Agenda Reg 03-19-02*City of Delray Beach
Regular Commission Meeting
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Tuesday. March 19. 2002
Regular Meeting 6:00 p.m.
Public Hearings ?:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33~.~.~.
Phone: (561) 243-7000
Fax: (561) 243-3774
RULE8 FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with thc
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings arc business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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.
Ce
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. 8ION 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 furmsh 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 (voice) or 243-7199 (TDD), 24 hours prior to the event m order for the
City to accommodate your request. Adaptive listening devices are available for
meetings m the Cornrmss~on Chambers.
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ROLL CATJ..
INVOCATION.
PLEDGE OF AI.I.EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· February 26, 2002 - SpecJ_~l Meeting
· March 5, 2002 - Reg,_dar Meeting
PROCLAMATIONS: None
PRESENTATIONS:
A. Delray Camera Club Award Presentation - "Delray Beach All-America City"
CONSENT AGENDA: City Manager Recommends Approval.
CONSENT TO A$$IGNMENT/LOXAHATCHEE TRACTOR SERVICES.
IN¢,; Approve Consent to Assignment with Loxahatchee Tractor Services, Inc. which
will acquire Blackwell's Tractor Services, Inc. for lot cleating and mowing.
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RESOLUTION 27-02; Approve Resolution No. 27-02 authorizing the City to
participate in and execute the Local Agency Agreement for a grant for the Downtown
Pedestrian Network. FDOT will contribute up to $330,000 and the City will contribute
$46,200.
Co
REOUEST TO ALLOW A TEMPORARY MODULAR
BUILDING/CONSTRUCTION SERVICES AND CONSULTANTS, INC.:
Approve a request to allow one (1) 660 square feet temporary modular building at
Construction Services and Consultants, Inc., located at the northeast comer of West
Atlantic Avenue and the E-4 Canal (2201 West Atlantic Avenue).
AMENDMENT TO THE INTERLOCAL AGREEMENT/SOUTH PALM
BEAI~H COUNTY; Approve an amendment to the Interlocal Agreement for the
South Palm Beach County Public Safety Communications Cooperative for the addition
of two (2) channels to the existing five (5)-channel Public Safety 800 MHz Radio
System.
SPECIAL EVENT REQUEST/2002 BUD LIGHT PRO/AM VOLLEYBALL
TOURNAMENT; Approve a request from Exclusive Sports Marketing for the 2002
Bud Light Pro/Am Volleyball Tournament to be held at the municipal beach on May 4
and 5, 2002.
03-19-2002
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RESOLUTION NO, 25=02: Approve Resolution No. 25-02 and Contract for Sale
and Purchase between the City and Michelle Abreu, authorizing the City to purchase
property located at 2450 Owens Baker Road in the amount of $126,000, said property
consists of approximately .33 acres of hnd.
CONFLICT OF INTEREST WAIVER/JOE GII.I.IE: Approve a conflict of
interest waiver request for Joe Gillie, in regards to the Parking Management Advisory
Board.
APPOINTMENT OF OUTSIDE ¢OUNSEL/HOFFERT V, CITY OF
DELRAY BEA(~H: Approve appointment of Fred Gelston, Esq. and Steve Radford,
Esq. to act as outside counsel for the case of Hoffert v. City of Delray Beach at a rate of
$110.00 per hour each.
APPOINTMENT OF OUTSIDE COUNSEL/CITY OF DELRAY BEACH:
Approve appointment of Robert Federspiel, P.A. to act as outside counsel at a
governmental rate of $195.00 per hour for the City of Dekay Beach for the acquisition
of the Barwick and Tate properties.
REVIEW OF APPEAl.ABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 4, 2002 through March 15, 2002.
RESOLUTION NO. 28-02: Approve Resolution No. 28-02 authorizing Atlantic
High School land acquisition by gift purchase or eminent domain.
AWARD OF BIDS AND CONTRACTS:
Lease award to Sunshine Golf Car in the amount of $3,274.20 for FY 2002,
($19,654.20 total lease) for three (3) golf carts (special purpose vehicles) to be
leased for 36 months and used for the Police Deparuxxent Volunteer Program.
Funding is available from 115-2124-521-49.50 (Crime Prevention).
Purchase award to Contemporary Controls and Communications (sole source
provider) in the amount of $19,808.42 for two (2) Imnets to computerize
irrigation on Linton Boulevard and Congress Avenue. Funding is awil~ble from
11%4144-572-64.90 (Other Machinery/Equipment).
Purchase award to Sanders Company, Inc. in the amount of $26,175.00 for one
(1) dry pit/submersible sanitary sewerage pump for Lift Station No. 50.
Funding is available from 442-5178-536-64.90 (Other Machinery/Equipment).
Purchase award to Dural Ford in the amount of $198,992.00 for the purchase
of nine (9) police vehicles under the Florida Sheriff's Association Contract #01-
09-094. Funding is available from 115-2112-521-49.90 (Police Depatmxent
Federal Forfeiture Fund).
03-19-2002
Bid award to Palace Laundry, Inc. T/A Linens of the Week in the mount of
$20,000.00 (estimated annual usage) for linen rental for the Dekay Beach
Municipal Golf Course Restaurant. Funding is available from 445-4715-572-
52.22 (Uniforms/Linen Service)
Bid award to RLS Lighting, Inc. in the amount of $31,305.00 to replace
decorative street furniture for Atlantic Avenue east of the Intracoastal
Waterway. Funding is available from 119-4151-572-52.27 for $13,020
(Beautification Trust Fund/Equipment) and 433-3711-534-49.35 for $18,285
(Cart Renewal/Replacement).
Purchase award to various vendors in the amount of $65,876.00 for replacement of
City vehicles. Funding is available from 501-3312-591-64.20 for $47,422 and 442-
5178-536454.20 for $18,454 (City Garage Account).
REGULAR AGENDA:
APPEAL OF SPRAB DECISION (INSTASIGN): Consider an appeal of a derision
of the Site Plan Review and Appearance Board's action regarding Instasign located at
851 SE 6t~ Avenue, Suite 103.
APPEAL OF HISTORIC PRESERVATION BOARD DECISION
(MANAGEMENT SYSTEMS): Consider an appeal of a decision of the Historic
Preservation Board's action regarding Management Systems located at the southwest
comer of NE 1st Avenue and NE 2na Street, Old School Square Historic Arts District.
Quasi-Judicial Hearing
REOUEST FOR IN-LIEU PARKING SPACES/ANTIQUE EXPERIENCE:
Consider a request by Antique Experience for the purchase of three (3) in-lieu parking
spaces in the amount of $36,000. Antique Experience is located on the southeast
comer of East Atlantic Avenue and SE 5th Avenue.
DOWNTOWN DELRAY BEACH MASTER pLAN; Consider formal action to
adopt the Downtown Delray Beach Master Plan.
CHANGE ORDER NO. 1/MEGAN SOUTH, INC; Consider approval of Change
Order No. 1 in the amount of $97,212.82 to Megan South, Inc. for the West Atlantic
Avenue Beautification Phase One (1) Project. Funding is available from 370-3162-541-
65.49 (West Atlantic Beautification).
PROPOSAL FOR SETTLEMENT/RAILS v. CITY OF DELRAY
BEACH/TACO BELL: Consider acceptance of proposal for settlement subject to
the receipt of appropriate releases in the Rails v. City of Delray Beach/Taco Bell case.
Staff recommends acceptance.
RATIFICATION OF APPOINTMENTS TO THE KIDS AND (~OPS
COMMITTEE: Ratify various appointments to the Kids and Cops Committee for a
two year term ending November 30, 2003.
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03-19-2002
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APPOINTMENT TO THE BOARD OF AD_IUSTMENT; Appoint one (1)
regular member to the Board of Adjustment for an unexpired term ending August 31,
2002. Based upon the rotation system, the appointment will be made by Commissioner
McCarthy (Seat #4).
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD; Appoint
one (1) regadar member to the Historic Preservation Board for an unexpired term
ending August 31, 2002. Based upon the rotation system, the appointment will be made
by Commissioner Perlman (Seat #1).
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GLORY AWARDS/COMMUNITY NEIGHBORHOOD HELPING, INC.:
Consider approval of the request for the City of Delray Beach to front funds up to
$10,000 for the Community Neighborhood Helping, Inc. Glory Awards to be held May
11, 2002 with reimbursement from Palm Beach County Commissioner Addle L.
Greene.
PUBLIC HEARINGS:
RESOLUTION NO. 26-02: Approve Resolution No. 26-02 adopting the final
assessment roll, Royal Palm Boulevard Special Assessment District.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOI.I.OWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST RRADINGS:
ORDINANI~E NO, 12'02: An ordinance mending the historic designation adopted
by Ordinance No. 70-89 "Fontaine Fox House" historic site located on the east and
west sides of Ocean Boulevard, south of George Bush Boulevard (610 and 615 North
Ocean Boulevard). If passed, a public hearing will be scheduled for April 2, 2002.
Bo
ORDINANI~E NO. 11-02; An ordinance rezoning from RT (Resort Tourism) to PC
(Planned Commercial) for a 2.067 acre parcel of vacant land located at the southwest
comer of SE 5~ Avenue and SE 10~ Street for a proposed Washington Mutual Bank
and other commercial uses. If passed, a public hearing will be scheduled for April 2,
2002.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
03-19-2002
February 26~ 2002
A Special 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, February 26, 2002.
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 -
City Manager David T. Harden
City Attorney Susan A. Ruby and
City Clerk Barbara Garito
Mayor Schmidt called the meeting to order and announced that it had been called
for the purpose of considering the following items:
VEHICLE PURCHASES: Consider approval of vehicle purchases.
Robert A. Barcinski, Assistant City Manager, stated this is a request for purchase
of replacement vehicles for Fleet Maintenance as well as the purchase of ten additional take
home vehicles for the Police Department.
Mrs. Archer moved to approve the vehicle purchases, seconded by Mr. Levinson.
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.
(2)
INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY
SCHOOL BOARD AND CITY OF DELRAY BEACH: Consider approval of an Interlocal
Agreement between the Palm Beach County School Board and the City of Delray Beach
concerning the relocation of Atlantic High School.
Ms. McCarthy stated she would like to file the appropriate Conflict of Interest
Form with regard to items two (2), three (3), and four (4), per the letter from the ethics Board in
Tallahassee.
The City Manager commented about the one clause added to the agreement by the
Palm Beach County School Board regarding the transportation. The City Manager stated he is
very pleased with the language put into the agreement that allows the City to address safety
issues by various means and correct them under State Statutes. The City Manager stated this
situation is not unique and noted at the Palm Beach County School Board Meeting, there was
some discussion regarding the Gateway Boulevard interchange and what the students of Boynton
Beach High School go through. Furthermore, the City Manager stated students who attend Boca
Raton High School cross the Palmetto Park interchange, Lake Worth High School students cross
6th Avenue South and 10th Avenue North, Forest Hill High School students cross the Forest Hill
interchange, Palm Beach Lakes High School students cross the 45th Street interchange and Palm
Beach Gardens students that cross the North Lake Boulevard interchange. The City Manager
stated the City is quite confident about working with the Palm Beach County School Board staff
to address these issues to their satisfaction. The City Manager stated the cost of putting School
Crossing Guards at Congress Avenue and Atlantic Avenue would be approximately $15,660.
With regard to the sidewalks underneath 1-95, the City Manager also stated the City has been
asked to look into the possibility of installing concrete barrier walls which would cost a
maximum of $50,000.
Mr. Levinson moved to approve the Interlocal Agreement between the Palm
Beach County School Board and the City of Delray Beach regarding the relocation of Atlantic
High School, seconded by Mr. Perlman. 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.
(3) AUTHORIZATION TO PROCEED WITH THE ACQUISITION OF THE
CONTINENTAL HOMES OF FLORIDA~ INC. PROPERTY: Authorize staff to proceed
with the acquisition of the Continental Homes of Florida, Inc. property in the amount of
$6,390,000, said property consists of approximately 19.653 acres of land.
Mr. Perlman moved approval for staff to proceed with the acquisition of the
Continental Homes of Florida, Inc. property, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
(4) APPRAISAL OF BREEZY RIDGE ESTATES PROPERTY: Authorize staff
to proceed with the appraisal of 37 parcels in the Breezy Ridge Estates properties, by Bob
Banting of Anderson & Cart at $350.00 per parcel.
The City Attorney noted the cost has been negotiated to $315.00 per parcel.
Mr. Levinson moved approval for staff to proceed with the appraisal of Breezy
Ridge Estates properties, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
(s)
COMMISSION COMMENTS.
The City Commission had no comments.
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02/26/02
The City Manager noted that the Commission should have received the January
Financial Report. The City Manager stated in December staff projected potentially running into
a deficit this year because of the revenues from the Communication Service Tax. In
communicating with Department of Revenue over the last month, the City Manager stated these
issues have been resolved and the City Treasurer is projecting a surplus of approximately
$120,000.
Mayor Schmidt declared the Special Meeting adjoumed at 6:15 p.m.
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special Meeting of the City Commission held on February
26, 2002, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval, which may involve amendments, additions or deletions.
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02~6~2
MARCH 5~ 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt at Pompey Park Recreation Center, 1101 N.W.
2nd Street at 6:00 p.m., Tuesday, March 5, 2002.
Roll call showed:
Present -
Absent -
Also present were -
2-- The opening prayer
Baptist Church.
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Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor David W. Schmidt
Commissioner Jeff Perlman
City Manager David T. Harden
City Attomey Susan A. Ruby
City Clerk Barbara Garito
was delivered by Pastor Klay Aspinwall with Lakeview
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Mayor Schmidt stated as noted by the City Attorney Item 10.B., Ordinance No.
6-02 will not be conducted as a quasi-judicial heating.
Mr. Levinson moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
APPROVAL OF MINUTES:
19, 2002,
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes.
passed with a 4 to 0 vote.
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Ms. McCarthy moved to approve the Minutes of the Regular Meeting of February
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Said motion
PROCLAMATIONS:
Days Remembrance - Holocaust
Mayor Schmidt noted a proclamation hereby proclaiming the week of Sunday,
April 7 through Sunday, April 14, 2002 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
proclaim that we, as citizens of the City of Delray Beach, Florida, should strive to overcome
intolerance and indifference through learning and remembrance.
6.B. Recognizing and designating April 2002 as "Read Together Palm Beach
Coun ,ty Month"
Mayor Schmidt noted a proclamation hereby proclaiming April 2002 as Read
Together Palm Beach County Month in the City of Delray Beach, Florida, and call upon all
citizens, business firms, and organizations to join in with active participation, support, and
encouragement.
PRESENTATIONS:
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2000/2001 Comprehensive Annual Financial Report - Ernst & Young
Mike Pattillo, Senior Manager with Ernst & Young, thanked Joe Safford,
Finance Director, and Milena Walinski, Assistant Finance Director, along with the Finance
Department staff for all of their assistance and support with the Comprehensive Annual Financial
Report. Mr. Pattillo gave a brief overview of the 2000/2001 Comprehensive Annual Financial
Report (CAFR) and highlighted some specific items in the report. Mr. Pattillo read the following
statement into the record from Page 1, Financial Section of the Comprehensive Annual Financial
Report.
"In our opinion, based on our audit and the reports of the other
auditors, the general purpose financial statements referred to above
present fairly, in all material respects, the financial position of the
City of Delray Beach, Florida, as of September 30, 2001 and the
results of its operations and the cash flows of its proprietary fund
types for the year then ended, in conformity with accounting
principles generally accepted in the United States."
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CONSENT AGENDA: City Manager Recommends Approval.
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CLEARBROOK HOMEOWNERS ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and Clearbrook
Homeowners Association for Community Policing on its property.
8.B. LICENSE AGREEMENT/FLORIDA TELEPORT~ INC.: Approve of a
license agreement between the City and Florida Teleport, Inc. (FTI) for the construction of a
pipeline across the Intracoastal Waterway.
8.C. COMMAND SECURITY CORPORATION AGREEMENT: Approve an
agreement between the City and Command Security Corporation for off-duty police work for the
City's Police Department.
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03/05/02
8.D. JOINT APPLICATION DEVELOPMENT AGREEMENT/GOVERNMENT
TECHNOLOGY RESOURCES~ INC.: Approve an agreement between the City and
Government Technology Resources, Inc. for the development of a web-enabled soft:ware
package for Community Improvement in the amount of $25,000. Funding is available from 334-
6112-519-66.10 (Software).
8.E. LANDSCAPE MAINTENANCE AGREEMENT/THE ESTUARY II:
Approve a landscape maintenance agreement between the City of Delray Beach and Scott Porten
for The Estuary II, located on Royal Palm Boulevard, east of North Federal Highway.
8.F. TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve
additional turtle monitoring services with John Fletemeyer associated with the 4th Beach
Renourishment project in the amount of $13,680 for a total project cost of $27,304.20. Funding
is available from 332-4164-572-34.90 (Other Contractual Services).
8.G. RESOLUTION NO. 18-02: Approve Resolution No. 18-02 assessing costs for
action necessary to abate nuisances on twenty-five (25) properties throughout the City.
The caption of Resolution No. 18-02 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) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING 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 ABATEMENT OF
NUISANCES; PROVDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 18-02 is on file in the City Clerk's office.)
8.H. CHANGE ORDER NO. 2/FINAL PAYMENT/WEEKLEY ASPHALT
PAVING~ INC.: Approve Change Order No. 2 in the amount of $29,831.07 and final payment
in the amount of $29,977.83 to Weekley Asphalt Paving, Inc. for the completion of the 2000
Road Bond Resurfacing project. Funding is available from 370-3162-541-65.40 (2000 Roadway
Bond/Resurfacing).
8.1. CHANGE ORDER NO. 1/FUSIVE (CITY WEB SITE): Approve Change
Order No. 1 in thc amount of $42,263.00 for professional services by Fusivc for the next phase
of thc development of the City's official websitc. Funding is available from 334-6111-519-31.90
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03/05/02
(Other Professional Services).
8.J. CONTRACT ADDITION/LINE-TEC, INC.: Approve a contract addition for
water service relocations for three separate areas within the City of Delray Beach to Line-Tee,
Inc. in the amount of $23,300. Funding is available from 442-5178-536-65.50 for $11,800.00
(SE-SW Area) and 442-5178-536-61.78 for $11,500.00 (Water District Improvements).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period February
18, 2002 through March 1, 2002.
8.L. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
to rescind Housing Rehabilitation grant\contract award to Hatcher Construction for non-
performance and re-award to South Florida Construction (44 NW 8th Avenue) through
Community Development Division in the amount of $21,483.00 to South Florida Construction.
Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant).
g,M.
AWARD OF BIDS AND CONTRACTS:
Approve purchase from Maroone Ford in the amount of $16,021.36 in
repair services for police vehicle #0007. Funding is available from 501-
3311-591-52.52.
Mr. Levinson moved to approve the Consent Agenda, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mrs. Archer- Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
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REGULAR AGENDA:
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REQUEST FOR IN-LIEU PARKING SPACES/MANAGEMENT
SYSTEMS: Consider a request by Management Systems for the purchase of three (3) in-lieu
parking spaces in the amount of $18,000. Management Systems is located on the southwest
comer of NE 1st Avenue and NE 2nd Street in the Old School Square Historic Arts District
(OSSHAD).
Scott Aronson, Parking Management Specialist, stated Management Systems is a
proposed 2,400 square foot, two-story office building located on the southwest comer ofN.E. 1st
Avenue and N.E. 2nd Street in the Old School Square Historic Arts District (OSSHAD). The
proposed site plan includes five (5) on-site parking spaces. The applicant is seeking to purchase
three (3) in-lieu parking spaces in accordance with Section 4.6.9(E)(3)(b)(3) of the LDR. Mr.
Aronson stated LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees due, where adequate
right-of-way exists adjacent to a proposed project the applicant must construct additional on-
street parking. The applicant proposes to construct two (2) on-street parking spaces along N.E.
1 st Avenue and will seek reimbursement for a portion of the in-lieu parking fee.
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03/05/02
At its meeting of February 26, 2002, the Parking Management Advisory Board
unanimously recommended approval of the applicant's request.
Prior to the roll call, Ms. McCarthy asked what it would cost to provide two
parking spaces on the street. In response, Mr. Aronson stated in the past two parking spaces cost
about $4,000-$5,000 per space. Mr. Aronson commented that he does not have the current cost
estimates but he can get those figures.
Ms. McCarthy commented that this is the second City Commission Meeting in a
row where there have been requests for in-lieu fees and inquired whether there is any altemative
parking for this building. In response, Mr. Aronson stated across the street from the site is the
Banker's Row parking lot and this lot usually has spaces available during the day.
Mr. Levinson moved to approve the request by Management Systems for the
purchase of three (3) in-lieu parking spaces per LDR Section 4.6.9(E)(3)(b)(3), seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer-
Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes. Said motion passed with a 4 to 0 vote.
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IN-LIEU OF PARKING FEE AGREEMENT/OUTSIDE THE BOX~ INC.:
Consider a request from Outside The Box, Inc. to enter into an in-lieu of parking fee agreement
for two (2) parking spaces previously approved for Caf6 Veri Amici, located at 189 NE 2nd
Avenue.
Scott Aronson, Parking Management Specialist, stated at its meeting of February
5, 2002, the City Commission approved the purchase of two (2) in-lieu parking spaces for Caf6
Veri Amici located at 189 N.E. 2na Avenue (Pineapple Grove Way). Outside The Box Inc., the
owner of the property where Caf6 Veri Amici is located, is requesting to enter into an in-lieu
Parking Fee Agreement for the two (2) spaces previously approved for Caf6 Veri Amici.
At its meeting of February 26, 2002, the Parking Management Advisory Board
unanimously recommended approval to allow Outside The Box Inc. to enter into an in-lieu
Parking Fee Agreement.
Mrs. Archer inquired whether or not this would mean the owner of the building
entering into this agreement would be responsible for the full payment of the fees over a period
of time. In response, Mr. Aronson informed Mrs. Archer that she understands this correctly.
Mrs. Archer moved to approve the request from Outside The Box, Inc. to enter
into an in-lieu parking fee agreement for two (2) parking spaces, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
9.C. MODIFICATIONS TO CONTRACT FOR FUNDING RELATING TO THE
4t---~BEACH NOURISHMENT PROJECT: Consider approval of the modifications to the
contract for the 4th Beach Renourishment project to include an additional 100,000 cubic yards of
sand material to be placed on the beach to accommodate erosion losses since the project design.
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Dan Marfino, Principal Planner, stated this item relates to the modification of the
original contract approved by the City Commission on December 11, 2001. Mr. Marfino stated
the original contract called for 1.1 million cubic yards of sand and this modification is for
100,000 cubic yards bringing the contract total to 1.2 million cubic yards. The additional
100,000 cubic yards of sand material is expected to cost an additional $260,000. Mr. Marfino
stated funds for this additional volume can be accommodated through short term financing with
the entire cost of the contract later reimbursed from Federal, State and County appropriations.
Mr. Marfino stated staff recommends approval of the modifications to the contract.
Ms. McCarthy moved to approve the modifications to the contract for funding
relating to the 4th Beach Renourishment Project, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mrs. Archer- Yes. Said motion passed with a 4 to 0 vote.
9.D. GRAFFITI REMOVAL/OCEAN BOULEVARD: Consider policy for removal
of graffiti located on the east side sidewalk along Ocean Boulevard.
The City Manager stated staff has received a request from Mr. Jim Smith for
graffiti removal on the sidewalk along A-1-A. The City Manager explained a lot of the graffiti is
initials and things that were pressed into the concrete while it was wet. The City Manager stated
it has not been the City's practice in the past to redo these types of markings unless the markings
are obscene or vulgar language or there was so much that it defaced the whole slab. Mr. Smith is
also asking that the City remove some survey markings that usually disappear in a few months.
The City Manager stated a certain type of paint is used that normally withers away. However,
the City Manager stated Mr. Smith has contacted him since this and indicated that there are two
or three markings that have been there for over a year. The City Manager stated maybe the
incorrect paint was used and the City can certainly take care of removing these markings. As a
general rule the City waits until the survey markings wither away, therefore, staff needs direction
from the Commission whether the City should continue in this manner or change its practice.
Mr. Levinson stated the issue when concrete is poured is someone has to
physically be there until the cement is cured. Mr. Levinson asked if there is a program where
Mr. Smith or someone from the Beach Property Owners' Association (BPOA) could help the
City monitor the area to make sure no one scratches initials or words in the wet cement once the
City pays $50 to replace this section of the sidewalk. The City Manager stated there is no such
program currently in place, but the City could certainly look into this. Mr. Levinson stated
because of the particular location being adjacent to the pavilion, Mr. Levinson feels $50.00 may
be a good investment in preserving the good quality of the beachfront.
Mayor Schmidt stated he does not object to this particular request but commented
in the five years he has been on the City Commission, this is the only complaint he has ever
received about graffiti on the beach sidewalk. Mayor Schmidt stated he does not feel it is
considered to be an overwhelming problem by the residents and cannot justify spending the
money or staff time to take out sections where someone may have wrote their initials.
Mrs. Archer stated she concurs with removing the graffiti adjacent to the pavilion.
However, Mrs. Archer stated unless it is marked in accentuated colors, she too does not see any
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reason at this time to spend additional money to do anything with the other markings. Mrs.
Archer stated she would support removal only if the marking(s) were in an exceptionally visible
position.
Ms. McCarthy stated she would like to reiterate the statement "at this time"
because there are some new developments with sidewalks and if the Commission sees a change
in the trend, then she would like to be able to reconsider it. However, Ms. McCarthy stated at
the present time $50 seems appropriate for this particular request.
It was the consensus of the Commission that at the present time they are
comfortable with the current policy and agree to replace the 3' x 5' cement slab adjacent to the
pavilion.
9.E. HIGHLAND BEACH RESIDENTS/TENNIS CENTER RATES: Consider
approval of a reduced non-resident membership rate at the Delray Beach Tennis Center for
residents of the Town of Highland Beach.
Mayor Schmidt stated he was contacted by the Mayor of Highland Beach because
they have had a number of residents that were members of the Delray Beach Tennis Center who
cancelled their memberships when the City raised the rates this year. The Mayor of Highland
Beach asked Mayor Schmidt if he would be willing to accommodate them with a membership
rate for Highland Beach residents. Mayor Schmidt stated he met with Mr. Dubin and Mr.
Barcinski and came up with a compromise which would require a minimum of ten people to sign
up for this membership in order to get this special rate.
Prior to the vote, Mr. Levinson stated he feels the same way about this as he did
about the discount rate offered to Palm Beach County people at the golf club. Mr. Levinson
stated Palm Beach County does not subsidize the golf club in any way and felt it was not a
compensating issue to offer that rate. Mr. Levinson stated the City does not have anything that is
particular unique with Highland Beach and expressed concern that if ten people from another
group were to have a similar request, would the City make the same accommodation (i.e. Gulf
Stream or unincorporated Palm Beach County). Mr. Levinson stated he wants to make sure that
this is being done because there is reason or rationale for it and not just because the City of
Delray provides fire services to Highland Beach.
Mayor Schmidt stated with the exception of Gulf Steam and Manalapan, there
probably are not other towns that do not have facilities that their residents could join. Therefore,
Mayor Schmidt stated he does not feel it would be opening up a "Pandora's Box" by approving
this request for Highland Beach residents.
Mrs. Archer inquired about how this fee compares to what the residents of Delray
pay. In response, Mayor Schmidt stated the residents of Delray pay $400.00 for a family
membership. Therefore, Mayor Schmidt stated the fee for residents of the Town of Highland
Beach will be the difference split between the resident and non-resident rate.
Ms. McCarthy moved to approve a reduced non-resident rate at the Delray Beach
Tennis Center for residents from the Town of Highland Beach, seconded by Mrs. Archer. Upon
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roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs.
Archer - Yes; Mr. Levinson - No. Said motion passed with a 3 to 1 vote.
9.F. REQUEST TO REDUCE LIENS/CHARLES RIDLEY: Consider a request
from Mr. Charles Ridley to waive the interest and administrative fees in the amount of $2,694.37
assessed for a building demolition on property he inherited. One property is located at 137 SW
12th Avenue and a vacant lot located at 110 SW 12th Avenue. Mr. Ridley is prepared to pay the
remaining lien of $4,847.02, which includes all of the City's out-of-pocket expenses, plus fees
and interest on all nuisance abatement liens.
Richard Bauer, Code Enforcement Administrator, stated this is a request to reduce
the amount of interest and administrative fees assessed to property Mr. Ridley inherited. Mr.
Bauer stated Mr. Ridley is prepared to pay the remaining balance.
Mr. Levinson stated it is important to note that in the past the Commission at
times has waived the entire lien and feels this proposal actually benefits the City more than the
traditional relationship with these kinds of situations.
Mrs. Archer commented that she is aware of several instances where the
Commission has forgiven more than just the interest of settling debt. Therefore, Mrs. Archer
stated in this instance she would support the request.
Ms. McCarthy moved to approve the request to waive the interest and
administrative fees in the amount of $2,694.37, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.G. DOCKING LICENSE/LADY LUCILLE CRUISES: Consider a request from
Lady Lucille Cruises for a license to operate from Veterans Park up to 12 times per year.
Mayor Schmidt suggested delaying this item for a week.
The City Manager stated it appears that there are at least four or five other boats
similarly situated that operate from time to time which raises the concern that all of them would
have to be treated equally. The City Manager stated staff's recommendation is that the request
for additional dockage be denied.
Mrs. Archer stated she has been to Veteran's Park numerous times, but seldom
sees boats docked there. Mrs. Archer stated she concurs with the comments expressed by the
City Manager and stated she certainly does not want to set a precedent for other boats.
Mr. Levinson asked the City Attorney if the City has reviewed the particular boat
that has been brought to Delray as to whether or not they are in compliance with the agreement.
The City Attorney explained that this particular boat has complied with everything thus far.
Mrs. Archer stated she thought there was a requirement as to the number of
passengers the boat could carry. Mrs. Archer stated she is concerned because the boat is located
in Deerfield Beach and asked if they are shipping people to Deerfield Beach and operating the
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larger boat there and parking the smaller boat here in Delray. Mrs. Archer stated she has never
seen anyone load the boat from Delray. In response, Mr. Shutt stated it is his understanding that
people load and depart from Delray and are taken to Deerfield Beach for lunch or dinner then
brought back to Delray.
Ms. McCarthy moved to deny the request from Lady Lucille Cruises for a license
to operate from Veteran's Park up to 12 times per year, seconded by Mrs. Archer. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes. Said motion to deny passed with a 4 to 0 vote.
9.H. APPOINTMENT OF ASSISTANT CITY ATTORNEY I: Appoint Terdll
Collete Pyburn, Esq. for the position of Assistant City Attorney ! effective March 11, 2002.
The City Attorney introduced Terrill Collette Pyburn, Esq. who has been selected
for the position of Assistant City Attorney I effective March 11, 2002.
Mrs. Archer moved to appoint Terrill Collete Pyburn for the position of
Assistant City Attorney I per the conditions as outlined in the City Attorney's memo, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0
vote.
9.I. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board to fill an unexpired term ending July 31, 2002. Based on the
rotation system, the appointment will be made by Mayor Schmidt (Seat #5).
Mayor Schmidt moved to appoint Cheryl Lee-Bennett as a regular member to
the Education Board to fill an unexpired term ending July 31, 2002, seconded by Ms.
McCarthy. Upon roll the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt
- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 6:50 p.m., the Commission moved to Item 11,
Comments and Inquiries on Non-Agenda Items.
ll.A.
CiW Manager's response to prior public comments and inquiries.
With regard to a concern expressed by Mr. Milosky about dirt coming from The
Estuary Development, the City Manager stated Code Enforcement has been in touch with the
Superintendent of Construction considering the need to keep the dirt piles wet. The City
Manager stated they are monitoring the situation and are doing everything they can to minimize
any nuisance to the adjacent residential units.
Secondly, with regard to a similar concern expressed by Mr. Vocaturo regarding
the Tate Property, the City Manager stated staff is handling this situation in a similar manner.
The City Manager stated staff has been in touch with the current owners and they are trying to
keep the dirt piles wet so that the blowing dust and dirt is minimized.
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With regard to a concern expressed by Mr. Gray from the Regular City
Commission Meeting of February 5, 2002, the City Manager stated Mr. Gray expressed some
concerns for the Delray Shores neighborhood. The City Manager stated Mr. Gray's concems
were regarding drug activity, juvenile loitering at the Dollar Saver Store, sales of beer and
cigarettes to juveniles, and the need for enhanced Police enforcement. The City Manager stated
the City has established extra patrols at the Dollar Saver Store since the 1 st of the year and the
owner has been advised with reference to "No Trespassing" signs on his property. The Board for
the neighborhood has been advised to invite the property owner and the store operator to the
homeowners' association meeting to further discuss their concerns. The owner has also been
advised about juveniles loitering in and around the store and the need for the clerks to be
proactive and call Police. The City Manager stated the owner was asked to move adult videos
and magazines to an inconspicuous area. Exterior lighting is being checked for favorable
conditions and the owners have been aware that they are going to be held accountable for any
criminal activity that occurs on their property. An officer from each shift has been assigned to
the area and will report their findings biweekly. One arrest was made on February 22, 2002, at
2200 Lake Ida Road for possession of drugs and resisting arrest. Several covert attempts have
been made to buy alcohol or cigarettes by under age persons at the Dollar Saver Store and have
yielded negative results. Several covert attempts have been made to buy illegal drugs and have
also yielded negative results. The City Manager stated Mr. Gray and the Board of the
homeowners' association have been informed that the City would continue with its efforts to
address their concerns but would need the help of the neighborhood as well.
ll.B.
From the Public.
ll.B.1. McCall Rosenthal, 817 N. Lake Avenue (La Hacienda), distributed a letter to
Mayor Schmidt and Vice-Mayor McCarthy regarding Thc Estuary and the non-fulfillment of
some promises that were made which need to bc addressed before the construction begins for
Phase II.
Secondly, Ms. Rosenthal thanked Commissioner McCarthy, Chief Schroeder, and
all those involved for resolving the drug situation in her neighborhood.
ll.B.2. Wend¥ Mortimer~ Secretary. for Representative William Andrews, read into
the record and distributed a letter to thc Commission from Representative Andrews regarding his
motives on issues before thc Legislature that will affect thc City of Dclray Beach (attached is a
copy hereto and made an official part of the minutes).
11.B.3. Alice Finst~ 707 Place Tavant~ thanked Commissioner McCarthy for her efforts
regarding the drug situation next door to Ms. Rosenthal.
Secondly, Mrs. Finst stated West Park Baptist Church on Lake Ida Road is being
used as a polling location and requested for City staff to be there the day of the election. Mrs.
Finst feels since people will be turning into this location to vote from both directions (north and
south), it will help to make it much safer if City staff were there to help.
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With regard to the Atlantic High School issue, Mrs. Finst stated she cannot
understand why no one has addressed the fact that there was a high school and a middle school
on this property which coexisted for up to 40 years and now it is inappropriate to have the high
school and middle school existing on the same property.
ll.B.4. Jim Smith~ 1225 S. Ocean Boulevard~ stated the City Commission made the
right decision when they established the Citizens Residents Academy and commended them for a
job well done. Mr. Smith stated there are citizens like himself who are looking to make a
contribution to the City as a non-paid volunteer. He urged the City Commission to take the next
step in the process and suggested that the City Commission ask the City Manager to form a
"Citizens Council". Furthermore, Mr. Smith stated the Citizens Council could hold a monthly
meeting to serve the purpose of establishing another review process of capital expenditures and
provide the citizens with a forum.
ll.B.5. John Bennett~ 137 Seabreeze Avenue~ expressed concern over waste
management, specifically the condition of the grassy areas east of A-1-A. Mr. Bennett stated he
recently noted a grand total of seven piles of dog waste which he personally picked up and threw
away.
Secondly, Mr. Bennett noted that the first station for the doggie bags is
approximately three-tenths of a mile down the walk and suggested that there be a station for
doggie bags at the north end of the beach for those people who do not come prepared. In
addition, Mr. Bennett stated the trash cans end about two-tenths of a mile from the north end of
the beach and suggested that there be at least one more trash can put in this area so when people
have waste to dispose of they do not have to walk such a long distance.
Mr. Bennett stated for approximately two years the trash can at the shelter on
Laing Street was replaced with a metal trash can and asked if it would be possible to get a
replacement.
Comments and Inquiries on Non-Agenda Items.
13.A. CiW Manager.
The City Manager responded to Mrs. Archer's inquiry whether the Hannah
Glover had the appropriate coast guard certification and commented that he received a letter
dated February 8, 2002, from the coast guard's Miami office stating that they are appropriately
certified and have their certificate of insurance.
Secondly, the City Manager stated High Point West has asked again for a signal
study at Barwick Road and N.W. 3rd Street and explained that the County has completed a
study. The City Manager stated the study results indicate that neither the main street nor the side
street traffic volumes meet the warrants for signalization. Also, the accident data revealed that
there were no accidents susceptible to correction by signalization reported within the most recent
12 months. Therefore, the City Manager stated installation of a traffic signal at this intersection
is not recommended.
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03/05/02
With regard to the concern expressed by Mr. Bennett, the City Manager stated
staff has talked with the Police Department staff as well as the Parks and Recreation staff to
determine whether complaints have been filed regarding the disposal of dog waste. The City
Manager stated although the City has not received any formal complaints, some of the
Commissioners may have received complaints conceming failure to clean up animal waste. The
City Manager stated the only complaint the lifeguards have received since the ordinance change
is that there have been more people trying to bring their dogs on the beach. The City Manager
stated Parks maintenance reported that they have found less dog waste in the grass area since the
dog ordinance has been put into affect and the disposal bags provided.
The City Manager commented about Representative Andrews' letter and stated
that there was a referendum on the library relocation.
13.B. Ci.ty Attorney.
The City Attomey welcomed Terrill Collete Pybum who has been hired as the
new Assistant City Attorney I.
13.C.
Ci.ty Commission.
13.C.1.
Commissioner Archer
Mrs. Archer thanked the City Manager for his response regarding the dog waste
and feels that there may be fewer surprises on the beach side because of Mr. Bennett patrolling
the area.
Secondly, Mrs. Archer stated she received a complaint from one of the citizens
who lives off Lake Ida Road fairly close to 1-95 who had seen some problems with homeless
people camping in the southeast empty lot. Mrs. Archer stated she reported this to the Police
Department and commended them for their quick response in making a determination as to
whether or not there was an existing problem. Furthermore, Mrs. Archer stated the Police will
continue to monitor this area.
13.C.2.
Mayor Schmidt
Mayor Schmidt stated he will be responding to Representative Andrews in writing
and commented the three issues mentioned in his letter have been "kicked around" for months in
the City. Mayor Schmidt stated he is rather surprised that Representative Andrews has stepped
forward at the last minute on all three issues to intervene, but to his knowledge has never
discussed any of these items with the City.
13.C.3.
Commissioner McCarthy
Commissioner McCarthy had no comments or inquiries on non-agenda items.
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13.C.4. Commissioner Levinson
With regard to Representative Andrews' letter, Mr. Levinson stated it is not only
an insult to his intelligence, but is an insult to the other 60,018 people who live in the City. As
the Mayor stated in the case of the Boca Raton Airport, Mr. Levinson stated the Delegation, long
before the session started, dealt with this issue and voted 10-2 to support this issue. Mr.
Levinson stated there was compromise language which was supported by the City of Boca,
Deerfield, Highland Beach, and Delray. However, Mr. Levinson stated in his personal infinite
wisdom, Mr. Andrews decided he knew more than everyone else.
Secondly, regarding the library issue, Mr. Levinson commented it was only a year
ago that there was a library referendum which passed 87-13% (give or take) that said move the
library. Mr. Levinson commented in Mr. Andrews' letter, he stated "I ran into several residents
that had strong objections to the relocation of the library." Mr. Levinson stated in the infinite
wisdom of Mr. Andrews, this appears to be more important than the referendum which was held
a year ago. Mr. Levinson stated it is ludicrous and an insult if Mr. Andrews is going to hold up a
half million dollars worth of funding for the Delray Beach Library because he is annoyed over
the decision made regarding the denial of his rezoning request by the City Commission.
With regard to the Atlantic High School issue, Mr. Levinson stated this has been
going on for ten years and Representative Andrews never raised an issue. Mr. Levinson stated
he agrees with Representative Andrews in regards to wanting smaller schools, but stated the
problem is Representative Andrews and the rest of the Legislature has not provided funding for
this to the local government. Mr. Levinson reiterated that he is thoroughly annoyed by the
behavior of Representative Andrews and feels it is very inappropriate.
Mr. Levinson stated he received a letter from the University of Miami on behalf
of the Chamber of Commerce and stated they are offering a Saturday MBA program for
professionals in Delray Beach at the Office Depot Headquarters. Mr. Levinson stated it is
terrific to have the University of Miami believe enough in the professional people who live in the
community to offer an MBA program.
At this point, the Commission moved to the duly advertised Public Hearings
portion of the agenda.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 8-02 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Appendix "A"
Definitions to add a definition for bedrooms. 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. 8-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
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DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING APPENDIX "A",
"DEFINITIONS", TO ADD THE DEFINITION OF
"BEDROOM"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTWE DATE.
