the Commission grant the waiver.
Assistant City Attorney Tolces read the caption of the
ordinance. A public hearing was held having been legally
advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida. The public
hearing was closed.
Mr. Ellingsworth moved to grant a waiver from Section
4.1.4. (C) from Lot 13 to build a single family home, seconded by
Mr. Randolph. Upon roll call the Commission voted as follows:
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes;
Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a
5 to 0 vote.
10.B. ORDINANCE NO. 20-95: FIRST READING of an ordinance
amending the LDRs to allow home occupations as a permitted acces-
sory use in all of the R-1 Single Family Residential zoning
districts. If passed, the second required public hearing will be
held on April 18, 1995.
The City Manager presented Ordinance No. 20-95:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL
(R-l) DISTRICTS" SUBSECTION 4.4.3(C), "AC-
CESSORY USES AN~ STRUCTURES PERMITTED", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING SUB-
PARAGRAPH 4.4.3(C) (2) TO ALLOW HOME OCCUPA-
TIONS AS AN ACCESSORY USE WITHIN ALL SINGLE
FAMILY ZONING DISTRICTS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 20-95 is on file in the official
Ordinance Book)
Assistant City Attorney Tolces read the caption of the
ordinance. A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida. The public hearing
was closed.
Dr. Alperin moved to approve Ordinance No. 20-95 on
FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com-
mission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes.
-13 - 4/4/95
Said motion passed with a 5 to 0 vote. The second of two re-
quired public hearings will be held on April 18, 1995.
10.C. ORDINANC~ NO. 18-95: An ordinance amending all penal-
ties in the City Code of Ordinances to comply with State law.
Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at
this time.
The City Manager presented Ordinance No. 18-95:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AMENDING CHAP-
TER 10, "GENERAL PROVISIONS", SECTION 10.99,
"GENERAL PENALTY"; CHAPTER 52, "WATER",
SUBSECTION 52.99(A); CHAPTER 54, "SEWERS",
SECTION 54.99; CHAPTER 90, "ABANDONED PROPER-
TY; JUNKYARDS" SECTION 90.99; CHAPTER 91,
"ANIMALS", SECTION 91.99; CHAPTER 92, "BOATS
AND BOATING", SECTION 92.99; CHAPTER 95,
"EMERGENCY MANAGEMENT", SECTION 95.99; CHAP-
TER 96, "FIRE SAFETY AND EMERGENCY SERVICES",
SECTION 96.99; CHAPTER 97, "HEALTH AND SAFE-
TY'', SECTION 97.99; CHAPTER 98, "LITTER",
SECTION 98.99; CHAPTER 99, "NOISE CONTROL",
SUBSECTION 99.99(A); CHAPTER 100, NUISANCES",
SECTION 100.99; CHAPTER 101, "PARKS, BEACHES
AND RECREATION", SECTION 101.99; CHAPTER 102,
"STREETS AND SIDEWALKS", SECTION 102.99;
CHAPTER 110, "OCCUPATIONAL LICENSE GENERAL-
LY'', SECTION 110.99; CHAPTER 111, "ADVERTIS-
ING'', SECTION 111.99; CHAPTER 112, "ALARM
SYSTEMS", SECTION 112.99; CHAPTER 113, "ALCO-
HOLIC BEVERAGES", SECTION 113.99; CHAPTER
115, "AUCTIONS AND AUCTIONEERS", SECTION
115.99; CHAPTER 118, "SOLICITORS AND PED-
DLERS'', SUBSECTION 118.99(A); CHAPTER 119,
"VEHICLES FOR HIRE", SECTION 119.99; CHAPTER
130, "GENERAL PROVISIONS", SECTION 130.99;
CHAPTER 150, "DOCKS, DOLPHINS, FINGER PIERS,
AND BOAT LIFTS", SUBSECTION 150.99(A); LAND
DEVELOPMENT REGULATION SUBSECTION 1.4.4(A),
KNOWN COLLECTIVELY AS PENALTY PROVISIONS, TO
PROVIDE A PENALTY IN CONFORMANCE WITH FLORIDA
LAW; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 18-95 is on file in the official
Ordinance Book)
Assistant City Attorney Tolces read the caption of the
ordinance. A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
-14- 4/4/95
Charter of the City of Delray Beach, Florida. The public hearing
was closed.
Mrs. Smith moved to adopt Ordinance No. 18-95 on Second
and FINAL Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran-
dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin -
Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 19-95: An ordinance amending Chapter 32
of the City Code regarding attendance policy and removal proce-
dures for members of advisory boards and committees. Prior to
consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this
time.
The City Manager presented Ordinance No. 19-95:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMIS-
SIONS'', OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, BE REPEALING SUBHEADING
"REMOVAL OF MUNICIPAL BOARD OR COMMISSION
MEMBERS", SECTIONS 32.15 THROUGH 32.19,
INCLUSIVE, IN ITS ENTIRETY, AND ENACTING A
NEW SUBHEADING, "REMOVAL OF MUNICIPAL BOARD,
COMMITTEE OR COMMISSION MEMBERS", SECTIONS
32.15 THROUGH 32.20, INCLUSIVE, TO CLARIFY
PROCEDURES FOR REMOVAL OF MEMBERS FROM ADVI-
SORY BOARDS, COMMITTEES OR COMMISSIONS;
AMENDING SECTION 2.2o1(F), "REMOVAL OF MEM-
BERS; VACANCIES", OF THE LAND DEVELOPMENT
REGULATIONS TO PROVIDE THAT REMOVAL OF MEM-
BERS FROM A BOARD SHALL BE PURSUANT TO THE
PROVISIONS OF CHAPTER 32; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 19-95 is on file in the official
Ordinance Book)
Assistant City Attorney Tolces read the caption of the
ordinance. A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida. The public hearing
was closed.
Mr. Randolph moved to adopt Ordinance No. 19-95 on
Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
-15- 4~4~95
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 commented on the complaint he received
regarding the unsightly appearance of Atlantic Avenue on the
Sunday after the St. Patrick's Day Parade. He stated
arrangements were made for the clean up of the Atlantic Avenue;
however, the clean up was not completed until Monday. The City
will work with the sponsors of the parade next year to require a
deposit or some other means to ensure that the street is cleaned
up in a timely fashion.