(The official copy of Ordinance No. 8-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Dan Marfino, Principal Planner, stated at its meeting of February 19, 2002, the
City Commission voted unanimously to pass this ordinance and staff recommends approval for
second reading.
Mayor Schmidt declared the public hearing open.
Alice Finst, 707 Place Tavant, stated she understands this ordinance which will
assure that two parking spaces will be required in a one bedroom unit if the second room is
declared a bedroom. Mrs. Finst expressed concern over the City's interpretation of the code as it
relates to the number of people living in a domicile. Mrs. Finst asked for clarification as to how
this extrapolates into single family living and what protection the City has adding two more
people to a small house.
Michael Weiner~ Attorney, 102 N. Swinton Avenue, urged the Commission to
delay voting on this particular ordinance because he feels there has not been sufficient
explanation as to why there has to be a change to the ordinance.
Discussion between staff and the Commission followed.
Dan Marfino, Principal Planner, stated with respect to applications for single-
family homes this only applies to multi-family homes. Mr. Marfino stated if there is a secondary
bedroom then it would increase to another square footage area and would require the apartment
to be larger in the design. Mr. Marfino stated it is not designed to fit more people in a smaller
space, but is designed to make a more appropriate space if there is a possibility of there being a
bedroom.
Mr. Levinson stated he feels it is a valid point to review the statute that deals with
habitation particularly as it relates to single-family homes, but also for multi-family as well. Mr.
Levinson suggested that the City readdress the policy regarding the number of unrelated people
living in the same household.
Mrs. Archer suggested the Commission postpone this item and review it instead
of making a decision now.
The City Manager stated Mrs. Finst's comments deals with two separate issues.
The City Manager stated the ordinance this evening relates to parking spaces and the size of
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units. He continued to state Mrs. Finst is concerned about how the housing code applies in
determining whether a unit is overcrowded and is an issue which would need to be dealt with
separately.
There being no one else who wished to address the Commission regarding
Ordinance 8-02, the public heating was closed.
Mr. Levinson moved to adopt Ordinance No. 8-02 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 3 to 1 vote.
10.B. ORDINANCE NO. 6-02: An ordinance amending the Future Land Use Map
(small scale) from GC (General Commercial) to MD (Medium Density Residential 5-12 du/ac)
for a 0.763 acre parcel of land for Palm Grove Village, located at the northeast comer of Royal
Palm Boulevard and North Federal Highway. 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. 6-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP FROM GC (GENERAL
COMMERCIAL) TO MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC) FOR A 0.763 ACRE PARCEL
OF LAND FOR PALM GROVE VILLAGE AS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 6-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Dan Marfino, Principal Planner, stated the applicant proposes to aggregate the
subject property with additional property to the east and on the south side of Royal Palm
Boulevard in order to develop a residential development with a mix of 34 single family and 12
multiple family residential units on a total of 4.623 acres.
At its meeting of January 28, 2002, the Planning and Zoning Board held a public
heating in conjunction with the request and after discussion the Board voted 7-0 to recommend
approval based upon positive findings with respect to Future Land Use Element Policy A-1.7 of
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the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings),
and the Goals, Objectives, and Policies of the Comprehensive Plan.
Mayor Schmidt declared the public hearing open.
McCall Rosenthal, 817 N. Lake Avenue (La Hacienda), stated at the Planning
and Zoning Board Meeting, residents were told that there is going to be a park built in the area as
a gift to the neighborhood. Ms. Rosenthal expressed concern over the timetable for the park and
other projects. Ms. Rosenthal stated she would like to see the promises fulfilled and asked if the
City has a system where she could report that these promises are not being fulfilled.
Diane Dominguez~ CRA Director~ stated the North Federal Highway
Redevelopment Plan calls for a neighborhood park to be somewhere in the area. Ms. Dominguez
stated the CRA has monies allocated for some improvements for North Federal Highway and are
working with the developers of the project. Ms. Dominguez stated there are not many vacant
lots left in the area. Ms. Dominguez stated one lot has been identified and the CRA is also
looking at adjacent property. Ms. Dominguez stated the park is going to be a "tot lot" and will
be something small to serve the neighborhood. Ms. Dominguez stated there is a possibility of a
bike path to help solve some of the problems. With regard to a timeframe, the developers will
have to acquire the lot because this is in-lieu of paying a $500.00 per unit recreation fee which is
typically required from residential developers. She continued to state with regard to a timeframe
for the park, this could be a couple of years.
There being no one else who wished to address the Commission regarding
Ordinance No. 6-02, the public hearing was closed.
Prior to the vote, Ms. McCarthy inquired about the $500 per unit fee and whether
or not this amount has been waived for the developer. In response, Ms. Dominguez stated when
a developer is developing a residential project, they are required to donate land or as an
alternative they can pay an impact fee of $500 per unit.
Mayor Schmidt inquired about the timetable for the acquisition. In response, Ms.
Dominguez stated this would have to be part of the site plan approval.
With regard to the site plan for North Federal Highway which incorporated bike
paths, Ms. McCarthy asked if this is something that will be forthcoming. In response, Ms.
Dominguez stated the bike path is required by The Estuary development and is a way of
connecting the neighborhoods. Ms. Dominguez explained that the bike path is on the plat and
the developer is required to incorporate the bike path.
Dan Marfino stated the approvals for Estuary Phase II are contingent upon
finishing Estuary Phase I. The wall is estimated to be complete around mid-May prior to the
issuance of the last Certificate of Occupancy (CO) on the residential unit in Estuary Phase I.
After discussion, Mrs. Archer moved to adopt Ordinance No. 6-02 on Second and
FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
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Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 7-02: An ordinance rezoning from GC (General
Commercial) in part, RM (Multiple Family Residential-Medium Density) in part, and RL
(Multiple Family Residential-Low Density) in part to PRD (Planned Residential Development)
for 4.623 acres for Palm Grove Village, located on the north and south sides of Royal Palm
Boulevard, east of North Federal Highway. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
(Quasi-Judicial Hearing)
The City Manager presented Ordinance No. 7-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZON1NG AND PLACING
LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL)
DISTRICT IN PART, RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) IN PART, AND RL
(MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) IN
PART TO PRD (PLANNED RESIDENTIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED ON THE
NORTH AND SOUTH SIDES OF ROYAL PALM
BOULEVARD, EAST OF NORTH FEDERAL HIGHWAY, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2001";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 7-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mayor
Schmidt stated he met with the developers before they made their submission. Mrs. Archer, Mr.
Levinson and Ms. McCarthy stated they had no ex parte contacts.
The City Attomey stated this item will be conducted as a quasi-judicial hearing,
which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
Barbara Garito, City Clerk, swore in the following individual who wished to give
testimony on this item.
Dan Marfino, Principal Planner, entered into the record the Planning and Zoning
Department's project file #2002-059 into the record. Mr. Marfino stated at its meeting of
-17-
03/05/02
February 19, 2002, the City Commission passed the ordinance unanimously on first reading and
staff recommends approval of this ordinance on second reading.
Mr. Levinson moved to adopt Ordinance No. 7-02 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
10.D. ORDINANCE NO. 9-02: An ordinance amending Land Development
Regulations Section 5.3.1 .(D)(4)(a) changing appeals of required right-of-way dedications from
the Board of Construction Appeals to the City Commission. 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. 9-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING ARTICLE 5.3,
"DEDICATION AND IMPACT REQUIREMENTS",
SECTION 5.3.1(D)(4), "REDUCTION IN WIDTH", TO
REFER AN APPEAL OF A RIGHT-OF-WAY DEDICATION
REQUIREMENT TO THE CITY COMMISSION;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 9-02 is on file in the City Clerk's office.)
The City Attomey 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.
Dan Marfino, Principal Planner, stated this amendment is being processed to refer
an appeal of a fight-of-way dedication requirement to the appropriate approving body, the City
Commission, rather than the Board of Construction Appeals.
At its meeting of January 28, 2002, the Planning and Zoning Board held a public
hearing regarding this item and after discussion the Board voted 7-0 to recommend approval of
the proposed text amendment based upon positive findings with respect to LDR Section
2.4.5(M).
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance 9-02, the public hearing was
closed.
Mrs. Archer moved to adopt Ordinance No. 9-02 on Second and FINAL Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy -
-18-
03/05/02
Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
10.E. ORDINANCE NO. 10-02: An ordinance amending Ordinance No. 59-01 to
make clear the intent of that ordinance that suits against the City will also cause extensions on
development approvals. Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public heating has been scheduled to be held at this time.
The City Manager presented Ordinance No. 10-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 2.4.4,
"GENERAL PROCEDURES PERTAINING TO APPROVAL
OF LAND USE AND DEVELOPMENT APPLICATIONS",
SUBSECTION (F), "EXTENSIONS", BY AMENDING
PARAGRAPH (4), "LITIGATION PREVENTING
CONSTRUCTION", TO PROVIDE FOR EXTENSIONS
WHEN LITIGATION IS FILED AGAINST THE CITY TO
PREVENT CONSTRUCTION RELATING TO A
DEVELOPMENT APPROVAL; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 10-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public heating open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 10-02, the public
heating was closed.
Mr. Levinson moved to adopt Ordinance No. 10-02 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
12.
at 7:30 p.m.
FIRST READINGS:
None.
There being no further business, Mayor Schmidt declared the meeting adjourned
-19-
03/05/02
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 5, 2002,
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.
-20-
03/05/02
Reply to:
"~ 33 NE 4th A~,enue
Delra.~ Beach. Fl 33483
(561) 279-1616
2 402 South Monroe Street
1302 lhe Cap~tol
Tallahassee. Florida 32399-1300
1850) 488-2234
Florida House of Representatives
William F. Andrews
Representative. 87th Dxstnct
Committees:
Worktbrce & Techmcal Skdls.
Chart
Transponanon &
De~,elopment. Vtce Chair
Transportation
House Red~str,cnng
Courted for Lifelong Learning
March 4, 2002
To: The Ma:~or and City Commission of Deiray Beach
This letter is in response to your comments regarding my motives on issues before the legislature
that will effect the city. 1 will address each issue separately.
First, the Boca Raton Airport issue: It should be noted that the Boca Raton Airport is located in
my Legislative District, and that legislation proposed ~o years ago and the current proposed
legislation were sponsored by members who do not represent Boca Raton. Two years ago I was
drawn into this issue as a result of a Local Bill submitted by Senator Klein and Representative
Curt Levine. At that time, I studied the flight paths, noise and other areas of concern, and the
legislation that passed expanded the representation of the Boca Raton Airport Authority to
include members who live outside the city limits. The Local Bill this year, sponsored by
Representative Ann Gannon, again proposed to change the makeup of the Authority, based
primarily on the issue of noise. I have again studied the issue, and determined that it is not
appropriate at this time to make further changes to the Authority. The new tower and installation
of radar should ensure that planes are in compliance with FAA flight plans, and they provide the
needed tools to document any inappropriate actions by pilots. If the radar does not make the
airport a "good neighbor," I can assure you that the Legislature will act, and the members of the
Authority and the City are well aware of this fact. They understand that they need to make sure
that flight paths are fairly apportioned over the area the airport serves. The week before Rep.
Gannon's bill came up, I spent time at the airport watching planes take offand land. All flight
paths seemed to be in compliance with the proper patterns. In addition, Rep. Oannon completely
changed the bill to require the "appointment" of representatives of specified cities to an advisory
board. This is something that can be accomplished without passing a law in Tallahassee. I will
be sending a letter to the Boca Raton Airport Authority after Session expressing your concerns,
and fully expect they will address all of the concerns of the affected communities in the actions
they take.
Delray Issues
March 4, 2002
Page 2 -
Second, the library relocation: When I first noted that the City of Delray Beach was on the list for
funding nothing could have pleased me more. On one of my weekend trips back to Delray Beach,
however, I ran into several residents that had strong objections to the relocation of the library. I
then asked other people in the area that I knew had been involved in the library over the years
about their thoughts. Their concerns and outright objections grew. Most notably, these people
reside in m,,, district. These are the people who elected me and to whom I am responsible. With
these concerns in mind, ! put a caveat on the appropriation until I had the time to look into the
issue in more detail. I have spent two weekends meeting with architects and builders to make sure
that the facts and all options presented to the library board were thoroughly explored. I am still
looking into the issue and will be sure to find a way for the Delray Library to receive those funds.
Third, Atlantic High School: As former chairman of the K-12 Committee in the House of
Representatives, and several year's service on that committee, you have hit a hot button issue
with me. Everyone of you, and especially Commissioner Pearlman, know of my deep belief in
small K-12 schools. The Legislature needed the Columbine shooting as the impetus to move
Florida in my direction for building small, safe and academically superior learning environments.
While no particular size replacement school is on the table at this time, it is evident from the size
of the proposed site, that the City of Delray Beach and the School Board are headed toward
having the last of the large school dinosaurs built in its city. I have personally shared these
thoughts with you and I will continue to fight for my beliefs and enforcement of the law.
You have chosen to link my objections on the forgoing issues, which are contrary to your
opinions, with the decision you made regarding my failed rezoning request. While this may make
headlines, and be considered smart politics on your behalf, it will not deter me from using my
position to be an advocate for my beliefs, and more importantly, the beliefs of my constituents. I
have experienced the ill will and political tactics of people whose opinions differ from mine, but I
have in the past, and will continue in the future, to honor the wishes of those who put me in
office. I spent two days going door to door on my issues, and those conversations led to
discussion of other actions that the Commission has taken as a group. You may be shocked to
learn how your constituents feel about the course of action you are taking in the continued
redevelopment of Delray Beach. Not having an opponent for reelection does not necessarily
mean people support your decisions.
In closing, please note that there are other issues affecting the City of Delray Beach that are on
the agenda for this Session in Tallahassee that we do a~ee on, both in funding and policies. I
will continue to use every avenue available to me to make sure we are successful in those areas.
William F~Andrews
CITY OF DELRI:IY BErI£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line 561/243-7091
1993
DATE:
TO:
FROM:
MEMORANDUM
March 4, 2002
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Consent to Assignment
On January 23,2001 the City entered into an Agreement for lot clearing and mowing with
Blackwell's Tractor Services, Inc.. In February of 2002 the City was notified that
Loxahatchee Tractor Services, Inc. is in the process of acquiring Blackwell's Tractor
Services, Inc., please see the attached letters.
Pursuant to Paragraph 7 of the original agreement, the City must consent to any assignment
of the agreement. Code enforcement does not object to this assignment. (see attached
letter from Richard Bauer).
Please place this item on the March 19, 2002 City Commission agenda for approval.
Please call if you have any questions.
CCl
Barbara Garito, City Clerk
Jackie Rooney, Purchasing Supervisor
CONSENT TO ASSIGNMENT
The undersigned, the City of Delray Beach, a Florida municipal corporation, being a
party under that certain agreement dated January 23, 2001 and originally between the City of
Delray Beach and Blackwell's Tractor Services, Inc., does hereby give consent to the
assignment of the above-stated Agreement from Blackwell's Tractor Services, Inc. to
Loxahatchee Tractor Service, Inc. which shall assume all terms and conditions of the original
Agreement.
of
IN WITNESS WHEREOF, the undersigned has signed this instrument on this
,200 .
ATTEST:
City Clerk
By:
Approved as to legal form and
Sufficiency:
City Attorney
By:
day
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
Memorandum
TO:
FROM:
SUBJECT:
Jackie Rooney, Purchasing Supervisor
Richard Bauer, Code Enforcement Administrator
BLACKWELL'S TRACTOR SERVICES, INC.
DATE:
February 25, 2002
Bob Blackwell is selling his business to his nephew. Bob is currently our
nuisance abatement vendor and doing a fine job for us.
It is acceptable to me to continue to employ the successor to Bob's business as
they have agreed to honor current contract terms and pricing.
RB:mh
LOXAHATCHEE TRACTOR SER., INC.
13598 North Road
Loxahatchee, FL 33470
561-333-8501
Fax 561-333-8481
February 21, 2002
Mr. Richard Bauer
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33~,~.~.
Re: Blackwell's Tractor Services / City of Delray Beach
Lot Clearing/Nuisance and Abatement Contract
Dear Mr. Bauer:
Please be advised that I am buying my aunt and uncle's business known as Blackwell's Tractor
Services, Inc.
I will honor their existing contract with the City of Delray Beach and all prices will r?main the
same. The quality of work and response time will continue to be in a professional manner.
My uncle will supervise me to ensure a smooth transition.
I look forward to working with you in the near future.
Sincerely,
Gerald Lehman, Vice President
[ITY OF DELRfl¥ BEFI[H
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLO'RIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: March 11, 2001
MEMORANDUM
Writer's Direct Line: 561/243-7091
TO:
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Downtown Pedestrian Network Approval - Authorization to Execute
the Local A,qency A.qreement
Resolution 27-02 authorizes the City's participation and execution of an agreement
for a grant for the Downtown Pedestrian Network Project.
FDOT will contribute up to $330,000.00 and the City will contribute $46,200.00.
Please place Resolution 27-02, incorporating the Local
Agreement, on the City Commission agenda for approval.
Agency Program
cc: Barbara Garito, City Clerk
Dick Hasko, Director of Environmental Services
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
IIII I I I I I II I
www. delraye~com
TO: Susan Ruby, City Attorney
FROM: Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: LOCAL AGENCY PROGRAM AGREEMENT
DATE: March 6, 2002
Attached is an original Local Agency Program Agreement (LAP) between the City and the Florida
Department of Transportation (FDOT) for state grant funding in the amount of $330,000 for
expansion of the Downtown Pedestrian Network. This is grant money that has been applied for in
prior years and is becoming available this fiscal year.
With the LAP is a cover letter from FDOT and a sample resolution authorizing the execution of the
LAP. In the cover letter, Ron Holmes, District Program Coordinator, explains that he will require
five (5) original agreements and an original resolution fl~om the City in order to encumber the grant
funding and have the agreement executed by FDOT. I would appreciate your preparing the
appropriate resolution for presentation to Commission at the next regular meeting so that we may
expedite the ~drninistr~ive process for e. ncumbrance of the State funds.
Should you have any questions or require any additional back up from me, please let me know.
State of Florida Department of Trans;)onation
LOCAL AGENCY PROGRAM AGREEMENT
$25-010-40
CONSTRuc'nON
OGC - 01,'02
FPN No. Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obi.:
FPN No, Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
County No. Contract No: Vendor No.:
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FL. ORIDA~.D. EP,A_RT.MEN_T OF TRANSPORTATION, a_n a. genc.,y of the State of Flodda
hereinafter called the Department, and ~.,i[y o7 uelra7 t~each, 100 NW 1st Avenue, uelray ~each, FI. 33~.,!.~ '
hereinafter called the Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the ~mplementation of an integrated and balanced transportation system and is authorized under Section 334.044, Flodda
Statutes toenter into this Agreement;
NOW, THEREFORE, in considerabon of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose oP't ~sl~'i'~-'A:greement is to provide for the Department's participation in
DowntQwn Pedestrian Network and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s) N/A are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before September 30, 2004
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of schedule~
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
wnbng by the DEPARTMENT pnor to the expiration of the Agreement. Expiration of this Agreement w~ll be considered
termInation of the project. The cost of any work performed after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into th~s Agreement or to
undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will ~n~bate and consummate, as prowded by law, all actions necessary w~th respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, ~ncluding
Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
EXHIBIT A
CONSTRUCTION
OGC. 01~02
P~ge 2~ 12
2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such
data, reports, records, contracts and other documents relating to the project as the Department and the Federal Highway
Administration may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $ 376,200.00 . This amount is based upon
the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be
modified by mutual agreement as provided for in 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B". This amount inc/udes Federal-aid funds which are limited to the actual amount of
Federal-aid participation.
3.03 Limits on Department Funds: Project costs =.ligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a pedod of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, dudng any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available pdor to entedng into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be pa~d for in succeeding fiscal years, and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and
which have a term for a pedod of more than I year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed
from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures
prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred pdor to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, Federal participation may be approved m the amount determined to be adequately supported, the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation.
Where correctable non-compliance wIth prows~ons of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-complIance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or ~n total.
OGC. 01~02
P~ge 3 of 12
For any amounts determined to be ineligible for Federal reimbursement for which the Department h~s advanced payment,
~he Agency shall promptly reimburse the Department for all such amounts w~th~n ~0 days of written not,ce.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of th~s Agreement, a project schedule of
funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project and shall incur obligations against and make disbursements of project funds only in
conformJty with the latest approved schedule of funding for the project. The schedule of funding may be revised by
mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded
to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements established in Exhibit "B" of th~s Agreement and is
approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the pedod of this
Agreement and for five(5) years after final payment -- made. Copies of these documents and records shall be furnished
to the Department upon request. Records of costs recurred includes the Agency's general accounting records and the
project records, together with supporting documents and records, of the Agency and all subcontractors performing work
on the project and all other records of the Agency and subcontractors cons,dered necessary by the Department for a
proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award
number and year, and name of the awarding Federal agency. State awards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a
single or program specific audit conducted in accordance with the United States Office of Management and Budget
(OMB) Circular A-135.
If a recipient expends less than $300,000 in Federal awards dudng its fiscal year, an audit conducted in accordance with
the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal
year and elects to have an audit conducted m accordance with OMB Circular A-153, the cost of the audit must be paid
from non-Federal funds.
In the event that a recipient expends $300,000 or more in State awards dudng its fiscal year, the recipient must have a
state single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter
10.600, Rules of the Auditor General.
If a recipient expends less than $300,000 in State awards dudng its fiscal year, an audit conducted in accordance with
Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipient
expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance
wIth Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must
be paid from non-State funds.
Reporting Packages and management letters generated from audits conducted m accordance with OMB Circular A-133
and Financial RepoSing Packages generated in accordance w~th Section 215.97, Florida Statutes, and
$25-010-40
CoN~rRucTION
Chapter 10.600, Rules of the Auditor General shall be submitted to the award{ny FOOT office, by the r~:~pient, w~thin 30
days of recmving it. The aforementioned items are to be received by the appropriate FDOT office no later than g months
after the end of the rec~pient's fiscal year.
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of pdor year
audit findings, including corrective action and current status of the audit finding is required. Current year audit findings
require corrective action and status of finding.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and
the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter
10.600, Rules of the Auditor General shall be sent to:
State of Flodda Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cance~ this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to.all documents, papers, letters or other matedal subject to the
provisions of Chapter 119, Flodda Statutes, and made or received in conjunction with this Agreement.
(~ection 287.058(1)(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional dght of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities on the project. Activities shall be reported on a federal fiscal year basis, from October I through September 30.
The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department
no later than October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and
Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400.
(Section 287 058(1)(b), Flonda Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has w~th the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of
contract by the Department.
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I~e~e $ 0( 12
7.00 The Department's Obligations: SubleCt to other provisions hereof, the Department w~ll honor requests for
reimbursement to the Agency ~n amounts and at times deemed by the Department to be proper to ensure the cam/lng out
of the project and payment of the eligible costs. However, notwithstanding any other prowsion of th~s Agreement, the
Department may elect by notice in wdfing not to make a payment if:.
7.01 Misrepresentation: The Agency shall have made misrepresentation of a matedal nature in its application, or any
supplement thereto or amendment thereof, or ~n or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having beenadvised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for Federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
recurred by the Agency pdor to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project,
and costs attnbutable to goods or services received under a contract or other arrangements which have not been
approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120 day time pedod will not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating the Agreement or (b) suspending the Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the time pedod for completion of the agreement.
If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Agency,
the Department shall notify the Agency of such termination, w~th instructions as to the effective date of termination or
specify the stage of work at which the Agreement is terminated.
If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
nobce under th~s paragraph, the Agency shall proceed promptly to cam/out the actions required therein which may
include any or all of the following: (a) necessary acbon to terminate or suspend, as the case may be, project activities and
contracts and such other acbon as may be required or desirable to keep to the minimum the costs upon the bas~s of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the
cost of which are otherwise ,ncludable as proiect costs. The termination or suspension shall be carded out in conformity
w~th the latest schedule, plan, and cost as approved by the Department or upon the basis oi= terms and conditions
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,reposed by the Department upon the la,lure of the Agency to furnish the schedule, plan. and estimate w~thin a reasonable
t~me. lhe closing out of Federal financial participation in the prelect shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself tn any manner requiring the disbursement of Department funds, including consultant
qr construction contracts or amendments thereto, with any third party w~th respect to the project without the wntten
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full w~th provisions of Section
287.055, Flodda Statutes, Consultants Competit;w: Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection F'ocess for all projects. In all cases, the Agency's Attorney shall
certify to the Department that selection has been accomplished ;n compliance with the Consultants' Competitive
Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R.
Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part
wlth Department funds under this Agreement. The DBE requirements of applicable Federal and State regulations apply to
this Agreement.
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
defined in applicable Federal and State regulations, have the opportunity to participate in the performance of contracts
and this Agreement. In this regard, all recipients and contractors shall take air necessary and reasonable steps ~n
accordance with applicable Federal and State regulations, to ensure that the Disadvantaged Business Enterprises have
the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color,
national origin or sex in the award and pedormance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a
part of th~s project, the Agency must comply w~th applicable Federal and State regulations.
11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
Federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is prowding the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the Department's determination whether to enter
into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify such the
Agency from participation ~n this transacbon.
The certification in this clause is a matedal representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous
certification, ~n addition to other remedies available, Department may terminate th~s transaction for cause of default.
The Agency shall provide immediate wntten notice to the Department ~f any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed c~rcumstances. The terms "covered
"debarred," "suspended,' ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction,"
"principal." "proposal," and 'voluntarily excluded," as used ~n this clause, have the meanings set out in the Definitions and
Coverage secbons of rules Implementing Executive Order 12549 Contact the Department for assistance in obtaining a
copy of those regulations.
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The Agency further agrees by submitting this Agreement that it shall not knowingly enter into any contracts with a person
who ~s debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authonzed by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," prowded by the
Department, w~thout modification, in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The
Agency may decide the method and frequency by which it determines the eligibility of ~ts sub-contractors. The Agency
may, but is not required the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or
Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. to, check
the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs"
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this cla~J~ =.. The knowledge and information of the Agency ~s not required to
exceed that which is normally processed by a pruden[ person in the ordinary course of business dealings.
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available,
the Department may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntar~ Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, o~ vo[dntanly excluded from participation ~n this transaction by any Federal
department or agency.
Where the Agency is unable to certify to any of the statements in this certification, an explanation shall be attached to this
proposal.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, nationat origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated dudng employment without regard to their race, age, religion, color, gender, national odgin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading,
demotion, or transfer;, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and select/on for training, including apprenticeship. The Agency shall insert the foregoing provision
modified only to show the particular contractual relationship in all its contracts in connection w~th the development of
operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such
contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. When the project involves installation, construction, demolition, removal, s~te improvement, or similar work, the
Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices
to be provided by the Department setting forth the prowsions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency wIll comply with all the requirements imposed by Title VI of the Civil
R,ghts Act of 1964 (4:2 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder,
and the assurance by the Agency pursuant thereto.
The Agency shall ~nclude provisions ~n all contracts with third part~es that ensure compliance w~th Title VI of the Civil
Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulabons.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply w~th all the requirements as ~mposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
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12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public enbty crime may not submit a b,d on a contract to prowde any goods or services to a public entity, may not
subm,t a b~d on a contract with a public entity for the construction or repa;r of a public building or public work, may not
submit b;ds on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity, and may not transact business w~th any public entity ~n
excess of the threshold amount provided ~n Section 287.017, Flodda Statutes for CATEGORY 'I'VVO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134 F.S., an entity or affiliate who has been placed on the
Discnmmatory Vendor List, kept by the Flodda Department of Management Services, may not submit a b~d on a contract
to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract w~th any public entity,
and may not transact business with any public entity.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract, or arrangement in connect~o~ .vith the project or any property ~ncluded or planned to be included in
the project in which any member, officer or employee of the Agency or the locality dudng his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntanly
acquires or had acquired pnor to the beginning of h~s tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with pdor approval of the Department may waive the prohibition contained in this
subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require ~ts contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality dudng his tenure or for two years thereafter shall have
any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability adsing from non-compliance with these regulations and will reimburse the
Department for any loss ~ncurred in connection therewith. The Agency w~ll be responsible for secunng any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, wh~le any such breach or default
shall exist, shall in no way impair or prejudice any nght or remedy available to the Department w~th respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any prowsion of th~s Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution cf the Agreement. the Agency represents that ,t has not pa~d and, also,
agrees not to pay, any bonus or commlss,on for the purpose of obtaining an approval of its apphcation for the financing
hereunder.
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13.06 State Law: Nothing ~n the Agreement shall require the Agency to obse~e or enforce compliance w~th any provision
thereof, perform any other act or do any other thing Jn contravention of any applicable State law, provided, that if any of
the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in wnt~ng
in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the
Agency may proceed as soon as possible with the prolect.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
expense adsing out of any act, error, omission or negligent act by the Agency, its officers, agents or employees dudng the
performance of the Agreement except that neither the Agency, ~ts officers, agents or ~ts employees w~ll be liable under this
paragraph for any claim, loss damage, cost, charge or expense adsing out of any act, error, omission or negligent act by
the Department or any of its officers, agents or employees dunng the performance of the Agreement.
The parties agree that th~s clause shall not waive the benefits or prowsions of Chapter 768.28, Flodda Statutes, or any
similar provision of law.
When the Department receives a notice of clal~- for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described in this section. The Department's failure to promptly nobly the Agency of a claim shall not act as a
waiver of any dght herein to require the parbcipation in or defense of the claim by the Agency. The Department and the
Agency w~ll each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
13.08 Plans and Specifications: In the event th~it"t"hTs Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval ail appropriate plans and specifications
covedng the project. The Department will review all plans and spectfications and w~ll issue to the Agency wdtten approval
with any approvedportions of the project and comments or recommendations covering any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval with said remainder of the proiect. Failure to obtain this wdtten
approval shall be sufficient cause of nonpayment by the Department.
13.0g Right of Way Certification: Upon completion of dght of way activities on the proiect, the Agency must certify
compliance wtth all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right of way ~s required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency,
and that the project is accepted by the Agency as suitable for the ~ntended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and ~nclude the singular All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no Federally appropnated funds have been paid, or w~ll be paid by or on behalf of the
Agency, to any person for ~nfluenc[ng or attempting to influence any officer or employee of any Federal agency, a Member
of Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, cont~nuabon, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
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If any funds other than Federally appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress. or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its ~nstructions. '
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a State agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State System, constructed under this
Agreement. If the Agency constnJcts any improvement on Department fight-of-way, the Agency ,j~ will O will not
maintain the improvements made for their useful life. - -
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upcn receipt, the Department has five 5 working days to inspect and
approve the goods and services unless the bid spec, fications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected,
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), Flodda Statutes, will be due and payable,
in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the
Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will
result in a delay in the payment. The invoice.payment requirements do not start until a propedy completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline,
1-800-848-3792.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY CITY OF DELPAY BEACH S*TATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By: By:
Title: Mayor Title:
Attest: Attest::
Title: Clerk Title:
As to form: As to form:
Attorney Distnct Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
FPN NO,
52~070-40
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EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Retmbursement Agreement between the State of Florida. Department of
Transportation and
City of Delray Beach
Dated
PROJECT LOCATION: Downtown Area (See Attached Map)
The project O is ~ is not on the National Highway System.
The project O is jl~ is not on the State Highway System.
PROJECT DESCRIPTION:
This project involves the planning, engineering design and construction of missing sidewalk links within
the downtown area. Included are approximately 13,800 feet o,f concrete sidewalk in the downtown area
as directe.d by policy D-3.10~ in the. T.raffi .c Elem,ent o.f the C!ty s Co. mpre. hensive PI.a.n.. The purpos,e .qf
the project is to improve ano complete imermooal linKa~es [o the oowntown core ois[rict, by completing
t. he sid.e, walk network. The project also includes ped. estr~.an.railro.ad crossing gates at, three (3) intersec-
tions. Tne project will proviae a means mr improvea peaestdan T~ow througnout the aowntown area.
All of the proposed sidewalks fall within the confines of road fights-of-way dedicated to the City of Delray
Beach via plat, no additional rights-of-way are required.
SPECIAL CONSIDERATION BY AGENCY:
The project will be designed in-house by the City of Delray Beach Planning and Engineering
Departments. Each department is staffed with available personnel to implement a project of this size.
Additionally, the construction administration will be. performed by the City of Deiray Beach. ?he City
is familiar wIth both State and Federal requirements for. ISTEA projects; After completion of the
project the City will be responsible mr any and all maintenance associated with the siaewalks.
SPECIAL CONSIDERATION BY DEPARTMENT:
S2S-QIOM0
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AGENCY NAME & BILLING ADORESS
City of Delray Beach
100 NW 1st Avenue
Oelray Beach, FI. 33444
LOC, AL AGENCY PROGRAM
AGREEMENT
EXHISrr
SCHEDULE OF FUNOING
FPN NO.
PROJECT ~E~CRIPTION
Downtown Pedestrian Network ~
Sidewalk construction throu.qhout the downtown erea. ,,
13,800 L.F.
(~) (*z) (3)
-. TOT,N. ,eGGNCY STAI'~ ·
TYPE O$ WORK PROJECT FUNDS FUNOS F~ FUNO~
P.~. 8..~a.~'y wo~ 15~000. 1,900 17.10Q
c. Oeparb't~ent Seem:ms
d. Tm PE C.~t (.*~+c) 15,000 1,900 13T 100
f. Ot~r -
g. Om~n~r~ S.~wces ~
· ,, h. Tmal Right-of. Way Co~t (e.4,,.g) r
277,400
38.8OO
j. Ot~r
"" ~'°m ~ ~ ('*~*~*~) 316 2o0 38T800 277,400
,. ~..,~ 45~000 5.500 39~,500 ,
I). Oeplrlment Fo~es
q. Tow Consa~ ~,~ (n~) ~ ~.000 5,500 39,500
r To(.~ c~ c~(m~) ~16.200 ~.300 316,900
s ESTI~D TOTAL CO~ OF ~E
..~ECT (~ 376,200 46,200 330,000
RESOLUTION NO. 27-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH APPROVING AND AUTHORIZING EXECUTION
OF A LOCAL AGENCY AGREEMENT; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, State of Florida Department of Transportation and the City of Delray Beach desire to
facilitate the expansion of the Downtown Pedestrian Network, as described in the Local Agency Pro.am
Agreement; (project description); and,
WHEREAS, the State of Florida has requested the City of Delray Beach to approve, execute and
deliver to the State of Florida Department of Transportation a Local Agency Agreement for the
aforementioned project, as attached hereto as Exhibit A.
NOW, THEREFORE. BE IT RESOLVED, by the City Commission of the City of Delray Beach,
Florida, that the City of Dekay Beach is hereby authorized to make, enter into, execute and deliver to the
State of Florida Department of Transportation a LocaI Agency Agreement for the aforementioned project.
PASSED AND ADOPTED in regular session on this the ~
day of ,2002.
ATTEST:
MAYOR
City Clerk
TO:
THRU:
FROM:
SUBJECT:
IASMIN ALLEN, PLANNER
MEETING OF MARCH 19, 2002 ***CONSENT AGENDA***
CONSIDERATION OF A REQUEST TO ALLOW ONE 660 SQ. FT.
TEMPORARY MODULAR BUILDING AT THE CONSTRUCTION
SERVICES AND CONSULTANTS~ INC. PROPERTY~ LOCATED
AT THE NORTHEAST CORNER OF WEST ATLANTIC AVENUE
AND THE E-4 CANAL (2201 WEST ATLANTIC AVENUE)
This request is in conjunction with the renovation of an existing contractor's office
for the Construction Services and Consultants, Inc. property. The Class I Site
Plan Modification which includes the modular building is tentatively scheduled for
review by SPRAB at its meeting of March 27, 2002.
The applicant is requesting the placement of one 660 sq. ft. temporary modular
building on the property for use as an office for a period of three (3) months
while the proposed building improvements are being implemented. The use of a
temporary modular building will provide the facilities necessary in order to
continue business operations during the renovation period.
Permits for a temporary modular building are not included within the list of
allowable temporary uses provided in LDR Section 2.4.6(H)(1), therefore
approval of a waiver to allow this use from the City Commission is required.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving
body must make a finding that granting 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.
City Commission Documentation
Meeting of March 19, 2002
Construction Services and Consultants, Inc. Modular Building
Page 2
The modular building is proposed to be located within the parking tier adjacent to
the one-story cbs building. The installation of the modular building at this location
will result in the loss of six parking spaces. As these parking spaces are required
to meet the parking requirement for the existing uses, the modular building must
be relocated elsewhere on site.
The modular building will not adversely impact the neighboring area as it will be
placed interior to the site which is screened by a 7'high cbs wall which runs along
the north, east and south sides of the property. The waiver will not create an
unsafe situation or result in a special privilege as similar waivers under similar
situations have and would be granted to others. ,As the modular building is to be
used as a part of the business office operations during the renovation of the
existing building, the modular building should not be installed until a building
permit has been issued for the improvements to the existing building.
By motion, approve a Temporary Use Permit for the placement of one modular
building to allow a temporary office facility on the Construction Services and
Consultants, Inc property, based upon positive findings with respect to LDR
Section 2.4.7(B)(5), subject to the following conditions:
1. That the modular building be relocated from the parking tier area and placed
interior to the site within the area screened by the 7' high cbs. wall.
2. That a site plan modification be processed and approval obtained from the
Site Plan Review and Appearance Board;
3. That the modular building not be installed until a building permit is issued for
the proposed building renovation; and,
4. That the modular unit be removed after a period of six (6) months from the
time of installation.
Attachments:
c3 Proposed Site Plan
{2.
Z
1993
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
Mayor and City Commission
Captain Ross Lieata ~
David T. Harden
City Manager
March 12, 2002
INTERLOCAL AGREEMENT FOR THE SOUTH PALM BEACH
COUNTY PUBLIC SAFETY COMMUNICATIONS
COOPERATIVE - REVISED
RECOMMENDATION:
I recommend the adoption of a resolution authorizing the Mayor and the City Clerk to
sign a resolution amending the Interlocal Agreement among the Cities of Delray Beach,
Boca Raton and Boynton Beach for the South Palm Beach County Public Safety
Communications Cooperative.
BACKGROUND:
The Delray Beach Police Department has applied for and received tentative approval
from the FCC to add two additional channels to the Public Safety 800 MHz Radio
System. The two new radio channels will fill an important need and provide
enhancements to our existing five-channel system (allowing for system expansion and
minimizing busy signals on the radio from police, fire and local govemment users). The
new channels will be issued with the same wide area footprint based on the boundaries of
the South Palm Beach County Public Safety Communications Cooperative (Boca Raton,
Delray Beach and Boynton Beach). The FCC is requiting that the City of Delray Beach
co-license the five existing channels and two proposed channels in the name of the City
and PSCC due to the footprint of the radio channels (wide area coverage throughout the
PSCC).
The amendment provides for the City of Delmy Beach to retain possession of all seven
channels should one party elect to withdraw from the PSCC and terminate its interest in
the Interlocal Agreement, or should the PSCC be dissolved.
On February 28, 2002, the City Managers, acting as the Board of Directors of the South
Palm Beach County Public Safety Communications Cooperative voted 3-0 to endorse the
passage of this amendment.
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED
INTERLOCAL AGREEMENT TO ESTABLISH SOUTH PALM BEACH
COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE
THIS AMENDMENT NO. 1 TO THE AMENDED AND RESTATED
INTERLOCAL AGREEMENT made this ~ day of ,200_, by and
between the CITY OF BOCA RATON, the CITY OF DELRAY BEACH, and the CITY OF
BOYNTON BEACH, each a Florida municipal corporation, located in Palm Beach County,
Florida, hereinafter referred to as the "Parties".
VOIEREAS, the Parties desire to amend this Agreement to provide for the distribution of
the FCC frequencies in the event of the termination of this Agreement or the withdrawal of a
Party; and
WHEREAS, the PSCC's Board of Directors approved Amendment No. 1 at a Board of
Directors meeting held on February 27, 2002 by a vote of 3-0.
NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows:
1. The recitals set forth above are hereby incorporated as if fully set forth herein.
2. That "Section 5. WITHDRAWAL FROM 800 MHz/UHF TSR SYSTEM" is
hereby amended by adding Subsection G. to provide as follows:
G. Should one party elect to withdraw from the PSCC and terminate its interest in
the Interloeal Agreement, or should the PSCC be dissolved, the disposition of radio channels
shall be accomplished as follows:
1. Radio channels authorized specifically in the individual name of any party
shall remain so titled for the benefit and control of that party pursuant to FCC Rules and
Regulations.
2. Radio Channels 629, 659, 681,727, and 763 (in addition; Channels 643
and 805 that are in the application process) multiple licensed pursuant to FCC Rules and
Regulations in the names of the PSCC and the City of Delray Beach shall revert to the
City_ of Delray Beach, and the license issued in the name of the PSCC shall be cancelled.
Similarly, any radio channels that are multiple licensed in the future by the PSCC and any
party shall revert to that individual party and the license issued in the name of the PSCC
shall be cancelled.
Should any or all PSCC radio channels thus allocated no longer be required by the
designated party, the PSCC shall determine the best use of the channels within the system or, in
the event of dissolution of the PSCC, between the remaining parties, or otherwise relinquish the
channels in whole or in part to the FCC.
3. This Amendment No. 1 to the Amended and Restated Interlocal Agreement shall
be recorded in the Public Records of Palm Beach County.
4. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the subject
matter hereof. It is the final expression of agreement between the parties, thus, neither party shall
be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers,
made either prior to or simultaneous with the execution of this Amendment.
5. Except as expressly modified in writing herein or as modified by subsequent
written amendments, all other terms and conditions of the original Agreement and any
amendments thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to the
Amended and Restated Inteflocal Agreement on the day and year first hereinabove written.
ATTEST:
By:
City Clerk
Approved as to legal form
and sufficiency:
By:.
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this~ day of ,
200_, by Mayor ., on behalf of the City of Delray Beach, who is personally known
to me/or who has produced as identification.
ATTEST:
By:.
Signature of Notary Public - State
of Florida
CITY OF BOCA RATON, FLORIDA
By:
City Clerk , Mayor
Approved as to legal form
and sufficiency:
City Attorney
By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of ,
200_, by Mayor , on behalf of the City of Boca Raton, who is personally known to
me/or who has produced as identification.
ATTEST:
Signature of Notary Public - State
of Florida
CITY OF BOYNTON BEACH, FLORIDA
City Clerk
Approved as to legal form
and sufficiency:
By:
City Attorney
, Mayor
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of .,
200_, by Mayor ., on behalf of the City of Boynton Beach, who is personally
known to me/or who has produced as identification.
Signature of Notary Public - State
of Florida
4
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM~ ~ '- REGULAR MEETING OF MARCH 19, 2002
SPECIAL EVENT REQUEST/2002 BUD LIGHT PRO/AM VOLLEYBP. I.I.
TOURNAMENT
MARCH 15, 2002
This is before the Commission to approve a request from Exclusive Sports Marketing for special
event approval to allow the 2002 Bud Light Pro/Am Volleyball Tournament to be held at the
municipal beach on May 4 and 5, 2002. Details are outlined in the attached memorandum from Mr.
Weldon. We have hosted this event for the past five years and it has been very successful.
Recommend approval of the special event request for the 2002 Bud Ifight Pro/Am Volleyball
Tournament.
Ref:Agmemol 2.Budl,ightBeachVolleyball.2002
[ITY OF DELRFlY BEFIEH
DELRAY BEACH
AII-AmericaCity
1993
2001
100 N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: 2002 Bud Light Pro/Am Volleyball Tournament
DATE: March 8, 2002
Attached please find a request from Philip Kassof of Exclusive Sports
Marketing to bring the 2002 Bud Light Beach Volleyball Tournament to
Delray Beach on May 4 and 5, 2002.
Exclusive Sports Marketing has requested the following for the tournament
which is to be held across from Sandoway Park:
1.) Center court and 15' scaffolding towers as well as 24-29 temporary
volleyball courts.
2.) 10' X 10' pop-up tents for vendor display and player aid stations.
3.) Allow their event truck access to the beach Wednesday through Sunday
and provide a place for overnight parking.
4.) Allow signage publicizing this event and sponsors on the beach.
Their sponsor is Bud Light, a commercial beer company.
5.) Provide overnight parking for the main equipment truck, extra trash
cans, 3 - 110 outlets at the S3 tower and portable bleachers.
6.) Exclusive Sports Marketing will play recorded music, music from
sponsor radio stations and do event announcing from the main staging
area.
Pnnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
7.) Center court will be in the vicinity of South 1 Tower and Exclusive
Sports Marketing has compensated our cabana service for lost revenues.
8.) Mr. Kassof will provide us with a certificate of insurance, naming
the City of Delray Beach as additional insured with a minimum of
$1,000,000 liability.
9.) Exclusive Sports Marketing will donate $1,000 to the Ocean Lifeguard
competition fund.
As you may recall, we previously hosted the Bud Light Tournament the
previous six years and they were very successful. I recommend approval
for these events, and request you place them on the March 19, 2002 agenda
for City Commission consideration.
Please review and advise.
ir~o%~ ~f ~a~ks a~d ~ecreation
Attachments
cc: Chevelle Hall
Agenda Coordinator
Rich Connell
Assistant Director of Parks and Recreation
Bob Taylor
Ocean Rescue Superintendent
JW:cp
Ref:vollybal
6 March 2002
Bob Taylor
Joe Weldon
Rich Connell
City of Delray Beach
340 South Ocean Boulevard
Delray Beach, FL 33483
Gentlemen:
Per Mr. Connell's recent letter requesting additional detailed information about the Bud Light Beach
Volleyball Series event that Exclusive Sports Marketing has proposed for Delray Beach on the weekend
on May 4-6, 2002, here is an updated look at ESM's production plan:
WHAT?
The Bud Light Beach Volleyball Series
2002 marks the 10th Year Anniversary of this respected, grassroots program
· 2n~ stop of the 12 event 2002 Series Schedule
· l~t south Florida stop
· 187 two & four-person teams participated in the 2001 event
WHO?
Exclusive Sports Marketing, Inc. (ESM)
· 16 year company history
· 10 years producing beach volleyball events
· 150+ tournaments produced in FL, G^, SC, NC, VA, MI, & TX since 1992
WHEN?
· Competition dates - Saturday & Sunday, May 4 & 5, 2002
· ESM set-up/breakdown dates - begin set-up Wednesday, May 1; complete breakdown Sunday
evening, May 5
Wednesday, May 1
· ESM staff & vehicles arrive at Delray Beach at approximately 10:00am
· Site walk-thru with City & Beach officials
· ESM crew unloads gear, begins 'skeleton" set-up, i.e. scaffolding towers, staging,
tent frames
- Thursday, May 2
· ESM staff arrives at beach at 8:00am
· Court construction - 25-30 full sized, sand courts - all day
· Staff secures courts & event site before leaving
Friday, May 3
· ESM staff arrives at beach at 8:00am
· Court 'ball catcher" & banner placement all day
· Layout electrical & stereo system
· Secure site; assign security personnel for the night
Saturday, May 4
· ESM staff arrives at beach at 5:30am
· Teams sign-in, 7:00am - 7:45am
· Play begins 8:00am
· Play ends between 6:00pm and 7:00pm
· ESM staff secures site, assigns secudty personnel for the night
· Awards Ceremony/Athlete Party at Boston's, approximately 8:00pm
Sunday, May 5
· ESM staff anives at beach at 5:30am
· Teams sign-in, 7:00am - 7:45am
· Play begins 8:30am
· Play ends between 4:00pm and 5:00pm
· ESM staff will be breaking down the site (unused courts) throughout the day
· All courts, tents, staging broken down by 9:00pm
· Gear packed in truck by 9:00pm
· Final beach walk-through, cleanup by ESM staff
· ESM leaves beach at 10:00pm
WHERE?
Delray Beach Public Beach
· Center Court/Main Staging Area Between S1 and the best view from the Mandott
ESM proposes the following for 2002:
· Center Court & t5' Scaffolding Towers
· To be set-up on the beach just North of Lifeguard Tower S1
o ESM plans on setting the towers far enough west on the beach that
they do no compromise lifeguard's ability to visualize any swimming
areas
o Feedback from City & Beach officials is imperative here!
· Ancillary Courts
· Ideally, ESM would like to set-up the 24-29 ancillary courts North of the
Center Court staging area
o This will lessen "impact" to just one side of the beach
o The fact that the beach south of the proposed Main Staging area s
being replenished will allow ESM to potentially set-up the bulk of
ancillary courts in this direction
· 10' xlO' "Pop-Up" Tents
· For Vendor Display & Player'Aid' stations
o These will be present both at the center court area, and at spots
along the beach near the playing courts to house water, officials,
and other event related personnel/materials
o These tents will not block the lifeguards view of the water in any
manner
o Tent frames will be secured by ESM via tension straps, rope, and
plastic anchors into the sand
· Event Music/PA
· ESM will play recorded music, music from the sponsor radio station, and do
event announcing/PA from the main staging area
· Ideally, we would like to position "satellite" speakers North & South on the
beach so that we can keep players informed of what is going on
· Volume levels will be controlled; ESM would appreciate City/Beach official
input with respect to this aspect of the program
· ESM Truck Parking
ESM proposes the following with respect to weekend parking for the 26' event truck:
· Option #1 - on the East side of AIA across from 36 Ocean Blvd.
· Basically, this is in front of the Pavilion in the marked off area (not public
parking)
· Option ~ - along AIA in metered spots B94 & B95 that are just south of the spots
reserved for lifeguards
· Your thoughts and options?
PARKING PASS REVENUE SITUATION
Because the proposed relocation will eliminate city revenue via parking passes that support the Delray
Beach Competition Team, ESM will donate $1,000.00 to the City of Delray Beach.
CABANA CONTRATOR ARRANGEMENTS
Per PerTy CEO Boston's on the Beach, ESM has made arrangements to make a $500.00 payment to the
Cabana Contractor to offset any potential loss of revenue due to the proposed re-location of the
Tournament.
EVENT GARBAGE & TRASH MANAGEMENT
ESM will provide liners for the event site, and ESM staffwill constantly replace & remove filled
receptacles on the beach. We would look for some support from The City regarding a few aspects of this
process.. ESM staffwill also do a complete beach walk-through & final clean up after the event on
Sunday. We respect the beaches we visit, and will do all we can to maintain their integrity.
SET-UP ASSISTANCE & BLEACHER ISSUES WITH THE CITY
ESM feels that an additional meeting is needed to discuss these issues and the processes necessary to
get them implemented. We would like The City of Delray to supply us bleachers. One of the reasons for
this move was to draw a better spectator base. The sizes and what is available would be part of these
discussions.
Again, gentlemen, ESM apologizes for the lack of detail and planning in the first letter submitted. We look
forward to meeting and speaking with you regarding this correspondence and the upcoming event.
Please do not hesitate to cell me with any questions!
To the great Delray Beach,
8teven J. Tebon
President
ESM
561-994-4788 (direct line)
stebon~exclusivesports.com
Phil Kassof
Bud Light Event Director
Date: March 8, 2002
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
Consent Agenda x Regular Agenda Workshop Agenda Special Agenda
When: March 19, 2002
Description of Agenda Item (who, what, where, how much): Request approval to
host 2002 Bud Light Pro-Am Volleyball Tournament at our municipal beach on May 4 and
5, 2002. Exclusive Sports Marketing will donate $1,000 to our Ocean Lifeguard.
Competition fund. Center court will be in the vicinity of South 1 Tower and Exclusive
Sports Marketing has compensated our cabana service for lost revenues. ESM has requested
center court and 15' scaffolding towers, 24-29 temporary volleyball courts, 10' X 10'
pop-up tents, overnight parking for main equipment truck, extra trash cans, portable
Department I~ad~ b e~h_~~.~ 110 outlets at the S3 tower.
Signature: _~
City Attorne~eview/Recomrnendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~ / No Initials:
Hold Until:
Agenda Coordinator Review:
(if applicable)
Received:
[lTV OF OELK CE CH
CITY ATTOI I EY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DATE: March 13, 2002
MEMORANDUM
Wdter's Direct Line: 561/243-7091
TO: City Commission
David Harden
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Acquisition of Land for School Site
The attached Resolution 25-02 incorporates a contract for purchase on the land
owned by Ms. Abreu. 'The land, which is located in the area that the new Atlantic
High School will be built, is also adjacent to the City's water tower. The property
contains .33 acres and is shown on the attached map.
The price of the property is $126,000.00 and requires a deposit of $6,300.00 to be
held in escrow. The City will obtain title insurance at its own expense. The
contract is cancelable at the Buyer's discretion during the forty-five (45) day due
diligence and inspection period.
Please place Resolution 25-02 and the incorporated contract for purchase on the
March 19, 2002 City Commission agenda for approval.
have any questions.
SAR:ci
Attachments
cc: Barbara Garito, City Clerk
RESOLUTION NO. 25-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 2450
Owens Baker Road, Dekay Beach, Florida; and,
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the
City of Delray Beach, Florida; md
WHEREAS, it is in the best interest of the City of Delray Beach, Florida to purchase said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby
agrees to purchase from Michelle Abreu, as Seller, land for the purchase price of one hundred twenty-six
thousand dollars ($126,000.00), and other g~od and valuable consideration; said parcel being more
particularly described as follows:
The North 158 feet of the West 100 feet of the East 132 feet of the North
1/2 of the N.E. 1/4 of the Southeast i/4 of the Northwest 1/4 of Section
18, Township 46 South, Range 43 East, Palm Beach County.
Section 2. That the terms and conditions contained in the contract for sale and purchase and
addendum thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein (as Exhibit A).
PASSED ANT) ADOPTED in regular session on this the ~ day of
,2002.
ATTEST:
MAYOR
City Clerk
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CITY OF DELRrlY BErlI:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line 561/243-7091
1993
DATE:
TO:
March 14, 2002
City Commission
MEMORANDUM
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Parking Management Board Member- Waiver of Conflict
Florida Statutes § 112.313(7) prohibits any public officer from holding any
employment or contractual relationship with any business entity which is doing
business with an agency of which he is a public officer.
Mr. Gillie is employed with Old School Square, Inc. which has a lease and
management agreement with the City. This would be considered a conflict of
interest except that the agreements existed prior to his appointment on the Parking
Management Board, and thus, the situation is considered "grandfathered in".
However, there may be instances where the management or lease agreements
are modified which would have the effect of reinstituting the conflict of interest. In
order to obviate this potential and protect against a problem arising in the future,
our office suggests that the waiver provisions of the statute be implemented.
The statute provides that a waiver may be granted if voted on affirmatively by two
thirds of the City Commission as to the conflict arising from Mr. Gillie's
employment with Old School Square.
This waiver does not include a wavier for any voting conflict that may arise as it
relates to any specific parking applications of Old School Square, Inc. Mr. Gillie
must still abstain from voting on recommendations regarding applications
submitted by Old School Square, even if the wavier as to the employment conflict
is granted.
The motion before the Commission should be a motion to waive any conflict under
Florida Statutes § 112.313(3)(7) arising from Mr. Gillie's employment with Old
School Square. Attached is a form filled out by Mr. Gillie prior to the waiver being
granted.
~ have any questions.
Attachment
FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST
MAILING ADDRESS
CITY ~ ZIP
OFFICE / POSITION HELD
AGENCY OR ADVISORY BOARD
COUNTY ADDRESS OF AGENCY
Parts A and B of th~s form serve two d~fferent purposes. Part A is for advisory board members who wash to use an exemption in the
ethics laws that is applicable only to advisory board members Part B ~s for pubhc officers and employees who wish to use a sepa-
rate exemption that ~s applicable when the bus~ness entity involved is the sole source of supply within the pohtlcal subdivision In
,rder to complete and file th~s form:
Fill out Part A or Part B, as applicable.
Sign and date the form on the reverse s~de
File Part A with the appointing body or person that will be walwng the restrictions of 112 313(3) or (7), Fla. Stat.,
prior to the waiver.
File Part B w~th the governing body of the political subdiwsion in which the reporting person ~s serving, pnor to the
transaction
PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
WHO MUST COMPLETE THIS PART:
Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain bus,ness relationships on the part of public officers
and employees, ~ncludlng persons serving on advisory boards. See Part III, Chapter 112, Florida Statutes, and/or the
brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees" for more
details on these prohibitions. However, Section 112 313(12), Florida Statutes, permits the appo~nbng official or body to
waive these requirements ~n a particular instance provided. (a) waiver by the appointing body must be upon a two-th~rds
affirmative vote of that body; or (b) waiver by the appointing person must be effected after a pubhc hearing; and (c) ~n either
case the advisory board member must fully disclose the transaction or relationship which would otherwise be prohibited by
Subsections (3) of (7) of Section 112.313, Florida Statutes. Th~s Part of Form 4A has been prescnbed by the Commission
on Ethics for such disclosure, if and when applicable to an adwsory board member.
PLEASE COMPLETE THE FOLLOWING:
1. The partnership, directorship, proprietorship, ownership of a material ~nterest, position of officer, employment, or contractual
relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Flonda Statutes, ~s held by [please
ch~k~.~ble space(s)]:
(~ The reporting person;
( ) The spouse of the reporting person, whose name ~s
· or
( ) A child of the reporting person, whose name ~s
2. The particular transaction or relationship for which this waiver ~s sought ~nvolves [check applicable space]:
( ) Supplying the following realty, goods, and/or services'
( ) Regulation of the business entity by the governmental agency served by the advisory board member
The following busine~wlth or regulated by the governmental agency
The relationship of the undersigned advisory board member, or spouse or child of the adwsory board member, to the bus~-
ness entity transacting this business is [check applicable spaces]
( ) Officer; ( ) Partner; (') Associate, ( ) Sole propnetor; ( ) Stockholder; ( ) D~rector; ( ) Owner of in excess of 5% of
the assets of capital stock in such business entity; ( ) Employee; (t,,~Contractual relationship w~th the business entity,
( ) Other, please describe.
CE FORM 4A .. REV. 1.9B [CONTINUED ON REVERSE SIDE
PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
) MUST COMPLETE THIS PART:
or
of Form 4A
PLEASE
112 313(3) and 112.313(7), Flonda Statutes, prohibit certatn employment and business relationships on the part of pub-
and employees. See Part III, Chapter 112, Florida Statutes, and/or the brochure entitled "A Guide to the Sunshine
ment and Code of Ethics for Public Officers and Employees" for more details on these prohibitions. However, Section
2)(e), Florida Statutes, prowdes an exemption from the above-mentioned restrictions in the event that the business
is the only source of supply within the political subdivision of the officer or employee In such cases the officer's
in the business entity must be fully disclosed to the governing body of the political subdiws~on. This Part
prescnbed by the Commission on Ethics for such disclosure, if and when applicable.
I The partnership,
relationship
check applicable
( ) The reporting person;
proprietorship, ownership of a matenal ~nterest, position of officer, employment, or contractual
herwise violate Subsection (3) or (7) of Section 112.313, Florida Statutes, Is held by [please
( ) The spouse of the reporting whose name is .. ; or
( ) A child of the reporting person, whose is
The following are the goods, realty, or services supplied by a business entity with which the pubhc officer or employee,
or spouse or child of such officer or employee, is ~s:
3. The business entity which ~s the only soume of supply of the realty, or services within the political subdivision is:
(NAME OF ENTITY) )RESS OF ENTITY)
The relationship of the undersigned public officer or employee, or spouse ;uch officer or employee, to the busi-
ness entity named in Item 3 above is [check applicable spaces]:
( ) Officer; ( ) Partner; ( ) Associate; ( ) Sole proprietor; ( ) Stockholder; ( ) ireca~r; ( ) Owner of in excess of 5% of
the assets or capital stock in such bus~ness entity; ( ) Employee; ( ) Contractual rel
( ) Other, please describe:
SIGNATURE
DATE FILED
NOTICE UNDER PROVISIONS OF FLORIDA STATUTES s 112 317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND
MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION,
REDUCTION IN SALARY REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10 000
CE FORI~I 4A .o REV 1-98 [CONTINUED FROM FIRST SIDE]
[ITY JIF I]ELRIIV 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:
TO:
FROM:
SUBJECT:
MEMORANDUM
March 13, 2002
City Commission
Susan A. Ruby, City Attorney
Hoffert v. City of Delray Beach
Writer's Direct Line: 561/243-7091
This case alleges that a City police officer illegally conspired and defrauded the
Hofferts while he attempted to retrieve money and a car allegedly taken from the
Hofferts. The complaint against the officer alleges counts for civil theft,
conspiracy, intentional infliction of emotional distress, and unjust enrichment. The
case against the City contains counts of conspiracy and negligence.
Due to the allegations in the complaint, a conflict exists that requires the
appointment of outside counsel. Our office requests the appointment of Fred
Gelston, Esq. at $110.00 per hour to represent the police officer named in the
complaint, and Steve Radford, Esq. of Gaunt, Pratt, Radford & Methe at $110.00
per hour to represent the City.
By copy to David Harden, City Manager, please place the appointment of counsel
in this case on the March 19, 2002 agenda for City Commission approval.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Cathy Kozol, Police Legal Advisor
Gary Lippman, Esq.
lIT',' DF DELRrI¥ BEACH
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
March 14, 2002
City Commission
Susan A. Ruby, City Attorney
Property Acquisitions - Counsel
Writer's D~rect L~ne 561/243-7091
Our office, per the City Charter, requests appointment of Robert Federspiel, P.A.,
as counsel to assist us in the acquisition of the "Barwick" and "Tate" properties, at
his governmental rate of $195.00 per hour.
By copy to David Harden, City Manager, our office requests the appointment of
counsel be placed on the March 19, 2002 consent agenda.
SAR:ci
have any questions.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Robert Federspiel, Esq.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM - REGULAR MEETING OF MARCH 19, 2002
REPORT OF APPEAI_2xBLE LAND DEVELOPMENT BOARD ACTIONS
MARCH 15, 2002
Attached is the Report of Appealable Land Use Items for the period March 4, 2002 through March
15, 2002. It informs the Commission of the various land use actions taken by the designated boards,
that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\chevelle folder\agenda memos\apagmenx03.19.02
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLI~TOR
/OASMIN ALLEN, PLANNER
DAVID T. HARDEN, CITY MANAGER
OF PLANNING AND ZONING
MEETING OF MARCH 19, 2002 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS MARCH 4, 2002
THRU MARCH 15, 2002
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 4, 2002 through
March 15, 2002.
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.
A. Approved (5 to 0, Dowd and Eliopoulos absent), a blanket sign program for Delray
Park of Commerce Tracts H & J, located on the east side of NW 17th Avenue,
north of Lake Ida Road (1395 NW 17th Avenue).
B. Approved (5 to 0), a flat wall and freestanding sign for Badcock Home Furniture,
located on the west side of North Federal Highway, south of Gulfstream Boulevard
(2400 N. Federal Highway). Also, the Board approved (5 to 0), a Class I site plan
modification and architectural elevations associated with the installation of a new
facade to the existing building.
City Commission Documentation
Appealable Items Meeting of March 19, 2002
Page 2
Approved (5 to 0), a request for a color change for Seagate Towers
Condominium, located at the southwest corner of MacFarlane Drive and
Ingraham Avenue (220 MacFarlane Drive).
Approved (5 to 0), a request for a color change for Palm Island Cafe, located on
the west side of NE 6th Avenue (northbound Federal Highway), north of NE 1st
Street (102 NE 6th Avenue).
Approved (5 to 0), a request for a color change for By Noelle, an existing
commercial building, located on the south side of East Atlantic Avenue, east of SE
4th Avenue (428 East Atlantic Avenue).
Approved (5 to 0), a Class I site plan modification and architectural elevations
associated with the installation of a new fa(;;ade for Delray Plaza, an existing
shopping center, located on the east side of South Federal Highway, north of
Fladell's Way (2275 South Federal Highway).
Go
Approved (4 to 1, Sneiderman dissenting), a Class I site plan modification and
architectural elevations associated with replacing the wood panel doors with single
pane French doors and installation of exterior wall fixtures for Sidetracked Cafe,
located at the southwest corner of East Atlantic Avenue and the FEC Railway (290
East Atlantic Avenue).
Approved with conditions (4 to 0, Perez-Azua stepped down), a Class IV site plan
modification, landscape plan and architectural elevations associated with the
expansion of Community Primitive Baptist Church, located 300 feet north of
West Atlantic Avenue between NW 10th Avenue and NW 11th Avenue.
Concurrently, the Board approved the following waivers:
· Reduced the required minimum stacking distance along NW 10th and 11th
Avenues from 20' to 10' and 5'7" respectively.
· Reduced the required 20' site distance triangles at the intersection of the
driveway and NW 10th Avenue to 5' 7" and 6' 9".
Reduced the minimum landscape buffer along the north side of the property
and the southwest perimeter of the property from 5' to 2'4" and 3'2"
respectively.
Approved with conditions (5 to 0), a Class IV site plan modification, landscape
plan and architectural elevations associated with the construction of a new 1,568
square foot warehouse building for Gazebo Depot, located on the south side of
West Atlantic Avenue at its intersection with McNab Avenue.
City Commission Documentation
Appealable Items Meeting of March 19, 2002
Page 3
Approved with conditions (5 to 0), a Class V site plan, landscape plan and
architectural elevations associated with the construction of a 26,050 square foot
industrial development for Roof and Rack, located on the west side of Wallace
Drive, 75 feet north of Royal Palm Drive. Concurrently, the Board approved a
waiver reducing the required width of the landscape buffer along the east side of
the double-loaded parking located on the north side of the proposed "Building B"
from 5' to 4'.
Approved (6 to 0), a request for a Certificate of Appropriateness associated with
the installation of a railing and lighting fixtures for Donnie's Golden Spoon
Restaurant, located on the west side of NW 5th Avenue, approximately 300 feet
north of West Atlantic Avenue.
Approved (5 to 1, Sexton dissenting), a request for a Certificate of Appropriateness
associated with the installation of lighting fixtures for Atlantic Grove, a mixed-use
project, located on the north side of West Atlantic Avenue, between NW 3rd and
NW 5th Avenues.
No other appealable items were considered by the Board. The following item will be
forwarded to the City Commission for action.
Recommended approval with conditions (6 to 0), of a request to amend Ordinance
70-89 for the historic designation of the Fontaine Fox House and related property,
located on the east and west sides of Ocean Boulevard, south of George Bush
Boulevard (610 & 615 North Ocean Boulevard).
No Regular meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
March, 19 2002
L-~CANAL
LAKE IDA RO
L___ r---- ~
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LINTON B~L~ARO
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IDA ROAD
$ W 2ND ST
S W lOTH ST
LINTON
S.P R.A.B.
A. DELRAY PARK OF COMMERCE, TRACTS H & J
B BADCOCK HOME FURNITURE
C SEAGATE TOWERS CONDOMINIUM
D PALM ISLAND CAFE
E. BY NOELLE
F. DELRA Y PLAZA
G SIDETRACKED CAFE
H COMMUNITY PRIMITIVE BAPTIST CHURCH
I. GAZEBO DEPOT
J. ROOF & RACK
H.P.B.
I DONNIE'S GOLDEN SPOON RESTURANT
2. ATLANTIC GROVE
CITY LIMITS
ONE MILE
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2002
- - DIGITAL BASE MAP SYSTEM - -
[IT¥ I]F D£LKR¥ BE;ICH
CITY ATTOF EY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
March 15, 2002
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Resolution 28-02 Regarding
Acquisitions
Writer's Direct Line: 561/243-7091
the Atlantic High School Lands
City Ordinance Section 36.04 requires a resolution to be passed to acquire
property by gift, purchase or by eminent domain. We are pursuing the voluntary
acquisition of properties shown on the map and listed in the resolution. However,
we need to provide for the unlikely eminent domain approach as a backup, if it
becomes absolutely necessary in order to meet the timeline in the interlocal
agreement with the School Board.,
Exhibit A with the legal descriptions is being refined and may change prior to the
meeting.
Please call if you have any questions.
Please place this Resolution on the March 19, 2002 agenda.
Attachment
cc: Barbara Garito, City Clerk
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SCENARIO A-1
NO. 28-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING.AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE
TO CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED
FOR THE PURPOSES OF THE CONSTRUCTION OF A NEW
ATLANTIC HIGH SCHOOL WITH RELATED AMENITIES
AND FACILITIES; DBCLARINGTHAT THE ACQUISITION
OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC
PURPOSE; AUTHORIZING THE HIRING OF LEGAL
COUNSEL, APPRAISERS, AND EXPERTS IN OTHER
DISCIPLINES ARb THE FILING OF EMINENT D(7~AIN
PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 7%.
FLORIDA STATU~.ES; PROVIDING ANEFFECTiVEDATE;
AND FOR OTHER PURPOSES.
WHEREAS, in order =0 provide adequate public school
facilities in the City of Delray Beach and Palm Beach County, the
City of Delray Beach and the School Board of Palm Beach County have
determined =hat it is necessary to construct a new public high
school in the City of Delray Beach; and
WHEREAS, Section 166.~11(11)., Florida Statutes,
authorizes municipalities to exercise the power of eminent domain
for the public purpose of obtaining land to be ~onveyed by the
municipality to the School Board of the School District for the
County within which the municipality is located, if the School
Board requests in writing that uhe municipality obtain such lands
for conveyance to the School Board and promises to use the land to
establish a public school thereon; and
WHEREAS, the School Board of Palm Beach County, Florida
and the City of Delray Beach, entered into an Interlocal Agreement
whereby the City of Delray Beach agreed to acquire the property
hereinafter described on attached Exhibit "A" for the construction
of a new Atlantic High School and to convey fee simple title to
said property to the School Board; and
WHEREAS, pursuant to said Interlocal Agreement, the
School Board of Palm Beach County agreed to accept fee simple title
to the lands described on Exhibit "A" and to construct a new
Atlantic High School on said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA THAT:
~ The City Commission adopts and ratifies those
matters set forth in the foregoing recitals.
Section 2: The City Commission hereby finds that it is
necessary to acquire the lands described on attached Exhibit "A"
for the public purpose of =he construction of a new Atlantic High
School in the City of Delray Beach. The City of Delray Beach shall
acquire fee simple title to said lands in its own name by donation,
purchase, or eminent ~main proceedings.
~ The City Attorney or her designee, is hereby
authorized and directed to pro'teed to take all necessaz~f steps,
including the hiring of Vance & Doney, P.A. and other legal
counsel, appraisers ,' and experts in other disciplines, as
necessary, for the City of Delray Beach to acquire said property
and the City Attorney, or her designee, shall prepare in the name
of the City of Delray Beach all papers, pleadings and other
instruments required for that pUZl~ose, and to see that all eminent
domain proceedings are prosecuted to ~udg~ent pursuant to Chapters
73 and 74, Florida S~atutes.
Section 4: The City Attorney and the City Manager are
hereby authorized and directed to take such other further actions
as are reasonably required =o fully accomplish the purposes
hereinabove directed.
Section ~= This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this
2002.
~ay of
CITY OF DELRAY BEACH, FLORIDA
clerk
All of the privately owned lands located
within the REPLAT OF BREEZY RIDGE .ESTATES,
according to the plat =hereof recorded in Plat
Book 24, page 116 of the Public Records of
Palm Beach County, Florida, including but not
limited to the following properties:
16, 17, 18, 19, 20, 21, 35, 36, 3?,. 38, 39,
40, 41, 42, 43, 44. 4S, 4g, 47. 48. 49,
51, S2, S3 and $4 REPLAT OF BREEZY RIDGE
ESTATES (Plat Book 24 page 116)
A PORTION OF PLAT OF TEMPLE SINAI of Palm
Beach County as recorded in Plat Book 46, Page
53, being more particularly described as
follows:
BEGINNING at the intersection of the South
Right-of-Way line of N.W. 2nd Street and the
East line of the a~ove-mentioned Plat~ thence
South along, said East line a distance of
100.00 feet; thence S 30°27'30" w along the
East line of said Plat a distance of 118.36
feet; thence N 12°56'38# W a distance of 89.30
feet~ thence North a distance of 66.01 feet to
an inter~ection with a curve to the left;
thence Easterly and Northeasterly a distance
of 72.09 feet along the arc of said curve
having a radius Of So.00 feet and a central
angle of~ 82°36'44'' ~o a point of reverse
curve; thence Northeasterly a distance of
29.77 feet, alon~ =he arc of said curve having
a radius of 24.00 feet a~d a central angle of
71°04'31", to the POINT OF B~GINNING.
The following lands located in Section 18, Township 4~
South, Range %3E. Palm Beach County, Florida, to wit:
The Easterly six hundred fee~ (600.0') of the
North one hundred feet (100.0') of that part
o£ t~e South half (S 1/2) o~ the Northwest
one-quarter (NW 1/~) of ~he Southwest on,-
quarter {SW 1/4) of the Northeast hal~ (NE
1/2) of Section 180 Township ~6 South, Range
· 3 East, lying West of and adjacent to the
Westerly right-of-way line of Davis Road.
The East six hundred feet (600.0') of the
North eighty feet (80.0'} of =he South one
hundred fee= (100.0') of the North two hundred
feet (200.0') of =hat par= of the South three-
quarters (S 3/4) of =he West half (W 1/2) of
the SouthWest one-quarter (SW 1/4) of the
Northeast one-quarter (NE 1/4) of Section 180
Township 46 Sou=h, Range 43 East, lying west
of and adjacent to the Westerly right-of-way
line of Davis Road.
The west 100 feet of the South 145 feet of the
East 132 feet of the North one-half of the
Northeast one-quarter of the Southeast one-
quarter of the Northwest one-quarter, Section
18, Township 46 South. Range 43 East.
The East 32 feet of the South 145 feet of the
East 132 feet of the North one-half o~ the
Nor=beast one-quarter of the Southeast one-
quarter of ~he Northwest one-quarter and the
West 68 feet of the South 145 feet of the West
222 fee= of that par= of the North one-quarter
of =he Southwest one-quarter of the Northeast
one-~uarter West of E-4 Canal, all in Section
18, Township 46 Sou=h, Range 43 Eas~.
The East 109 feet of-the West 177 feet o~ the
South 150 feet of that part of the North
quarter (1/4) of the Southwest cluar=er (S.W.
1/4) of the Northeast quarter (N.E. 1/4) of
Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida, lying west of
Canal.
The East 125 feet of the West 302 feet of the
South 150 feet of the North Quarter, of the
Southwest Quarter o~ the Northeast ~uarter of
Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida.
The South 150 feet of that part of the North
one quarter (N 1/4) of the Southwest quaruer
(SW 1/4} of the Northeast quarter (N.E. 1/4)
of Section 18, Township 46 South, Range 43
East, Palm Beach County, Florida, lying West
of =he west right of way line of the Lake
Worth Drainage District E-4 Canal, less the
Wes= 302 feet thereof and also lees the East
40 feet =hereof conveyed to =he City of Delray
Beach for right of way of Davis Road in
Official Record Book 1585, page 83, Public
Records of Palm Beach County, Florida.
The West 100 ~eet of the North 158 feet of the
East 132 feet of the North one-half of r/ae
Northeast one-quarter of the Southeast one-
quarter of the Northwest one-quarter of
Section 18, Township 46 South, P~nge 43 East,
Public Records of Palm Beach County, Florida.
That par= of Section 18, Township 46 South,
Range 43 East, Palm Beach County, Florida,
described as follows:
The East 132 feet of the North half (N 1/2) of
the Northeast Quarter (N.B. 1/4) of the
Southeaet Quarter (S.E. 1/4) of the Northwest
Quarter (N.W. 1/4) of said Sec=ion 18, less
the South 145 fee2 ~hereof and less the North
158 feet of the West 100 Feet thereof;
and
The West 177 feet of the North Quarter (N 1/4)
of the Southwest Quarter (S.W. 1/4) of the
Northeast Quarter (N.B. 1/4) of said Section
18, less the South 145 feet of =he W~st 68
feet thereof.
..
All that. part of the North Quarter of =he
Southwest Quarter of the Northeast QuaTtem of
Section 18, Township 46 South, Range 4~ East,
Palm Beach County, Florida, lying Wes= of =hat
certain road right-of -way described in
Official Record Book 1585 on page 84, Palm
Beach County Public Records, LES~ the South
1S0.00 feet and =he West 177.00 fee= thereof;
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
BIDS AND CONTRACTS
MEETRqG OF MARCH 19, 2002 AWARD OF
DATE: MARCH 15, 2002
This is before the City Commission to approve the award of the following bids:
Lease award to Sunshine Golf Car in the amount of $3,274.20 for FY 2002,
($19,654.20 total lease) for three (3) golf carts (special purpose vehicles) to be leased
for 36 months and used for the Police Department Volunteer Program. Funding is
available from 115-2124-521-49.50 (Crime Prevention).
Purchase award to Contemporary Controls and Communications (sole source
provider) in the amount of $19,808.42 for two (2) Irrinets to computerize irrigation
on Linton Boulevard and Congress Avenue. Funding is available from 1194144-
572-64.90 (Other Machinery/Equipment).
Purchase award to Sanders Company, Inc. in the amount of $26,175.00 for one (1)
dry pit/submersible sanitary sewerage pump for Lift Station No. 50. Funding is
available from 442-5178-536-64.90 (Other Machinery/Equipment).
Purchase award to Duval Ford in the amount of $198,992.00 for the purchase of
nine (9) police vehicles under the Florida Sheriffs Association Contract #01-09-094.
Funding is available from 115-2112-521-49.90 (Police Department Federal Forfeiture
Fund).
Bid award to Palace Laundry, Inc. T/A Linens of the Week in the amount of
$20,000.00 (estimated annual usage) for linen rental for the Delray Beach Municipal
Golf Course Restaurant. Funding is available from 4454715-572-52.22
(Uniforms/Linen Service)
Bid award to RLS Lighting, Inc. in the amount of $31,305.00 to replace decorative
street furniture for Atlantic Avenue east of the Intracoastal Waterway. Funding is
available from 119-4151-57262.27 for $13,020 (Beautification Trust
Fund/Equipment) and 433-3711-53449.35 for $18,285 (Cart
Renewal/Replacement).
Purchase award to various vendors in the amount of $65,876.00 for replacement of
City vehicles. Funding is available from 501-3312-591454.20 for $47,422 and 442-
5178-536-64.20 for $18,454 (City Garage Account).
Recommend approval of the above bids and purchases.
S:\City Clerk\chevelle folder\agenda memo\Bid Memo.03.19.02
· ~ DFLRAY BF. ACH
De,ray Beach .Police Department
300 West Atlantic Avenue Delray Beach, Flod0a 33444-3695
(561) 243-7888 Fax (561) 243-7816 1993
MEMORANDUM
TO:
FROM:
Jackie Rooney
Purchasing Super
David Jungham~,~ -
Administrative Seh~,,c~s
Director
DATE: Mamh 4, 2002
SUBJECT: PURCHASE OF REPLACEMENT GOLF CARTS,(SPV)
Requisition number 95249, is for a thirty-six (36) month lease of three (3) golf
carts to be used by the Police Department as Special Purpose Vehicles (SPV's).
The SPV's that are being replaced by this lease are currently owned by the City,
and are scheduled for replacement beginning this Fiscal Year. This lease was
approved by the City Manager on February 26, 2002; a copy of the memo is
enclosed.
The lease of the SPY's will be funded by Bureau of Justice Assistance through
their annual Block Grant. This is an annual grant that the City of Delray Beach
receives through the Police Department and it funds a number of projects. The
Department has chosen to allocate a portion of this fund to the Volunteer
Program for this lease.
Because the grant is annual and receives a new account code for the new grant
once it is received, the requisition only covers the remainder of this Fiscal Year,
April 1, through September 30, 2002. Once the Block Grant for this calendar is
received, a Change Order for the Purchase Order that supports this lease will be
initiated.
DJ/rmh
Attachment
Delray Beach .Police Department
300 West Atlantic Avenue Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
DATE:
SUBJECT:
MEMORANDUM
David T. Harden
City Manager
Joseph L. Schroede~~
Chief of Police
February 13, 2002
REPLACEMENT LEASE SPECIAL PURPOSE,VEHICLE (SPV)
Currently the Department is using four (4) golf carts in support of our Parking
Enforcement Specialists (PES), a volunteer program. The Department refers to
these vehicles as Special Purpose Vehicles, or SPV's. The SPV's are used daily
by the volunteers that comprise the PES program. They routinely patrol the
streets in and around the beach and east Atlantic Avenue in support of the City's
parking concerns. Only two of the four SPV's are currently on this year's Vehicle
Replacement List; Items number 38 and 39.
The Department is proposing that we lease four (4) SPV's; three (3) gasoline
powered and one (1) battery powered, for use by PES volunteers. All four of the
leases would be for a period of thirty-six (36) months. The following is a
breakdown of the costs associated the leasing of the vehicles;
· Sunshine Golf Carts (best price quoted), $181.90 X 36 mos. X 3 =
$19,645.20 total cost of the lease. These vehicles are gasoline
powered.
· Autobahn-Motors ( IO~ice quote), $248.~X~mos. = $8,857.88
total cost of the le~'q,ne vehicle. This is a~ric powered vehicle.
· Total cost of the'lease fo'r,~e four vehiclps;', $28,60~.08.
The funding for the lease of the vehicles would come from the annual BJA Block
Grants. Currently the Department is working from three of those types of grants;
there is sufficient funding available to support the required funding of the four
leases. However, the Department would divide the cost of the leases over the
thirty-six months, or a total of four additional Block Grants. This would allow the
Department to continue to fund the various programs already funded by the
Block Grant, and afford us the opportunity to fund additional projects as they are
SUBJECT:
DATE:
PAGE:
REPLACEMENT LEASE SPECIAL PURPOSE VEHICLE (SPV)
February 13, 2002
2.
identified. Dividing the costs over the next thirty-six months would allow much
more flexibility with the available funding.
There are several pluses for the City by leasing the vehicles under this plan as
opposed to the normal purchasing of replacement vehicles. The following is a list
of the positive options for the City.
· The replacement of the current SPV's has been funded through the
City's replacement account. Funds already in this account for the
purchase of replacement SVP's would no longer be a requirement, and
could be allocated for the replacement of other vehicles within the City
Fleet.
· Some portion of the maintenance monies currently in the F/Y 2001-02
budget to support the older vehicles would become available to
support other unscheduled vehicle maintenance within the
Department's current vehicle fleet.