The City Manager also stated he received a complaint
from Mr. Keith Jones who complained about the fence constructed
around the perimeter of the lot adjacent to him. Lula Butler,
Director of Community Improvement, visited Mr. Jones at his home
on March 24, 1995. Mr. Jones stated he did not wish to pursue
the matter any further after understanding the fence is within
code; however, he felt the Commission should consider amending
the LDRs to reduce the height for front yard fences to prevent
this from occurring in other areas of the City.
ll.B. From the Public.
ll.B.1. Jerry Marshall, resident of Woodlake and Chairman of
the SAC (School Advisory Council) at the new Delray Full Service
Center, requested that the Commission write a letter to Lawrence
G. Zabik, Assistant Superintendent of Support Services/Palm Beach
County School Board, with copies to all of the School Board
members, asking them to expedite any repairs that are made on the
school's property. Mr. Marshall stated this is needed so when
school re-opens in the fall, the center can be fully operational.
He also stated several buildings need a tremendous amount of work
and even though money is appropriated, nothing seems to be
happening.
Mayor Lynch directed Dr. Alperin to work with Robert
Barcinski and draft a letter to Lawrence G. Zabik along with all
School Board members.
Dr. Alperin agreed with Mr. Marshall and stated if
there is funding available for this project, the money should be
used soon.
ll.B.2. Virginia Snyder, 38 South Swinton Avenue, informed
Commission of her attendance to the Annual Convention of "PEACE"
(People Engaged In Active Community Efforts) held in West Palm
Beach. Ms. Snyder stated a number of officials from the City and
the County attended the meeting along with a representative from
Barnett Bank who signed an agreement with "PEACE" providing for
$19,000,000 over the next three years for iow and moderate income
-16- 4/4/95
housing for mortgages. Out of 550 people in attendance, 150
people had signed up for the mortgages and approximately three
days later, "PEACE" had another agreement signed with the First
Federal Bank of the Palm Beaches who agreed to provide
$15,000,000 for mortgages. She urged Commission to have staff
provide this information to citizens so they will know money is
available.
Secondly, Ms. Snyder pointed out the grass is dying on
West Atlantic Avenue and feels it is not receiving sufficient
water.
Thirdly, Ms. Synder urged the Commission to follow
through on the plans with the Pompey Park pool.
ll.B.3. Alice Finst, 707 Place Tavant, stated she would like a
progress report regarding the widening of Lake Ida Road.
Ms. Finst expressed concern regarding the status of the
landscaping improvements at the Old Marine Way site (blue Butler
building at N.W. 10th Avenue and Lake Ida Road).
She feels a lot of time and energy was spent working
with the architect on the architecture of the Spady addition and
currently all there is are additional portables. She asked
Commission to look into this matter since residents have already
done their part to make the school beautiful and accessible.
Mayor Lynch asked the City Manager if the Old Marine
Way building is in compliance with code? The City Manager stated
as far as the landscaping is concerned, the Old Marine Way
building is before the Code Enforcement Board. Mayor Lynch
informed Ms. Finst that her concerns will be addressed at the
Regular Commission Meeting of April 18, 1995.
Ms. Finst stated she is still concerned with the time
frame of the Lake Ida Road Widening Project. The City Manager
stated the widening of Lake Ida Road was initially anticipated to
start in July, 1995, however, the County recently informed him
that the project will be delayed until September, 1995, and will
take approximately one year.
11.B.4. Jean Beer, 945 Tropic Boulevard, strongly urges
non-developers to attend the Palm Beach County Land Use Advisory
Board Workshop Meeting on Friday, April 7, 1995, at 9:00 a.m.
Ms. Beer expressed concern over a petition to go on the
ballot to amend the constitution regarding private property use.
She stated two house bills are currently in the legislature. One
bill states: ..."if you diminish the value of the property by
25% by any governmental action you have to pay them for it"...;
and the other bill states ..."if it would cause anything other
than a non-negligible impact on the value of the property"...
-17- 414195
She feels both bills are poorly written and if these bills are
passed, the result will be not only devastating but costly.
Mayor Lynch noted he will meet and discuss this matter
with Kathy Daley, lobbyist for the City of Delray Beach, on April
5, 1995, in Tallahassee.
ll.B.5. Willie Ports Jr., 634 Angler Drive, expressed concern
over the funding for the Pompey Park Pool Project, and asked What
the status is on the proposal he submitted to the City regarding
holding concerts at the Tennis Stadium.
In response, Mayor Lynch noted that the Pompey Park
Pool is on the agenda and will be discussed later in the evening.
Mayor Lynch also stated that Mr. Potts' proposal went to Joe
Weldon, Director of Parks and Recreation, who will discuss the
proposal with Palm Acts, Inc. Mayor Lynch suggested to Mr.
Potts' to wait and see the response from Palm Acts, Inc., and
then bring back to the Commission for further discussion.
At this point, the Commission proceeded to the First
Readings portion of the Agenda.
12. FIRST R~ADINGS:
None.
At this point, the time being 8:15 p.m., Commission
moved to Item 9.C. of the Regular Agenda.
9.C. CONDITIONAL USE REQUEST/LINDELL VILLAGE: Consider a
request for conditional use approval to establish a multi-family
development within a PC (Planned Commercial) zoning district.
The subject property is located on the south side of Lindell
Boulevard, between South Federal Highway and South Dixie Highway,
and contains approximately 12.2 acres.
The City Attorney stated this item will be conducted as
a Quasi-Judicial Hearing.
Susan Maloney, notary representing the City Clerk's
office, swore in those individuals who wished to give testimony
on this item.
Diane Dominguez entered all the Planning and Zoning
documents that are contained in the file for this project into
the record (a copy of which is attached hereto and incorporated
herein as an official part of the minutes).
Ms. Dominguez stated this is a Conditional Use to
permit a multi-family development in the Planned Commercial
district. On January 3, 1995, the City Commission approved upon
the first reading of an Ordinance, the rezoning of a 10.2 acre
parcel from PC (Planned Commercial) to RM (Medium Density
-~8- 41~195
Residential) to accommodate a 122 unit multi-family development.
On January 17, 1995, the applicant requested and received a
postponement on the rezoning based, in part, on the property
owner's concern that if the multi-family development proposal was
not approved, the property would no longer have commercial
zoning.
As with the rezoning petition, the Planning and Zoning
Board supported the Conditional Use and recommended unanimously
to approve the sight for development as a multi-family project
with a density up to twelve units per acre.
Michael Weiner, attorney representing applicant, stated
the Planning and Zoning Board voted 7 to 0 in favor of this; the
staff report is very favorable on the project. He stated the
applicant has agreed to make the conditions set forth in it.
At this point, the Commission asked questions of ~the
applicant and staff.
Mrs. Smith asked for clarification on what roughly
twelve units to the acre means? In response, Ms. Dominguez stated
roughly means it cannot exceed the maximum of twelve units to the
acre; it could be less. Dr. Alperin asked Ms. Dominguez less
determined by the applicant or by SPRAB? In response, Ms.
Dominguez stated the final determination will be at the SPRAB
meeting.
Mr. Randolph asked when the City will know whether the
lift station is necessary? In response, Ms. Dominguez stated this
is at the applicants cost and will be addressed during the site
plan process.
Mr. Ellingsworth moved approval of the Conditional Use
request and establish a free-standing multi-family development
with a density up to 12 units with respect to Chapter 3, Section
2.4.5(E) (5) of the LDRs; subject to conditions recommended by the
Planning and Zoning Board, seconded by Mrs. Smith. Upon roll
call the Commission voted as follows: Mayor Lynch - Yes; Mrs.
Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.D. POSTPONED.
9.E. POSTPONED.
9.F. FUNDING FOR BLOCK 76 PARKING PROJECT: Consider a
request from the Community Redevelopment Agency for a funding
allocation from Decade of Excellence bond monies to be used for
the Block 76 parking project.
Kevin Egan, Chairman of the CRA, stated there is a
problem with the difference in the amounts. He stated .the
$20,000 contributed to the CRA to help with the moving costs for
-19- 414195
the historic houses is fine with him; however, he has a problem
with the $30,000 for the Swinton Avenue beautification. He
quoted Dr. Alperin from the May 15, 1992 minutes when this was
originally discussed and approved. Dr. Alperin stated "that he
would like the City to have enough control to ensure that the
money stayed in the Pineapple Grove area". The Pineapple Grove
area is N.E. 2nd Avenue to the railroad tracks from Atlantic
Avenue to N.E. 4th Street. Mr. Egan stated the money was to
finance the acquisition of the Pierce Tire property and not for
putting trees and bushes on Swinton Avenue up to N.E. 22nd
Street.
The City Manager stated the $31,694.40 was to fund the
Swinton Avenue Beautification described in the Decade of
Excellence Bond Issue only. There was not enough money in the
budget to fund the Swinton Beautification Project. So that
portion of the Swinton project which forms the boundary of this
area described in the bond issue referendum was funded from that
source. Mr. Egan stated the CRA budgeted the entire amount and
is now put in a difficult situation; however, the CRA is willing
to take a loss and get down to $432,000.00 or even a possible
compromise.
Mr. Randolph asked the City Manager if the City has any
plans for the building at 17 N.W. 5th Avenue? In response, the
City Manager stated the property is in the CRA plan and
eventually Mt. Olive was to get it.
Mrs. Smith moved to approve $434,000.00 for the Block
76 Parking Project, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin -
Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Lynch - No.
Said motion passed with a 3 to 2 vote.
9.G. BID AWARD/POMPEY PARK POOL AND BATH HOUSE: Consider
the base bid with McTeague Construction with Alternates 1, 3 and
5, in the amount of $1,030,780.00 for construction of the Pompey
Park Pool and Bath House.
The City Manager stated based on the architect's
estimates, the City allocated $870,000 for the project minus
fees. The balance available for construction is approximately a
little under $800,000. The iow bid for the basic pool is
$100,029,000. The staff is recommending that the City choose
Alternate #1, which is to substitute the aluminum louvers instead
of wood louvers, and Alternate #3 which is to provide for a floor
and wall finish downgrade. The floor calls for a fluid applied
floor coating and the substitute would allow for an epoxy painter
with sealer on concrete. The wall calls for ceramic tile and the
substitute would allow for epoxy paint on the block wall. Staff
also recommends Alternate #5 which is to provide for the deletion
of a small portion of pavers in the entrance area.
-20- 4/4/95
The City Manager stated Joe Weldon, Director of Parks
and Recreation, is recommending the City to go ahead with the
geothermal heat pump. The City Manager's recommendation is to go
ahead and award the bid to McTeague Construction for $1,030,780
(alternate #1, 3, & 5) and authorize staff to negotiate with the
low bidder. The City Manager recommends that the Commission
award the bid based on that basis with the deficiency and funding
comes from prior year surplus. The City Manager also stated his
intention is to bring this back in next year's budget to fund the
addition of the geothermal heat pump.
Mayor Lynch stated he is extremely unhappy with the way
the consultant handled this project. The City Manager stated the
City staff felt the consultant's price was low.
Discussion followed by the Commission.
Mr. Randolph stated he is against rebidding this
project. Mrs. Smith agreed with Mr. Randolph.
Mr. Randolph moved to approve the bid award for Pompey
Park Pool and Bath House to McTeague Construction with Items 1,
3, and 5 in the total amount of $1,030,780, seconded by Mrs.
Smith. Upon roll call the Commission voted as follows: Dr.
Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs.
Smith - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0
vote.
RESOLUTION NO. 30-95: Consider a resolution urgin~ the
State of Florida to sanction as part of the State Sesquicentenni-
al Celebration certain Delray Beach Centennial events.
The City Manager presented Resolution No. 30-95:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, URGING THE
STATE OF FLORIDA TO SANCTION CERTAIN DELRAY
BEACH CENTENNIAL EVENTS AS PART OF THE STATE
SESQUICENTENNIAL CELEBRATION.
(Copy of Resolution No. 30-95 is on file in the offi-
cial Resolution Book)
Dr. Alperin moved to approve Resolution No. 30-95,
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said
motion passed with a 5 to 0 vote.
9.I. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES:
Appoint a public member to the Police and Fire Board of Trustees
for a two year term ending April 22, 1997. The appointment will
be made by Mayor Lynch.