· All four of the existing vehicles become eligible for this F/Y City
Auction. While the vehicles may not bdng a great deal of money from
an auction, they will most certainly bdng more now then at a future
auction. Additionally, we will be able to auction all four vehicles, not
just the two currently on the replacement list.
· Lastly, the lease is written in such a way that all four vehicles can be
purchased at the end of the lease pedod. In the case of both the
gasoline, and electric powered vehicles, the end of lease purchase
price is $1.00. This will allow the City to either auction the vehicles, or
transfer them to another Department at the end or the lease pedod.
The Police Department sincerely believes that this program serves the best
interest of the Police Department and the City of Delray Beach. Should you or
any member of your staff have any questions, or require additional information,
please call me at once.
DJ/
From ,bm Maddox 561-499-9865 To Officer Brown
FACS~VIILE COVER PAGE
Date 11/5101 Time 91230AM
Page 1 of .3
To · , Officer Brown
Sent · 11/5/01 at 9:12:26 AM
Subject ·
From · Jim Maddox
Pages' 3 (including Cover)
From J~m Madclo× 561-499-98,65 To Officer Brown
.2
Date 11/5/01 T~me 9 1230AM
SUNSHINE GOLF CAR
9740 ~¥EST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33'i46
561t499-0300 · FAX ,561/499-91~5
Page
and
11/5/2001
Delray Bch. Police
300 West Atlantic Avenue
Delray Bch. Fla.33444-3695
Att. Officer L. Brown
Phone 561-243-7873
Fax 561-243-7186
Dear, Officer Brown
Please use this as our quote on the following Golf car.
2002 TXT FREEDOM GAS
The TXT Gas Freedom has the QuiteDriveTM Powertrain with a 9HP 295CC Twin Cylinder OHC 4- Cycle
Engine, Pressurized Filtered Lubrication, Solid State Ignition, 12V DC Electrical System, Cominuously Variable
Transmission, Helical Differemial, Dash Mounted Low Oil Pressure Warning Light and Analog Fuel. Warranty
on all parts for three years.
STANDARD FEATURES
Price $5410.73
BODY: DuraShield Thermoplastic Elastomer Body with
Molded in color. Color choices: Champagne or Hunter Green.
CHASSIS: Welded high yield strength tubular steel,
DuraShield Power Paint coated.
OPERATION: Dash mourned key switch, reverse warning
indicator, manual forward-reverse selector.
CENTER CONSOLE. Tee, ball and 4-cup drink holders.
STEERING WHEEL: Dual handgrip,with pencil holder
integrated into a convenient scorecard clip.
TIRES: 18 X 8.5 X 8 Standard (4-ply rated) Carlisle "Links".
Like Jack Is Another Golfer
VISIBILITY: Styled Dual Halogen Headlight Assembly. Rear tail and brake lights and eleatric
horn.
Opltions Included:
World's Finest Utility Vehicles for Sports and Industry
From J~m Maddox 561-499-98,65 To Officer Brown
Date 11/5/01 T~me 91230AM
Page 3 of 3
3/4 Rain ~nolosurc
Split windshield
Hour meter
Rear view mirror
Turn signals with 4 way flasher
Sun top
Our oompany has been doing business as the AUTHORIZED DEALER for Palm Beach County since 1980. We
provide on site service whenever possible. Our response time usually falls with in 24 hours from your service
request.
Very truly yours,
Jim Maddox
World's Finest Utility Vehicles for Sports and Industry
Boylan Inc.
13438 S. Military Trail · Delray Beach, Flonda 33445 - Phone (561) 499-7390 - Fax (561) 499-5529 · www. boylansales.com
October 8, 2001
Delray Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444
Attn.. Omcer Brown
Dear Officer Brown,
We are pleased to propose our New YAMAHA Golf Car for
your Patrol
,4'..eac~YAMAH~. 002 G1.6A Gaso.!?.e Golf Car with: Top,
Hinge~eld, Headlights, Taimghts, and Brake Lights,
Horn, Mirror, Turn Signals with 4 Way Flashers, % Enclosure,
and Hour Meter.
C ~ !o : Ivo Red Teal and Hunter Green
ar~'o rs I !~, , ,
Te~:~6 Month Lease at $180~P~r.~.~yp~r_~ont~
~h~e ofth ~e - $700.~
Please allow 2 to 3 weeks for delivery of four units. Please call
me if you nccd any additional information.
Reg~.rds,
BOYL~ SALES, INC.
Plainwe~l, Mt * GreenfieRI, IN · $~lgar Grove, IL
ONI S3-]~S I~-IAI~ 6Z§§66PIgq
~E :60 I00E/80/0I
PROF GOLF CA PH~E NO..': 1 ~1 433 2919 Nov. 88 2881 82:18PM Pi
FROM :
PI OFESS£OAIAL GOLF CA COI P.
Authorized De~ler
MESSAGE
§385 L~ke Worth ltd. · ~reenacres, FL 33463
Fax (561) 433-Z919 · Local (561) 4~3-~-§00 · Toll-Free (800) 334-§0§8
To: OFFICER SICTP BROWN
Company/Club: DELRAV I~H Pb
Fax #.: 243-7816: 243-7873
From: PAUL KLAYMAN
bate: 11/8/01
Pages To Follow: 0
QUOTE FOR (3) NEW CLUB CAR GAS CARS WTTH HEAD~TAIL~BRAKE LZGHTS, TUI~d
SIGNALS, FLASHERS, REAR VIEW MZRROR, FOLDING W~NDSHZELb, 3-$ZDED
ENCLOSURE, DELIVERY:
APPROX. MONTHLY PAYMENTS FOR (3) VEHICLES ON 36-MONTH LEASE;
ST~AZ~HT LEASE...$438.00 (TURN IN VEHICLES AT ENb OF LEASE)
LEASE/PURCHASE...$547.00 (OWN VEH'rC~ES ATENb OFLEASE) ,~ 3 ~ / ~ ~," % ~ (~
STRA'r~HT PUi~HASE FOR 1 VEHICLE: $5,850.00
WE CURRENTLY HAVE SOME NEW LEFTOVER '00 VEHICLES WHICH WE WOULb SELL
EC~UT. PPED AS DESC. RT. BEb ABOVE FOR $5,050.00 EACH. THERE ARE 2 IN WHTTE AND
2 IN BEIGE. LEASE/PURCHASE FOE 3 WOULb BE ABOUT $475 PER MONTH (36
MONTHS).
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: Commission Agenda ,~//~/O ~
Date: 314102
XX Consent Agenda
Special Agenda
Workshop Agenda
Description of agenda item: Lease for golf carts to be used by the Police Department as
Special Purpose Vehicles (SPV). A total of three (3) SPV's will be leased for thirty-six (36)
months, and will be used in support of the Department's Volunteer Program. Amount required to
fund the lease for the remainder of this Fiscal Year, $3,274.20, the vendor will be Sunshine Golf
Car.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO X
NO X
Recommendation: Approve lease of the golf carts.
Department Head Signature:
Determination of Consistency with Comprehensive Plan: N/A
City Attorney Review/Recommendation: NIA
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes __X__ No
Funding alternatives: N/A
Account Number: 115-2124-521-49.50
Account Description: Crime Prevention
Account Balance: $15,000.00
City Manager Review:
Approved for agenda:~
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
[ITY OF DELAI1Y BEII[H
Ail-America CJly
100 N.W. 1st AVENUE
1993
DELRAY BEACH, FLORIDA 33444
561/243-7000
TO:
ROM:
THROUGH:
DATE:
SUBJECT:
David Harden, City Manager
Tim S immo~s/~s Superintendent
Joe Weldo?}'Director of Parks and Recreation
V
March 5, 2002
Purchase of Two Irrinets for Upgrade of Irrigation Systems
We are continuing our upgrade of our standard irrigation to a
computerized irrigation system. The irrinets are used to report back to the
central computer information from the scorpio units. The purchase of two
irrinets would allow us to computerize irrigation on Linton Boulevard and
Congress Avenue.
By this memorandum I am requesting that the purchase of two irrinet units
($9,904.21 each) at a total cost of $19,808.42 to be placed on the agenda
for City Commission consideration, and that the purchase be approved
from Contemporary Controls and Communications, Inc. as the sole source
provider. Funds were budgeted in this year's operating budget and are
available in account #119-4144-572-64.90.
TS/sb
THE EFFORT ALWAYS MATTERS
Feb O? O~ 03:l~p
,~-.-.....:
Inc.
CITY 0~ Del, RAY BEACH
100NW IMAM
OBL/tAY Bfl,MXf, P~ ~:J444
A~: F~IANCE
V$24
FOB
PROPOSAL
CO~T
ESTIMATE
PROJECT
NOT INCLUDED.
MOTOROLA
TOTAL
TOTAL
5,]93.75
404,69
3,117.67
245.00
· Date: March 8, 2002 AGENDAITEM NUMBER: ~'/-' ~-~
Request to be placed on:
AGENDA REQUEST
Consent Agenda x Regular Agenda Workshop Agenda Special Agenda
V~hen: March 19, 2002
Description of Agenda Item (who, what, where, how much): Request approval
to purchase 2 Irrinets to computerize irrigation on Linton Boulevard and Congress
Avenue. Contemporary Controls and Communications is the sole source provider..
The cost is $19,808.42 ($9,904.21 each) and will be funded out of account number
119-4144-572-64.90.
Department Hea~e
Signature:
City Attorney R v~' w~e-commendation (if applicable):
Budget Director Review (required~ on all ite~ving expenditure of funds):
Funding Available: Y~/No Initials:
Account Number
Description ~
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: ~/~/No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
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. Danvers Beatty, P.E. ~
Deputy Director of Pub l~CC Utilities
March 12, 2002
Installation of Dry Pit/Submersible Sanitary Sewerage Pumps
Sanitary Sewer Lift Station No. 50
Attached is an agenda request, location map and tabulation of quotes for purchase of one dry
pit/submersible sanitary sewerage pump. The pump will be installed in Lift Station No. 50 and
will replace an existing pump which recently failed beyond repair. Sanders Company, Inc. is the
apparent lowest responsive vender with a total proposal of $26,175.00. Atlantic Environmental
Systems quote was lower than Sanders Company; however the pump they quoted is not the
specified pump. Based on their proposal and satisfactory performance of past work in the City, we
are recommending award of the purchase to Sanders Company, Inc. in the total amount of
$26,175.00. Funding will be from Account # 442-5178-536-64.90, Other Machinery and
Equipment
Please place this item on the March 19, 2002 Agenda for consideration by City Commission.
CDB/pd
Attachments
CC.'
Richard Hasko, P.E., Director of Environmental Services
Robert Bullard, Maintenance Manager
City Clerks Office
Agenda File
U:\wwdataWIemo\C~ty Manager~Sanders Company 031202 doc
o 0
02/28/2002
L0:27 9547398881
J~W~ES SMITH SANDERS
PAGE
Phone: 954-73!
TO: City of
Utilltle~
We ere pioe~
One (1) each.
pum~ t00 H.I
TON. Pump t4
SANDERS COMPANY, INC.
2331 N. ~ST. ROAD
SUrl~ 223
Lau(g~llill, FI. 33313
Fax: 954-739-0881
SCOIqE OF SUPPLY
~lray Beach, FI.
IllaintonMce Div.
el to propooo tho foJhaving:
Prolo~t: Stotion fiE0
· Falfbonb Morse 1:l' x 10' model 1435WI) dry-pit submor01ble
~., 866 rpm, 480 volt With a design oo~litto~ of ~100 GPM Q 8l.S
be furnMecl with two Independent mocltanlsad seals, IJ&l lsmk
tl~rmostat$.
8~8,17S~0
POI: Pmct0~low
Note: Above I~ump should i~lt3mh:ally end hydraulic match existing Ams-
Ckalmers 11)~10x21 model IN pump.
Jm L. Sml~ #
Sandoll Co, I
~2 0S=44& Ci~
oF Oelra~ Beach
561-2+3-7344
p.l
City of Deimy Beach
CLAUDE GORDON S
Sales, Se~K:e & Repamr
727 Belved~e Road
WEST PALM BEACH. FLORIDA 33405
(561) 659-2]79 FAY ;5~t~ 832-3538
Tel:
Fa~: 581-832-3538
434 Seulh ~ A~.
Delray 8each, FI.A ~,
(561) 24~73~
Fax: (561) 243.-7'344
PImm fluo~ ee one (1) Faifbank~ Morae d~'y i:xt aulam~ible ~ ~ ~ ~,
ATLA,NTIC
lq. 33462
407.S4740~0 FAY
TO: DMIly ~/Ivl~l SeW
Mtn: BM) Bo#ltd
IH: ~61.243-T301 FAX: r41-~-7~14
SUBJECT: Lilt 81alkm M) /
i)ump I~MKeneM /
PROPOSAL
DATE: MWoh tl, 2002
PROIK)eJd. NUMBER: c1~tl
PAGE I OF 1
PAYMENT TE~$: NE~30
FREIGHT: F.O.B. ,JOB SITE
/ I:)EI.IV~RY: 3 to I wieki (
WE ARE PLEASED TO OFFER THE FOLLOWING PROPOGAL BUS'CT TO'THE TERMS OUTLINED IN THE
ATTACH/F:)D PROPOSAL ACCEPT)MCE
iTEM: QTY DESCRIPTION: : i /
COST:
~eplecement pump for ~ pump now in pump st~bon no: ~
A 1
At 85 5 rM TDH. Pump indud~ r~luir~d plpinO~to fit exi~Jng p~lng
arra .r)l~nmm and a 40 foot power cable ~,
r
Pump will I~ caml:~lible ~ eolt ~ or VFD
Net cost 21,000
NOTE:
Pnce does not include inslalMbon
,~ ..... ' ...... ~ ............................ c*-- >~ · , ~ ~ ": ..... ~ , ' -- - ..... ~ ',
LINTON BOULEVARD
C~ of DELRAY BEACH PUMP REPLACEMENT DAm:5/:2/02
E~~ ~~ ~P~ L.S. 50
~ ~ ~ .~ ~ ~ ~ ~ ~002-20C
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Agenda Item
Date: March 12, 2002
When: March 19, 2002
Description of item (who, what, where, how much): Staff requests Commission approval of a purchase
from Sanders Company, Inc. for one dry pit/submersible sanitary sewerage pump in the amount of
$26,175.00. The pump will be Installed in Lift Station No. 50 and will replace an existing pump. Funding is
available from Account # 442-5178-536-64.90, Other Machinery and Equipment.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staffrecommends approval of purchase from Sanders Company, Inc.
Department head signature: ~-~3- · L/
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review,~i~'ed on all items involving expenditure of funds):
_ Funding availabl& YES~IXlO
~ Funding alternatives'~~ (if applicable)
~j~ ~AccountNo.&Des~nptlonqqz- lq -63 ,. oq-qo OqS- }dac lCqOo rte.,,q'
~j~b Account Balance ~ ~ Oa:~ 5q
Approved for agenda: O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
U \wwdata\FormsL~genda Requests~uS, gendaReq - Sanders Company 031202 doc
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor ~
Joseph Safford, Finance Director
March 14, 2002
DOCUMENTATION - CTIY COMMISSION MEETING
MARCH 19, 2002 - PURCHASE APPROVAL
FOR PURCHASE OF POLICE VEHICLES FROM
DUVAL FORD VIA THE FLORIDA SHERIFF
ASSOCIATION CONTRACT
Item Before Commission:
City Commission is requested to approve the purchase of nine (9) Police vehicles for the Police
Department via the Florida Sheriff Association Contract awarded to Duval Ford for the total of
$227,812.
Background:
These vehicles will support the PBA Contract, approved by City Commission and effective
October 01, 2001.
See attached memo dated March 14, 2002 from the Police Department Administrative Services
Director. These vehicles are available from the Florida Sheriff Association Contract #01-09-094.
See attached requisitions #95445 and 95437.
Funding for these vehicles is available from the Police Department's Federal Forfeiture Fund.
Recommendation:
Staff recommends approval for the purchase of nine (9) Police vehicles for the total amount of
$227,812 from Duval Ford via the Florida Sheriff's Association Contract #01-09-094. Funding
from Police Department's Federal Forfeiture Fund account code #115-2112-521-64.20.
Attachments:
Memo from Police Department
Requisitions #95445 and 95437
D~,LRAY B,EACH
De,ray Beach .Po,ice Department 'llllZ
300 West Atlantic Avenue Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816 1993
MEMORANDUM
TO:
FROM:
DATE:
Jackie Rooney ,3"
Purchasing Sup~rv~r
David Junghans"-~ \ ·
Administrative Serw'tr, e~ Director
March 14, 2002
SUBJECT: AGENDA REQUEST
Enclosed please find our Agenda Request supporting Requisition numbers
95437 and 95445, for the purchase of Police vehicles. These items will be
funded from the Police Department's Federal Forfeiture Fund, account number
115-2112-521-49.90. The initial expenditure of these funds has been approved
by the Chief of Police and is forwarded to the City Commission for final action.
The purchase of the vehicles is to support the PBA Contract, approved by the
City Commission and effective October 1, 2002. The vehicles, a total of nine (9),
are being purchased off of the Flodda Sheriff's Association Contract pdcing,
contract number 01-09-094.
Should you have any questions or require additional information, please call or e-
mail me, and I will provide the necessary information.
DJ/
Enclosure
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;AGEI~DA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
Date: March 15, 2002
XX Consent Agenda
Special Agenda
Workshop Agenda
When: March 19, 2002
Description of agenda item:
This is for the purchase of nine (9) Ford Police vehicles. The purchase is in support of the PBA
Contract, contract was approved ~y City Commission and the contract was effective October 1,
2002. The vehicles with be funded from the Federal Forfeiture Account.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO: XX
NO: XX
Recommendation:Approve the Agenda Request.
Department Head Signature: ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation N/A:
BudgetDirector Review (required on all items involving expenditure of funds):
Funding available: Yes ~(~ No
Funding alternatives: N/A
ccount Number: ~15-2112-$21-.~1~
ccount Description: Federal Forfeiture Account
Account Balance: ~,.~nexcessof$1,300,00_0'~. ~[~.O0, 0(~O ~D~J~/I~ F~c~'p'3L C3T/~
City Manager Review: ~
Approved for agenda: ~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O. #
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph Sa~inance Director
March 13, 2002
DOCUMENTATION - CT1Y COMMISSION MEETING
MARCH 19, 2002 - BID AWARD -BID #2002-15
LINEN RENTAL SERVICE FOR THE DELRAY BEACH
MUNICIPAL GOLF COURSE RESTAURANT
Item Before Commission:
City Commission is requested to approve the bid award to Palace Laundry Inc. T/A Linens of the
Week for linen rental service for the Delray Beach Municipal Golf Course Restaurant for an
estimated annual cost of $20,000.
Background:
The Delray Beach Municipal Golf Course Restaurant is in need of an annual contract for linen
rental service.
Bids were received on Friday, February 15, 2002 from four (4) contractors all in accordance with
City purchasing procedures. (Bids #2002-15. Documentation on file in the Purchasing Office.)
A tabulation of bids is attached for your review.
The Delray Beach Golf Course is recommending award to the low bidder, Palace Laundry Inc.
T/A Linens of the Week. See attached memo dated March 07, 2002 approved by the General
Manager of the Delray Beach Municipal Golf Course, and Robert Barcinski, Asst. City Manager.
Recommendation:
Staff recommends award to Palace Laundry inc. T/A Linens of the Week for linen rental service
for the Delray Beach Golf Course Restaurant at an estimated annual cost of $20,000. Funding
from account code #445-4715-572-52.22.
Attachments:
Tabulation of Bids
Memo from Golf Course
L. 5
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: March 19, 2002
Date: March 13, 2002
XX Consent Agenda Special Agenda __ Workshop Agenda
Description of agenda item:
Approval for Bid Award to Palace Laundry Inc T/A Linens of the Week for linen rental for the
Delray Beach Municipal Golf Course Restaurant for an estimated annual usage of $20,000
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Award to Palace Laundry Inc. T/A-L--leas-of the Week for linen rental service for the Delray Beach
Municipal Golf Course Restaurant for an estimated annual usage of $20,000. Funding from
account code 445-4715-572-52.22.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available:
(/~~l,AFunding alternatives:
Account Number:
ccount Description:
Account Balance:
City Manager Review:
Approved for agenda:~
Hold Until:
No
Agenda Coordinator Review:
Received:
ADMINISTRATIVE SERVICES
MEMORANDUM
TO: _ ~vid T. Harden, Cxty Manager
FROM: ~/Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item City Commission Meeting March 19, 2002
Bid Award - Decorative Street Furniture
DATE: March 12, 2002
Action
City Commission is requested to approve a bid award to RLS Lighting, Inc. in the amount of
$31,305 to replace decorative street furniture east of the Intracoastal Waterway. Funding is
available in account 119-4151-572-52.27 ($13,020) and account 433-3711-534-49.35 ($18,285).
Back~round
The proposed purchase is for twelve (12) decorative benches and twenty-three (23) trash
containers with liners to replace the existing street furniture east of the Intracoastal Waterway.
The replacement furniture will match the replacement furniture replaced west of the Intracoastal
last year. This is a sole source purchase.
Recommendation
Staff recommends a bid award to RLS Lighting, Inc. in the amount of $31,305 to replace twelve
(12) benches and twenty-three (23) trash containers. Funding to come from account 119-4151-
572-52.27 ($13,020) and account 433-3711-534-49.35 ($18,285).
RAB/tas
Cc: Rich Olson
Marjorie Ferrer
File'u'sweeney/agenda
Doc-Bid Award Decorative Street Furniture
ADMINISTRATIVE SERVICES
PUBLIC WORKS
MEMORANDUM
To~
David Harden, City Manager
From:
Robert Barcinski, Assistant City Manager
Rich Olson, Interim Deputy Director ~h~'-~
Public Works
Date: March 7 2002
Re:
Replacement of Street Furniture East Atlantic Avenue
During the fiscal year 99/00-budget year, the City Commission authorized phase I of the
furniture replacement program for Atlantic Avenue. That project included 15 benches
and twenty-five trash receptacles. The benches and receptacles were installed in 1999
west of the Intra-Coastal Waterway.
Phase II of the program, which is the final phase includes the purchase of twelve benches
and twenty-three trash receptacles. These will be placed east of the Intra-Coastal
Waterway on Atlantic Avenue.
Incorporated in the fiscal year 02/03 budget under account 119-4151-572-52.27 was
$30,000.00 to purchase the benches and trash receptacles for phase II. In addition there is
over $19,000 available in the Solid Waste fund under account number 433-3711-534.49-
35 that can be used to purchases the trash receptacles.
To insure that those benches and trash receptacles in phase II are the same as phase I the
Public Works Department would like to request that we sole source purchase these items
from RLS Lighting Inc.
We have received a price of $1085.00 per bench and $795.00 per trash receptacle. Total
project cost of phase II is $31,305.00. Staffis recommending that $13,020 be taken from
the 119-4151-572-52.27 to purchase the benches and $18,285 come from the 433-3711-
534.49-35 account to acquire the trash receptacles.
bldgmamLaflanficavebench.doc
FRdM. : R~_~SL ! GHT I NG PHONE NO. : g549832~Sg! Mar. 85 2882 86.' 46AM P2
RLS Lighting, Inc.
2160 S.W. $$th Way
Hollywood, FL 33023
Ph: (954) 983-4340
Fax: (954) 983-3691
£1~.HTf, x'£, Iht.
.~.{.~ L'F,ICTL~.glCa' O~' (//~.4~,/~r~'
QUOTE
DATE t QUOTE NO.
L31112002 A2.030102
I
NAME I ADDRESS
City of Dalray Beach
IJim Smith
100 NW 15t Ave
Delray Beach, FL 33444
561-243-7339 Fax 561-243-7314
SHIP TO
Atlantic Bird - A2030102
PROJECT I Atlantic Bird
TERMS P.O. NO. F.O.B DWG. NO.
Net 30 Factory
QTY ITEM DESCRIPTION COST TOTAL
'":12 RLS-PBAo6~GR Palm Beach 6 Foot'Park Bench Green 71,085.00 ~3,020.00
(Green RAL 5021 )
23 RLS-TR-1-GR Palm Beach Style, Litter Container with liner 795.00 18,285.00
& lid, Color: Green - RAL 5021
~les Tax Exempt # 60-08-116241-54C
QuotatiOn valid for 30 d~ys. Please Sign, print name below and return copy t TOTAL
when ordering: Thank You. , ..
SIGNATURE Print
NOTE: INDICATE COLOR - BLACK GREEN __ OTHER
INDICATE VOLTAGE (Multi-Tap 1201208/240 or 277) OR 480 VOLT__
Initial:
50 or 60 CYCLE Initial: __
All Past Due Accounts beyond Net Thirty days will incur Finance Charges of 1.5% per month (18% per annum). Should
litigation be required, reasonable legal fees will also be charged.
Request to be placed on:
x Regular Agenda
When: 03/19/02
AGENDA REQUEST
Special Agenda
Agenda Item No:
Workshop Agenda
Description o£agenda item (who, what, where, how much): C±ty Comm±s$.ion .i$ requested
to approve a b'id award to RLS L.ight.ing, Inc. 'in the amount of $31,305 to
replace decorative street furniture east of the Intracoastal Waterway.
Funding is available in account 119-4151-572-52.27 ($13~020) and account
433-3711-534-49.35 ($18,285).
ORDINANCE/RESOLUTION REQUIRED YES/NO
Recommendation: Approval.
Drat~ Attached: YES/NO
Department Head Signature:
Determination of consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds): Availabl /'~'-"x Oe{~_~ '
A~ Funding
(~.~ Funding altemati'ves: .- .- (if applicable)
(~'~M~ ~ AccountNo.&Descfiption: ilq-q {-5 2. z-23 fi aoiga-un4 - 4 ' O
~~{~'Account Balance: ~; 50; ~c)¢) O- J
City Manager Review:
Approved for agenda: '~O
Hold until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
I:ITY OF DELAI:IY BEACH
DELRAY BEACH
Ail-America City
1993
~oo~ TO:
FROM:
DATE:
lOO N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 - 561/243-7000
Memorandum
David T. Harden, City Manager
,~obert A. Barcinski, Assistant City Manager
March 15, 2002
SUBJECT:
SPEC,LM~ AGENDA ITEM# CITY COMMISSION MEETING
MARCH 1,9, 2002
BID AWARD-REPLACEMENT VEHICLES
City Commission is requested to approve bid awards for replacement of City vehicles per
staff recommendation.
Batik. round
City vehicle replacements are requested on an annual basis due to age, mileage, repair
costs, or a combination of the above. Attachment "A" is a list of the vehicles being
recommended for replacement on the agenda. We have previously ordered most of the
replacement vehicles for this fiscal year prior to February 26, 2002.
Recommendation
Staff recommends various bid awards from the State of Florida Contract as specified in
Attachment "B" and from thc Florida Sheriff Association Contract as specified in
Attachment "C". These unit costs include various options and extended warramies on all
vehicles. Not included are some option items that we will acquire from other vendors not
available on these contracts. Thc total of the recommended purchases is $65,876.
Funding is available from the FY01-02 budget in City Garage Account #501-3312-591-
64.20. ($47,422) and account 442-5178-536-64.20 ($18,454). A budget transfer will be
prepared to transfer funds into the Garage account to cover the costs of the Police take
home vehicles approved February 26, 2002.
Attachments
Cc: Bill Darty
File:Allen/RAB
Doc: Bid Award Replacer~nt Veh 2001 ~ item
THE EFFORT ALWAYS MATTERS
Request to be placed on:
X Regular Agenda
When: 3/19/02
AGENDA REQUEST
Special Agenda
Description of agenda item (who, what, where, how much):
approve b±d awards for of
'Agenda Item No: <~' [''' "~
Workshop Agenda
replacement
City Commission is requested to
City Vehicles per staff recommmnameion.
ORDINANCE/RESOLUTION REQUIRED YES/NO
Recommendation: Approval
Draft Attached: YES/NO
Department Head Signature.
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds): ~
Funding Availabl O
Funding alternati've ."g5=~ (if applicable)
Account No. & Description: K0] "5,31]_-~ I. I, aq - g.O ,~-~rlc345d~q-
v Account Balance: ~,~X)0:/X~ '~' '
City Manager Review: ~.~~ b~Jff , r c443-51'f -53¢. Cq- Lo
Approved for agenda:(~/NO $ Ii, 300
Hold until:
Agenda Coordinator Review.
Received:
Action:
Approved/Disapproved
Memo
From:
Subject:
Date:
David Harden- City Manager , 10~x
Lula Butler- Director, Community Improvement
Request for Waiver to Section 4.6.7(E)(1) of the Land Development
Governing Signs
March 15, 2002
Reeulations
Item Before the Commission:
City Commission consideration of a request from the owner of the "Aspen Towers" building located at 851 SE
6~ Avenue, for a waiver to Section 4.6.7 (E)(1) of the LDR's governing off-premise signs.
Background:
The Site Plan Review and Appearance Board considered a request from the agent representing ttus shopping
center to modify the blanket sign program already estabhshed to provide for three (3) tenant panel flat wall signs
that could be erected on the north elevation of the building. The Aspen Towers building is a sthp shopping
center w~th an inverted "L" shape design. Due to the design, bay #3 ends up being m the comer of the "L" w~th
no space for a tenant flat wall sign.
The Board determined that there is sufficient space along the faqade to accommodate three (3) equally-s~zed flat
wall signs. The Board's position is that the design itself creates a hardstup for the tenant in this space and
unanimously supports a waiver to Section 4.6.7.(E)(1) to allow the flat wall sign to be m a space adjacent to the
business.
A copy of the minutes and building elevation identifying the signs and locations is attached for your reference.
Section 2.4.7 03) of the LDR's 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 neighboring area
· Shall not significantly diminish provision of public
· Shall not create an unsafe situation, and
· Does not result in the granting of a special priwlege in that the same waiver would not be
granted under s~milar circumstances on other property for another applicant or owner.
Recommendation:
Staff is recommending approval of the waiver request to Section 4.6.7 (E)(1) based on the findings and
recommendation of the Site Plan Review and Appearance Board.
LB:DQ
Attachments
AspenTowers CCMar2002
0
Z
0
0
0
Z
'ine qnvestments,
911 ~.(E. 6tu ~venue, #111
cDe[ra~ CBeach, ~[~33483
February 14, 2002
City of Delray Beach
Ms. Barbara Garito, City Clerk
100 N.W. lst Avenue
Delray Beach, FL 33444
Southern Elevation Signage
Aspen Towers
851 S.E. 6m Avenue
Dear Ms. Garito:
Please consider this our request for a waiver of the city sign code based on a hardship
for the tenant in Suite #103, Instasign. Please find herewith a color rendering depicting
the requested waiver.
At the SPRAB meeting on February 13, 2002, the entire board agreed to allow this
variance to the city sign code.
Please place this request on the agenda to be considered for the next City Commission
Meeting.
If you need any further details or additional information, please contact me.
Sinfl~rely:
~e/nvestmeT, LC
Cliff Fire
Property Owner
~J~hone (561) 27'4-4455
~;Tax (561) 274-0220
(~ - ~.t [ ~inebit~ us-it.aet
RECEIVED
FEB
COMM. IMP. ADMIN.
DRAFT
Mr. George Diaz, Deputy Building Official, stated that the south elevation sign is
proposed to be larger than the Sign Code allows. The Master Sign Program has
already been set for this sign area and it doesn't say that we can go above 160
sq. ft. Also, the Board can't establish it. Therefore, the Board would need to
consider a hardship, and make a motion to recommend forwarding the sign on to
the City Commission for a waiver to the Sign Code.
Chairman Perez-Azua suggested to the applicant that if the sign was brought
down 4" that it would be better then having to attend a City Commission meeting
for an approval of a waiver to the Sign Code. Mr. Archer agreed.
· Mr. DeCapito questioned the neon that was depicted around the top of the
building.
Mr. Scott Pape explained that the applicant has submitted a Class I site plan
modification for architectural elevation change to include the neon. The neon is
proposed along the parapet and along the gay?? buildings. The neon is a
separate application and is not to be considered for approval with the sign
package because it is an architectural feature.
It was moved by Mr. DeCapito, seconded by Mr. Sneiderman and passed 6-0, to
approve the sign package as designed for Longhorn Steakhouse, subject to the
following conditions:
1. (NEW) That the neon along the front of the building is not part of this sign
package.
2. (NEW) That the sign on the south elevation logo "Bull's Head" be brought down
to meet the 160 sq. ft. Sign Code requirement.
3. (NEW) That the proposed sign on the west elevation is eliminated.
4. (NEW) Approved the corporate colors as submitted on the application.
5. (NEW) That Mattress Discounters is not included in this sign package.
C. Aspen Towers; 851 SE 6th Avenue, #103; Revision to the Established Blanket Siqn
Program; William R. Cwynar, Authorized Agent.
The item before the Board is to modify the established Blanket Sign Program for
Aspen Towers.
Ms. Andrea Strohmer, Plan Review Technician, presented the item to the Board
through a review of the staff report. The Blanket Sign Program was established over
two SPRAB meetings, which included a major identification sign over Bay #1, and
the tenant flat wall signs on the west elevation. At these two meetings the applicant
5 SPRAB Minutes 2/13/02
had requested that the Board not consider the signs for the south elevation until the
tenants had been established. The applicant is requesting the following additional
signage:
1. The south elevation signs are proposed at 18 inches in height, with illuminated
channel letters, in Helvetica bold font. The faces will be green plexi, trimmed in
gold jewelite, on returns that will match the color of the building. The south wing
has three bays and these signs will match the signs approved for the west
elevation fascia.
2. Adding flat wall signs in the arches on the west elevation and the arches are
13'4" in length and 6'8" in height (79.32 sq. ft.). The sign area is proposed with
12 inch high letters for tow lines of copy, with the same font, face, and returns as
the Blanket fiat wall requirements. Staff recommends that the Board gives
direction for setting the total sign area height for a double line of copy.
3. The freestanding sign will be single faced, 5'6" in height, with a sign area of 2 feet
in height by 6'8" in length (13.21 sq. ft.). The base will be stucco and match the
color of the building. The sign is made of urethane, with blue & red copy on a
white background, and a red accent border. The copy will read, "lnstaSign".
Staff recommended that the Board use its discretion to achieve a Blanket Sign
Program that will enhance the center and South Federal Highway.
Mr. William Cwynar of INSTA Sign presented a drawing that depicted the location of
his sign shop, which is located in the corner of the building. However, there isn't
sufficient frontage for an identification sign and that is why the freestanding sign is
being requested. On the south elevation where his business is located that there
are three bays that could be divided for individual signage, however staff had
informed him that he couldn't get a waiver. Mr. Cwynar would prefer the name of
his business located above his shop instead of on the street. Mr. Cwynar stated
that he was looking for guidance from the Board.
The Board discussed the following with the applicant and staff.
Mr. Sneiderman asked what the white spaces where on the drawing.
Mr. Cwynar explained that those where proposed areas for signage.
Mr. Sneiderman commented that he didn't see a reason why this wall couldn't be
divided for all three signs, which would include "lnstaSign".
Ms. Strohmer explained that if "lnstaSign" is located over his business that the
sign would acumen into bay 102, which he doesn't occupy. Also, this would be a
revision to the sign code.
Mr. George Diaz, Deputy Building Official stated that to allow bay #3 to have a
sign over Bay #2 would require a motion to recommend the sign be forwarded
on to the City Commission for consideration of a waiver o the sign code. This
location is considered an off premise sign.
6 SPRAB Minutes 2/13/02
DR,AFT
For consistency use the same font on the arches as used for "Aspen Tower".
For "Cookie Nook and Sandwiches" less letters are needed and more of a
border is needed. The Board suggested that the words "Cookie Nook "is
stacked over each other and eliminate "and Sandwiches". The applicant agreed
with the Board.
Further discussion ensued, regarding making a recommendation to the City
Commission of a waiver, eliminating the freestanding sign, and that the sign panels
on the south elevation are divided three ways.
It was moved by Mr. Sneiderman, seconded by Mr. DeCapito and failed 0-6 to
approve the additional signs to the established Blanket Sign Program for Aspen
Towers, subject to the following conditions:
That the sign panels on the south elevation be divided three ways to allow for the
three stores to have an appearance on those panels, and that there be a
minimum of a 1 1/2' between the edge of the building and between the signs on
that panel.
2. That on the archways there be a minimum of an in-line of 1 1/2', and the sign has
to fit within the in-line, the letters of the sign are to be 12" in height.
3. That the proposed freestanding sign is to be eliminated.
It was moved by Mr. Sneiderman, seconded by Mr. DeCapito and passed 6-0 to
recommend approval of a waiver to the Blanket Sign Program for Aspen Towers, to
allow the tenant (Bay #3) in the corner location to have his sign appear on the south
elevation over Bay #2, because of the hardship that this location is considered an off
premise sign.
It was moved by Mr. Sneiderman, seconded by Ms. Dabney-Battle and passed 6-0
to modify the established Blanket Sign Program for Aspen Towers, subject to the
following condition:
That on the archways there is a minimum imaginary in-line drawn of 1 1/2' and
that the proposed signage has to fit within the in-line with lettering not exceeding
12" in height. That the lettering be specific to the name of the business.
It was moved by Mr. Sneiderman, seconded by Ms. Dabney-Battle and passed 6-0
to approve the sign package as submitted for Aspen Towers, subject to the
following conditions/modification:
1. That "And Sandwiches" doesn't appear in the Cookie Nook sign;
2. That the proposed freestanding sign is eliminated from the sign package; and,
7 SPRAB Minutes 2/13/02
3. That the Cookie Nook sign lettering is stacked, one line per name.
DRAFT
IV. MISCELLANEOUS
A. Weinberq; 14620 South Military Trail; Color Change; Michael Modica, Authorized
Agent.
The item before the Board is approval of a color change for Weinberg.
Mr. Scott Pape, Senior Planner presented the item to the Board. The proposal is to
change the color of the existing from off-white walls and pink columns to dark beige
walls and light beige columns. Staff recommended approval.
It was moved by Mr. Eliopoulos, seconded by Mr. Sneiderman and passed 6-0 to
approve the color change as submitted for Weinberg.
A. 1. through A.4.
Lighthouse at Delray Beach; 102 SW 1st Avenue, 112 SW 1st Avenue, 118 SW 1st
Avenue, and 106 SW 1st Avenue; Norbort Poli, Authorized Agent.
The item before the Board is approval of color changes for the four addresses listed
above at Lighthouse at Delray Beach.
Mr. Scott Pape, Senior Planner explained that these proposed color changes where
given to him today and that he didn't have a chance to review them.
The applicant wasn't present to confirm the numerous colors for each of the
structures; therefore it was the consensus of the Board to table the applications.
It was moved by Mr. Eliopoulos, seconded by Mr. DeCapito and passed 6-0 to table
the color changes for the Lighthouse at Delray Beach.
Mr. Gary Eliopoulos stepped down from the dais for the following item.
B. Spanish River Inn; 1111 East Atlantic Avenue (Northeast corner of East Atlantic
Avenue and Seabreeze Avenue); Landscape Plan; Debora Turner, Authorized
Agent.
The item before the Board is approval of the landscape plan for Spanish River Inn.
Mr. Scoff Pape, Senior Planner presented the item to the Board through a review of
the staff report. At its meeting of December 12, 2002, the Board had approved the
Class IV site plan modification and architectural elevations, however the landscape
plan was tabled. The revised landscape plan addresses the Board's comments and
staff recommended approval.
8 SPRAB Minutes 2/13/02
Date: 3/15/02
Agenda Item No. ~ 1~
AGENDA REQUEST
Agenda request to be placed on:
X Regular
When: March 19, 2002
Description of Agenda Item:
Ordinance/Resolution Required:
__ Special __ Workshop ~ Consent
Request for Waiver to Section 4.6.7(E)(1) of the Land Development Regulations
Governing Signs - Aspen Towers, 851 SE 6th Avenue
Yes ~ Draft Attached: Yes ! No
Recommendation: Approval
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: (~es~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
BY GIVEN ~ a ~
467 E}{1), ~ ~ ~n
~ C~ ~ ~1
A ~BLIC H~RI~ ~ ~
~o~ wa~r of ~e C~'s ~nd ~e~
T~y ~rch 19 ~2, M7~ ~
~c~ ~o ap~l any ~mn
or b~[mg~ ~h ~on{s wdl
S~tue 2~ 0105
CI~ OF DEL~Y
Publ~ ~rch 8 2~2
~ Ra~lray ~ach
~ ~85~4
TO:
THRU:
FROM:
P~~N~D~R OF PLANNING AND ZONING
I~BERT G. TEFFT, PLANNER
SUBJECT:
MEETING OF MARCH 19, 2002.
APPEAL OF THE HISTORIC PRESERVATION BOARD'S APPROVAL OF A
CLASS V SITE PLAN AND DESIGN ELEMENTS ASSOCIATED WITH COA-
2002-038 FOR MANAGEMENT SYSTEMS.
The action requested of the City Commission is that of consideration of an appeal of the Historic
Preservation Board's approval of a Class V site plan and design elements associated with COA-
2002-038 for Management Systems. The subject property is located at the southwest corner of
NE 2nd Street and NE 1st Avenue, within the Old School Square Historic Arts District.
Actions by the Historic Preservation Board were taken on February 20, 2002. These actions
were appealed on March 1, 2002 by Brian Louis Lipshy (property owner to the northeast).
The appeal is being processed pursuant to LDR Section 2.4.7(E), Appeals.
The development proposal includes the construction of a two-story, 2,400 square foot office
building; construction of a five (5) space parking lot along the south side of the property and two
(2) parallel parking spaces within the NE 1st Avenue right-of-way. The proposal also includes
the purchase of three (3) in-lieu parking spaces; and, installation of new brick paver sidewalks
and walkways. A variance was granted to reduce the side-street setback from 15' to 10'. A
complete analysis of the proposal is found in the attached Historic Preservation Board staff
report.
At its meeting of February 20, 2002, the Historic Preservation Board approved the Class V site
plan, variance, and design elements associated with Certificate of Appropriateness-2002-038.
As the proposed included a variance request, the Board followed the established quasi-judicial
procedures in considering the project. Assistant City Attorney, Brian Shutt was present to
oversee the item and answer questions with respect to procedure. The applicant offered
testimony, which supported the development proposal.
There was public testimony in opposition to the request. The objections related to over-
utilization of the land, the inadequacy of on-site parking, and the variance request. The Board
discussed the required dedication of five feet (5') of additional right-of-way for NE 1st Avenue
and felt that the intent of the code had been met and that the proper findings could be made
with respect to the variance request.
City Commission Documentation
Meeting of March 19, 2002
Appeal of Historic Preservation Board Action - Management Systems
Page 2
On March 1, 2002, the Historic Preservation Board actions were appealed by Brian Louis
Lipshy. The appellant has indicated the following as the basis of the appeal:
"The Agenda of the Historic Preservation Board failed, as required by code, to provide
the following required information: i) the nature of the variance being requested by the
petitioner; and ii) failed to disclose that the hearing of the matter was a quasi-judicial
hearing/final hearing. In addition, the Historic Preservation Board erred in granting of the
site plan approval and the variance. The Board did so by failing to identify under which
provisions of the code petitioner was entitled to the variance and site plan approval.
Furthermore, the Historic Preservation Board erred in granting the site plan approval and
variance by not properly applying the parking requirements and allowing the use of
parking previously dedicated to and partially paid for by the owners of Bankers Row.
Thus a 'de facto' taking of the property rights of all members of Bankers Row has
occurred, without properly notifying all members of Bankers Row."
While the appellant has referenced the variance in his appeal, pursuant to Land Development
Regulations Sections 2.2.4(D)(6), and 2.2.6(D)(6), the decisions of the Historic Preservation
Board on variances are final. Any person, or persons, Taxpayer, Department, Board, or Bureau
of the City may aggrieve any decision of the Historic Preservation Board and may seek review
of such decision in the Circuit Court of Palm Beach County.
The two (2) actions, which are subject to this appeal, include:
1. Approval of COA-2002-038 for the Class V site plan for Management Systems, subject to
certain conditions.
The Board discussed the project in detail and made a positive finding with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of the Comprehensive
Plan and Land Development Regulations Section 2.4.5(F)(5).
With respect to the grievance pertaining to the Board "not properly applying the parking
requirements", pursuant to Land Development Regulations Section 4.4.24(G)(4)(a), eight (8)
parking spaces are required for the development. Five (5) parking spaces were provided onsite,
and the remaining three (3) spaces will be provided via payment of an in-lieu parking fee
pursuant to Land Development Regulations Sections 4.4.24(G)(5), and 4.6.9(E)(3)(b)(3). In
association with the payment of the in-lieu fee, two (2) of the three (3) parking spaces will
provided within the NE 1st Avenue right-of-way. Based upon the above, the parking required of
the project is being provided in accordance with the applicable sections of the Land
Development Regulations.
The grievance pertaining to the Board "allowing the use of parking previously dedicated to and
partially paid for by the owners of Bankers Row" and a "taking of property rights of all members
of Bankers Row has occurred", is not entirely accurate. The payments made by the property
owners along Bankers Row were with respect to streetscape improvements. The actual parking
lot was paid for by the Community Redevelopment Agency (CRA), which then turned the facility
over to the City for use as a public parking lot. Additionally, the Bankers Row Master Plan
specifically states that the Bankers Row parking lot will help "accommodate existing and
potential parking needs of property owners immediately to the west and south" of Bankers Row.
City Commission Documentation
Meeting of March 19, 2002
Appeal of Histodc Preservation Board Action - Management Systems
Page 3
2. Approval of the design elements for Management Systems associated with COA-2002-038.
While the Board felt that the proposed Caribbean style building was not in keeping with the
overall style of the historic district, they did feel that at two-story's the building was in keeping
with the scale of neighboring structures. Despite the opinion of the Board that the building style
was not compatible with the district, they did find that the elevations were in compliance with the
requirements of Land Development Regulations Sections 4.6.18 and 4.5.1, and should be
approved.
.
Commission's Discretion.
Attachments: · Historic Preservation Board Staff Report
· Letter of Appeal
CITY OF DELRAY BEACH
HISTORIC PRESERVATION BOARD
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 20, 2002
II. F.
Management Systems, Old School Square Historic District, Jeffrey Silberstein,
Authorized Agent.
GENERAL DATA:
East:
South:
West:
Existing Land Use ......................
Proposed Land Use ....................
Owner ......................................... Management Systems
Worldwide, EEC.
Applicant ..................................... Silberstein Architects, Inc.
Location ...................................... Southwest Corner of
Northeast 2"'~ Street and
Northeast Ist Avenue.
Property Size .............................. O. 17 Acres
Future Land Use Map ................ OMU (Other Mixed Use)
Current Zoning ............................ OSHAAD (Old School
Square Historic Arts District)
Adjacent Zoning ................ North: OSHAAD (Old School
Square Historic Arts District)
OSHAAD (Old School Square
Historic Arts District)
OSHAAD (Old School Square
Historic Arts District)
OSHAAD (Old School Square
Histodc Arts District)
Vacant Lot
Construction of a 2,400-sq.
ft., two-story, office building.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
3RD
DRIVE N.E. 2ND
OLD
ATLANTIC AVENUE!
I!. F.
The action before the Board is that of approval of COA-2002-038, which incorporates
the following aspects of the development proposal for Management Systems, pursuant
to LDR Section 2.4.5(F):
Class V Site Plan;
· Design Elements; and,
· Variance Request.
The subject property is located at the southwest corner of NE 1st Avenue and NE 2nd
Street (Martin Luther King Jr. Drive), within the Old School Square Historic Arts District
(OSSHAD).
The subject property incorporates Lot 9, less the west 60' thereof, and the north 26.5' of
Lot 10, less the west 60' thereof, Block 67, Town of Linton. The property contains 0.167
acres and is zoned Old School Square Historic Arts District (OSSHAD).
At its meeting of December 5, 2001, the Historic Preservation Board (HPB) approved a
Certificate of Appropriateness for the demolition of a one-story residence built in 1978.
An application for site plan approval is now before the Board for a two-story, 2,400
square foot office building with associated parking and architectural elevations.
The development proposal involves the following:
· Construction of a new two-story, 2,400 square foot office building;
· Construction of a new five (5) space parking lot along the south side of the
property, two (2) parallel parking spaces within the NE 1st Avenue right-of-
way, and the purchase of three (3) parking spaces via the payment of an in-
lieu parking fee; and,
· Installation of new brick paver sidewalks, and walkways.
The site plan application also includes a variance request to the following section of the
City's Land Development Regulations (LDR):
· A variance request to reduce the required side street building setback from
15' to 10' [LDR Section 4.3.4(K)].
Historic Preservation Board Staff Report
Management Systems - COA-2002-038
Page 2
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations (LDR) shall be specifically
addressed by the body taking final action on the site and development proposal.
LDR Section 4.3.4(K) Development Matrix:
The following table indicates that the proposal complies (with the exception of the side
street setback) with LDR Section 4.3.4(K) as it pertains to the OSSHAD zoning district:
Required Proposed
Building Height: 35'-0" 23'-6"
Building Setbacks: Front (North) 25'-0" 25'-0"
Rear (South) 10'-0" 50'-5"
Side Street (East) * 15'-0" 10'-0"
Side Interior (West) 7'-6" 7'-6"
Open Space: 25% 44%
· - Refer to Variance Analysis
Variance Analysis:
Pursuant to LDR Section 2.2.6(D), the Historic Preservation Board (HPB) shall act on all
variance requests within an historic district, or on a historic site, which otherwise would
be acted upon by the Board of Adjustment. Prior to granting a variance, HPB must
make the following findings pursuant to LDR Section 2.4.7(A)(5):
(a) That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not generally applicable to
other lands, structures, or buildings subject to the same zoning (The matter of
economic hardship shall not constitute a basis for the granting of a variance);
(b) That literal interpretation of the regulations would deprive the applicant of
rights commonly enjoyed by other properties subject to the same zoning;
(c) That the special conditions and circumstances have not resulted from actions
of the applicant;
(d) That granting the variance will not confer into the applicant any special
privilege that is denied to other lands, structures, and buildings under the
same zoning. Neither the permitted, nor nonconforming use, of neighborhood
lands, structures, or buildings under the same zoning shall be considered
grounds for the issuance of a variance;
Historic Preservation Board Staff Report
Management Systems - COA-2002-038
Page 3
(e) That the reasons set forth in the variance petition justify the granting of the
variance, and that the variance is the minimum variance that will make
possible the reasonable use of the land, building, or structure; and,
(f) That the granting of the variance will be in harmony with general purpose and
intent of existing regulations will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
Pursuant to LDR Section 4.5.1(J), in acting on a variance requests the Board may also
be guided by the following as an alternative to the above criteria:
(1) That a variance is necessary to maintain the historic character of property
through demonstrating that:
(a) A variance would not be contrary to the public interest, safety, or
welfare;
(b) Special conditions and circumstances exist, because of the historic
setting, location, nature, or character of the land, structure,
appurtenances, sign, or building involved, which are not applicable to
other lands, structures, appurtenances, signs, or buildings in the same
zoning district, which have not been designated as historic sites or a
historic district nor listed on the Local Register of Historic Places;
(c) Literal interpretation of the provisions of existing ordinances would alter
the historic site to such an extent that it would not be feasible to
preserve the historic character, of the historic district or historic site;
and,
(d) The variance requested is the minimum necessary to preserve the
historic character of a historic site or a historic district.
(2)
Or, as an alternative to Sub-Section (J)(1), that a variance is necessary to
accommodate an appropriate adaptive reuse of a structure within a Historic
District or upon a Historic Site through demonstrating that:
(a) A variance would not be contrary to the public interest, safety, or
welfare;
(b) The variance would not significantly diminish the historic character of
the Historic District or Site; and,
(c) That the variance requested is the minimum necessary to effect the
adaptive reuse of an existing structure or site.
(3) The Board shall otherwise follow procedures and impose conditions as
required of the Board of Adjustments.
The development proposal includes a request for a variance from LDR Section 4.3.4(K),
as it pertains to the side street building setback requirement. The specific variance
requested, and justification statement as supplied by the applicant is as follows:
Historic Preservation Board Staff Report
Management Systems - COA-2002-038
Page 4
"Originally we had provided for a 15'-0" side street setback. The dedication
of 5'-0" of right-of-way on NE 1st Avenue has resulted in a 10'-0" side
street setback. The required setback is 15'-0". We are requesting a
variance for a side street setback of 10'-0".'
The above rational does not address any of the required findings of LDR Sections
2.4.7(A)(5), or 4.5.1(J).
Prior to the dedication of the additional five feet (5') of right-of-way for NE 1st Avenue,
the proposed 2,400 square foot building was able to meet the building setback
requirements of the OSSHAD zoning district. Consequently, by dedicating the
additional right-of-way for NE 1st Avenue, the potential building footprint for the subject
property is being reduced. By allowing the requested variance to the side street
building setback requirement, the construction of the proposed 2,400 square foot office
building would be able to proceed, and an adaptive reuse of the subject property would
be realized.
As previously noted, granting the requested variance would reduce the side street
building setback requirement from 15' to 10'. By itself, this is not a tremendous
reduction. However, for those adjacent properties along NE 1st Avenue the setback is
25', as NE 1st Avenue constitutes the front of their property. Viewed from the
perspective of these properties, the requested variance would constitute a difference of
15' between where the proposed building with a variance would be constructed and
where the neighboring buildings elsewhere along the block are located, or could be
constructed. This concern was voiced by the Pineapple Grove Design Review
Committee.
LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD):
Parking Requirements:
Pursuant to LDR Section 4.4.24(G)(4)(a), all non-residential uses, with the exception of
restaurants, shall provide one (1) parking space per 300 square feet of total new floor
area. Based upon the above, the proposed 2,400 square foot professional office
building would require eight (8) parking spaces.
LDR Section 4.4.24(G)(5), states that if 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 $6,000 per space [REF: Section 4.6.9(E)(3)(b)(3) - Area 3: Parcels
located within the OSSHAD zoning district]. Due to site constraints the in-lieu fee option
has been proposed for three (3) required parking spaces, which will cost a total of
$18,000. 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 the applicant must construct
additional on-street parking and the total in-lieu fee due shall be reduced by an amount
equal to the actual construction cost, but in no event to exceed the total in-lieu fees due.
Historic Preservation Board Staff Report
Management Systems - COA-2002-038
Page 5
A five (5) space parking area consisting of four (4) standard and one (1) handicap
accessible parking spaces will be constructed on the south side of the property. The
three (3) remaining required parking spaces will be provided via an in-lieu parking
agreement, of which two (2) of the spaces will subsequently be constructed by the
applicant within the NE 1st Avenue right-of-way.
The Parking Management Advisory Board (PMAB) is scheduled to review the request
for the purchase of the three (3) in-lieu parking spaces at its meeting of February 26,
2002. Its recommendation will be forwarded to the City Commission on March 5, 2002.
Approval of the in-lieu parking fee option by the City Commission is attached as a
condition of approval.
Article 4.6 Supplemental District Regulations:
Fences:
Pursuant to LDR Section 4.6.5(A), walls, fences, hedges, or similar structures shall not
be erected in the public right-of-way or close to the public right-of-way in a manner that
will obstruct visibility or otherwise interfere with the proper flow of vehicular traffic,
pedestrian safety, or the provision of public services. The proposal calls for the
installation of a three foot (3') high picket fence on the north and east sides of the
property. As the fence is only three feet (3') in height, it will not obstruct visibility along
the adjacent rights-of-way. Thus, positive findings can be made with respect to LDR
Section 4.6.5(A).
Site Lighting:
Pursuant to LDR Section 4.6.8, site lighting must be provided for new development
proposals. There are two (2) decorative wall mounted light fixtures proposed for the
south elevation of the building (facing the parking lot) and two (2) additional decorative
wall mounted fixtures along the north elevation. Also, decorative post mounted lights
are proposed for the southwest corner of the property and along the north side of the
driveway. However, a photometric plan in compliance with LDR Section 4.6.8 has not
been provided with the submittal, and has been attached as a condition of approval.
Bicycle Rack:
Pursuant to LDR Section 4.6.9(C)(1)(c)(3), bicycle parking facilities shall be provided by
a fixed or stationary bike rack for any non-residential use within the City's TCEA
(Transportation Concurrency Exception Area). The subject property is located within the
TCEA and is therefore required to provide a bike rack. A bike rack has not been
indicated on the site plan, and its' provision has been attached as a condition of
approval.
Historic Preservation Board Staff Report
Management Systems - COA-2002-038
Page 6
OTHER ITEMS:
Right-of-Way Dedication:
Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's
Comprehensive Plan, the required right-of-way width for NE 1st Avenue is 60'. Currently
40' of right-of-way exists for NE 1st Avenue. The Development Services Management
Group (DSMG) approved a right-of-way reduction for NE 1st Avenue to 50'.
Accordingly, only five feet (5') of additional right-of-way must be dedicated by the
property owner, which is attached as a condition of approval. The required right-of-way
width for NE 2nd Street is 50', and has already been provided.
Sidewalks:
Pursuant to LDR Section 6.1.3(B)(1), a five foot (5') wide sidewalk is required within the
rights-of-way adjacent to the property. A five foot (5') sidewalk currently exists along the
north side of the property adjacent to NE 2nd Street. This sidewalk will be replaced with
a new brick paver sidewalk to match the sidewalk being installed within the newly
dedicated NE 1st Avenue right-of-way. With the installation of the new sidewalks this
requirement will be met, however the sidewalk along NE 1st Avenue must extend
through the proposed driveway, and is attached as a condition of approval.
Site Plan Technical Items:
While revised plans have accommodated most of the staff concerns the following item
remains outstanding, and must be addressed prior to building permit submittal:
1. The height and dimensions of the proposed sign at the northeast corner of the
property need to be provided on the site plan.
The landscape plan associated with the subject development proposal is not before the
Board at this time. The applicant will need to return to the Board for landscape plan
approval, and has been attached as a condition of approval.
The proposed two-story office building has been designed at a scale consistent with the
residential area. The architectural style of the building is Caribbean, and while this style
is now commonly found throughout the City, that is not entirely the case with the Old
School Square Historic District. The District is comprised more of the wood frame
vernacular style, and consequently there is a concern with respect to the architectural
compatibility of the Caribbean style structure within the District, which the Board may
wish to discuss.
Historic Preservation Board Staff Report
Management Systems - COA-2002-038
Page 7
The proposed north and south elevations will be identical to one another and will consist
of several full length aluminum frame windows along the base of the building. The two
(2) single-hung windows at the east ends of the elevations will be accented with
decorative wood Bahama shutters overhead and Iouvered wood shutters along both
sides. The three (3) central windows along the base of the elevation will be accented
with a stucco reveal. The aluminum frame doors at the west ends of the elevations will
have a rounded top and will be encased by an archway of sidelights, which in turn will
be encased by a stucco band. Louvered wood shutters will be attached along both
sides of the door, as well as decorative light fixtures. The first and second floors will be
separated by a stringcourse, which will run across all four elevations of the building.
The second floor shall have a pair of aluminum frame windows accented by Iouvered
wood shutters at both the east and west ends of the elevation. At the center of the
second floor of the north and south elevations will be a balcony. The balcony will
feature a white wood picket railing, and will be supported by decorative brackets at its
base.
The east and west elevations, while not identical, are very similar to one another in their
appearance. The first floor of the east elevation will feature four (4) full length aluminum
frame windows with decorative Bahama shutters overhead and Iouvered wood shutters
along the sides. The second floor will consist of four (4) aluminum frame windows
accented by Iouvered wood shutters. As previously indicated, the west elevation is very
similar to the east elevation, with the main difference between them being the size and
number of windows. The west elevation will have three (3) windows on both the first
and second floors; however the windows will be larger in width than those on the east
elevation. All of the proposed windows will be single-hung, and generally will consist of
eight (8) lites.
The building will feature a silver standing seam metal roof that will have a slight change
in pitch and the eaves. The Pineapple Grove Design Review Committee has
recommended that the change in pitch be more defined, staff agrees with this
assessment, and the change in pitch is attached as a condition of approval.
The first floor of the building will be painted pale yellow (Crocus Yellow), and the second
floor will be painted cr~me (Veiled Sun). All of the doors, windows, shutters, railings,
and trim will be painted white.
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, written materials submitted by the applicant, the staff report, or
minutes. Findings shall be made by the body, which has the authority to approve
or deny the development application. These findings relate to the Future Land
Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with
the Land Development Regulations.
Historic Preservation Board Staff Report
Management Systems - COA-2002-038
Page 8
Section 3.1.1(A) - Future Land Use Map:
The subject property has a Future Land Use Map designation of OMU (Other Mixed
Use), and a zoning designation of OSSHAD (Old School Square Historic Arts District).
The OSSHAD zoning district is consistent with the OMU Future Land Use Map
designation. Pursuant to LDR Section 4.4.24(B)(2), within the OSSHAD, business and
professional offices are a permitted use. Based upon the above, it is appropriate to
make a positive finding with respect to the Future Land Use Map.
Section 3.1 .I(B) - Concurrency:
As described in Appendix A, a positive finding of concurrency can be made as it relates
to water, sewer, streets and traffic, drainage, parks and recreation, open space, and
solid waste.
Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix B, a positive finding of consistency can be made as it relates
to Standards for Site Plan Actions.
Section 3.1.1 (D) - Compliance with the Land Development Regulations:
As described under the Site Plan Analysis of this report, a positive finding of compliance
with the LDRs can be made, provided the conditions of approval are addressed.
Comprehensive Plan Policies:
A review of the goals, objectives and policies of the City's Comprehensive Plan was
conducted and no applicable policies are noted.
Section 2.4.5(F)(5) (Site Plan Findings):
Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of Chapter
Three, the approving body must make a finding that the development of the
property pursuant to the site plan will be harmonious with the adjacent and
nearby properties and the City as a whole, so as not to cause substantial
depreciation of property values.
The subject property is bordered on all sides by the OSSHAD (Old School Square
Historic Arts District) zoning district. The existing adjacent land uses include: an office
building to the north; and single-family residences to the south, east, and west.
Compatibility with the adjacent single-family residential, and office uses is not a
concern. The abutting single-family residences located to the south, east, and west will
be buffered by proposed landscaping, and an existing six-foot (6') high wood fence
Historic Preservation Board Staff Report
Management Systems - COA-2002-038
Page 9
located on the adjacent single-family properties. The proposed use as a business office
will be Iow intensity in nature and is appropriate in a mixed-use district. In addition, the
redevelopment of the site should enhance property values in the area, and may serve
as an inducement for the upgrading of nearby properties.
Community Redevelopment Agency (CRA):
At its meeting of January 24, 2002, the CRA recommended approval of the
development proposal, and while the CRA did not directly support the requested
variance, they did not suggest that it be denied.
Pineapple Grove Design Review Committee:
At its meeting of February 11, 2002, the Pineapple Grove Design Review Committee
recommended approval of the development proposal while stressing concerns over
effect the requested setback variance would have on the neighborhood. Ultimately, the
Committee did not support the granting of the requested variance. The Committee also
suggested that the Bahama shutters be lowered so that they may operate more
efficiently, and that the change in roof pitch be more defined.
Neiahborhood Notice:
Special Notice was provided to the Old School Square Homeowner's Association.
Letters of objection, if any, will be presented at the HPB meeting.
The development proposal involves the construction of a 2,400 square foot two-story
office building with associated parking. The proposal will be consistent with the policies
of the Comprehensive Plan and Chapter 3 of the Land Development Regulations,
provided the conditions of approval are addressed. The proposed redevelopment of the
site should enhance property values in the area, and may serve as an inducement for
the upgrading of nearby properties.
A. Continue with direction.
B. Approve COA-2002-038, and the associated variance, Class V site plan, and
design elements for Management Systems, subject to conditions.
C. Deny approval of COA-2002-038 and the associated variance, Class V site
plan, and design elements for Management Systems, with basis stated.
Historic Preservation Board Staff Report
Management Systems - COA-2002-038
Page 10
A. Variance Request:
Board's Discretion.
B. Site Plan:
Approve COA-2002-038 for the Class V site plan for Management Systems,
based upon positive findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the Comprehensive Plan and
LDR Section 2.4.5(F)(5), subject to the following condition:
1. That the height and dimensions of the proposed sign at the northeast
corner of the property are provided on the site plan;
2. That the proposed landscape and engineering plans return to the Historic
Preservation Board for approval;
3. That the three (3) in-lieu parking spaces are approved by the City
Commission;
4. That a photometric plan in compliance with LDR Section 4.6.8 is provided;
5. That a bicycle rack is provided onsite;
6. That five feet (5') of additional right-of-way is dedicated along NE 1st
Avenue;
7. That the proposed sidewalk along NE 1st Avenue is extended through the
drive aisle; and,
8. That the change in roof pitch be more defined.
C. Design Elements:
Approve the design elements for Management Systems, associated with COA-
2002-038, based upon positive findings to LDR Section 4.5.1(E), Development
Standards.
Attachments: · AppendixA
· AppendixB
· Proposed Site Plan
· Design Elements
Staff Report Prepared by:
Robert G. Tefft, Planner
Pursuant to LDR Section 3.1.1(B), Concurrency as defined pursuant to ObJective B-2 of
the Land Use Element of the Comprehensive Plan, must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Water and Sewer:
Water and Sewer plans have not been submitted for approval at this time. The applicant has
indicated that they will return to the Board at a later date for approval of the engineering plans,
which has been attached as a condition of approval.
Drainacle:
A preliminary drainage plan has not been submitted for approval at this time. The applicant has
indicated that they will return to the Board at a later date for approval of the engineering plans,
which has been attached as a condition of approval.
Streets and Traffic:
The subject property is located in the City's Transportation Concurrency Exception Area
(TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business
Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach
County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for
concurrency purposes; however a traffic statement is necessary to keep a record of trips
approved in the TCEA and for calculation of traffic impact fees. The applicant has submitted a
statement, which indicates that the proposed professional office building will generate 46
Average Daily Trips (ADT).
Parks and Open Space:
Park dedication requirements do not apply for non-residential uses. Thus, the proposed
development will not have an impact with respect to this level of service standard.
Solid Waste:
The proposal calls for the construction of a 2,400 square foot office building. The amount of
solid waste generated annually by the proposed office building will be 6.48 tons [2,400 sq.ft, x
5.4 lbs. = 12,960 lbs/2,000 = 6.48 tons]. The Solid Waste Authority has indicated that its
facilities have sufficient capacity to handle all development proposals till the year 2021.
Therefore, a positive finding can be made to this Level of Service.
Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard
Does not meet intent
This standard will be met when a photometric plan in
compliance with LDR Section 4.6.8, is provided, which has been
attached as a condition of approval.
Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-1 and D-2 of the Transportation Element.
Not applicable
Meets intent of standard
Does not meet intent
The provision of a bicycle rack has been attached as a condition
of approval.
C, Open space enhancements as described in Policies found under Objective B-1
of the Open Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable X
Meets intent of standard
Does not meet intent
Vacant property shall be developed in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adJacent land uses; and fulfills remaining land use
needs.
Not applicable X
Meets intent of standard
Does not meet intent
Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 of the Housing Element.
Not applicable X
Meets intent of standard
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not applicable
Meets intent of standard
Does not meet intent
X
Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable
Meets intent of standard
Does not meet intent
X
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
& Ln, SH , P.A.
: :~:-~-~-~,~ ~ ..... COUNSELORS AT LAW ~ ,, ............
ROBERT S. SARAGA
ALSO A~'~ ~..~ IN NE~ YORK
BRIAN lOUiS LIPSHY
ALSO ADMrTTED IN WASH D C
201 N.E. FiP, ST AVENUE
DELRAY BEACH, FLORIDA
(561) 330-0660
Boc^ R~To~q (561) 362-7423
TELECOP¥ (561) 330-0610
E-M~aL. info@slpalaw, com
DANIEL J ROSE
March 1, 2002
Via Hand Delivery
City Clerk
City of Delray Beach
100 N.W. 1 ~ Avenue
Delray Beach, Florida 33444
Appeal of Historic Preservation Board granting of site plan approval
and variance therein for commercial building, southwest comer of NE
1 st Avenue and NE 2"d Street, Old School Square Historic District.
Gentlemen:
Please be advised that the undersigned represents Robert S. Saraga and Brian Louis Lipshy,
the owners of that ~eal property located at 201 N.E. First Avenue, Delray Beach, Florida. This letter
shall serve as a formal appeal of that certain decision of the Historic Preservation Board granting a
certificate of appropriateness and site plan approval and variance therein for a commercial building,
located at the southwest comer of NE 1st Avenue and NE 2nd Street, Old School Square Historic
District at a meeting held on February 20, 2002. We have been advised by the Planning and Zoning
Department, City of Delray Beach, that there is no fee to file this appeal.
In accordance with Section 2.4.7 (E) Appeals, the following information is being provided:
Action being appealed:
Historic Preservation Board granting a certificate of
appropriateness and site plan approval and variance therein
for a commercial building located at the southwest comer of
NE 1st Avenue and NE 2nd Street, Old School Square
Historic District.
Who took action:
Historic Preservation Board at a regular meeting held on
February 20, 2002 at 6:00 p.m.
Basis' of appeal:
The Agenda of the Historic Preservation Board failed, as
required by code, to provide the following required
information: i) the nature of the variance being requested by
MAR'O 4
SARAGA & LLPSHY, P.A.
COUNSELORS AT LAW ..z~- _
City Clerk
City of Delray Beach
March 1, 2002
Page 2
petitioner; and ii) failed to disclose that the hearing of the
matter was a quasi judicial hearing/final hearing. In addition,
the Historic Preservation Board erred in granting of the site
plan approval and the variance. The board did so by failing
to identify under which provisions of the code petitioner was
entitled to the variance and site plan approval. Furthermore,
the Historic Preservation Board erred in granting the site plan
approval and variance by not properly applying the parking
requirements and allowing the use of parking previously
dedicated to and partially paid for by the owners of Bankers
Row. Thus, a de facto taking of the property rights of all
members of Bankers Row has occurred, without properly
notifying all members of Bankers Row.
Relief Sought:
Appellants request that the order granting site plan approval
and the variance therein, be overturned and that the City
Council conduct a hearing de novo.
Appellant and Interest in Matter:
Appellants are Robert S. Saraga and Brian Louis Lipshy, the
owners of that real property located at 201 N.E. First Avenue,
Delray Beach, Florida. Appellants interest in this matter is
that as owners of real property located within 500 feet of the
subject property and as members of Bankers Row, whose
property rights are being threatened.
Should you there be any questions, please do not hesitate to contact the undersigned.
BLL:jpl
Very _ ~tt2¢..fy.yours; .............. '-~
S AKA ~¢~, &~LIPSI:-Iy>P. A.
B~s Lipshy
cc: Bankers Row
& L ?SH , EA.
COUNSELORS AT LAW
ROBERT S. SARAGA
AI....~3 ADMITTED IN NLL'W YORK
BRIAN Louis LIPSHY
Al..~o ADMITTED IN WASH D C
201 N.E. FIRST AWNU~.
DELRAY BEACH, FLORIDA 33~]~
(561) 330-0660
Boc^ RATON (561) 362-7423
TELECOPY (561) 330-0610
E-M~dL. info@slpalaw, com
DANIEL J. ROSE
City Clerk
City of Delray Beach
100 N.W. lst Avenue
Delray Beach, Florida 33444
March 18, 2002
Via Hand Delivery
RECEIVED
CITY CLERK
Appeal of Historic Preservation Board granting of site plan approval
and variance therein for commercial building, southwest comer of NE
1 st Avenue and NE 2nd Street, Old School Square Historic District.
Gentlemen:
Please allow this letter to serve as our formal request for an extension of the hearing for the
above-referenced appeal. Appellants, the original petitioner and the Planning and Zoning department
met on Friday, March 15, 2002 and are continuing to work to reach an amicable resolution that is
acceptable to all parties. All parties believe that an amicable resolution can be had, but said
resolution will necessitate another review and approval by the Historic Preservation Board. Thus,
we request that our appeal be postponed while all parties continue in their efforts to resolve the
issues.
BLL:jpl
Should you there be any questions, please do not hesitate to contact the undersigned.
R. Brian Shutt, Esq.
Bankers Row
/~~s Lipshy
RECF_..%VED
C¥I'¥ CLERK
TO:
THRU:
FROM:
DA)/Tp T. HA~RDE_N, CITY MANAGER
~~~ARKING MANAGEMENT SPECIALIST
SUBJECT:
MEETING OF MARCH 19, 2002 - REGULAR AGENDA
REVIEW A REQUEST FROM THE ANTIQUE EXPERIENCE FOR THE
PURCHASE OF 3 IN-LIEU PARKING SPACES.
The Antique Experience is an antique retail sales store (bazaar / museum) to be
located at 504 East Atlantic Avenue. The proposal includes the addition of 718
square feet of new non-residential space, which pursuant to Land Development
Regulations (LDR) Section 4.4.13(G)(1)(a) requires 3 parking spaces.
The applicant is unable to provide the required spaces on site and is requesting the
purchase of 3 In-Lieu Parking Spaces pursuant to LDR Section 4.6.9(E). The cost per
space in the area is twelve thousand dollars ($12,000), for a total of thirty six
thousand dollars ($36,000), to be paid in full at the time of the submission of a
building permit.
Within close proximity of the subject property parking spaces in three Municipal
Parking lots are available with a total of 176 spaces (Old City Lot - 67 / Village Lot -
34 / Gladiola Lot - 75). Each of these lots is within walking distance of the property
and contains a mix of both two and eight-hour parking.
The Parking Management Advisory Board, at their meeting of October 23, 2001,
unanimously recommended approval of the applicant's request.
By motion, approve the request from The Antique Experience for the purchase of
three (3) in-lieu parking spaces in the amount of thirty six thousand dollars ($36,000).
TO:
THRU:
FROM:
SUBJECT:
MEETING OF MARCH 19, 2002
ADOPTION OF DOWNTOWN DELRAY BEACH MASTER PLAN
In 2000, the City partnered with the CRA and the Village Foundation, (formerly MAD DADS),
and the John D. and Catherine T. MacArthur Foundation for the completion of a Downtown
Business District Plan to address development and redevelopment issues within the City's core
business areas. Other participants in the project included the University of Florida College of
Law, the FAU/FIU Joint Center for Environmental and Urban Problems and the Treasure Coast
Regional Planning Council. The task facing the City was to develop a Plan that would be
comprehensive in scope, address the needs in each business sector, include all citizen groups
in the planning process, and bring continuity between the areas east of Swinton Avenue and the
minority community to the west. Beyond the objective of producing schematics and policies for
the area's physical development, the goal is to enhance the community's social growth and
development, particularly in the area of race relations.
The planning process culminated in a community-planning charrette in April, 2001, involving
over 200 participants representing a variety of ethnic groups, neighborhoods, business
communities, and property owners. The result has been the development of a Downtown
Master Plan that includes the entire business corridor from 1-95 to Ocean Boulevard (A-l-A),
taking into account the needs and concerns in each area while developing a bond between east
and west.
A charrette draft report, prepared by the Treasure Coast Regional Planning Council, was
submitted to the City for review in September, 2001. Following review by staff for consistency
and technical accuracy, the document was discussed in detail by the Steering Committee at
several meetings. In December, staff was directed to prepare a final draft of the Master Plan
based on Steering Committee comments. The draft plan was presented to the Committee on
January 7, 2002 for review and the Committee formally endorsed it on February 4, 2002. The
draft plan was then transmitted to various City Boards and other groups for review and
comments during February and March. The Steering Committee reviewed and addressed these
comments at their March 11, 2002 meeting. A recommendation by the Committee on each of
the comments is included below, in the "Review by Others" section of this report..
The downtown business area is divided into three districts, the West Atlantic Neighborhood from
Interstate 95 to Swinton Avenue, the Central Core District, from Swinton Avenue to the
Intracoastal Waterway and the Beach District, east of the Intracoastal Waterway to the beach.
The Master Plan includes several general recommendations and a series of proposals for each
of the three districts. The following major proposals are included:
City Commission Documentation
Downtown Delray Beach Master Plan
Page 2
· Hire an Urban Planner.
· Develop and implement Design Guidelines.
· Develop a public art program
· Create an entrance feature to the City on West Atlantic Avenue, east of 1-95. A two story
civic building is proposed in the median.
· Reduce the lane widths and widen the median on West Atlantic Avenue.
· Create a neighborhood plaza at NW/SW 5th Avenue.
· Create a system of neighborhood pocket parks.
· Change NE/SE 1st Streets from one-way back to two-way.
· Reduce the one-way pairs for Federal Highway from 3 lanes to 2 lanes in each direction.
· Develop a City-wide shared parking program.
· Develop a system of parking garages.
· Infill buildings in front of the Tennis Center.
· Reduce the number of lanes and construct a median on East Atlantic Avenue between
Gleason Street and Ocean Boulevard (A-l-A).
For specific information and details, please refer to the Plan. Please note that a prioritized
project table with approximate time frames is included on page 72. Please also note that the
"Conclusions and Recommendations" section of the Market Study, prepared by Marketek, has
been included as Chapter V in the Plan.
Parkin.q Management Advisory Board (PMAB)
The PMAB reviewed the preliminary draft of the Plan at its meeting of September 25, 2001, and
recommended adoption. The Board had the following comments:
1. It may be impractical and cost prohibitive for the City to assume liability for parking
spaces on private property to be used by the public, page 45.
2. Changing the code to require a maximum rather than a minimum number of parking
spaces would compound parking problems, page 45.
3. Towing of vehicles to enforce parking hours tends to discourage future patronage, page
45.
4. The number of existing parking spaces given in the plan appears to be more than
actually exists and seems to include private parking outside the study area. The spaces
may need to be re-counted to ensure accuracy, page 42.
Steering Committee Recommendation:
1. The Committee asked staff to refer this issue to the City Attorney. The City Attomey said
that the City cannot indemnify the property owners, (release the property owners from all
liability). However, the City can enter into a license or lease agreement with the property
owners for use of the parking lots by the public. Under this agreement, the City would be
liable for what happens during the lease period.
2. The Committee was also concerned about not having a minimum parking requirement
and asked staff to contact the Treasure Cost Regional Planning Council (TCRPC) to get
clarification. Mike Busha, of TCRPC responded as follows:
"Adopting a maximum parking requirement is an efficient way to control excessive
parking within a district. A maximum parking requirement implies that the highest
City Commission Documentation
Downtown Delray Beach Master Plan
Page 3
number of parking spaces allowed on any given property is regulated. For example 2
spaces per 1000 square feet of non-residential space is a common maximum in
downtown areas. A parking waiver must be obtained to exceed the maximum number of
parking spaces allowed.
A maximum parking requirement also means that development is possible without
providing any parking whatsoever. A competitive market requires buildings to provide at
/east some on-site parking, therefore, it is very rare to see buildings without any parking
even when so permitted.
This maximum parking requirement is only effective in cities where parking is treated as
part of the overall infrastructure, centrally available in the form of parking lots or garages.
An alternative to the pure form of maximum parking requirements is a combination of
both maximum and minimum parking requirements. Some cities define a maximum
parking requirement that is 10% or 20% higher than the minimum requirement. Others
adopt both requirements to ensure that no excess parking will be built, and at the same
time some on-site parking will be provided.
If both maximum and minimum requirements are adopted, the minimum requirement
should be flexible enough to allow for the adoption of special parking reduction programs
such as off-site parking, shared parking or payment in lieu of parking. For example, if
your maximum is 3 spaces per 1000 square feet and the development chooses to
provide less than that on-site, the difference should be made up through participation in
one of the city's off-site parking programs."
Based on this response, staff recommends that a maximum parking requirement be
included in addition to (not instead of) the current minimum requirements. The task of
determining the most appropriate requirement should be added to the scope of services
for development of the Design Guidelines.
The Committee recommends that the plan not be changed.
The Committee was made aware of this issue early in the review process. It is
acknowledged that the parking counts include private as well as public spaces and that
not all of the private spaces will be available for shared parking. The Committee
recommends that a notation to that affect be included in the report.
Downtown Development Authority (DDA)
The DDA reviewed the Plan at its meeting of January 16, 2002, and recommended adoption.
Comments on the plan were included in a letter from DDA Board member, Rich McGIoin. The
comments are as follows:
1. During the Charrette, all ten groups suggested an improved entrance at 1-95 and West
Atlantic Avenue featuring park sites with artwork on both the north and south sides.
Delete the proposed "Boca guard house" two story building in the median which was
only promoted by the TCRPC. Let's get back to the park concept that is the vision of the
citizens.
2. The creation of "land grants" and other programs need to be explored to help minimize
the displacement of the residents of the neighborhoods as development increases land
values.
3. Treasure Coast plan promotes the development of second, third and forth stories in the
central core district at the expense of the small town attributes, great physical structure
City Commission Documentation
Downtown Delray Beach Master Plan
Page 4
and charm. Although the property owner has the right to rebuild within the code limits,
the master plan should not make the rebuilding of downtown a goal.
4. Protection from large chain stores amassing large blocks of store fronts should be
included in the plan. There needs to be a square foot limit on contiguous space allowed
by a single tenant.
5. The Old School Square expansion was a result of a citizen Charrette and should not be
changed as proposed. The proposed changes are not pedestrian friendly and will
impede foot strolling down Pineapple Grove Way.
6. The Implementation and Management Section needs to address how this plan will be
coordinated between city departments, CRA, and all the associated review boards.
There needs to be training and complete understanding of the master plan by everyone
involved in the approval process.
Steering Committee Recommendation:
1. To expand the options, the plan should be amended to include "or other substantial
feature" as an alternative to the two story building in the median.
2. The language in the plan should be strengthened to include mechanisms to maintain
affordability.
3. The Committee does not concur and recommends that the plan not be amended.
4. The Committee does not think that this change is necessary. The design guidelines will
address many of the issues with larger scale buildings.
5. The alternative sketch for OSS should be eliminated from the plan.
6. No change is necessary. Staff already addresses issues related to approved plans in
Board staff reports.
Community Redevelopment A.qencv (CRA)
The CRA reviewed the Plan at its meeting of January 24, 2002, and recommended adoption
with the following comments:
1. Amend the third bullet to read "Consider reopening NE 1~t Avenue, between Atlantic
Avenue and NE 1st Street, if future phases for expansion of Old School Square do not go
forward, page 11.
2. Change the priority for neighborhood pocket parks to High Priority and begin
immediately, page 72.
3. Flip the alternative design for the Library to put the public plaza in front of the building,
page 34.