-21- 4/4/95
Mayor Lynch moved to appoint John Tallentire to the
Police and Fire Board of Trustees for a two year term, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows:
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes;
Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5
to 0 vote.
9.J. LOCAL OPTION GAS TAX INTERLOCAL AGREEMENT: Consider
approval of an Interlocal Agreement with Palm Beach County con-
cerning distribution of the local option gas tax, and approval of
Amendment #1 to the Interlocal Agreement to provide for periodic
reviews of the method of distribution.
Mr. Ellingsworth moved to approve the two year exten-
sion of 2/3 (County), 1/3 (municipalities) split of the 6 cents
local option gas tax revenues, levied under Florida Statute
336.025(1) (a), seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch -
Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 5 to 0 vote.
Dr. Alperin moved to approve Amendment #1 to the
Interlocal Agreement which establishes the split for the addi-
tional 5 cents local option gas tax levied under Florida Statute
336.025(1) (b), seconded by Mrs. Smith. Upon roll call the Com-
mission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes;
Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion passed with a 5 to 0 vote.
9.K. BANNER ATTACHMENT AGREEMENT/FLORIDA POWER AND LIGHT:
Consider approving a Banner Attachment Agreement with Florida
Power and Light Company to temporarily hang banners purchased by
the Joint Venture on FPL poles on Federal Highway.
Robert Barcinski, Assistant City Manager, stated in
order to sign this agreement, FPL is requiring that the City
obtain a separate general liability insurance policy, including
Broad Form Contractual Liability Coverage, with minimum limits of
$1,000,000.00 combined with single limit per occurrence for
bodily injury and property damage liability. Lee Graham, Risk
Manager, has informed Mr. Barcinski that the City would have to
take out a separate policy and the minimum policy cost would be
between $8,000-$10,000. Mr. Barcinski stated based on this cost,
he is currently recommending for the Commission not to proCeed
with this item. However, the City hopes to find something less
expensive, and he has instructed staff to move ahead as rapidly
as possible with the permanent pole permits with D.O.T. to hang
the banners.
Dr. Alperin asked if FPL will take the City's self-in-
surance policy? In response, the City Attorney stated the City
has had numerous negotiations with FPL and they refuse to make
any changes for the City because this is their form agreement.
The City Manager asked Mr. Barcinski if he spoke with the City of
-22- 4/4/95
Boca regarding their insurance policy? Mr. Barcinski stated the
City of Boca has not been contacted and believes that the City of
Boca's insurance plan is an entirely different insurance coverage
than the City of Delray. The City of Delray Beach is self-in-
sured whereas the City of Boca is not; however, Mr. Barcinski
will contact the City of Boca to inquire about their insurance
plan.
Discussion followed by the Commission.
Mayor Lynch asked who the City is dealing with at FPL?
In response, Mr. Barcinski stated he has been working with Terri
Robinson. The City Attorney stated she has also talked with Pat
O'Brien, attorney for FPL, and they are adamantly opposed to
making any considerations for the City of Delray. Mayor Lynch
also asked Mr. Barcinski how many banners the City currently has?
In response, Mr. Barcinski stated there are a total of eight
banners which have already been purchased.
Mrs. Smith moved to postpone approval of the Banner
Attachment Agreement with Florida Power and Light Company until
the Regular Meeting of April 18, 1995, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mayor Lynch -
Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.L. EAST ATLANTIC AVENUE TRAFFIC MAINTENANCE PLAN: Approve
the Maintenance of Traffic Plan (M.O.T.) required by the Florida
Department of Transportation, to be in effect throughout the East
Atlantic Avenue Beautification project.
The City Manager stated Florida Department of Transpor-
tation (F.D.O.T.) is proposing to maintain westbound traffic at
all times; eastbound traffic would be routed down Venetian Drive
to Casuarina Road and out to A-1-A at Casuarina Road. He stated
his first thought had been to use Miramar Drive, however, D.O.T.
would require the City to install a temporary traffic signal at
Miramar Drive and A-1-A which would cost between $15,000 to
$20,000. The City is also concerned that Miramar Drive (between
Gleason Street and A-l-A) is not a very adequate street. People
with local knowledge of the streets will use Miramar as well as
other streets; however, the official route will be all the way
down Casuarina and out at that point where there is a centralized
intersection. The detour plan would be in effect for approxi-
mately 90 days, roughly from mid-July to mid-October.
Dan Beatty, City Engineer, stated this is one of the
conditions of the permit that D.O.T. is requiring that the City
provide local government approval of the Maintenance of Traffic
Plan (M.O.T.).
Mrs. Smith asked Mr. Beatty when he anticipates the
City will go out for bid? In response, he stated in order to Stay
on schedule he needs to advertise the weekend of May 14, 1995.
-23 - 4/4/95
Therefore, the bids will be opened on June 6, 1995. Mayor Lynch
inquired about moving the date up of the bid opening to May. The
City Manager stated because F.D.O.T. is funding the project,
F.D.O.T. has to approve the 100% completed drawings before going
out for bid. Mayor Lynch asked if the drawings are complete? The
City Manager stated the drawings are not complete. Mr. Beatty
further explained to Mayor Lynch that after the City has the 100%
completed plans and F.D.O.T. has completely signed off on the
plans, the City has to have all permits in hand and from that
point the plans are sent to Tallahassee. The City cannot adver-
tise the bid opening until receiving authorization back from
Tallahassee which may take approximately two weeks. Mayor Lynch
asked Mr. Beatty if everything could come together by the end of
April. Mr. Beatty stated everything needs to come together by
the end of April, and stated if the City does not have authoriza-
tion to bid by May 14, 1995, then he will ask Commission for
direction.
Mrs. Smith moved to approve the East Atlantic Avenue
Traffic Maintenance Plan (M.O.T.) required by the Florida Depart-
ment of Transportation, to be in effect throughout the East
Atlantic Avenue Beautification project, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mayor Lynch -
Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manager
In response to Commissioner Smith's prior inquiry
regarding the graffiti on the Old Marine Way site (Butler build-
ing at N.W. 10th Avenue and Lake Ida Road), the City Manager
stated staff purchased the matching blue paint and with the
owners permission abated the graffiti on March 23, 1995.