4. Note that all of the project designs and alternative designs for existing projects are
conceptual.
Steering Committee Recommendation:
1. The Committee concurs.
2. The Committee concurs.
3. The Committee does not concur and recommends that the plan not be amended. The
intent is to place the buildings closer to the street.
4. The Committee concurs.
Historic Preservation Board (HPB)
HPB reviewed the Plan at its meeting of February 6, 2002, and recommended adoption with the
following comments:
City Commission Documentation
Downtown Delray Beach Master Plan
Page 5
1. Add the downtown train station to the project table. Work on this should begin
immediately, page 72.
2. The description of the Osceola Park Cluster in the Market Study focuses too heavily on
the Haitian segment, although it is only one part of the neighborhood, page 85.
Steering Committee Recommendation:
1. The Committee concurs.
2. No change is necessary.
Pineapple Grove Main Street (PGMS)
PGMS reviewed the Plan at its meeting of February 11, 2002, and recommended adoption, with
the following comments:
1. The Master Plan does not recognize Pineapple Grove Way as an important commercial
corridor. Somewhere in the document, Pineapple Grove Way should be called out as a
substantial area for the expansion of retail growth in the downtown during the next ten
years. The map itself could be re-drawn to reflect commercial infill, not residential
bungalows, on Pineapple Grove Way and to reflect the Old School Square master plan
with its correct pavilion location.
2. The plan to locate a new band shell backing up to Pineapple Grove Way and facing west
with a service yard facing our avenue is unacceptable. The results of the design
charrette by Old School Square are that a new museum be placed on the avenue with
an open arcade to a secure pedestrian commons and a garage flanking the north side,
page 57.
3. We acknowledge the value of infill retail along a commercial corridor to enhance
pedestrian movement; however, each instance must be evaluated as to
appropriateness. Retail as indicated across the west portion of the Creations site, thus
hiding the main building, makes no sense and as a practical matter will never be added.
Steering Committee Recommendation:
The Committee concurs. The following language is recommended to be inserted in the
section of the Master Plan dealing with the Central Core District (Swinton to the
Intracoastal):
Pineapple Grove
The section of the downtown known as Pineapple Grove is located within the Central
Core District. The area is generally comprised of properties located along NE /st, 2~,
d th
and ~ Avenues, between NE 4 Street and the east/west alley just north of Atlantic
Avenue. Pineapple Grove is a unique, arts-oriented section of the downtown that
contains a mix of commercial, residential, and industrial uses. It was designated a
Florida Main Street community in August of 1994, and in 1998 a neighborhood plan was
adopted for the area. The plan addressed capital projects, zoning and use issues, arts
and aesthetic considerations, and non-capital (program) elements that will help ensure
the area's future as a vibrant mixed-used community with a heavy emphasis on the arts.
Many of the plan's components have already been implemented, including a major
streetscape improvement on Pineapple Grove Way; changes to the Land Development
regulations involving residential densities, open space, and building setbacks;
City Commission Documentation
Downtown Delray Beach Master Plan
Page 6
installation of a "Gateway Arch;" and the establishment of the outdoor arts program
known as ArtWalk.
The objectives and recommendations contained within the Pineapple Grove
Neighborhood Plan are hereby incorporated into this Downtown De/ray Beach Master
Plan. The following major development principles from that plan are noted below,
however, the neighborhood plan itself should be consulted whenever development or
redevelopment is proposed in the area.
· Pineapple Grove Way is to be transformed from a vehicular-oriented to a pedestrian
friendly environment. One mechanism for accomplishing this is to allow infill
development to occur within the existing private parking lots fronting on Pineapple
Grove Way. This would provide for continuous storefronts along the street, which
would encourage greater pedestdan movements. To accomplish this objective, it will
be necessary to explore alternative arrangements for parking, which are described in
greater detail in the neighborhood plan. While it may not always be feasible to
accommodate this type of infill, the possibility should be explored with every proposal
for development or redevelopment on properties which have surface parking
adjacent to the street.
· Mixed use, residential-above commercial development is encouraged, as is higher
density residential.
· Architectural style is to be a combination of old Florida and Caribbean influence, or
"Floribbean". A section on design guidelines for the area is included in the plan.
2. The Committee concurs. The alternative sketch should be removed from the plan.
3. A note that the overall master plan drawing is conceptual should be added.
West Atlantic Avenue Redevelopment Coalition (WARC)
WARC reviewed the Plan at its meeting of February 13, 2002, and recommended adoption.
Site Plan Review and Appearance Board (SPRAB)
The SPRAB reviewed the Plan at its meeting of February 13, 2002, and recommended
adoption.
Plannin.q & Zonin.q Board
The Planning & Zoning Board reviewed the Plan at its meeting of February 25, 2002, and
recommended adoption, with the following comments:
1. Language should be added that all alleys, which are retained by the City and not slated
for abandonment, should be maintained and improved, page 10.
2. The sketch of the proposed right-of-way section for Atlantic Avenue, east of the
Intracoastal Waterway depicts Palm Trees in the median and shade trees adjacent to
the sidewalks. This should be reversed, page 62.
Steering Committee Recommendation:
1. The Committee concurs.
2. The Committee concurs.
City Commission Documentation
Downtown Delray Beach Master Plan
Page 7
Others:
Concern has been expressed by restaurant owners Perry DonFrancisco (Boston's) and
Fran Marincola (Caf6 Luna Rose) regarding the recommended changes to A-1-A
adjacent to their restaurants (see attached letters). The plan recommends that the
sidewalk in front of their restaurants be widened, and that a lane of parallel parking be
provided to protect pedestrians and outdoor diners from moving vehicles. The restaurant
owners feel that the parked vehicles would block their diners' view of the ocean, which is
a major attraction for those establishments.
o
Diane Dominguez notes that as with the Pineapple Grove Neighborhood Plan, the
Master Plan for the downtown does not adequately reference the adopted West Atlantic
Avenue Redevelopment Plan. The existing West Atlantic plan needs to be
acknowledged as a guiding document in the future development of the area. The
following language is provided as a means for incorporating the recommendations in that
plan into the new Downtown Master Plan, pg. 15 in the '~/est Atlantic Neighborhood"
section.
In 1995, the West Atlantic Avenue Redevelopment Plan was adopted. The plan applies
to the section of the West Atlantic corridor bounded by 1-95 on the West, Swinton
Avenue on the east, and by SW 1st Street and NWIst Street on the south and north,
respectively. It also included the commercially zoned block north of NW 1st Street along
NW 5th Avenue. The plan was adopted pursuant to a public input process known as
Visions West Atlantic, which culminated in a charrette attended by various stakeholders,
civic leaders, City staff,, and design professionals.
The plan calls for gradual redevelopment, with an emphasis on the preservation and
enhancement of existing neighborhoods, while promoting a pedestrian friendly corridor
that has a mix of residential, commercial, and civic functions. Development of the
commercial area would take place with a minimum of displacement of residents. The
plan provides block-by-block illustrations of the type of redevelopment that may be
possible in the area.
The recommendations made within this master plan for the downtown are consistent
with the concepts and recommendations of the West Atlantic Redevelopment Plan, and
should be considered as a reinforcement of that plan. Some additional detail and
direction is provided herein, particularly with regard to streetscape improvements and
the location of public plazas and neighborhood parks. Both plans should be consulted
when evaluating any proposal for development or redevelopment in this district.
Steering Committee Recommendation:
The Committee concurs. The following changes to the plan, suggested by Diane
Dominguez, are recommended (new language is underlined). From the Master Plan
section "The Beach Distdct- The Eastern Edge" (pg. 67):
A lA plays a very important role in the City. It is the Eastern Edge of the Beach District,
and in many cases, the only image of the City that those traveling North and South along
A lA might have. As such, it should be considered as an area that projects the character
of the community, and should be such that passersby are tempted to stop and explore
the City.
City Commission Documentation
Downtown Delray Beach Master Plan
Page 8
A lA, at the intersection of Atlantic Avenue, is very wide, with angled parking on the East
and very narrow sidewalks on the West.
Given the existing right-of-way, there is enough room to reconfigure this road, only for
the section between Nfiramar Drive and Thomas Street. The proposed reconfiguration
maintains the angled parking on the East, two 10' travel lanes, an 8'para#el parking lane
on the West, shielding the sidewalk and protecting pedestrians, and a Western sidewalk
that is expanded by 6'. Alternatively, instead of a parallel parking lane, the sidewalk
could be widened an additional 2' and a 6' landscape strip could be provided as a buffer
between the pedestrians and movincl vehicles.
This new section will not only s/ow down traffic and create a safer environment for
pedestrians: It will be a powerful move in the Avenue that indicates to drivers that they
are passing through a special section, and invites them to explore the City that lies West.
By increasing the sidewalk width and shielding it with parked cars or landscaping,
pedestrian oriented activities are given a priority over the automobile.
2. The Committee concurs.
By motion, adopt the Downtown Delray Beach Master Plan with the changes as recommended
by the Downtown Delray Beach Master Plan Steering Committee.
Attachment:
· Draft Downtown Delray Beach Master Plan
· Comment letters
\\carolina\departments\planning & zoning\boards\city commission\downtown master plan.doc
· MAR-04-21~ B9:34 FROM:CAFFE LUNA ROSA 561-274-9957 T0:2768558
~~"~~34 S. Ocean Boulevard
Detray Beach, Florida 33483
(s6 )
February 26, 2002
Diane Domingucz
Community Redevelopment Agency
104 West Atlantic Avenue
Dclray Beach, FL 33444
Dear Diane,
I hope this letter finds you and your family well. At a recent merchants meeting
above the Old School Bread Co. thexe was discussion about future plans for the City. At
one point, thc discussion touched upon the widcning of the sidewalks on AIA as well as
other A1A improvemcnts. While I agree that the 10 foot sidewalk needs widening (the
average width of the sidewalk on Atlantic Ave. is 1 g feet and on the City Oyster block it
is 21 feel) and ! also concur that there should be a safety devicc to for jumped curbs, 1
don't think it shou}d be parallel parking. Il is only common sense to me tha! there should
he no parking in front of the A1A CBD zone. Parking would block the view of outdoor
and indoor customers of our beautiful ocean and dunes and it would also be a detriment
to widening thc sidewalk. Without parking in front of thc small ocean CBD zone, the
area is highlightcd and with the parking there it would be hidden. In order to achieve
salbty from vehiclcs on a wider sidewalk, we could implant in the concrete sleel safely
ornaments that ate used all over Europe for the same thing. I hope before instituting any
parallel parking in front of thc CBD zone on AIA wc have some sort of meeting with thc
businesses that arc affix:ted. Thank you in advance.
Cc: Bill Woods- City Commissioner
Paul Dorling- City Planning Managcr
David Harden- City Manager
UPPERDECK
40 South Ocean Blvd.
Delray Beach, Florida 33483
Phone (561) 278-3364
FAX (561) 278-3328
Mr. Paul Dorling
Director of Planning and Zoning
City of Delray Beach
100 NW l't Avenue
Delray Beach, Florida 33444
Re: Downtown Business District Plan
Alter revim~ng the proposed Downtown Delray Beach Master Plan, I would like to respond to the
recommendation on page 67 of the latest draR presented on January 7, 2002. The plan's
recommendation is to expand the width of the existing western sidewalk and also add parallel parking
on the western side of A-1-A.
I agree to widen the sidewalk would greatly enhance the area thus encourage moiling and cafd dining.
My concern is the parallelparking on the western side of A-1-A. These spaces would obstruct our
restaurants' most precious asset, the oceanview. The restaurants located on A- I-A rely on the
unobstructed view for our appeal and charm Vehicle parking directly in front of our establishments
would also create unwanted noise, exhaust, in addition to visible obstruction, thus negatively impacting
our guests dining experience.
I appreciate the notion that parked vehicles would provide a safety barricade between the
pedestrians/diners and the traffic along A-1-A. Though I believe this could be accomplished with
decorative posts or railings, allowing the view to remain unimpeded. The $ feet that would have been
dedicated for parallel parking could further widen the sidewalk on either side of A-1-A or 4 feet on
each side.
When one considers the actual number of spaces that may be allowed from the comer of A- 1-A and
Atlantic Southbound on the western side of A- l-A, the number will be relatively small considering the
intersection, driveways, alleys etc.
I would like to address this now before, it is a foregone conclusion that the plan is adopted as currently
written without flexibility and consensus of the area's stakeholders. Please allow this letter to serve as
a request for consideration prior to the adoption of what is a very good plan.
Perry DonFrancisco,
Boston's on the Beach/Steering Committee Member
cc. Diane Domlnguez, CRA
ROBERT G. CURRIE PARTNERSH/P
Architects, Planners & Interior Designers
Robert G. Cuttle, AIA
Jess M. Sowards, ArA
Jos~ N. Aguila, AIA
As a response to the downtown Oelray Beach Master Plan submitted by the Treasure
Coast Regional Planning Council as it pertains to the goals of the Pineapple Grove District,
we submit the following analysis:
We agree and welcome the restoration of the two way pairs on the by-pass street,
being Northeast 1 ~ Street and Southeast 1 ~ Street. This will greatly assist in
alleviating traffic movements throughout the city. This would also then allow for a
new round-a-bout to be placed at Northeast 1~ Street and Northeast 2~d Avenue.
The plan to locate a new band shell backing up on Pineapple Grove Way and facing
west but with a service yard addressing our avenue is unacceptable. The results of
a design charrette by Old School Square are that a new museum be placed on the
avenue with an open arcade to a secure pedestrian commons and a garage flanking
the north side.
o
The proposal to provide a mixed use development with retail on t.he avenue and
apartments above located at the old Publix site is a positive approach and should
be encouraged.
Although not specifically addressed, the new proposal for a 160 unit apartment
project located along Northeast 3 ~d Avenue is also an important component for
sustaining our redevelopment efforts in the Pineapple Grove District.
We acknowledge the value of inf/ll retail along a commercial corridor to enhance
pedestrian movement; however, each instance must be evaluated as to
appropriateness. Retail as indicated across the west portion of the Creations site,
thus hiding the main building, makes no sense and as a practical matter will never
be added.
ReSpectfully submitted,
Chairman
Pineapple Grove Design Committee
February 8, 2002
134 Northeast 1st Avenue, Delray Beach, Florida 33444
Telephone: (561) 276-4951 Fax: (561) 243-8184 E-mail: rgcp@curriearc.com
AIA Florida Firm of the Year 2000
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
DAVID T. HARDEN
City Manager
VICTOR MAJTENYI ~
Deputy Director Construction
WEST ATLANTIC BEAUTIFICATION PHASE I (PN 98-094)
Change Order # 1
MARCH 13, 2002
www delrayesd corn
Attached for City Commission approval is an agenda request for Change Order #1 to Megan South, Ific~in the net add
amount of $97,212.82 on the West Atlantic Beautification Project, Phase I, PN 98-094. Change OR[er #1 is for
plus/minus quantity adjustments to date on contract items and for miscellaneous changes to date on item~not in the
original contract.
The project was substantially complete on February 15, 2002. The contract time has been suspended from this date
until FPL removes the light poles. Time will commence again thereafter. Liquidated Damages for delay and
adjustments to final as-built quantities will be addressed in a future (final) change order.
The following is a brief description of each non-contract item as represented on Exhibit A to Change Order #1,
attached:
PCO #4-R3 (Proposed Change Order Request) m the amount of $20,911.00 deals with revisions from FDOT and
Palm Beach County. FDOT required irrigation piping to be deeper than specified on plans and PBC required
additional 2" conduits, pull boxes, and sleeves for fiber optic communications.
PCO #5-R in the amount of $12,526.53 is for additional excavation and flowable fill required at the base of newly
installed lampposts to resist the wind load specified by the manufacturer.
PCO #11 in the credit amount of (6,400.00) is for a reduction in landscape material specified due to physical field
constraints.
PCO #A in the amount of $11,734.63 is for additional work and material related to the installation of drainage
improvements addressing confhcts with water mains, fiber optic cables, and electrical lines.
PCO #B in the amount of $4,741.16 is for additional sidewalks installed. Field adjustments were made to tie-in
sidewalks at cross streets
Staff recommends City Commission approve Change Order #1 in the amount of $97,212.82 to Megan South, Inc. for
construction improvements to West Atlantic Avenue Beautification Project Phase I, PIN 98-094.
Funding ~s available from~~41-65 49, West Atlantic Beautiflcation,~l;hrough a~ budget transfer from
370-3162-541-65.42-Barrier Island.
cc:File 98-094 (A)
s\...\0010\CO 1 memo 03.19.02
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO.
PROJECT TITLE:
TO CONTRACTOR:
One (1) PROJECT NO. 98-094
West Atlantic Beautification Proiect, Phase I
Me§an South, Inc.
DATE:
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS
JUSTIFICATION: Provide all labor, material, and equipment necessary for the construction of vadous
revisions to the plans and specifications to the West Atlantic Avenue Beautification Project Phase I as
itemized on Schedule A attached.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 8.3 %
TOTAL PER CENT INCREASE TO DATE 8.3 %
$1,170,197.00
$0 00
$1,170,197.00
$97,212.82
$1,267,409.82
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, 0__ CALENDAR DAYS.
CERTIFIED STATEMENT:
I hereby certify that the supporting cost data included is, in my considered
opinion, accurate; that the prices quoted are fair and reasonable and in
proper ratio to the cost of the original work contracted for under benefit of
competitive bidding.
CONTRACTOR
(sign & seal)
SIGNATURE(ARCHITECT)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department ~ 2000 Roadway Bond/Barrier Island
DEPARTMENT
RECOMMEND:
APPROVED:
ENGINEER/DIRECTOR
CITY A'I-rORNEY
FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commission
E~y.
ATTEST:
By:
MAYOR
CITY CLERK
s.\...\98-094\C01 document 03.19.02.doc
3/14/2002
EXHIBIT "A"
West Atlantic Ave Beautification
PN 98-94
Change Order #1 Summary
Owner
Contractor's Unforeseen A/E Design Requested
P.C.O # Description Conditions Revisions Revisions
4-R3 Palm Beach County conduits; additional 20,911 00
excavation and conduits.
5-R Pole foundabon for windload (dbl poles only). 12,526.53
1 1 Credit for reduction ~n landscaping from -6,400.00
specs.
A Additional work related to drainage 11,734.63
~mprovements addressing utility conflicts.
IMiscellaneous concrete s~dewalk revisiosn
13 4,741.16~
and additions
~ Plus/Minus contract quantity adjustments to
date. 53,699.5C
Pending Change Orders $ 11,734.63 $ 31,778.69 $ 53,699.50
Total of Changes $ 97,212.82
Page 1 of 1
AGENDA REQUEST
Agenda Item No.:
Request to be placed on:
DATE: March 14, 2002
Regular Agenda
Special Agenda
Workshop Agenda
When: March 19, 2002
Description of item (who, what, where, how much): Attached is an Agenda Request for City
Commission to approve a Change Order #1 to Megan South, Inc. in the amount of $97,212.82 on the
West Atlantic Avenue Beautification Phase I project. It is required to increase/decrease quantities as
needed on contract items constructed as compared to the current contract quantities, in addibon to
changes not covered under contract items. The items and unit prices are detaded on Schedule A
attached to Change Order #1.
Funding Source
West Atlantic Beautificabon *
*Through budget transfer
Account Number
Amount
-3~3~3162-541-65 49 $97,212.82
JT0
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation:
Atlantic Avenue Beautilcation Project, PIN 9~
Department Hea~'~ ,.~t~C.-~~;~
Signature: ~C-~,~i- ~,~IZ J'~
Determination of Consistency with Comprehensive
Plan:
Staff recommends approval of Change Order #1 to Megan South, Inc. on the West
City Attorney Rewew/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available Y~NO
Funding alternative'~"-'~
Account No. & Description . See above
Account Balance ~
City Manager Review: EE~ ~
Approved for agenda: O
Hold Unbl:
Agenda Coordinator Review:
Received:
Placed on Agenda:
(if applicable)
Action:
Approved/Disapproved
file 98-094(A)
projects/1998-094/constrct/CO I agenda req 03 19.02.doc
RECEIVED
CITY MANAGER
CITY ATTORNEY'S
POLICE LEGAL ADV[SO
1993
POLICE LEGAL ADVISOR
MEMORANDUM
To:
From:
Date:
Re:
City Commission
Catherine M. Kozol, ? / _
Police Legal Advisor~/~
March 8, 2002
Settlement offer - James Rail, Elizabeth Rail and Amanda Rail v.
City of Delray Beach and Taco Bell
This case arose from suspected counterfeit money being passed by the
Rails at a Taco Bell Drive-Thru on August 22, 1997. The manager of Taco Bell
who suspected the bill to be counterfeit, called the Police Department to report
the incident. The police then completed a felony stop on a vehicle that
substantially matched the description of the Rail's vehicle. Mr. and Mrs. Rail and
their nine-year old daughter, then accompanied the officers back to the
department to determine the authenticity of the money. After the arrival of the
Secret Service agent from West Palm Beach, he determined that the suspected
counterfeit money was valid.
The Plaintiffs' attomey, on behalf of his three clients, has offered to settle
this case with the City for $12,500.00, inclusive of attorney's fees and costs. The
City Attorney's Office and the City adjuster recommends acceptance of this offer
subject to the receipt of appropriate releases.
By copy of this memo to David Harden, please place this item on the
March 19, 2002 City Commission agenda. If you should have any questions, do
not hesitate to contact me or Susan Ruby.
CMK/ath
cc: David Harden, City Manager
Barbara Garito, City Clerk
Susan Ruby, City Attorney
[ITY OF DELRI:IY BEFI[H
CITY ATTORNEY'S OFFICE
1993
POLICE LEGAL ADVISOR
300 W ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
'IELEPHONE 561/243-7823 · FACSIMILE 561/243-7815
POLICE LEGAL ADVISOR
MEMORANDUM
To:
From:
City Commission
Catherine U. Kozol,/~ Z _
Police Legal Advisor~~
Date: March 8, 2002
Re:
Settlement offer - James Rail, Elizabeth Rail and Amanda Rail v.
City of Delray Beach and Taco Bell
This case arose from suspected counterfeit money being passed by the
Rails at a Taco Bell Drive-Thru on August 22, 1997. The manager of Taco Bell
who suspected the bill to be counterfeit, called the Police Department to report
the incident. The police then completed a felony stop on a vehicle that
substantially matched the description of the Rail's vehicle. Mr. and Mrs. Rail and
their nine-year old daughter, then accompanied the officers back to the
department to determine the authenticity of the money. After the arrival of the
Secret Service agent from West Palm Beach, he determined that the suspected
counterfeit money was valid.
The Plaintiffs' attorney, on behalf of his three clients, has offered to settle
this case with the City for $12,500.00, inclusive of attorney's fees and costs. The
City Attorney's Office and the City adjuster recommends acceptance of this offer
subject to the receipt of appropriate releases.
By copy of this memo to David Harden, please place this item on the
March 19, 2002 City Commission agenda. If you should have any questions, do
not hesitate to contact me or Susan Ruby.
CMK/ath
cc: David Harden, City Manager
Barbara Garito, City Clerk
Susan Ruby, City Attorney
MEMORANDUM
TO:.
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM'S'- REGULAR MEETING OF MARCH 19, 2002
RATIFICATION OF APPOINTMENTS TO THE KIDS & COP
COMMITIEE
MARCH 15, 2002
The Kids and Cops Committee was established as an advisory board to the City Commission in
May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the
relationship between the local youth of our community and members of the DelrayBeach Police
Department through various programs and activities. It is composed of representatives from
the City's Police and Parks and Recreation Department as well as representatives from Delray's
public schools. Over the years membership has evolved to include "Other Representative"
which has provided the oppommity for interested residents to participate in the program. The
City Commission directly appoints members to fill the "Citizen at Large" and "Other
Representation" categories. The other appointments are made by the various groups involved
and presented to the Commission for ratification.
The current appointees for ratification are:
William J. Fay
Danielle Gallo
Kenneth M. Haines
Chris McCarthy
Officer Jeff Messer
Yvonne Odom
Edward Smith
Paula Stocker
Banyan Creek Elementary School
Parks and Recreation Department
S. D. Spady Elementary School
Plumosa Elementary School
DelrayBeach Police Department
Carver Middle School
Delray Beach Police Department
Orchard View School
Officer Messer, Mr. Fay, Ms. Gallo, Mr. Haines, Mr. McCarthy, Ms. Odom and Mr. Smith have
previously served on the Kids and Cops Committee. Ms. Stocker is a new appointee from the
respective organization. The term is for two years, ending November 30, 2003.
Recommend ratification of the various appointments to the Kids and Cops Committee as
outlined above.
City Clerk/Board Appt Memo/Kris & Cop 03-15-02
DELRAY BEACH '
A.-~caC~y
'BOARD MEMBER APPLICATION
1993
2001
Please type or print the following inforrr~tion:
2. Hom~Ad~ess:~~ /d~ .
3. ~ ~esi~ence: Ci~ S~te ~C~e
4. P~ B~s Address: OW State ~p C~e
5. Home Phone: BmMess Phone: E-M~ Address: CeB Phone: Fax:
6. Ate you: ~e~steted vote~? ~ $ If so, where ~e you te~tetea?~~ 1~~ ~
7. ~at Bo~d(s) ~e y~u ~t~ted ~ s~g? Pl~e ~t ~ order of pref~ce:
8. ~t ~ Ci~ Bo~ds on ~ you ~e ~m4 s~ ~ ~Ve prmom:y sm~ &l~se ~dude ~t~)
PS loves
9. ~umfio~ qu~bficafions:
~0. ~t ~y ~ted prof~sion~ c~fimfi0ns ~d ~censes whch you hold:
11. Give yo~ pr~en~ or most recent employer, ~d position:
12. Des~ ~mc~, s~ or ~o~e~ ~ qu~ you to s~e on ~ ~ ~l~e am~ a bdefresme)
Note: This application will r~rl file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S~YFY~~CA?ION
DELRAY BEACH
GOARD MI:MBI:'R APPLIC:;ATION
1993
2001
Please tTpe or print the following information:
2. Home Address: City State Zip Code
3. Legal'ResidenCe: " City State Zip Code
4. P~ucipal Business Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: ' '~ Cell Phone: Fax:
6. Are you a registered voter? If so, where axe you registered?
7. WhatB0ard(s) are you interested in serving? Please list in order of preference:P''--.-~ ,,~~;;td<",,;l6
8. List all City Boards on which you are currently serving or have previously serve& (Please include dates) --.-
9'. Educaaona] q incafious:
'0. List any related professional certifications and licenses which you hold:
i'1. Give your. present, or. most recent employer, and position: ,_. ,.
IZ Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
hereby certify that all the above 'statements are true, and I agree and understand that any misstatement of material facts
eonts, ined in this applicafio%Ty cause forfeiture upon my part of any appointment ! may receive.
SI'~-NATURE- - ~ '"-- -- DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
8~:rI'Y~~A'FION
BOARD MEMBER APPLICATION
1993
Please type or print the followins information:
Ho,~me Address:
! 3. Lega~ Residence
4. ~ci~ B~ess Ad.ss:
S. 'H~me Phone: (5~1)
city
Business Phone: ( )
State
State
Middle Initial
}"~ ,,
Zip Code
~ ~'5'7
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)
Educational aualifications:
9. List any related l~rofessional Certifications and licenses WhiCh you hold:
10. Give_your present, or most recent employer, and po.sition:
! !. ~scribe experiences, skillsror knowledge ,which qualify, you to serv.e, on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part of
any appointment I may receive.
SIGNATURE
NSIe:
DATE
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 thai a current application is on file.
8~"11'Y CLF. RK~O~PUC Al'iON
DFJ. RAY eEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1, Last Name:
.Me
2. t~orne Address:
3. L~gal Residence
4.
Name
City
State
State
Middle Initial
Zip Code
Zip Code
Principal BusineSs Address: City State Zip Code
5. Home Phone: (.5's~ ~ ) ~5'2 - _~'~D. Business Phone: (~(~ ~ ) ~q 5 - t~/: 2_
/
6. What Board(s) are you interested in serving? ~ td 5 r-~ CO t.~ c~
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
Educational qualificatiOns:
9. List any related Professional certifications and licenses which you hold:
10. Give your present, or most recent 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 of
any appo/ntment! may receive.
~;IGNATURE DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
$~TY~ARIRAPl~ICATION
DELRAY BEACH '
NI-;tm~icaCity
BOARD MEMBER APPLICATION
1993
2001
Please type ox g tint the following information:
1. Last Name:~ ~ Name M.I.
3. ~ Residence: Ci~ State ~p C~e'
4. P~ B~s Ad&ess: Ci~ State ~p code
5. Home Phone: Bm~ess Phone: E-M~ Ad&ess: CeB Phone: F=:
6. Are you a re~te~ed voter?__~__ ~ ·
7. ~at ~d(s) ~e you ~t~ested ~ s~g? Pl~se ~st ~ ord~ ofpref~ce:
8. ~t ~ ~ Bo~ds on w~h you ~e ~y s~g or have p~ously s~e& ~l~se ~dude ~tes)
9. ~ucafion~ q~ficafi~s: k
10. ~st any teated professio~ ce~fions ~d ~cens~ w~ch you hold:
11. Give yo~ pr~eng or most recent employer, ~d posMon:
lZ D~ ~<mc~, s~ or ~o~ ~ ~ you to~e on ~s ~=& ~l~e amch a brief resme)
I' h~eby c~ ~at ~ ~e a~ve sut~m~ ~e'~e, md I ~ ~d md~d ~at ~y ~su~t of~t~ fac~
5~q~:p.~6~ ~y ~use fo~e upon my ~
p~ of ~y ~~t I ~y rec~e.
SIGN~ ' DA~
L~ote:
This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
~ubmitted. It will be the applicant's responsibility to ensure that a current application is on file.
g~21TYCI/.RK~IiO AllD~O~W. AIION
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Plesse type or print the £ollowin~ inform.tion:
2. Home Add~ess: State Zk) Code
3. Legal Residence: City / State Zip Code
4. P~incipal Business Ad&ess: City State Zip Code
5. Home Phone: Business phone: E-Mail Address: Cell Phone: Fax:
6. Are you a registered voter?--~0/~_~_-~ If so, where' are you registered?
7. What Board(s) are you interested i~i/serving? Please list in order of preference:
s. ~st? ci~ S0ards on w~cb eou arep~ent~e sag or bare pr~ous~e s~ed: (please include d~tes)
9. Educational qualifications:
/
11. Give your present, or most recent c, mplo~.cr, and posJtiom
12. Describe experience.s, skills or knowledge which qu, alif~ you to serve 9n this board: (Please attach a brief resume)
1'h~/e.i~certifi/that ~ the above statements are true, and ! agree and understand that any misstatement of material facts
tai~e~~ cau, u,u,u,u,u,u,u,u/~(/e in this apphcation ma cau~ br. feimre upgn my part of any appointment I mae receive.
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please t]tpe or print the following reformation:
2. Home Address:~-~'a~ State ~ Code
~. ~ Residence: ~ S~te ~p Code
4. P~dpfl Bus,ess Ad&ess: Civ State ~p ~e
5. Home Phone: Busbess Phone: E-M~ Ad&ess: CeB Phone: Fn:
6. ~e you a re~t?ed votez? If so, where are you re~stered?
7. ~at Bogd(s) ~e ~ou &t~ted & s~g? Pl~se ~st ~ ord~ of pref~ce:
8. ~t ~ ~i~ Bog~ on ~ you ~e ~fly s~ or ~ve pr~ously se~e& ~l~se &dude ~tes)
9. ~ucafionfl qu~fi~fions:
10. ~t any rehted professionM c~ficafions ~d ~censes wMch you hold:
11. Give yo~ presen~ or most rece~ ~ployet, md position:
12. ~be ~c~, s~ll~ or ~~ ~ ~ you to se~e on ~s ~d: ~l~e a~ a brief resme)
~~ ~ ~ app~fi~ ~ ~use forfd~e u~n my pm of my ap~M~t I ~y r<dve.
S DA~
Note:
This application will remain on file ill the City Clerk's Office for a period of 2 years ~om the date it was
submitted. It will be the applicant's responsibility to ensure that a cu~ent application is on file.
~C-TTY~ARO~U~PLICATION
DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please type or print the following infonmtion:
2. Home Address: City State Zip Code
3. Legal Residence: City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
6. Are you a resistered voter? I£ so, where ~e you registered?
7. XY/hat Bo:~rd(s) ~re you interested in serving. Please hst in ordex of: pre£erence:
8. List ~ Cit7 Boards on ~ich you ~re cu~entl¥ servin~ or h~ve previously served: (Please indude dates)
9. Educ~tion~] qu~liSc~fions:
- j
10. List any related professional certifications and licenses which you hold:
Pi oric~0~ Prnge~sStwvx~ I (~--~oL~ccc'For CCrJr~'C~
! !. G~e your present, or most recent employer, ~nd position:
12. Desa:ibe expmences, skills or knowledge which qualify you to serve on this boarck (Please attach a brief resume)
I hereby certify that all the above statements are true, md I stg~ee ~nd uncle~stand that ~my misstatement of material facts
con,~t~d in this application may cause forfeiture upon my part of any appointment I/may/receive.
SIGI~ATUKE ~' ' '
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 applica_~t's responsibility to ensure that a current apphcation is on file.
SS~-'I~II'~ ~PPLICATION
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~ REGULAR MEETING OF MARCH 19, 2002
APPOINTMENT TO THE BOARD OF ADJUSTMENT
MARCH 15, 2002
Claeryl Lee-Bennett was appointed to the Education Board on March 5, 2002 creating a vacancy for
an unexpired term ending August 31, 2002 for a regular member on the Board of Adjustment.
Gary Rosen and Stanley Warshaw have both been recently appointed as alternate members and
would like to be considered for a regular member.
To qualify for appointment, a person shall be either a resident of or own property in the city, and/or
own a business within the city.
The following have submitted applications for consideration:
John Baccari
William Branning
John Gwynn
Benjamin Ricker
GaryRosen
Stanley Warshaw
(currently on Board of Construction Appeals)
alternate)
(alternate)
A check for code violations and/or municipal liens was conducted. None were found with the
exception of John Gwynn. Please see attached print out of monies owed to the City of Delray Beach.
Voter registration verification was done and all are registered.
Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat # 4).
Recommend appointment of one (1) regular member to the Board of Adjustment for an
unexpired term ending August 31, 2002.
MR450102
C~stomer ID .. . :
Last statement . :
Last invoice_ . :
Current balance . :
Pending ..... :
City of Delray Beach Florida
Invoice Inquiry
Name: GWYNN, JOHN D
Addr: 203 NW 16TH ST
DELRAY BEACH, FL 334443031
400
3/01/02
6/03/99
683.54
.00 Status: A ACTIVE
Overdue Total billed
107.00 107.00
105.88 105.88
68.88 68.88
68.86 68.86
68.86 68.86
3/08/02
13:18:17
Type options, press Enter. 1-Select
Opt Date Invoice # Current
6/03/99 14156 .00
-- 5/22/98 11786 .00
-- 3/23/90 14206 .00
-- 3/23/90 14207 .00
-- 3/23/90 14208 .00
MR450102
Customer ID . . . :
Last statement . :
Last invoice . :
Current balanc~ ·
Pending ..... :
Type options, press Enter.
1-Select
Opt Date Invoice #
1/10/01 18893
City of Delray Beach Florida
Invoice Inquiry
3/08/02
13:19:02
400
3/01/02
1/lO/Ol
69.00
.00
Current
.00
Name: GWYNN, JOHN D
Addr: 203 NW 16TH ST
DELRAY BEACH, FL 334443031
Status: A ACTIVE
Overdue Total billed
69.00 69.00
F3=Exit F12=Cancel
3211 Sherwood Boulevard
Delray Beach, Florida 33445
March 8, 2002
City of Delray Beach
Board of Adjustment
100 N. W. 1st Avenue
Delray Beach, Florida 33444
Dear Board Members and Chair:
Please accept this letter as my resignation from the Board of
Adjustment. Please make my resignation effective immediately. I will
be participating as a new member of the Board of Education for the City
of Delray Beach.
I have enjoyed working with the Board of Adjustment and wish all well.
Thank you for your attention and cooperation to my request.
Sincerely,
(561) 495-9978
RECEIVED
MAR - R 2002
CITY CLERK
L
,llll, CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
2&3-0055
~."Whai~oud(s)areyouifltcrested ~nria~
Na~e
c~
City
Sut~e
' S~
Bu~ness'"~e~ 561-832-9 ! ~0'
Middle l~i~;
:
Zil) Cools
Zip ¢octe
geview &Appeaz~nce Doe=d
-~-~[~*~*~i~B~m*ds<mw~ich~y~u~mcurrc~dyse~N~v~mvi~us~y*~rved:(P~c~scinc~ud~d&~)
Board of Adju!,c~e~c,.- 1991-1993/1995-~z~e~t-rer? e~-pi~es S/31/00
Board of Cons~ruc%tonAppeals
~.'Educ~ti~lqualifica~o~s:' "
B. A. in archlceccuze, Sy~acuseUn~ve~sicy
9. Lut ~ny related ptofes~,o~l cerUfir, at~.oes and hearses wh,ch you hold:
.~,eglItex_ed..azc.hitect~ General Contractor and Licensed State Inspector
lr-f~-. (~ve your I~esent, or mo~t recent employer, and poi{tiaa: ' '
11'.' D~scHbe ' sk~lls or keowledg¢ which qualL~ You to ~e. rv~ o~ tl~$ bo~td?(efease l~tach · t~ief reSUme)
'i hereby ~ ~et e/I the a~ve ~ments a~ m~e, and I agree and Uhde~tend that an~ '
mi~tatement of material ~ ~ntained in ~is appli~tion may cause ~ffeiture u~n my pa~
, ~~ ,
JUN 1 3 2000
CITY CLERK
243 3'~4 9&z P. IL3
C
C
20:~A ~SA
Cor-po~'a~: t on
?'440
~ "
- -BOARD MEMBER APPLICATIOH
:001
' I
d~ 111 ! I f - .ciTy oF 0ELRAY e .E~C.
. ~' ' N I J ~ ~ .~OARD MEMBER APPLICATION
' ~Jea,e ~p~ or p~ ~e ~o~fl mf~n: . ..
& / ..... ~~ ..... ' ,, / ~o~f
~ I 4 P~c'p'i ~essAd~ess:__ ~ _ / Ci* I~ 1Z,pCodc t
I
sub--wed lc ~] bc &e mppbum's ~o~ m ~s~ ~t i c~ent ~bcau~ zs o~ ~c.
RECEIVED
~0¥ l 6 206f
-'CITY CLFPK__
}OH]V D. G~,rl~Nr
203 N.W'. 26 TH ST.
DELRA¥ BEACH FL. 33~I4
IR~SIHESS
.OWNER'~OHN D. OWYrCN CONS'rUCTION MANAGEMENT GE'I~RAL CO~TTRAC~OR, 1985-
CO~)WNER LrrTLE FIELD AVl) ASSOCIATES REAL ESTATE I~1C.19993-1997, (~Y
CO'LDWELL BA~ER LITTLF]I~LD OFFICE)·
~CiVlC BOARDS.
D~I.RAY BEACH BOARD OF REALTORS BOARD OF DIRECTORS 1990-1992.
CITY OF DELRAY BEACH B£~ARD OF CONSTRIICTION APPi:ALS 1990-1993.
~DUCA?ION
B.S.B.UI].DrblG CONSTUCTION, COLLI~GE OF ARCHITECTURE, UNIVERSITY OF FLORIDA 1983.
A~. SANTA FE COMI~UNITY 'COLLEGE, 1951.
CARDh~IAL NEWMAN H1GH SCHOOL, 1977.
STATE LICENSES
· LICEHSIED REAL ESTATE BROKER, 1993.
LICENSED GL:lqE~L CONTRACTOR, 19~.~.
08/08/01 WED 16:55 FA~ 561 243 3774 CI'I'Y CLERK ~02
DELKAY BEACH
Nl-im~rim Cily
BOARD MEMBER APPLICATION
1993
2001
Pluse ~pe o~ pdm the followi~ iaforms~ion:
2. Home Adckess: ~ Cit7 . ./~' S~te Zip Code
,.
4. ~z~ ~us~ess A~s: ~ Sine ~ Code
5. Home Phone: B~ess Phon~ E.M~ A~ss: ~ Phone: F~ "
6. A~ Zola ~e~t~d vote? N so, ~ ~e you ze~t~
9. gd~don~ q~ca6o~: ....
~0. ~st nay ~ehtcd profes~ol~ c~cz~ons lnd hc~es w~ you hol~
11. Gi~e yo~ pz~e~g oz most ~e~t e~p~yeg ~d
7
"' '' · el '*' e"'
C
RTW ,VC.
~ M4N4~£~$ .....
~ 1987-1~ItESD~T
for ~~ ~ ~ ~ of l~9h~ ~fa~g.
~ve for ~ ~y'l ~a~ ~s ~ fill ~ r~k ~g~
~t ~~t ~r ~es ~ size ~ld
COLE
B.D.
CEq'C3B~,I982'MARCH, 1987
BZN F. RIC~m · ASSOCIATES
FL. ~audardale, Fl. ~B~,197!