In response to Mayor Lynch's prior inquiry regarding
bid bonds, the City Manager stated bid bonds are required on
construction projects with commodity and service relative bids,
however, the City does not normally require bid bonds. He fur-
ther stated the 1993 Survey of Procurement Practices provided by
the National Institute of Governmental Purchasing shows that the
Federal government does not ask for bid bonds on commodities or
services; 94% of State government do not ask for bid bonds; 72%
of counties and 74% of municipalities do not ask for bid bonds on
commodities or services.
In response to Commissioner Ellingsworth's concern
regarding the sign problem at S.W. 22nd Avenue, the City Manager
informed the Commission that this problem was corrected on March
28, 1995. (It was noted under Approval of the Minutes at the May
2, 1995 Regular Commission Meeting, that the sign problem at S.Wo
22nd Avenue has not been corrected)
-24- 4/4/95
13.B. City Attorney.
The City Attorney stated she spoke with Larry Eaton,
President of The CRC Recovery Foundation, Inc., regarding the
City's Right of First Refusal on the CRC property transaction.
She stated modifications need to be made in the Right of First
Refusal document. The CRC Recovery Foundation, Inc. is concerned
if they choose to relocate in Delray Beach that they be able to
use profits from the escalation of value of this property towards
a relocation within the City. She asked for direction from the
Commission on how to proceed with this matter.
Upon direction by the Commission, Mayor Lynch stated
the City will drop this once the CRC Recovery Foundation, Inc.
pays all the money.
13.C. City Commission
Mayor Lynch stated he purchased a kitten for his daugh-
ter and while they were out for the evening he realized he forgot
to turn off the burglar alarm. Meanwhile, the kitten inadver-
tently provoked the sensors causing the alarm to go off three
times, and as a result Mayor Lynch was fined.
13.C.2. Dr. Alperin.
None.
13.C.3. Commissioner Ellinqsworth.
None.
13.C.4. Commissioner Randolph.
None.
13.C.5. Commissioner Smith.
None.
There being no further business, Mayor Lynch declared
the meeting adjourned at 9:10 P.M.
dity Clerk
-25- 4/4/95
ATTEST:
The undersigned is the City Clerk of the City of Delray
Beach and that the information provided herein is the minutes of
the meeting of said City Commission of which minutes were for-
mally approved and adopted by the City Commission on
city c e-r /
NOTE TO READER:
If the minutes that you have received are not completed as indi-
cated above, then this means that these are not the official
minutes of the City Commission. They will become the official
minutes only after they have been reviewed and approved which may
involve some amendments, additions or deletions to the minutes as
set forth above.
-26- 414195
Table of Contente
Page
Mission St/tement ................................................................
What is a Community Development Corporation?
How is the T.E.D. Centet fimded?
How are these funds used?
Letter from the Executive Director ..................................................... 2
"The Journey Has ~ust Begun"
Letter from the President
"A Year of Crreat Success and Enormous Gwwth"
Advisory Board and Board of Directors ..................................................
Advisoxy Board Members
Board of D~rectors
Neighborhood Association Governing Board
Special Progrn~s of the T.E.D. Center " $ - 7
Affordable Housing - "Model Block" Program
"Restoring Our Neighborhoods~ P~ogram
"Delray Renaissance" Program
Lantana Apartmenls
Hope 3
NeiEhbodtood Associati.on
Small Business Incubator Program
Client Pwfiles
Graphs & Charts ............................................................... 8-9
Roll of Appreciation .............................................................. 10
1993-94 Contributors
In-kind Con~ibuto~s
Program Sponsorship Con~ibutot's
Additional "Partners" and "Suppo,rt?s"
The T.E.D. Center, Inc. Staff & Volunteers ............................................... 1 !
Mission Statement P,ge # 1
The T.E.D. Center's mission is to Business Incubator provides 3. ,d neighborlu~t housing
foster revitalization by acting as services that help fledgling service area, or
an intermediary between business become and remain
government, private enterprise, economically viable. The 4. An Enterprise Zone.
not-for-profit organizations and program currently focuses on
the community, existing businesses drawn from The T.E.D. Center's Target A~ea
the neighborhoods and will is the City of Delray Beach's
The goal of the T.E.D. Center is expand to employment training Community Development Block
to restore stability in declining programs as the Center grows. Grant Area which is also an
neighborhoods by addressing Enterprise Zone designated by
housing needs, economic What is a Community the Federal Government.
development and crime Development Corporation?
management as an inter~elated The Target area is bounded by
whole. A Community Development Lake Ida Road to the North,
Corporation is a not-for-profit S.W. 10th Street to the South, I-
The T.E.D. Center works to organization that serves its 95 to the West and Swinton
promote self-xeliance and civic community by bridging the gap Avenue to the East in Defray
participation in previously between individual citizens, Beach.
'marglnalizedcitizens. government, private enterprise
and other not-for-profit How is the T.E.D. Center
The T.E.D. Center's most agencies, funded?
successful example is the ~Model
Block Program~. Existing Incorporated in October 1992, The T.E.D Center is financed
housing on the block has been the T.E.D. Center is a not-for- through grants, direct
rehabilitated, new houses have profit agency in the State of contributions, developer and
been constructed on vacant lots, Florida, organized under Section client fees and in-kind
and the street is slated for s.$01(cX3) of the Internal contributions of assets and
paving, sidewalk and lighting Revenue Code. technical ussis~ance. (See Figure
infrastructure improvements by 1, page 8)
the City. Older residents, who The T.E.D. Center is
previously did not know their administered by a professional How are these funds used?
neighbors, and new homeowners staff and governed by a Board of
are now part of a Neighborhood Directors. Board members are The T.E.D. Center maintains an
Hssociation and Crime Watch local residents who serve a exempisry ratio of funds devoted
Community. maximum term of three years, to administrative needs and
funds allocated directly to client
Since the inception of the Model A Community Development assistance programs. Such
Block Program, the neighbors, Corporation must serve a programs include the
working with the Community specific geographic area homeowner's seminar series, the
Policing Section of the Police described as: business training program,
Department, have eliminated a subsidized incubator tenant rent
base for prostitution and a house 1. ~d slum or blighted area. and the underwriting of some
used in the drug trade, incubator client & homeowner's
2. ' /1 Community Development fees.