~en F. Bicker & Associates ~erated as a ocm~rc£al 9ener&l
Col~, Ohio ,~I~¥ 1977-
~tcber, 1982
1978
National Director of &urketi~. zespmsible for direct IM,r*kettr~
and cc~tract nego~tatto~ vlth I~lepen~ent Insurance Agents
out the United States. fla~ag~n9 sales force with.tn the ~y
creating a tots! o£ 8.3 ogency alSO--ts and ~JcLng 2.6
mlllic~ ~ollars in v~lume owr ~ 1~ a~th period.
P.O. lOX L?-~o4 ! · DEL.RAY PEACH, FLORIDA ,13493 · ~0~) 11~4.7~35 · FAX ~ ~l$',f(~JlM
RTW co P, N ,
~f'J.rc~, 1976-~Tmuory ~977
,7~r~e 1953-Narch 19';6
Starked ~n 9eneral ~nsurance sales. ~eca~ Presidenk of the
co.any resl~ns~ble for a~lnis~a~ and Mles. ~ ~I~
~~ in ~ ~=l~ f~ $132,000 ~z ~ ~ ~er $~00,000
~r year.
RTW
foun~tr~ President of ~merlcan Pzotective Ltfe Insurance
liars valuable knc~ledge ~n the field of agenc~ acq~is~Lon.
2, Hent~ of the ~lor2da J~scclat~ of ~3epen~rfc 2nsurance
J~ents, Served m the Ageac¥ ldana~t C~Httas £or 4 years,
3, ~ President o~ Central Brevud Independent Agents Assoc,
5, Ta~jht genera2 J~s~rance ab both High School ard Junior College
level,
aCTIVITIES. C2x~a Beach C~w~er oS Canrerce PreJident a Vt~ P~si~nt
S~te Vi~ P~sl~nt Florl~ 3~ ~r of C~~
~ ~h ~r of ~~ ~ of D~~ for 6 ~s.
P~s~t fo= ~ ~ar,
B~evar~ Coun~y PlannAnq t Zon~ng Board for 4 years
Chamber of ~
D~s~d Service J~,Lrd
1951 -Jt.me1953
BOX ~.~041 · DELRAY BEACH. FLORIDA ~ · I[a05,~ 7~4.77~5 * FAX
" ' CITY.OF. DELRAY BEACH"
C, BOARD MEMBER 'APPLICATION
2001
Plesse t~e or print the following infommdon:
1. l~st Nsme:
Rosen
2. Home Address:
817 NW Second Avenllt
3. Legal Residence:
4.. Principal Burn. ess Address:
1515 g. Federal Rwy. Suite 300
5. Home Phone: [ Business Phone:
330-0099 [ 266-9669
6. Arc you a registered rorer?
Yes . .
?.
N~llc
~Y
City
Delray Beach
Boca Baton
State
State
State
E-Mail Address: ICell Phone:
I garyrosen@att.nelt 251-1065
3~P4 C°de
44
Zip Code
Zip Code
:33432
If so, where sro you registered?
Delray Beach: FL
Fix:
266-9166
\'~at Board(s) ~re you interested m servmgF Please list m order of preference:
Planning & Zoning, Board of Adjustment, Comm. Redevelopment,
Housing Auth
8. List all Cin' Boards on which you a.re currently sen'rog or have previously sen'ed: (Please include dates)
City 9~, Boca Raton Zonin9 Board Of Adjustment - 10 Years
OI
9. Educational quahficafions:
State University of NY - AA
Ohio State University
10. List any related professional certifications and licenses which you hold:
Flo, rifla Real Estate & Mortgage Broker Licens
11. Give your present, or most recent employer, and position:
Taylor Marketing Group - President
12. _Descri.¥ experien~s, skills o.r knowledge .w~i.'ch .quslif7 ¥ou. to_s. erve on this bo~d.~ (Please attsch._a b.fief resume)
Ten Years ox servxce as a Memoer ano chairman oz the uoca Bacon
Zoning Board of Adjustment, Real Estate Developer, Consultant,
Builder.
] hereby certi~ve
ipphc~on
statements s. re true, and I agree and understand that any misststemem ofmateml facts
cause forfeiture upon my p~rt of any appointment I may receive.
Nov. 12, 2001
DATE
Note: This .will remain on. file, m thc City .... Clezk's Office for a period of 2 y
submitted. It will be the applicant s responsibility to ensure that a current applicanon ~s on e~.
CITY OLERK /
CITY HAll. · 201 WEST PAJ.M,-~ IO PARK ROAD · BOCA RATON, FLORIDA ~.-.-~2-3795 · PHONE: (~61)
(FOR HEARING IMPAIRED)TOD: (561)~67-7046
~.INCO~: (561) 922-770O
~ugust 20, 2001
Mr. Gary Rosen
1027 Pepper Ridge Ten-acc
Boca Raton Fl. 33486
We want to thank you very much for yom' service as a member of the Zoning Board of
Adjustment over the past ten years. Because of yom. dedication, Boca Raton is a better
place for all of us.
In recoEnition of yom. service, please find enclosed om' Cen/ficate of Appreciation.
We wish you success in yom' furore endeavors.
~" LeifJ. Ahuell, C.P.A.,C.G.F.O.
I jr
0
GARY ROSEN
10Z7
'pe~dge
C~ T&C~
Boca Eaton
FL 33486
November 12, 200l
Ms. Knzc-n Sc~tl
City Of Delray Beach
100 NW 1~ Avenue
Delray Bench, Florida 33444
I have recently moved to Delray Beach hnvin~ been a resident of Boca Raton
for the past F~l~een years.
While r~siding in Boca Rnton I served as a Member and Chairman of the
Zonin~ Board of Adjustn~m! for n ~ often years.
I now hnve nn interest in servin~ ns a member of an Advisory Bonrd or
Committee for the City Of Delray Beach.
Since I~791 hnve ncquired and developed real estate in South Florida,
acted as a consultnnt for various national and regional development
and lmve served as President of the Florida Atlantic Builders Association
repr,.-sentin~ more than one thousand builder and associate members.
My preference would be n position with Plannin~ & Zoning, Board of
Adjustment, Community Redevelopment Agency or Housing Authority.
I can be reached by mnil at 817 NW 2n~ Avenue, Delray Beach 33444,
telephone at 251-1065 or via fax at 266-9166.
Your oonsideration on my behnlf is appreciated.
--'~ITY OF DELRAY BEACH
t111:
--4BOARD MEMBER APPLICATION
1993
2001
]~>~d~xre you ~t~ted m l~ P~se ~st ~ ~ orifice:
9. F=ducafiom] qualiGcations:
10. ].,ist say ~'e.J~ted
professionsl cer~. ~om sad licenses which you hold:
~; 11. Give yom present, o: most recent _-~.~loye~, and position:
Note: This .pplicition w~l mmin on Gle in the City C]~'s OfGce fm· period of 2 ~bs Gore ~.~ ~le~it wis
~ITY CLERK
STANLEY I.'WARSHAW, 8e.D.
555 SE Sixth Avenue (513)
Delray Beach FL 33483-5250
Tel: (561)243-8740 Fax: 508-256-6594
~L"ONSULTANT:
in internagonnl trade.
~DUCATION:
Advanced Management Program, ~ Business School
Doctor of Science, Massachuse~ Institute of Technology
Bachelor of Engineeri%o, Georgia Institute of Technology
BACKGROUND:
Office of ~he Director ofTechnology Serviees, National Institute of Standards
and Technology, U,~. Department of Commerce, Gaithersburg MD 20899
Senior Policy Advisor for Standards and Tectmolo~ (1996 - 1999)
Designed and directed the development of the Instimte's Strategic Plan for
all International Related Activities, including those in direct support of trade maters,
such as standards and conformance measures, as well as cooperative resem'ch and
development efforts and the development ofstandm'd reference mnte~s and data.
Developed bilateral standards and conformity assessment dialogues with several
ASEAN nations and China. Served as a Member of the Executive Commerce of the
United S~mes National Committee to the ~nteraafiol~a] Elec~'o~hnlc~
Commission, the U.S. membc-r body to this internafio~ organization.
Office of ~he Assistant 8ecretary for International Economic Policy,
International Trade Adminbtration, U.S. Department of Commerce,
Washington D.C. 20230
Senior Policy Advisor for Standards and Technolo~ (1994 - 1996)
~ stan~ policy related activities ofthe Department leading to
-the harmo, i~t~on of standards globally and the mutual recognition of conformity
assessment measures. Designed and im?lementecl bilateral standards negotiating
activities with Russia and the Newly Independent States, Latin America nations,
ASEAN nations. Lead efforts to assist sevea'al nations in their accession to the
World Trade Org~tion relative to the Agreement on Technical Barriers to Trade;
e.g., China, Ukraine, Chile, etc. Provided technical assistance on standards and
ex)nformity assessment negotiations led by the U.S. Office of Trade Representative
J
~. X. Warjhlw ~l~e 2 of 2
with thc European Union and NAFTA member countries. Directed thc
development of the standards aspects of the President's National Export Strategy.
Served as a Member of Underwriters Laboratories (since 1952), a Member of thc
United States National Committee Executive Committee to the Intem~ona]
Eicctrotechnical Commission (1987-2000).
National Institute of Standards and Technology
:--~i~bersburg, Maryland 20899
Director. Office of Standards Services 1'1991 - 19941
Formulated and directed standards, certification, kgal metroloffy end
laboratory accreditation projects. Represented U.S.intcrem in relined international
organization-q, ~ach as the International F.,leclrotechnical ~Commlssion, '~he
lmemafionsl Laboraiory A~tation Conference, snd the United Nations
Econo~c Commission for Europe and the OrgsniT~tion for International Legal
Metrology.
,associate Director (1987-1990) and Director, Office 0fProduct Standards Policy
(1981- 1986)
Formulated and directed standards, certific~on, l~gal metrology and
laboratory accreditation projects. Admlni.~ered the developmcm of federal agency
policy relative to government use of comparable private sector programs.
Rrpresented U.S. intt~rests in related international treaty organizations, such as the
United Nations and the Organization for International Legal Metrology.
])irector. Center for Consumer Product Technology (1975 - 1981)
Designed and implemented programs in research and ~ngineering for
assessing consumer product performance and safety attributes in support of
government regulatory agencies and industry. Responsible for developing resource
requirements from public and private sector interests.
American Standard, Inc. (1964-1975)
P.O. Box 2003
New Brunswick, New Jersey 08903
Oen~ Manager. Development and Ent, ineering
Responsible for all product and process development and engineering
activities of the corporation both within the US, and internationally (AKA as Ideal
Standard) in building products; including air conditioning and heating, sanitary
ware, plumbing fittings, etc.
]P, aytbeon Company (1961 - 1964)
28 Seyon Street
Waltham, Massachusetts 02154
Senior Research Scientist
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # c~ REGULAR MEETING OF MARCH 19, 2002
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD
MARCH 15, 2002
Due to the resignation of Dave Bodker, there is a vacancy on the Historic Preservation
Board for an unexpired term ending August 31, 2002.
To qualify for appointment, a person shall be a resident of, own property, own a
business or be an officer, director or manager of a business located within the City. In
addition, and providing there are applicants, the City Commission shall appoint
professional members from the fields of architecture, landscape architecture, history,
architectural history, licensed contractor familiar with restoration, planning,
archaeology, or other historic preservation related fields such as design, urban planning,
American studies, American civilization or cultural geography. Laypersons of
knowledge, experience and judgment that have an interest in historic preservation shall
compose the balance of the Board. Preference should be given to professional and lay
persons who own property within historic districts or whose property is individually
listed in the Local Register of Historic Places.
A list of applicants is attached for review. A check to confirm that all are registered
voters was completed. Also, a check for code violations and/or municipal liens was
conducted. None were found.
Based on the rotation system, the appointment will be made by Commissioner Perlman
(Seat #1).
Recommend appointment of one member to the Historic Preservation Board to fill an
unexpired term ending August 31, 2002.
Applicants to the Historic Preservation Board
The following individuals have submitted applications for consideration:
John C. W. Bennett
Sarah Brown
Joe Farkas
Philip Friedman
Leslie Horenburger
James C. Keavney
Terry Lessard
Ralph Morse
Jeffrey Silberstein
(Architect)
(Architect)
(Architect)
dave bodker
landscape arch~ecture/plann~ng inc.
75 n e s~xth avenue, suite 209
delray beach, flomde 33483
561.276.6311- (fax) 561.27~ 3869
February 27, 2002
Mr. David Harden
City Manager
City of Delray Beach
100 NW l'~Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
Please accept this letter as my resignation from the Delray Beach Historic Preservation
Board effective March 1, 2002.
! have enjoyed serving on this board, however, currently, my private practice does not
allow me t~e time necessary to prepare for and attend the meetings,
Sincerely, ~~
Delve Bodker
Wendy Shea, Planning & Zoning, City of Delmy Beach
City Clerk, City of Delray Beach
RECEIVED
MA~ ' 1 ZOO?..
CITY CLERK
DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name:: Name Middle Initial
2. Home Address:~*r~-r' State Zip Code
3. Legal Residence City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone:
6. ~j~hat Board(s) are you interested in serving?
?. 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 ~our-pr~s~t.~ r~ost re.cent employer, and !~. sition: .
11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
! hereby certi6, 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
CITY CLERK
Note:
This application will remain on file in the City Clerk's Office for a period of 2 years bom the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~'TrYcI. I~K~BOARD~otd~I.JC A~ION
JORN C. W. B~
137 SFABREEZE AVENUE
D~.RAY BEACH, FL 33483-7017
EMPLOYMENT:
1995-present, retired naval officer (Judge Advocate)
1974-1995, naval officer with a variety of assignments, including 6 years
in the Pentagon (3 as a Policy Planner) and service on several
higher level headquarters staffs
1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S.
Court of Appeals for the Fifth (now Eleventh) Circuit in St.
Petersburg, FL
EDUCATION:
LL.M., Law & Marine Affairs: University of Washington 1981
J.D.: Georgetown University Law Center (Editor, Law Journal), 1973
B.3, Economics (with High Honors): Swarthmore College, 1970
COMMUNITY ACTIVITIES:
CulTenE
President and Director of Progressive Residents of Delray
Vice President, Government Relations and Trustee, Beach Property
Owners' Association
Member, School Advisory Committee, Atlantic Community High School
Member and Volunteer, Atlantic C.H.S. Band Boosters Organization (Pit
Crew, Chaperone, & Winter Guard Support)
Past:
Member, Delray Beach Visions 2010 Steering Committee (& Fundralslng
Subcommittee)
Member, Delray Beach Tennis Facilities Task Team
Member, School Advisory Committee, Roosevelt Community Middle
School (1996-1999)
PROFESSIONAL AFFILIATIONS
District of Columbia Bar (Inactive)
American Bar Association
American Society of International Law
U. S. Naval Institute
To ~ Board I would bring my Ingrained sense of fairness an respect for
appropriate process. I have both academic and practical experience in policy
analysis and formulation, as well as extensive experience in applying rules and
regulations to specific circumstances. I bring education in economics and law,
as well as broad-based general knowledge, to the table, but have no clients
whose patronage might require me to recuse myself from Board actions. As I
have no active practice or other business, I do not have to worry about the
impacts that the time demands of Board service could have on my livelihood.
I understand the different responsibilities of advocates and adjudicators. On
several occasions In my naval career I decided cases producing outcomes
different from what I personally would have preferred, because that was what
the adjudicatory criteria required. My prior participation in various City
efforts (Including the Tennis Facilities task Force, Visions 2010, and the City
Charter review process amply demonstrate my capacity for hard work and my
willingness to undertake it.
With regard to the Planning and Zoning Board. I have attended many meetings,
usually gavel to gavel (In 2001, I missed one.). I have spoken for and against
Individual development proposals and have commented on proposed plans
and ordinances, in the course of researching my stands, I have acquired
significant familiarity with many aspects of the City's Land Development
Regulations (LDRs). On at least four occasions, my suggestions for
improvement on proposed plans or LDR amendments have been adopted by
the Planning and Zoning Board either in principle or in haec verbae.
With regard to the Historic Preservation Board. I have also attended numerous
meetings from start to finish and have also addressed the Board on various
proposals. As the result of preparing for speaking, I have delved into the
sections of the LDRs of concern to the Historic Preservation Board. In my
capacity as President of PROD I was involved in the meetings concerning the
loss of contributing structures in the West Settlers Historic District. My
personal interest in local historic preservation is documented by
approximately 50 pages of original research into qualifying structures In the
beach area, which was provided to the City contractor undertaking a survey of
the City's historic (but undesignated) buildings.
Based on the foregoing, I feel that I would be able to hlt the ground running,
should I be appointed to either Board.
C!'%'~' CLERE
· ~ CITY OF
DELRAY
BEACH
qlI '
IOARD MEMBER APPI,.IGATION
'1993
infommdon:
3. X~! Reai~ence. ' City S~t¢ Zap Code
~. "~"~; ~d~.,: "' o~ '~ ~p c~
~ ~ ~yol 1 ,,,
S. Home P~: ~. ?h~nc:~-~ Ad&.s:~ Phone:
~-/1~ ~1-~1-~~ ~~1.~
I
.,
. ..............
10. List a~y reJa~ed pzofessiomd ce.~ficaaons ~nd 1ice'es ~kicb you bold.
~ote: ~s sppficae~ ~ z~ on ~ ~ ~e O~ ~ s O~e fox s p~d of 2 7~ ~ ~e ~tc n was
,u~ed. It ~ be ~¢ ~~s ~SpO~W tO ensue ~tt t C~t a~CS60~ it on ~e,
RECEIVED
HAR - R 2O02
Sarah Brown
218 NW 9~ St.,
Delray Beach, FL 33~1~4
(561) 265-1148
bcscribe experiences, skills, or knowledge which qu~ify you to serve on this IHistorj¢
l)reservntion] bosrd:
! am a young professional leader and Delray conununity member dedicated to Historic
Preser,,ation. I)elray's rich culture and history are vital to the prudant growth of our community.
As a professional researcher and graduate of Historic Studies Dom the University of Colorado a!
Boulder, I have a sincere respect and appreciation for the valuable role history and heritage play
in our commmxity and am committed to planning for the future while preserving our past.
Jan. 2001-
July. 2001
Sept. 1993-
May 1997
Florida Atlantic University, Bo~a Raton, Florida
Completed St_n_ti_~ics, Macroeconom/c~ and American Gova~nent comse~
University of Colorado=Boulder, Boulder, Colorado
Bachelor of Art~ United State~ History-Cold War Atomic Diplomacy
Minor, Kinesiology-Scientific Wr/6n~
EMPLOYMENT
July 2001-
Present
Jan. 1999.-
Sept. 2001
Jan. 1999-
Jan. 2001
Florida State Leg/slature, West Palm Bea~h, Florida
Legishtive Assbtam to House Mlno~i~ Leader
· L~ad I~ra~en~y Lin/son f~r ci~
· Designed and developed annual newsletter and Legislative Resource Manual
· Organize and archive all mam~r~ of represemafive business
· Administer day-to-day operations of business office
· Supervise 10 volunteers, 2 int~ns
Christopher J. Brown & A~ociates, Delray B~a~k FL
Hbtorle Research Speeiali~t a~d Project Manager
· Researched/analyzed 5 urban redevelopment plans
· Wrote Hi.eric Registry Applicafiom and C, ranm
· Wrote historical con~zxxs
· Des~ f~m bro~hu~e~ and proposals for az~vorki,,$
Hampton Sidea, Contributor to Outside Mogazine
Library Re.arch A~i~mat
· Res~mwhed events, persons, and pla~es for Hi~orical Namarive end,led: Ghost Soldiers
· New York T~mes Bzst Seller
· Subjec~ mat~: p~ifi¢ Thief. WWII
;O ~E,~d 66§ST$gTgS 8E:OT EOO~/ST/EO
Sept. 1999-
Sept. 2000
Program Developer and Coordinator/AmerlCorps*VISTA
Winthrop, M&ne
* State of Maine Honorable Recognition for Exemplary Service
- Raised $10,000 throug, h a .~rios oftwants
- Wmd~rop Youth Council-Spiri! of America Award recipient
® Responsible for programmin~ volunteers (30 adults), and teen participation (100+ students).
markeling & PR to studems(650), commumty(6500),contributors.
· Developed ! 0 different community youth programs/nvolvin$ youth
· Training: conflict r~solution, diversity awareness and empowerment. 8rant writ/ag,
VOLUNTEER EXPERIENCE & MANAGEMENT
Jan. 2000-
Aug. 2000
,lan. 2001-
Aug. 2001
Council Member of Maine Corps Council
AmeriCorps of Malne, Maine, USA
Corps Councils are advisoo, and support councils of AmeriCorps members for
AmeriCorp$ programs and its members in each state
· Published first Maine AmeriCorps member newsletter
· Organized and oversaw Corp Council retreats
Organized and oversaw a recognition and oolebratory service for Maine AmeriCorps
members
· Conducted statewid¢ AmeriCa)fps Program Survey and Assessment
· Contributed to enlumcil~ re~'uim)ent, pub{lc relations and uaining s~ratosies for
AmeriCorps members
Palm Be~¢h Photographic Center, Delray Beach, FL
A.~L Vohmt~er and Education Coordinator
Recruitment of over 100 Volunteers within first month
· Supervi~ volunzoer~ for FotoFusion 2001;100 people
· Office Adminismmon: smde~ rc~istratioat, ~out~, etc.
Awards & A~di~Lgpal Exoerience
2002 Core Fdlowsbip of Public Affiin Fire AltemVe for nationally recos~zed Fetlowship Program
Sprit of America 2000. award recipient for W'mthrop Youth Council- a teen and pa~ent orga~on
dedicated to providing alternative a~'tivitiez for teens in rural areas of Maine. Dire~or.
PuMkation. Colorado Histor~m, 1997: ' Fat Me~ and Little Boys Hever Prosper: an historic, al perspective
on atomic diplonmo/and the cold ,war"
Membe~&ips. Nntiorud Trust for l~stori¢ Pre. setvafion. Palm Beach County Young Democ~ Society
for Adole~.em Rosearoh
Boulder Museum of Fllstory: Intern in c. Jutrse or,itt shop, tours, clu~ifyi~ domfiom/contributions. 1996
Museum of Lifeat~ie and Fuhlon ltlstory, Member of the Bom'd of Truste~ Advisory Te~m-2000, 2001
EO BE,~ 669~T89TgS 8E:OT ~00;/ET/EO
DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please type or print the following information:
Home Address:
9 3? vr ~e'
Legal Residence:
Principal Business Address:
D/Fee c~o de e ,d' ce.a,
5. Home Phone: [ Business Phone:
6. Are you a registered voter.>
,
Nan'la
City
City
State
State
State
Zip Code
Zip Code
Zip Code
E-Mail Address: [ Cell Phone: {Fax:
If so, where are you registered?
7. What Board(s) are you interested in serving? Please list in order of preference:
2. List all City Boards on wl~ich you are cu~ently sexving or hav-e previously se,-eed: (Please include dates)
0
Educational qualifications:
10. List any related professional certifications and licenses which you hold:
11. G. ive your present, or most recent employer, and position:
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, anffI agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my pan of any appointment I may receive.
//~.a r~ /
DATE
Note:
submitted. It will be the applicant's responsibility to ensure that a current app
~=[TYCLI~R.K~.OARI:Y~PPLI C ATJON
~/7 /d':'A'~NOV 2 9 ZOO1
....... ,~.~TY CLERK
~ CITY OF DELRAY BEACH
IIIIJ
BOARD MEMBER APPLICATION
1993
Please ~ or pr;.nt the follow;m, h3form~on:
2, Hor~ Address~ 'Code
~. L~ W.ia~c~: City ! State Zip ~
4. P~dp~ B~s A~: ~ S~ Zip ~e
10. ~ ~ ~d p~fessio~ ~om ~d fi~. w~ y~ hol&
Nme:. This ~ppllcatlon wgl remain on file in the City Clerk's Office for a period of 2 years from the date it was
~ubmitted. It wgl be the applicant's responsibility to ensure tim a current application is on file.
$~TTYCL.F.~K~OAJ~)~PLICATiON
RECEIVED
APR 2 3 2001
CITY CLERK
CITY OF DELRAY BEACH
followin~ info.,marion:
3. Leg-A R~de~/d'"'''''' .~ City State Zip Cole /
5. Home Phone: Bu~ess Phone. E-~ Ad&ess: C~ Phone:
.Fax~ ~
6. Are you z ~tj red vo~er} If so, wh are o~ 'stered~
"8. hst ~ C~' Bo~ds on which you otc ~ren~' s~ng ~ hsve pre,do'ii· s~d: ¢~se mcl~ ~te0 '"
I0. hst ~v [~lnted,~ofes~onzl"'[mficz~on, ,nd hc,nses ~hch 1~ h~ld. - ~
12. Describe expefimc~/s~ s ~ ~ledge w~ch~u~ yeu t~s~e on~ b~: ~Jeise sxnch z ~eftesume) ~
I hereby ~ ~t n~ ~c nb~e sm~cn~ ~e ~e, ~d l ~ee ~u~e~nd ~nl nny ~t~nt ofmst~ facu
Note: This apphcation will ~emam on fde m the City Clerk's Office for a period of 2 yea~ from the date ~t was
s~bmitted. It will be the applic~nes responsibility tO ciliate that a current applicauon is on file.
Stilt yL'LJlUtJdlO AII~,~IIPIJCA TI OB,
RECEIVED
RAR - R 200?.
CITY CLERK
LESLIE BRUGH HORENBURGER
510 North Swinton Avenue
Delray Beach, Florida 33444
(561)278-6389
EDUCATIONALBACKGROUND
1971
Spalding University
Louisville, Kentucky
B.A. - Mathematics
Cum Laude
EMPLOYMENT HISTORY
1988 - Present
MIG Realty Advisors, Inc.
West Palm Beach, Florida
Senior Portfolio Manager
Asset Management Responsibilities
Equity Investments - Supervised on-site management of nine
commercial properties located nationally with 500,000 sf of retail
space including two outlet malls and 100,000 sf of office space;
responsible for annual budget and business plan, preparation, review
and approval and monthly/quarterly financial performance review and
reporting. From 1989 through January 1998 responsible for asset
management for limited partner (LP) of portfolio of 11 self storage
facilities located nationally; negotiated for LP during securitization of
debt ($15.0M) to be included in $63.0M secured portfolio (1992);
responsible for review of reporting for compliance with loan
documents; negotiated and consummated $33.75M sale of 10
facilities (1996) and ultimate disposition of entire partnership portfolio
including one parcel of vacant land (1998); acted as LP's liason to
resolve distribution dispute requiting legal action and ultimate
settlement. Responsible for the sale of other assets valued at over
$28.0M.
Participating and Traditional Debt Investments - Since 1994 have
been responsible for loan compliance for over $280.0M in loans on 30
properties; negotiated loan workouts on $25.0M in debt; underwrote,
structured, negotiated terms and supervised construction draw
process for $24.22M construction/permanent loan; coordinated the
refinancing of approximately $30.0M in bond debt through the re-
issuance of new bonds to finance a 300 unit apartment complex and
currently working on a $13.0M refinancing for a 387 unit apartment
high rise; responsible for annual business plans for participating debts;
completed foreclosure of two assets.
1988 - Present
(Cont'd)
Portfolio Responsibilities
Responsible for preparation of quarterly and annual reporting for six
portfolios with a total of 32 investments (both residential and
commercial; currant value over 750.0M) for pension fund clients.
Designated Employee of the Month by Senior Management-
February 1995, August 1996, August 1997
1987-1988
Condovest, Inc.
Miami Beach, Florida
Senior Property Manager
Supervised management/rental of ninety.unit condominium, thirty-unit
apartment complex and 100,000 sf shopping center for FADA
contractor; prepared FADA reports.
1985-1987
Sun OP Management, Inc.
Boynton Beach, Florida
Property Manager
Managed foreclosed property for insolvent savings and loan including
500,000 sf of retail space located in Florida and supervised
management of 92 rental units in condominium.
1984-1985
Laver's International Tennis Resort, Delray Beach, Florida
Brentwood Properties, Inc., Boca Raton, Florida
Leasing Agent
Leased apartments; seasonal and annual.
1983-1984
Boca Points Country Club (P.M.A. Realty, Inc.)
Boca Raton, Florida
Sales Associate
1972-1984
Prior to 1984 professional experience included the management of a
50 unit luxury condominium, commercial leasing for a Boca Raton
developer (Knight Enterprises, Inc.), purchasing agent for a Denver
based construction company in Vail, Co., office manager for an
Aspen, Co. single family home/commercial builder and merchandising
manager for two single family home builders in South Florida,
Leadership Homes and General Development Corporation.
PROFESSIONAL DESIGNATIONS:
Licensed Florida Real Estate Broker
Ucensed Florida Mortgage Broker
CCIM (Certified Commercial Investment Member- Commercial Investment Real Estate
Insitute)
Mar
O? OZ 08:Z3a James C. Keavne~
561-6~-G471
p.2
03/08/02 WED la:$o FAX 581 =~3 3774 CITY CLERK 1~002
CiTY OF DELRAY BEACH
BOARD MEMBER APPLICATION
2. Home Adrift.q: Ci ' Sure Zip Code'
5. Hon-,c Phone: Busin~,s Phon~: E-l~il Address: Cell PhOne:
'8. ~-,s~ ,il O~ Boards oo which you sr~ curreod~, ser~g or I~ve pre~,io~l~ ,e~vc,~ (P~se inct~ie
RECEIVED
IdAl~ - 7 2002
CITY CLERK
o? o2
08:
3&mes C. Ke&vne~
561-$73-6471
p.3
JAMES C. KEAV'NEY
2934 S.W. 22'd Circle, Ste.. B
Ddt~y Be~eh, FI. 3344S
Home: S61.272.83S60flJce: S61.278.349S
ilim Keavney is a registered architect inthe State of'Florida. He studied arch/tecture at the~
of Miarni and was selected to study at the Architectural Association in London, England for one year
as part of' an exchange program He received his Bachelor of Architecture from the University of
Miami and has been working with architectural firms in South Florida since 1986. Some of the firms
he has been employed at include Edward D. Stone Landscape Architects, leffFalkangc'r & A~sociatcs
Architects, Quincy Johnson & Associates, Robert O. Curric Architects, and Eliopoulos Architecture,
He is currently the owner and president of I.C,Keavney Architecture & Planning.
Some of the marry projects that Jim has managed include the Brickell Station Riverwalk a historic
renovation in Ft.Lauderdale, and ntunerous conunercial renovations and restaurants such as
Roadhouse C_,wili, Miami Subs, ];fiend's Cat'i, and The Little Mermaid. In addition to the local
restaurants, he has designed and managed custom homes throughout South Florida as well as in the
New England area. Other local convnerdal jobs include the new Tampa Electric Company office in
Jupiter Park of Commerce, the Whhe House historic renovation in Delray Beach and the Delray
Beach City Hall renovat/on.
lira is a current resident of Deiray Beach and his architectural rrm is located within the City as well.
His goal would be to pursue an active position in the preservation and well being of this city
Mar
561-673-6471
la.4
{AblES C. KKAVNE¥
AR~CT
Mr. Keavney has been practicing architecture in the State of Florida since 1986, recently starting his
own architectural fu'm, J.C.Keavney Architecture & Planning, L.L.C.
Education:
University of Miami
Bachelor of Architecture, 1986
Architecturnl Assotiation
London, England
Student Exchange Program, ] 984
lte tmtion:
Architect:
Certified. Florida 13894
NCARB: #AR0016878
Experience:
Mr. Keavney has an extensive portfolio of experience and knowledge pertinent to project
management and multi-discipline team coordination for a variety of project types. ITls experience
with local, municipal and federal agencies in the areas of code research and interpretation,
construction dooamem development, project implementation and ability to coordinate with a
multitude of consultants insures that each project is delivered with optimum efficiency and thoroush
detail with desigu
Some of' the many projects that Mr. Keavney has managed include the Brickell Station
Riverwalk, an historic renovation in Ft.Lauderdale; numerous commercial ~novations and resmimms
such as Roadhouse Grill, Miami Sub, friend's Caf~ and Little Mermaid are a few of the recent jobs
that he has managed, while employed with various local firms. In addition to these local restaurants,
he has designed and managed custom homes throughout South Florida as well as in the New England
area. Other local commercial jobs include the new Tampa Electric O~ce in Jupiter Park of
Commerce, the White House Restoration in Delray Beach and the Deiray Beach City Hall renovation.
Dent b~mBREWER RR£HITECTURE Har-i2-G2 B~{32a. fro. 54%2723722~41 243 3774
Received Mar~OS-e2 01:00pm from 561 Z43 3774 ~ BREWER ARCHITECTURE
~ CITY OF DELRAY BEACH
llt:
.o~.~ MEMBERAPPLICATION
2001
,,,e.e, "- 2
page Z
l~oo2
Pie, se typ,_?~ pr.~t ~, foll~.al~ infom~6~on:
'~c.~., ' Zip
Zip Co&
7, ~ Board(J) ~ you mt~ ~ ~'~ ~e~e ~Jt m ot~ of prefer.ce:
8, I.~st ~11 C~ty Bosn;i~ on wlfich you ,ze currently sera,lng or have prev~ousi) s~ed: %~Piease include d~tt-s)
9 Ed'ac~uonM clu~tific~dons: ~).,~. . ,
10 I.~st ~ly related ptof~sslo~I c~tfifications md ~censes which you hold.
11. Give yous pr;sent, or most recerxr employer, &od po~ztion:
[ cont~i~~cak~s~ f~e u~n m~ par~ or'any ~po~rm~ I ~' ~c4ve. I
Not~;
Th, ,ppli¢~fion will rr. rm&s o~ file ~ &e ~ C~'s O~e for a pe6~ of 2 y~n from &e ~te k was
suhm~ed. It ~1l be &e app~anfs respoos~bx~ to ~s~e &at a ~m ap~non is on ~e.
~,IAR 1 2 ~o02
CITY CLERK
FR~,I
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
1.
5. Hom~ Phone:
6..Axe you
'7.
C~Phon*:
It' so, wh~¢ azc you zegisr~zed?
Stere
State
Zip Cod:
Ztp Cod.-
Fix:
9. E~uC, tiorud quafificz~ons:
any rg~a~¢d prot'essioca.1 ce:t~ficatto,~s ~d licenses ~'h~ch you hold:
I h~ze~ c~ mat ~ ~e ~e s~ ~ ~'~ I ~ee ~d ~d ~a~ my ~mt~cnt of mat~ ~ct~
SIGNA~
' No~: ~ appb~ w~ z~ on ~ m ~c ~ ~crk's Of~e f~ s p~o~ of 2 v~ iota le date it was
RECEIVED
NAR - 7 2002
CITY CLERK
05/29/01 TUE 09:31 FAX 561 243 3774
,,,,,,----- o,
BOARD MEMBER APPLICATION
1993
I~001
F
?z~cya] ]~u~ness Addr~:
Home Phone: I Business Phone:
]E-lVl~t :ldress:
Sr~ze
10. Li~ any relarM professional c~qcago~ and ~ which you hold:.
'-11. Give your prcscfl% or mos~ recur employer, and posilion:
Note." ~ npp]~c31~on 3x~J] ~ o~
s~b~ttecL It ~ be the ~piic~t's respo~b~m
8- L~al]C-~Boar~a~hlchyouareo. nmntlyservlngor~vep~~ (Pleaseindm:ledar~)
6. RreTouategistereclvotcr? ,~.,~...~ Ifs°'~nerearey°uregistered? ~co~. T-~'r~-
7. ~ B~a(s) ~ 70. ~.~ m,~ PL~ ~ m q~. o~
J~FFREY SILBERSTEIN, PRINCIPAL
EDUCATION:
Pratt Institute and Clark University, Architectural Degree
Hazard University Graduate School of Design, June, 1989
Harvard University Graduate School of Design, July, 1996
CERTIFICATION:
Registered Architect: Florida
EXPERIENCE:
Silberstein Architects was founded in 1990. We are a sma]] 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 defining project goals well before suggesting
solutions, a process that creates a full un--ding of objectives before Uansformation
As principal of the fa'm, Jeffrey Silberstein is widely recognized for his design
achievements. Whether a large institutional complex or a small interior renovation, Mr.
Silberstein's designs are rich and simple. Jeffrey Silberstein's commitment to quality and
his patience in achieving the best possible designs are evident in the many awards he has
'won. His solutions, which seem obvious and simple, are the result of diligent effort.
Mr. Silberstein has practiced architecture, both nationally and internationally for over 20
years with a list of prominent architectural firms and projects to his credit He has been
associa~,xl with many building types, including educational facilities, office buildings,
interior office and residential renovations, museums, art galleries, religious facilities,
residences, mixed - use developments and commercial projects. The American Institute of
Architects has singled several oftbese commissions out for special honors.
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 Committee ofthe Boca
Raton Museum of Art, a member of Junior Achievement and on the Boca Raton
Community Redevelopment Agency Task Force on The Grace Commission.
LIST OF PROJECTS:
Boea Raton Community High School, Science Addition and Master Plan, Boca Raton,
Fl. AIA Award for excellence in Design
Florida Atinntle 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, Fl.
All - Star Academy & Sports Camp, Delray Beach, Fl.
Temple Bet Emet Early Childhood and Grades 1,2 &.3, Cooper City, FI.
MUSEUMS:
Museum of Modern Art, Seoul, South Korea. ALA Award for Exeellenee in Design.
The Gallery Center, Boca Raton, Fl.
bioriknmi Museum, Delray Beach, Fl.
SPECIALTY PROJECTS:
West Regional Courthouse, Plantation, Fl.
B'nai Torah Congregation, Boca Raton, Fl.
Temple Israel, West Palm Beach, Fl.
Boca Raton Mausoleum, Boca Rnton, FI.
Temple Bet Emet, Cooper City, FI. ( Current )
Temple Israel, West Palm Beach, FI. (Current)
LIST OF PROJECTS:
OFFICE BUILDINGS:
Bank ~f Nova Scotia, Curacao, Netherlands Antilles
Presidential Circle, Hollywood, Fl. Winner of many design awards.
Trammel Crow Corporate Headquarters, Boca Raton, Fl.
WJMK Studios, Boca Raton, FI. AIA Award for Excellence in Design.
NCNB Bank, Boca Raton, Fl.
Over 500,000.00 square of office space planning ~or Henderson Mental Health Center,
WE Grace, Trammel Crow, Gampel Organization, Panther Realty, and other corporate
clients.
Spectrum Offiee Park: Two Phase 45,000 s.fOffiee Builcl~ng, Fi Lauderdale, Fl.
Sirs Inc., Delray Beach, Fl.
Silberstein Architects, DeL-ny Beach, FI. AIA Award for Excellence in Design, 2000.
COMMERCIAL/RETAIL PROJECTS:
Hertz Service and Rental Facility, Windsor Locks, Connecticut. AIA Award
Boca Valley Shopping Center, Boca Raton, FI.
Key West Espresso & lee Cream, Key West, Fl.
Littman Jewelers, Bonaire, Netherlands Antilles.
Ltttman's At The Plaza, Bonaire, Netherlands Antilles
Littman's, Bonaire, Netherlands Antilles
Peppereorn's Cafe, Key West, Fl.
LIST OF PROJECTS:
HOTELS & RESORTS:
Paradise Village Tulip Hotel, Curacao, Netherlands 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.
Sir~ Office and Retail Complex, Delray Beach, Fl.
INTERIOR ARCHITECTURE:
Beeker Residence, Boca Raton, Fl. A. LA. Award 1999
Foght Residence, Bonnire Netherlands Antilles. A. LA Award 1997
Agardy Residenee, Boca Raton, Fl.
Kntzev Residence, Bonaire, Netherlands Antilles
Green Residenee, Boca Raton, Florida
Simon & Simon Law Offices, Delray Beach, Florida
WJ-MK Studios, Boca Raton, FI. AIA Award for Excellence in Design.
LIST OF PROJECTS:
RESIDENTIAL:
National Custom Homes: Custom Homes
Wycllff Country Club: Custom Homes
Governor's Walk, Delray Beach, Fl. ( Current )
Neal's Market, Delray Beach, Fl. ( Current )
Clark Residence, Les Jm'dir~, Boca Eaton, Fl.
Hakkenberg Residence, Bonaire, Netherlands Antilles Featured in Caribbean World
Magazine
Foght Residence I, Bonaire, Netherlands Antilles AIA Award of Honor For Design
Foght Residente ri, Cl~cngo, Illinois ( Current )
Riehmnn Residence, Delray Beach, Florida
Littman Residence, Bonaire, Netherlands Antilles
Katzev Residence, Bonah'e, Netherlands Antilles
Gardenia Plate Townhouse Community, Lauderdale By The Sea, Fl.
One Young Circle Condominium Tower, Hollywood Beach, FI.
Andrews Residence, Ocean Ridge, Florida
Andrew's Residente ri, Ocean Ridge, Florida ( current )
Ticktin Residence, Ft. Lnuderdale, Fl. (current)
Schlicht Residence, Boca Eaton, FI. (cra'rent)
LIST OF RESIDENTIAL PROJECTS CONTINUED RESIDENTIAL:
Lassfter Residence, Bonaire, Netherlands Antilles
Botman Residence, Bonnire, Netherlands Antilles
Epstein Residence, Weston, Florida
Green Residence, Boca Raton, Florida
Pineapple Place, I)elray Beach, Florida
Schmier Residence, Delrny Beach, Florida (current)
Caribbean Blue Condominiums, Bonaire, Netherlands Antilles ( Current
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEMr~}'a..__.,~, _ REGULAR MEETING OF MARCH 19, 2002
GLORY AWARDS/COMMUNITY NEIGHBORHOOD HELPING, INC,
DATE:
MARCH 15, 2002
Attached is a letter from Palm Beach County Commissioner Addie L. Greene requesting that the City
of Delray Beach front funds up to $10,000 for the Community Neighborhood Helping, Inc. Glory
Awards that will be held May 11, 2002 at Atlantic High School.