Down the street from the Model Block Grant (CDBG) program
Block, the T.E.D. Center's Small area.
Letter from the Executive Director P'~ # 2
"The Journey Has Just tremendous success experienced throughout the county. At this
Begun" by the T.E.D. Center time we are working with seven
Parmerships with Federal, State, clients who have created nine
County, City, corporate, new jobs for our community.
In 1986, anticipating retirement institutions,
from IBM, I began a visioning and private individuals affirm the 3. We have created a
and information gathering T.E.D. Center~ slogan "The "Neighborhood Asrociation" with
process looking for an only piece (of the solution) our new homeowners.
established and proven vehicle missing is YOU*." They will be going through
that would address revitalization homeowner education seminars~
in "low-income" communities. ! I' would like to share a few of creating a crime watch
traveled across this wonderful this year's highlights, community, and providing a
State of Florida and throughout laboratory for job training.
the Nation. However, I was not 1. The "Model Block"
able to find one that would meet Program far exceeded our 4. Graduation from the
all the needs I envisioned. To expectations for a response to National Leadership
form my own vehicle I created a the need for affordable housing Development Institute in
lask force within the community in the community. Fifteen Washington, D.C.
of Delray Beach. families celebrated the Holidays
this year in their newly I am honored to have serve as
That ~sk force was the architect completed homes. Ten are under Executive Director. I have
of what would be called by construction, and we will begin enjoyed working with the
historian the "McGhee Concept"~ an additional five homes within advisory committee, board, staff,
and later become known as the the next 30 days. We have clients, homeowners, and all of
T.E.D. Center. interviewed and pre-qualified many partners. You have
over 400 families needing supported and believed in my
Now, having completed our affordable housing this year vision of revitalization.
second year, I am proud at how alone.
much the T.E.D. Center has
exceeded my wildest 2. In May, a ribbon cutting Sincerely,
expectations, ce~-~ony was held for the grand
o*pening of the "Business
I believe it is the emphasis Incubator" Program. We were
placed on the many awarded a grant from Palm Samuel D. McGhee
*partnerships" we have formed Beach County to build a Executive Director
that has been key to the prototype for other incubators
1 'A Josrney Into Tbe PMloeophy or Alain Locke' by Dr. Johnny W~hing~o~, Ph.D.
Letter from the President P.ge # 3
"A Year of Great Success and estimate of building two or three working on an arrangement with
Enormous Growth" a year. The accelerated growth a developer to participate in a
was due in part from our new rental complex construction
participation in the Restoring in the next couple of yeats. The
During the past year we have Our Neighborhoods P~ogram new municipal amalgam of not-
enjoyed great success and and, of course, the expertise of for-profits, Delray Renaissance,
enormous growth. Since the fall our staff, will use our number of units
of 1993 a number of houses built as support material when
were completed and the A little more than a year ago the the group applies for funding.
incubator was established. The incubator program was still a Other agencies have suggested
T.E.D. Center started with an concept. Now with the help of we take on projects in a larger
unpaid staff of two in borrowed the last year's $40,000 county geographic area.
space and graduated to four paid grant end this year's $80,000
employees in our own office grant it is a reality. All in all it's been an
(which we are about to extraordinary year for the T.E.D.
outgrown). We continue to The program serves 3 in-house Center. We can all look forward
receive national recognition for clients and 9 out-of-wall clients to even a greater success in the
our programs and are beginning in the Center's new office. In future.
to secure significant financial order to double our clientele, we
support, will need to seek out a larger
space. Best regard,
This year 15 families moved into
their homes, 10 homes are still Now that we are an established
under construction and 5 families entity with an impressive track
are under contract. The total of record other organizations are Elizabeth A. Debs
30 houses over the course of a turning to us for help. We are President
year or to ar exceeds our original
ADVISORY BOARD AND BOARD OF DIRECTORS Page # 4
ADVISORY BOARD MEMBERS: OFFICERS:
Christopher J. Brown, Executive Director Samuel D. McGhee
De]ray Beach Community Redevelopment Agency Executive Director
Dan Burns, Owner F. lizabeth Debs
Dan Burns Oldsmobile EDRC Architect
President
Biilie Linvil], Vice President
Sun Bank of South Florida, N.A. Nadine Hart
Real Estate Broker
Michael Weiner, Esquire Vice President
Weiner & Mofica, P.A.
Wanda Gad.son
Sun Bank of South Florida, N.A. ~,' .
BOARD OF DIRECTORS: Treasurer
Daniella Henry, President Robin Smith
Haitian-American Chamber of Commerce De]ray Beach Police Deparlment
Secretary
Daisy Pryor
David Randolph GOVERNING BOARD of the
City of De]ray Beach Commissioner T.E.D. Center's Neighborhood Association:
City of Delray Beach
Mavis Phillip-Allen
Minister I.e. Spivey Kathy Butler
Lake Ida Congregation James Dildy, Sr.
Wanda Gadson
James Titcomb, President Carole Jones
Titcomb Creative T'ma Negron
Regina PuUum
Elizabeth Wesley, Manager Caryla Wesley
Child Care Services
School Board of Palm Beach County
Clayton Wideman, Owner
His and Hers
Special Programs of the T.E.D. Center Pag, # 5
"Model Block Program" waivers, a consortium of lenders provided an opportunity to
offering permanent mortgages at resolve credit i~ues while saving
This year we began to see the below normal conventional for their down payment. In
reality of all the hard work of interest rates, down payments addition, tenants will attend pre-
the previous year. Construction and "sweat equity" by home purchase education seminars].
began!!! Fifteen of our families buyers, and qualified builders The program altogether will
will be celebrating the Holidays committed to affordable housing, provide home ownership
in their new homes. Ten others opportunities for 80 families in
will be able to celebrate by With this combination, we were Delray Beach.
Spring and another five by next able to place low and vezy low
summer. This will then complete income families in affordable
the first phase of our "in-fill" housing. Lantana Apartments
housing program in Deiray
Beach. Architectural designs were The T.E.D. Center has formed a
compatible with the "Model joint venture with Cornerstone
Block" concept which features a Properties in Coral Gables to do
PHASE I- "Restoring Our minimum single car garages, a 96 unit affordable rental unit
Neighborhoods" front porches, and security complex in Lantana. Our
features and options, application to the State of
This first phase was operated Florida for "Low Income
under the guidelines of a The economic impact of this Housing Tax Credits (LIHTC)"
program called "Restoring Our program has generated in the was awarded and The Richmond
Neighborhood". This program City of Delray $2.2M in Group has been hired to do the
has achieve recognition as the construction which includes a net syndication of the LIHTC which
most successful affordable tax base increase of $35,478. will provide the working capital
housing program in the State of (See Figure 2, page. 8) for the project. We are
Florida. particularly excited that the
project will provide 20% set
The T.E.D. Center formed a PHASE H - The "Delray asides for homeless families, and
partnership with the City of Renaissance" we look forward to our
Delray Beach, Palm Beach partnership with Adopt-a-
County, and the Consortium for The second phase of our "in-fill" Family in West Palm Beach. We
Affordable Home 'Financing, Inc. housing program will be called anticipate the beginning of
to encourage new and the "Delray Renaissance" construction to be April of 1996.
rehabilitated construction. It program. It is a housing We have authorization to begin
provided a window of partnership comprised of other the first phase and permits have
opportunity to prospective local non-profit housing already been pulled.
homeowners that would not sponsors, the Delray Housing
otherwise be available under Authority, the City of Delray
other affordable housing Beach, and the Delray Beach Hope 3- Grant
programs. Community Redevelopment
Agency. The emphasis will be to The T.E.D. Center joint-
It combined subsidy for down create a "credit incubator" ventured with lndiantown Non-
payment and closing cost [two homes rented on a lease Profit, Inc. to apply to H.U.D.
assistance from State HOME option up to two years to pre- for the HOPE - 3 funds. We are
dollars, City commitment to qualified tenants who are pleased to announce the grant
infrastructure and permitting fee application scored the second
Special Programs of the T.E.D. Center Pag, # e
highest in the Southeastern with local law enforcement prosper thus creating 9 new jobs
United States. This grant will officers to become a "Crime and four consulting positions in
provide 10 homeownership Watch" community, the-Delray Beach area.
opportunities for rehabilitation
of existing government owned The following summaries
properties throughout Palm The TED Center Small highlight the success enjoyed by
Beach County. We have five Business Incubator Program Incubator clients during 1994:
families pre-qualified and in
loan processing. In March of 1994, Palm Beach
County awarded the T.E.D. Griswold Special Care
Center a $40,000 grant to
Neighborhood Association develop a "prototype" business Betty Campbell owns and
incubator destined to spread operates a franchise of nationally
The neighborhood association county wide. The program has organized Griswold Special Care.
was officially formed and held been extremely successful and The firm provides medical and
several meetings to adopt its' funding for 1995 has been non-medical special care for
Covenants and Restrictions, renewed at twice the original homebound patients by
Articles of Incorporation, and grant amount, maintaining a roster of Nurses
By-laws. Volunteers offeringto Aides and assigning them to
serve as its' first governing board In May, Commissioner Maude service patients.
have been installed. Ford Lee presided over a Ribbon
Cutting Ceremony for the Betty came to the incubator
As part of the T.E.D. Center's Center's new facility located on program for the staff support and
commilment to empower people West Atlantic Avenue in the marketing strategies necessary to
within our community, we have Wideman Building, within a begin her Palm Beach County
committed to work with this block of the Model Block. operation. Using the incubator
organization to help them program she has created a client
become a non-profit Three clients were provided with base and has contracted with
organization. The hope is to desks, telephones, secretarial four independent Aides. She
begin using the homesteads as a assistance and the use of a expects to expand further by
laboratory for job training conference room, fax and copier developing her own staff of
opportunities, i.e. construction, a~ a basic service. Several other trained and licensed technicians,
landscaping design and business people who do not nurses and aides.
maintenance, pest control maintain an office at the Center
services, etc. The next hope is are treated as "out-of-wall"
that each year a service project clients. Daniels' Imwn Service
will be completed to upgrade the
neighborhood, i.e. landscaping Incubator participants are Lenwood Daniels, Jr. owns and
and painting and elderly persons expected to graduate from the operates a landscaping service
home, etc. Establishing corporate program within the course of and intends to expand into
relationships could enable low three years. During that time property management.
income families to become both resident and out-of-wall
educated and equipped in clients will receive assistance in After completing the Center's
technology. We are hoping for a financial management training, f'mancial management program
training grant so that marketing techniques, credit he computerized his billing
homeowners can become rehabilitation and business plan system and increased his cash
computcr literate. We are hoping development, flow. The company's improved
to place a computer in every liquidity allowed him to hire four
home. Since its founding, the Small additional employees during his
Business Incubator Program has first year with the T.E.D. Center.
Next of course will be to work helped its clients to expand and
Special Programs of the T.E.D. Center P,ge # 7
Parker's Kitchen to $15,000 in development costs. Product, the Loan-to-Value
The T.E.D. ~enter is grateful for (LTV) ratio is 95%. The lending
Donnie Dobson owns and the continuing support of Palm institutions participating in our
manages a small successful soul Beach County through its second programs receive a LTV of 72%.
food take-out establishment. He year of grant funding, but in Yet the owner investment
hopes to expand into a full order to reach the goal of twenty remains at 5% (which is divided
service restaurant and a franchise new jobs the Center needs to into 4% cash and 1% "sweat
business in the future, seek additional funding from equity").
other institutions for the
By working with the T.E.D incubator program. The 20% the government
Center, Mr. Dobson developed a reinvests into the community, by
business plan, marketing The T.E.D. Center plans to providing affordable home
strategies and a site feasibility initiate additional programs and ownership oppommities, not only
study. He is addressing both the services. A business Mentoring help to revitalize communities by
smaller issues of menus and Program is being formulated providing an economic stimulus,
logos and the larger issues of with Lynn University and a but begins to stabilize
contract negotiations and laboratory for job training is in communities, by providing jobs
equipment expenditures with the the works, and job training opportunities.
help of the Center*s staff. The by-product is a reduction in
crime.
Mr. Dobson added four Summary of Programs
employees to the business in the Economic Impact The Business Incubator has in its
past year and will increase his short six months of operation
staff by an additional eighteen Affordable Housing Program - created an economic impact of
employees when he completes $2,088,102 economic $180,658. Of the 9 jobs created,
his full service restaurant, development which includes a 7 are within the targeted area
net tax base increase (See Figure generating $84,000 of annual
These three businesses received 3, page 9). disposable income into the
memberships in the Delray community.
Merchant's Association and the For every 91 cents of subsidy
Delray Beach Chamber of invested by the Community A comparison of the T.E.D.
Commerce underwritten by Redevelopment Agency (CRA), Center's $96,658 in gross
Corporate Sponsors. Participation the stimulus to the local revenues (adjusting for in-kind
in such organizations is essential economy is $2,088,102, and contributions and accounts
for professional growth and receivables) to it's ability to
creates networking opportunities mWhen you compare the CRA's generate $2,268,760 in economic
in the larger community, program subsidy investment of impact [$2,088,102 in the
$18,750 to the revenues returned affordable housing program
to the CRA (95% of net tax (including tax base increase), and
Looking Forward base increase of $35,478 = $180,658 in the small business
$33,704). The return on their incubator program] is a 23.5 to 1
The T.E.D. Center's goal for dollar is 179%. ratio. For every $1 of
1995 is to foster the creation of contributions and grants, the
at least twenty new jobs in the The incentive to lending T.E.D. Center's programs provide
community. According to Palm institutions is the minimization $23.50 of direct benefits to the
Beach County's research on of risk. Where most lender's community it serves.
incubator's, they estimate each provide an Affordable Housing
new job created requires $10,000
Charts & Graphs
Funding Sources
FY 1993/1994
Fml~l~ion ga~t, ~2.7% $7/,034
Prom'ams !.2% $1,"/:~0
In-Kind 2.8% 84,10:3
Fund Rn~,~. $. !% $4.4'71
Cmporm Cot~lnl~utions 9.~ $1~,579 Fees 31.{P,~
Flgu~l
Affordable Housing Participation
FY 1993/1994
Lendinglnstimtio~?2.4%$1,485,620
,0.~%$1~750
F.,qulty$.4%$11~623
State & Count~ HOME 20.2% $414,099
City SHIP 1.1% S23,$32
l~gure 2
Charts & Graphs P~' # 9
Economic Impact
FY 1993/1994
..oo x-..~, c~t~co~,~o.__-- $23.50
Housh~ 90.4% ~21.24 $1.oo
l~urc 3
Roll of A01~reclatlon - 1993/1994 Contributors
Grants: American Savings
Community Foundation of Palm Beach and Martin Bank of Boston
Counties Bankers Trust
Fannie Mae Foundation Barnett Bank of Broward
Knight Foundation Barnett Bank of Palm Beach
Lattner Foundation Chemical Bank
Palm Beach County Comerica Savings
- HCD Department Community Savings
- Economic Development Fidelity Federal Savings
- Housing Trust Fund First Federal Savings of the Palm Beaches
U.S. Department of Housing and Urban Development First Union of Broward
First Union of Palm Beach
Contributions: JP Morgan
Capital Bank Northern Trust
Chemical Bank South Bank
Delray Beach Community Redevelopment Agency Sun Bank/South Florida,
First Federal of the Palm Beaches Chase Manhattan
Nations Bank Citizens Federal
Sun Bank/South Florida, N.A. Coral Gables Federal Savings & Loan
Delray Beach Police Department
In-kind Contributions: Delray Beach Chamber of Commerce
Abisset Corporation Deiray Downtown Joint Venture
A. Jenkins Management Services Mark Fassy Architect
Boca Builders of Brevard, Inc. Nations Bank
Susan Brown Property Restoration Group
Capital Bank Point Federal
Carteret Savings Richmond Group
Wilbur Chancy, Esquire Cephone Williams, Ed.D.
Juliet Chayet
Comerica Additional "Partners" and Supporters:
Delray Beach Community Redevelopment Agency Black Business Inveslment Council (BBIC)
Delray Beach Community Center & Fire Department Charter Savings
EDRC Architects Citizens Federal
E-Plus Business Services City of Delray Beach
Fred Griffin Construction, Inc. - Community Improvement Department
Haitian American Chamber of Commerce - Police Department
Kattoura & Associates Community Intedaith Coalition
Old School Square Consumer Credit Counseling Services
South Tech Vocational School Cornerstone Properties
James Titcomb Creative, Inc. Deiray Beach Chamber of Commerce
Randi S. Tompkins, Esquire Delray Beach Merchants Association
NAACP Donclay Construction, Inc.
National Center for Neighborhood Enterprise Dymond Construction, Inc.
Nations Bank , FAU Small Business Development Center
Gregory Nicosia, Esquire Lynn University
Clarence Vaughn Minority Business Development Center
National Leadership Development Institute
Program Sponsorship Contributors: Northern Trust
Capital Bank Private Industry Council
Consortium for Affordable Home Financing, Inc. S.C.O.R.E.
T.E.D. Center Staff
Staff: Volunteers:
Affordable Housing Susan Augustus
- Sherry $ohnson Karen Baxter
LaClaire Bowdry
Business Incubator Susan Bwwn
- Blanche W. Jones Louise Cissel
Sonia Gijsendoder
Grant Writing John Farrell
- Annetta Jenkins Jay First
- Sherry Johnson Andre Kattoura
- Blanche W. Jones Bill L/ndeman
Renitta Tyson
Legal Counsel
- Randi Tompidns, Esquire
Accounting
- Juliet Chayat
Chayat Services, Inc.
Independent Auditors
- Moore, Caler, Donten & Levine, P~,.
- Boca Builder's of Btevaxd, Inc.
- Carmen ChinSee
- Katlfleen Sheridan
- Betty Campbell
- Terri Harmon
- Frances Turman
- Stephanie Walker
THE DELRAY BEACH CENTER FOR TECHNOLOGY, ENTERPRISE & DEVELOPMENT, INC.
Business Incubator Affordable Homing & Accounting Department
400 B West Atlnntic Avenue ~ N. Swinton Avenue
Deiray Beach, Florida 33444 Delray Beach, Florida 33444
(4O'/) ~S-~?90 (40~ 279-99S~
(407) 265-0806 (fax) (407) 276-8558 (fax)