The reimbursement of funds will be through a funding agreement between the City of Dekay Beach
and Palm Beach County. The agreement will be placed on a regular meeting agenda for approval by
the Board of County Commissioners. The City will receive payment based on submission of
documentation of expenditures. Commissioner Greene anticipates that the funding will become
available October, 2002.
Recommend approval of the request for the City of Delray Beach to front end funds up to $10,000
for Community Neighborhood Helping, Inc.
S:\Ctty Clerk\chevelle folder\agenda memos\gloryawardscomm.negh help 03 19.02
GREEN~
VII
~oard of Court ~ Commissioners
301 I~orth
~x; (56I) 355.6332
March 4, 2002
David Hraden, City Manager
City of Delray Beach
100 North West 1st Avenue
Delray Beach, 1"I- 33444
RE: Funding Agreement "The Glory' Awards"
Dear M~. Harden:
This is to serve as a good faith effort that I will contriba~e up re $10,000 from
the District VI! Recreation Assistance Fund, 2002- 2003, Budge~ towards the
cost~ of the Conu'mmily Neighborhood Helping, lnc "Glory A,,ards" flxat
will be held on May ! 1, 2002, Deh'ay Beach. IL.
As you know, the procedure for the distribution of these lands is through an
agreement with the entity, In this ca~e, ~he City. of Delmy Beach ~d Palm
Beach Cmmty. Ihe agreement will be placed on a t~egular meeting age~da for
approval by the Board of County Commissione~. Payment will be processed
on a reimbta'sement basis 1o thc City of Delray Beach upon submission of
documentation and of expenditures. It is anticipated that the fm~ding nail
become available October, 2002.
if you have m~y questions or need further a.ssistal~ce, please contact Gladys
Whiglmm in my office at 276-1350.
I am certainly pleased to contribuie to ~he Glory. Awards mad apprcciale this
successful example at' intergovermnent:d cooperation that is belaxg
demonstrated,
Sincerely.
Addic: L- Greene, Commissioner
P~hn Beach Cotmty Commission District 7
cc: Deum, Eshlcman, Director, Pm'ks and Recreation Dept.
Susm~ Yinger, Program Co~rdinutor/Con!ract Manager
Edith Thompson. Commun/ty Neighborhood Helping, It3c.
TO'rgk p. 01
ADDLE L. GREENE
Commissioner, District VII
Michelle Andrewin, Sr Adra. Assistant
Juanita Minton-Crumity, Adm. Assistant
Gladys Whigham, Adm Assistant
Palm Beach County
Board of County Commissioners
Governmental Center, 12~ Floor
301 North Olive Avenue
West Palm Beach, Florida 33401
(561) 355-2207
Fax. (561) 355-6332
~ South Office'
Southeast County Complex
345 ContTress Avenue
Delray Beach, Florida 33445
(561) 276~1350
Fax: (561) 276~1380
atTreene@co palm-beach,fl us
Equal Opportumty
Afj~rmattve Ach'on Employer
March 4, 2002
David Harden, City Manager
City of Delray Beach
100 North West ! st Avenue
Delray Beach, FL 33444
RE: Funding Agreement "The Glory. Awards"
Dear Mr. Harden:
This is to serve as a good faith effort that I will contribute up to $10,000 from
the District VII Recreation Assistance Fund, 2002- 2003, Budget towards the
costs of the Community Neighborhood Helping, Inc. "Glory Awards" that
will be held on May 11, 2002, Delray Beach, FL.
As you know, the procedure for the distribution of these funds is through an
agreement with the entity. In this case, the City of Delray Beach and Palm
Beach County. The agreement will be placed on a regular meeting agenda for
approval by the Board of County Commissioners. Payment will be processed
on a reimbursement basis to the City of Delray Beach upon submission of
docmnentation and of expenditures. It is anticipated that the funding will
become available October, 2002.
If you have any questions or need further assistance, please contact Gladys
Whigham in my office at 276-1350.
i am certainly pleased lo con'tribute to the Glory Awards and ~lpprec:~ate this
successful example of intergovernmental cooperation that is being
demonstrated.
Sincerely,
Addie L. Greene, Commissioner
Palm Beach County Commission District 7
CC:
Dennis Eshleman, Director, Parks and Recreation Dept.
Susm~ Yinger, Program Coordinator/Contract Manager
Edith Thompson. Communi~ Neighborhood Helping, Inc.
[ITY OF DELRFlY 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 Direct Line. (561)243-7090
1993
MEMORANDUM
DATE: March 11, 2002
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT:
Resolution # 26-02, adopting the final assessment roll for the
Royal Palm Boulevard Special Assessment District
The attached resolution, if approved, will adopt the final assessment roll for the
Royal Palm Boulevard Special Assessment District. The improvements that were made
included upgrades to water and sewer utilities and street improvements consisting of,
among other things, the construction of a sidewalk, curbing, drainage structures and a
median.
The City is paying all costs with regard to the water and sewer improvements. The
cost for the street improvements will be shared by the City, the CRA and the property
owners abutting Royal Palm Boulevard to the East of Federal Highway. The City and the
CRA will each contribute $30,138 for the street improvements. The abutting property
owners will divide $60,276 based on the amount of front footage and total square footage
of their properties that abut Royal Palm Boulevard.
Approval of this resolution will adopt the final assessment roll. The property
owners will have 60 days to pay the assessment in one lump sum. In the alternative, the
property owners may pay the assessment in ten annual installments at an interest rate of
8%. The City's Finance Department will administer the collection of the assessments.
By copy of this memorandum to the City Manager, our office requests that this
item be placed on the agenda/hr the March 19, 2002 City Commission agenda. Please do
not hesitate to contact me if you should have any questions.
CCi
David T. Harden, City Manager
Barbara Garito, City Clerk
Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Diane Dominguez, Director, CRA
RESOLUTION NO. 26-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE FINAL
ASSESSMENT ROLL FOR THE ROYAL PALM BOULEVARD
SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE
PROPERTIES BORDERING ON ROYAL PALM BOULEVARD
EAST OF FEDERAL HIGHWAY, AS MORE FULLY
DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT
AMOUNT TO EACH PROPERTY; PROVIDING FOR THE
METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 18, 2000, the City Commission adopted Resolution 6-00 which
established the preliminary assessment roll based on an estimated cost of the street improvements of
$120,550.00. The actual total cost of the improvement is $124,728.00. The CRA will contribute
$30,138.00, the abutting property owners will contribute $60,276.00 and the City will contribute the
remainder; and
' WHEREAS, the Special Assessment District will include all those properties listed on the
assessment roll attached hereto as Exhibit "A", and as shown on the map attached hereto as Exhibit
"B"; and
WHEREAS, each property owner shall be assessed based on front footage and square
footage for each property that abuts Royal Palm Boulevard such that the benefits received by each
abutting property are proportionate to that property's assessment; and
WHEREAS, each property owner may pay their assessment in one lump sum no later than
sixty (60) days following adoption of the final assessment roll; and
WHEREAS, each property owner may pay the assessment in ten (10) annual installments at
an interest rate of eight percent (8%), as indicated on the amortization tables attached hereto as
Exhibit "C"; and
WHEREAS, the owner of the property within the District for which an assessment is levied
shall thereafter be responsible for payment thereof.
WHEREAS, the cost of the street improvement is equally distributed among the assessed
properties on foot frontage and square footage basis and bears a rational relationship to the benefits
received by the properties assessed; and
WHEREAS, pursuant to Florida Statute Section 170.07, the property owners have been
given 30 days notice of the public hearing and notice of the public hearing has been given by two
publications a week apart in a newspaper of general circulation in Palm Beach County; and
WHEREAS, pursuant to Florida Statute Section 170.08, a public hearing has been scheduled
for March 19, 2002 in which the governing authority will meet for final consideration of the special
assessment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That the City Commission of the City of Delray Beach, Florida, following a
duly noticed public hearing, does hereby adopt the above recitals as if fully set forth herein.
Section 2. That the City Commission of the City of Delray Beach, Florida, hereby
adopts and certifies the final assessment roll for the Royal Palm Special Assessment District, as set
forth in Exhibit "A" which is attached hereto and incorporated herein.
Section 3. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on this the 19th day of March, 2002.
ATTEST:
MAYOR
City Clerk
2 Res No.26-02
ROYAL PALM
SPECIAL ASSESSMENT DISTRICT
SECTION: 09
SUBDIVISION: 18
BLOCK: 001 LOT: 0010
OWNER INFORMATION:
Antonio's Mama Rosa Inc
1645 N Federal Hwy
Delray Beach, FL 33483
ASSESSMENT: $2,882.00
PARCEL ADDRESS:
1645 N Federal Hwy
LEGAL:
ROYAL PALM GARDENS PL3
LOTS 1 & 2, LT 3 (LESS RD RNV),
LOTS 4 & 5 BLOCK A
SECTION: 09
SUBDIVISION: 18
BLOCK: 001 LOT: 0060
OWNER INFORMATION:
Delray Estuary
832 S. Military Trail
Deerfield Beach, FL 33442
ASSESSMENT: $7,205.00
PARCEL ADDRESS:
Royal Palm Blvd
LEGAL:
ROYAL PALM GARDENS PLAT NO 3
LOTS 6, 7, 8, 9 & 10 BLOCK A
SECTION: 09
SUBDIVISION: 18
BLOCK: 001 LOT: 0110
OWNER INFORMATION:
Delray Estuary
832 S. Military Trail
Deerfield Beach, FL 33442
ASSESSMENT: $12,955.00
PARCEL ADDRESS:
Royal Palm Blvd
LEGAL:
ROYAL PALM GARDENS PLAT NO 3
LOTS 11 TO 15 INC BLOCK A &
LOTS 12 TO 15 INC BLOCK B
SECTION: 09
SUBDIVISION: 18
BLOCK: 002 LOT: 0080
OWNER INFORMATION:
Payne, Nyoma & Litton, Marsha
750 Royal Palm Blvd
Delray Beach, FL 33483
ASSESSMENT: $9,101.00
PARCEL ADDRESS:
Royal Palm Blvd
LEGAL:
ROYAL PALM GARDENS PLAT NO 3
LOTS 8, 9, 10 & 25 BLOCK B
Exhibit
A
SECTION: 09
SUBDIVISION: 18
BLOCK: 002 LOT:
OWNER INFORMATION:
Payne, Nyoma
750 Royal Palm Blvd.
Delray Beach, FL 33483
0110
SECTION: 09
SUBDIVISION: O0
BLOCK: 000 LOT: 1000
OWNER INFORMATION:
ASSE
PARC
Royal
LEG~
ROY,a
LT 11
ASSE
PARC
LEGA
5SMENT: $1,441.00
EL ADDRESS:
Palm Blvd
L:
L PALM GARDENS PLAT NO 3
BLOCK B
EL ADDRESS:
[..;
3, SLY 334.66 FT OF NLY
FT OF ELY 726.15 FT OF
.YG W OF & ADJ TO W LI
I'RACOASTAL WATERWAY
ABNDED LOTS 16 TO 24
16 TO 24 BLK B & LOTS 1
;LK C K/A PT OF FIND MSA
;)F ROYAL PALM GARDENS
THER WITH:
3, SLY 971.94 FT OF NLY
;2 FT OF E 667.02 FT OF
LYG W OF & ADJ TO W LI
FRACOASTAL WATERWAY
~NDED LOTS 20 TO 27, 29
BLK C, 21 TO 27, 29 TO 34 BLK
I TO 10 BLK F & LAKE OF LA
NDA DELRAY PLAT & E 629.84
LOT 1 LYG E OF FED HWY OF
¢ SEEMILLER SUB
Delray Estuary
832 S. Military Trail
Deerfield Beach, FL 33442
9-46~
1960.,~
NE%
OF IN'
K/A Al
TO 34
E, LTl
HACIE
FT OF
HARR
TOGE
9-46-4
988.5~
NE ¼
OF IN'
BEINC
BLK A
TO 6
642A
PL 3
5SMENT: $26,961.07
ALLEN AVENUE
· ROYAL,¢ PALM
EASTVIEW AVE. ]
\
\ N \
ES ~, ~AR Y
LAKE AVENUE N
LAKE AVENUE S
/ /
I 0ENERY LANE
/
CITY 0F 0ELRAY BI:'AC{-I FL
PL,~NNING & ZONING 0EPAR'igaE:NT
ROYAL PALM BOULEVARD
SPECIAL ASSESSMENT DISTRICT BOUNDARY
l~bit;
B
Antomo's Mama Rosa
Principal 2,882.20
Rate 8%
Annual Payment 429.53
Installment 8% Annual Debt
Number Principal Interest Service
1 198.96 230.58 429.53
2 214.87 214.66 429.53
3 232.06 197.47 429.53
4 250.63 178.90 429.53
5 270.68 158.85 429 53
6 292.33 137.20 429.53
7 315.72 113.81 429.53
8 340.98 88.56 429.53
9 368.26 61.28 429.53
10 397.72 31.82 429.53
2,882.20 1,413.13 4.295.33
Please note that the interest reflected in the above schedule assume that
payments are made on the payment dates. Interest wdl be adjusted accordingly.
Payne
Principal 1,441.10
Rate 8%
Annual Payment 214 77
Installment 8% Annual Debt
Number Principal Interest Service
I 99.48 115.29 214.77
2 107.44 107.33 214.77
3 11603 98.73 214.77
4 125.31 89.45 214.77
5 135.34 79.43 214.77
6 146.17 68.60 214.77
7 157.86 56.91 214.77
8 170.49 44.28 214.77
9 184.13 30.64 214.77
10 198.86 15.91 214.77
1,441.10 706.56 2,147.66
Please note that the interest reflected in the above schedule assume that
payments are made on the payment dates. Interest will be adjusted accordingly.
Payne & Lytton
Principal
Rate
Annual Payment
9,101.14
8%
1,356.34
Installment 8%
Number Principal Interest
Annual Debt
Service
I 628.25 728.09
2 678.51 677.83
3 732 79 623.55
4 791 41 564.93
5 854.72 501 62
6 923.10 ._ 433.24
7 996.95 359.39
8 1,076.71 279.63
9 1,162.84 193.50
10 1,255.87 100.47
1 356.34
1 356.34
1,356.44
I 356 44
I 356.44
1 356.44
1.356.44
1 356.44
1.356.44
1 356 44
9,101.14 4,462.24 13,563.38
Please note that the interest reflected in the above schedule assume that
payments are made on the payment dates. Interest wdl be adjusted accordingly.
Oelray Estuary
Principal
Rate
Annual Payment
26,961.07
8%
4,017.99
Installment 8%
Number Principal Interest
Annual Debt
Service
I 1,861.11 2,156.89
2 2,010.00 2,008.00
3 2,170.80 1,847.20
4 2,344.46 1,673.53
5 2,532.02 1,485.98
6 2,734 58 1,283.41
7 2,953.35 1,064.65
8 3,189.61 828.38
9 3,444.78 573.21
10 3,720 37 297.63
4 017.99
4 017 99
4 017.99
4 017.99
4 017.99
4 017.99
4 017.99
4 017.99
4 017.99
4 017 99
26,961.07 13,218.87 40,179.94
Please note that the interest reflected in the above schedule assume that
payments are made on the payment dates Interest will be adjusted accordingly.
Oelray Estuary
Principal
Rate
Annual Payment
12,955 05
8%
1,930.68
Installment 8%
Number Pnncipal Interest
Annual Debt
Service
1 894.28 1,036.40
2 965 82 964.86
3 1,043.09 887.60
4 1,126 54 804.15
5 1,216.66 714.03
6 1,313.99 616.69
7 1,419.11 511.57
8 1,532.64 398.04
9 1,655 25 275.43
10 1,787.67 143.01
1 930.68
1 930.68
1 93O.68
1 930.68
I 930.68
I 93O.68
I 930.68
1,930.68
1 930.68
I 930.68
12,955.05 6,351 79 19,306.84
Please note that the interest reflected in the above schedule assume that
payments are made on the payment dates. Interest wdl be adjusted accordingly
Delray Estuary
Principal
Rate
Annual Payment
7,205.44
8%
1,073.82
Installment 8%
Number Principal Interest
Annual Debt
Service
I 497.39 576.44
2 537.18 536.64
3 580.15 493.67
4 626.57 447.26
5 676.69 397.13
6 730.83 343.00
7 789.29 .~ 284.53
8 852.44 221.39
9 920.63 153.19
10 994.28 79 54
1,073.82
I O73.82
1 073.82
I 073.82
1073.82
I 073.82
1 073.82
I 073.82
1 073.82
I 073.82
7,205.44 3,532.79 10,738.23
Please note that the interest reflected ~n the above schedule assume that
payments are made on the payment dates. Interest will be adjusted accordingly.
TO:
THROUGH:
FROM:
SUBJECT:
D,~D~~~I~ MANAGER
P~U~"~ORLING,?I~ECTOR OF PLANNING AND ZONING
WENDY.SHAy, HIS.'['QRIC PRESERVATION PLANNER
M~INGC~ MARCH~, 2002
REQUEST FOR AN AMENDMENT TO ORDINANCE 70-89 FORAPAROELOF
LAND LOCATED AT 6'10 & 615 NORTH OCEAN BOULEVARD, APPROXIMATELY
900' SOUTH OF GEORGE BUSH BOULEVARD BETWEEN ANDREWS AVENUE
AND THE ATLANTIC OCEAN; AN INDIVIDUALLY LISTED HISTORIC PROPERTY.
,,.,
The Fontaine Fox historic designation contains approximately 2.5 acres of land and consists of Lots 1,
2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3 (lying east of A1A) of the Palm
Beach Shore Acres plat. Lot I lies on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2
and 3 lie on the west side of Ocean Blvd (610 N. Ocean Blvd.) between N. Ocean Boulevard and
Andrews Avenue. Associated with the property is a 1,184 square foot Cape Cod cottage, which was
constructed in 1936 of Florida cypress. Designed by renowned architect John Volk and inspired by the
trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape Cod Cottage style
dwelling is located On Lot 2. Three outbuildings are also located to the west (behind) the existing
house on lot 2. All three structures are considered contributing buildings. Zoned Rd-AAA Single
Family Residential, the property (including all three lots) is an individually listed historic property in the
City of Delray Beach established by Ordinance 70-89.
The applicant proposes the amendment of Ordinance 70-89 in order to remove the historic
designation from Lot 3, Ocean Apple Estates plat and a portion of Lot 2 (see map) and alter the
previous density restriction to allow Lot 3 and a portion of Lot 2 to be subdivided into a total of four
separate parcels. The historic designation for the remaining portion of the current Lot 2 (see map), the
lot that houses the Fontaine Fox House and its outbuildings, as well as Lot 1 on the ocean side, would
remain.
The related plat also includes the subdivision of the lot immediately north of the Fontaine Fox House.
This lot which is to be subdivided into two lots also contains a contributing 1935 Cape Cod house,
designed by John Volk.
Additional background and an analysis of the request are provided in the attached staff report.
At its meeting of March 6, 2002, the Historic Preservation Board held a public hearing in conjunction
with the request. There were six citizens who expressed their concems with the potential
ramifications of the Ordinance amendment. There were no public comments in favor of the proposed
amendment. Upon reviewing the staff report and discussing the proposal, a motion to approve as
recommended in the staff report failed (3-3). Some of the Board members felt that only two versus
three additional units should be permitted to allow limited development yet protect the integrity of the
historic structures. After further discussion, the Board recommended approval of the amendment 6-0,
subject to the following conditions:
City Commission Documentation
Meeting of March 19, 2002
Fontaine Fox Historic Property
Page 2
1) Maintain the geographical boundaries of the historic designation (Lots 1-3 of Ocean Apple
Estates and the south 10' of lot 3 of Palm Beach Shore Acres).
2) Modify the existing density restriction from three to four dwelling units.
3)
Establish a minimum of a 50' buffer between the existing wall at the rear of 610 N. Ocean
Boulevard and the adjacent lot to the west (approximately 140' east of the west line of Lot 2 of
Ocean Apple Estates as shown on the attached map).
4) Restrict the height of any new construction of proposed lots 3 & 7 to 28'.
5)
That the residence at 622 N. Ocean Blvd be listed in the Local Register of Histodc Places and
approved by the City Commission. The designation process for local listing is to be completed
prior to the recordation of the proposed final plat.
6)
That the Fontaine Fox House must be listed on the National Register of Historic Places, unless
otherwise determined by the State Historic Preservation Office. The designation process for
listing in the National Register will be initiated prior to the approval of the plat.
By motion, approve on first reading the ordinance for an Ordinance amendment for the Fontaine Fox
Historic Property, based upon positive findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 4.5.1
subject to the following conditions:
1) Maintain the geographical boundaries of the historic designation as set forth in Ordinance 70-89.
2) Modify the density restriction from three to,five dwelling units.
3)
Establish a minimum of a 50-foot buffer between the existing wall at the rear of the Fontaine Fox
House, located at 610 N. Ocean Boulevard, and any newly created lot to the west, by requiring
the west lot line of any newly created lot containing the Fontaine Fox House (as it currently
exists), to be a minimum of 50-feet from the existing rear wall (as it currently exists).
4)
Restrict the height of any new construction to 28-feet, of any newly created lot immediately west
of and adjacent to, the lot containing the existing structures located at 610 & 622 North Ocean
Boulevard (State Road A1A).
5)
That the entirety of Lot 1, Plat of Hancock Subdivision (Plat Book 76, Page 175), currently
addressed as 622 North Ocean Boulevard, be listed in the Local Register of Historic Places and
approved by the City Commission. The designation process for local listing is to be completed
prior to the recordation of the proposed final plat.
6)
That the Fontaine Fox House be listed on the National Register of Historic Places, unless
otherwise determined by the State Historic Preservation Office. The designation process for
listing in the National Register is to be initiated prior to the approval of the plat.
Attachment: HPB Staff Report of March 6, 2002
HAMMOND RD. ...
Z
b~ r'''''''' "'''''''''' -- '''''l
i ~
I 3 2
I r =''' = ~K,~
· HARBOR DRIVE -'"I
Z
+ BOUNDARY Of HISTORIC DESIGNATION
EXISTING CONDITIONS . EXISTING LOT CONFIGURATION,
PER PLAT OF OCEAN APPLE ESTATES.
HAMMOND RD.
I
~ 7 6
Ld Ilmmmmmmmm mm mmmm ~1'
>
.( VILLAGE BY THE SEA LANE
~ I
1 2 ,.3 4
b_m mmmmmmmm ,';
HARBOR DRIVE %. m s.o~.EAc.~Es
Z
IF' -1-~ o
APPLICANT'S . HISTORIC DESIGNATION LIMITS AS PROPOSED-.%*
REQUEST
4~ LOT CONFIGURATION FOR PROPOSED VILLAGE BY THE SEA PLAT.
f I I I
HAMMOND RD. "'
~ 6 5 <
mmm,.m mm~m.m m.mmmmmmm~lmmm, mm mm mm=,i=ml{
<l VILLAGE BY THE SEA LANE
m 7 2 3 4
U~II m m m m m Im m m m m im ~I
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P.&Z. STAFF + BOUNDARY OF HISTORIC DESIGNATION
RECOMMENDATION · RELATIVE LOT CONFIGURATION PER STAFF RECOMMENDATION.
~ll mmmm mmmmmmmmlmmmmmmmmmmmml I mmmm"l
<I VILLAGE BY THE SEA LANE
< 'HARBOR DRIVE ~ m
R~O~ND~TION + RE~TIVE ~0~
DENOTES BUILDING HEIGHT RESTRICTED TO 2B-FEET.
~ Rt"F: LIdSB4
ORDINAN(I~ NO. 12-02(A)
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 THAT PROVIDED FOR THE
HISTORIC DESIGNATION OF THE FONTAINE FOX
HOUSE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEA~ F.R CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided
for the historic designation of the Fontaine Fox Home as well as certain surrounding vacant
property, including a parcel east of A-1-A' and allowed the development of a total of 3
dwelling units on the site which would include the development of a home on the east side of
A-l-A, provided certain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox home and a home on the east
side of A- 1-A on the historic site; and
WHEREAS, the current owner of the Fontaine Fox home and lands west of A-1-A
wishes to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requirements of Designation' of Ordinance No. 70-89 of
the City of Delray Beach is hereby repealed in its entirety and rephced by a new Section 2,
~Requirements of Development~ to read as follows:
Requirements of Development.
The requirements of development are as follows:
(1) Two dwelling units currently exist on the historic site, an additional two
dwelling units are allowed on the historic site west of A-1-A and to the rear of the currently
existing Fontaine Fox Home but beyond the 50' buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 50' buffer between the existing
wall at the rear of the Fontaine Fox Home and any newly created lot to the west, by requiring
the west lot line of any newly created on the historic site to be a minimum of 50' from the
existing rear wall.
0) The developer shall restrict the height of any new construction to 28' of any
newly subdivided lot immediately west of and adjacent to any newly created lot containing the
existing structures currendy located at 610 & 622 North Ocean Boulevard.
(4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed
as 622 N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by
the City Commission. The applicant must go through the full process and not voluntarily
withdraw the designation application and such designation process must be completed prior
to the recordation of the proposed final plat. This item shall not be required if the City
Commission f=il~ to approve the desigmtion.
(5) The Fontaine Fox House must be listed on the National Register of Historic
Phces, unless otherwise determined by a State or Federal agency. The owner must go
through the full process of listing the house and will not voluntarily withdraw the application.
The designation process for listing in the National Register will be initiated prior to the
approval of the pht.
Section 2. If the pmvisi.ons of Section 1 are not met then the fonowing shall app
(1) No more than three dwelling t, nks shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Site. This includes the two dwelling units currently
existing on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox
Historic Site which lies east of State Road A-1-A shall contain more than two thousand and
four hundred (2,400) square feet of gross floor ~rea.
Sectign 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be dechred by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2 ORD. NO. 12-02
PASSED AND ADOPTED in regular session on second and final reading on this the
clayof ., 200 ..
ATTEST
MAYOR
City Clerk
Fi~t Reading
Second Reading
3 ORD. NO. 12-02
OKDINANCE NO, 12-02~)
AN ORDINANCE OF TIlE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 THAT PROVIDED FOR THE
HISTORIC DESIGNATION OF THE FONTAINE FOX
HOUSE; PROVIDING A SAVING CLALBE, A GENERAL
REPEALER CI .&USE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided
for the historic designation of the Fontaine Fox House as well as certain surrounding vacant
property, including a parcel east of A-l-A, and allowed the development of a total of 3
dwelling units on the site which would include the development of a house on the east side of
A-l-A, provided certain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east
side of A-1-A on the historic site; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A
wishes to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, ``Requiremerlts of Designation" of Ordinance No. 70-89 of
the City of DeLay Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Developmem~ to read as follows:
Requirements of Development.
The requirements of development are as follows:
(1) Two dwelling units cur~nfly exist on the historic site, an additional three
dwelling units are allowed on the historic site west of A-1-A and to the rear of the currently
existing Fontaine Fox House but beyond the 50' buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 50' buffer between the existing
wall at the rear of the Fontaine Fox House and any newly created lot to the west, by requiring
the west lot line of any newly created on the historic site to be a minimum of 50' from the
existing rear wall.
(3) The developer shall restrict the height of any new construction to 28' of any
newly subdivided lot immediately west of and adjacent to any newly created lot containing the
existing structures currenflylocated at 610 & 622 North Ocean Boulevard.
(4) That the entirety of Lot 1, Pht of Hancock Subdivision, currently addressed
as 622 N. Ocean Boulevard be listed in the Local Register of Historic Phces and approved by
the City Commission. The applicant must go through the full process and not voluntarily
withdraw the designation application and such designation process must be completed prior
to the recordation of the proposed final plat. This item shall not be required if the City
Commission fails to approve the designation.
(5) The Pontaine Fox House must be listed on the National Register of Historic
Phces, unless otherwise determined by a State or Federal agency. The owner must go
through the full process of listing the house and will not voluntarily withdraw the application.
The &signation process for listing in the National Register will be initiated prior to the
approval of the pht.
Section 2. If the provisions of Section 1 are not met then the following shall appl3~
(1) No more than three dwelling units shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Ske. This includes the two dwelling units currently
existing on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox
Historic Site which lies east of State Road A-1-A shall contain more than two thousand and
four hundred (2,400) square feet of gross floor ~ea.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be dechred by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2 ORD. NO. 12-02
PASSED AND ADOPTED in reg.,hr session on second and final reading on this the
~ chyof ,200
ATTEST
MAYOR
Gary Clerk
First Reading
Second Reading
3 ORD. NO. 12-02
ORDINANCE NO. 12-02(Q
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACI-I, FLORIDA, AMENDING
ORDINANCE NO. 70-89 THAT PROVIDED FOR THE
HISTORIC DESIGNATION OF THE FONTAINE FOX
HOUSE; PROVIDING A SAVING CLAUSE, A GENERAL
REPE.AI.F.R CI.RUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided
for the historic designation of the Fontaine Fox House as well as certain surrounding vacant
property, including a parcel east of A-l-A, and allowed the development of a total of 3
dwelling units on the site which would include the developmem of a house on the east side of
A-l-A, provided certain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east
side of A-1-A on the historic site; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A
wishes to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1, ~Designafion'' of Ordinance No. 70-89 of the City of
Delray Beach is hereby amended to provide for a revised Exhibit 1.
Section 2.
follows:
That Section 2, ~Requirements of Designation" is hereby amended as
Notwithstanding any provision of the City Code of the City of Delray Beach and any
other provision of this Ordinance, the following requirements shall apply to the use and
development of the Fontaine Fox I-fistoric Site:
1) no more than .k_~ ra~
.... vv two (2) dwelling units shall be used and developed
within the boundaries of the Fontaine Fox I-fistoric Site; and,
2) no dwelling unit used or developed on that portion of the Fontaine Fox
Historic Site which lies east of State Road A-1-A shall contain more than two thousand and
four hundred (2,400) square feet of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
C~ty Clerk
Fi~t Reading
Second Reading
2 ORD. NO. 12-02
EXHIBIT 1
Begin at the Southeast comer of Lot 2 of Ocean Apple Estates as recorded in Pht Book
65, Page 100 of the Public Records of Palm Beach County, Florida; Thence S 89' 07' 09"
W along the South line of said Lot 2, a distance of 196.35 feet; Thence N 01 ° 18' 31" W
along the West line of said Lot 2, a distance of 50.00 feet; Thence S 89 ° 08' 10" W along
the South line of said Lot 2, a distance of 11.19 feet; Thence N 01 ° 02' 43" W, a distance
of 55.70 feet; Thence N 88 ° 57' 17" E, a distance of 19.30 feet; Thence N 01 ° 02' 43' W
a distance of 65.26 feet; Thence N 88° 57' 17" E, a distance of 29.00 feet; Thence N 01'
02' 43" W, a distance of 29.35 feet to the North line of said Lot 2; Thence N 89' 05' 16"
E along said North line of Lot 2, a distance of 159.89 feet to the Northeast comer of said
Lot 2; Thence S 00° 55' 27" E along the East line of said Lot 2 a distance of 200 feet to
the Point of Beginning,
Together With
LOt 1, Ocean Apple Estates as recorded in Pht Book 65, Page 100 of the Public Records
of Palm Beach County, Florida
Together With
The South 10 feet of Lot 3 lying East of the right-of-way of State Road A-l-A, Block E,
Revised Pht of Blocks D and E, palm Beach Shore Acres, Delray Beach, Palm Beach
County, Florida, according to the Pht thereof recorded in Pht Book 7 at page 38 of the
Public Records of Palm Beach County, Florida.
3 ORD. NO. 12-02
Item:
I1. A. - Meeting of March 6, 2002
Consideration of an amendment to Ordinance 70-89 regarding the
Fontaine Fox House historic designation.
Location: 610 & 615 N. Ocean Boulevard
The item before the Board is approval of an amendment to Ordinance 70-89 for the
Fontaine Fox House historic designation, pursuant to LDR Sections 4.5.1(B) and
4.5.1(K)(2).
The Fontaine Fox historic designation contains approximately 2.5 acres of land and
consists of Lots 1, 2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3
(lying east of A1A) of the Palm Beach Shore Acres plat. The properties are located
approximately 900' south of George Bush Boulevard between Andrews Avenue and the
Atlantic Ocean. Lot 1 lies on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while
lots 2 and 3 lie on the west Side of Ocean Blvd (610 N. Ocean Blvd.) between N. Ocean
Boulevard and Andrews Avenue. Associated with the property is a 1,184 square foot
Cape Cod cottage, which was constructed in 1936 of Flodda cypress. Inspired by the
trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape
Cod Cottage style is located on Lot 2. Three outbuildings are also located to the west
(behind) the existing house on lot 2. All three structures are considered contributing
buildings. Zoned R-l-AAA Single Family Residential, the property (including all three
lots) is an individually listed historic property in the City of Delray Beach as established
by Ordinance 70-89.
The Historic Preservation Board recommended approval of Ordinance 70-89 to the City
Commission on September 20, 1989 with the stipulations that Lot 1, the oceanfront lot,
could build one dwelling unit of no more than 2,400 square feet and that the property be
subdivided into no more than three lots for no more than three dwelling units (one house
per lot). The Ordinance was adopted by the City of Delray Beach on October 24, 1989.
In conjunction with the designation, the beachfront lot (Lot 1) received a variance to
allow a lot that did not comply with the minimum lot area and side building setback
requirements of the R-l-AAA zoning district. The gross lot size was reduced from
12,500 sq. ft. to 8,042 sq. ft. and the side setbacks reduced from 12' to 5'.
A request to amend Ordinance 70-89 was submitted in June 1992 which proposed an
850 square foot addition to the gross floor area for the single family home to be
constructed on Lot 1 (615 N. Ocean Boulevard). This amendment would have allowed
a dwelling unit of 3,250 gross square feet as opposed to the 2,400 square foot
restriction as imposed by the Ordinance. Upon review of the request, the Board
recommended approval of the amendment to the City Commission at its meeting on
October 27, 1992. However, the amendment request was denied by the City
Commission during its meeting on October 27, 1992.
610 & 615 N. Ocean Boulevard, Ordinance amendment
Individually Listed Property , ,
Page 2 , ,
In December 2, 1992, the Board approved the architectural elevations for the
construction of a new residence at 615 N. Ocean Blvd. Approval was contingent upon
the terms set forth in Ordinance 70-89, which stated that the building shall contain no
more than 2,400 square feet or gross floor area.
Project Description:
The proposal is to amend Ordinance 70-89 in order to remove the historic designation
from Lot 3 and a portion of Lot 2 (see map) and alter the previous density restriction to
allow Lot 3 and a portion of Lot 2 to be subdivided into a total of four separate parcels to
accommodate a development plan for construction of single family homes
(perpendicular to the extant historic structure). The historic designation for the
remaining portion of the current Lot 2 (see map), the lot that houses the Fontaine Fox
House and its contributing outbuildings, as well as Lot 1 on the ocean side, would
remain.
The overall project also proposes to subdivide the lot immediately north of the Fontaine
Fox House, which consists of a contributing Cape Cod house built in 1935 (proposed
lots 6 & 7). Lot 7, located directly behind (west) the structure at 622 N. Ocean Boulevard
is currently described as Lot 1 of the Hancock Subdivision.
De-desianation Analysis:
There is no formal de-designation process in the Land Development Regulations.
In absence of a formal process, this de-designation request is being evaluated
based upon the current designatiow criteria. If it is determined that the de-
designation should not. be evaluated based upon these standards, the item
should be tabled and a formal de-designation LDR process created.
LDR Section 4.5.1(E)(4), (E)(8)(a), and (E)(8)(j)"Development Standards" provides
guidelines in evaluating Certificates of Appropriateness for the alteration or
addition of exterior architectural features. The guidelines are as follows:
The Board Shall Consider:
(a)
A historic site, or building, structure, site, improvement, or appurtenance within a
historic district shall be altered, restored, preserved, repaired, relocated,
demolished, or otherwise changed in accordance with the Secretary of the
Interior's Standards for Rehabilitation, as amended from time to time.
(b)
All improvement to buildings, structures, and appurtenances within a designated
historic district shall be visually compatible. Visual compatibility can include but is
not limited to: consistency in relation to materials, texture, and color of the fa(~ade
of a building in association with the predominant material used in surrounding
historic sites and structures within the historic district.
610 & 615 N. Ocean Boulevard, Ordinance amendment
Individually Listed Property ,
Page 3 ., ,
(c) A height of proposed buildings or modifications shall be visually compatible in
comparison or relation to the height of existing structures and buildings.
(d)
The size of a buildings, the building mass in relation to open spaces, windows,
door openings, balconies, and porches shall be visually compatible with the
building size and building mass of historic sites, buildings, and structures within a
historic district.
In 1989, the previous property owners, Roderick and Joyce Wilson initiated the
designation process for the Fontaine Fox Property, currently described as Lots 1-3 of
Ocean Apple Estates, for listing in the Local Register of Historic Places. The
designation would ensure that the density of development for the property was
restricted and would permit the construction of a dwelling on the lot directly across from
the Fox residence on the east side of Ocean Boulevard (Lot 1). As previously stated,
this lot received a variance to allow the creation of a lot that did not comply with the
minimum lot area and side yard building setback requirements of the R-l-AAA zoning
district. The request for historic designation of the property and the restrictions imposed
on the property to limit the division of one lot to three and imposing a square footage
limitation on the oceanfront parcel (Lot 1) was supported by the property owners and
was not an arbitrary action by the City. Due to the fact that these restrictions run with
the land and not the owner, the designation and building restrictions should remain on
all three lots associated with the property.
The removal of the designation from the adjacent lot (lot 3 and a portion of Lot 2) could
hold long term implications for both the protection of the integrity of the extant historic
structures at 610 N. Ocean Blvd. and the designation status of other sites and
structures on the Local Register of Historic Places. In order to protect the integrity of the
Fontaine Fox House and its contributing outbuildings, it is recommended that lot 3 be
divided into just three additional parcel~ allowing the development of these conforming
lots for the construction of just one single family home on each parcel. The fourth lot,
adjacent to the Fontaine Fox house (directly to the west of the house) should be
divided/eliminated to establish a minimum of a 50' buffer between the proposed new
lots and the historic property. The residual area of this divided lot could then be
incorporated into the three remaining proposed lots (lots 1-3). These restrictions will
allow for further development of the property and is therefore not considered an
economic hardship for the property owner. As the limitations on the property were
already in place when the current owner purchased the property, there was an
understanding of the property's development restrictions including the historic
designation from the time of purchase.
Additionally, the historic designation would remain on all three extant lots to ensure that
the design elements including the scale and massing of the new construction conform to
the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Design
Guidelines. As the proposed project protrudes onto the adjacent lot to the north
affecting the historic residence at 622 N. Ocean Blvd., it is recommended that steps be
taken to list the house at 622 N. Ocean Blvd. on the Local Register of Historic Places,
which has been attached as a condition of approval. Controlled density and design
elements for any new construction in close proximity to the historic structures on 610
and N. Ocean Blvd. would further protect the integrity of the structures and control
610 & 615 N. Ocean Boulevard, Ordinance amendment
Individually Listed Property
Page 4 .
future development plans around the buildings. To ensure that any new construction be
designed to compliment the surrounding historic structures, a height limitation of 28' is
recommended for any structure built on proposed lots 3 and 7 (per staff
recommendation to eliminate lot 4).
In addition, to the above, it is recommended that the property owner move forward with
the filing of a Preliminary Information Site Questionnaire (PSIQ) with the Division of
Historical Resources (SHPO) in Tallahassee to ascertain the historical and architectural
integrity of the Fontaine Fox house and its outbuildings for their nomination to the
National Register of Historic Places. If the PSIQ yields positive findings towards listing
the house, a National Register nomination should then be initiated and submitted to the
National Park Service to designate the property and its contributing historic structures to
the National Register. Both designation processes are to be initiated prior to the
approval of the plat. These terms have been placed as conditions of approval.
A. Continue with direction.
Bo
Approve 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610
& 615 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with
respect to LDR Sectior{ 4.5.1(B) and 4.5.1(K)(2) and the Delray Beach Design
Guidelines subject to conditions.
C. Deny approval of 2002-101-COA-CCA for the amendment to Ordinance 70-89
affecting 610 8, 615 N. Ocean Blvd, the Fontaine Fox House, with the basis
stated.
Approve the request to amend Ordinance #70-89 based on positive findings for the
property at 610 & 615 N. Ocean Boulevard with respect to LDR Section 4.5.1 (B), (E),
and (K), and the Design Guidelines subject to the following conditions:
1) Maintain the geographical boundaries of the historic designation (Lots 1-3 of Ocean
Apple Estates and the south 10' of lot 3 of Palm Beach Shore Acres).
2) Modify the density restriction from three to five dwelling units.
3)
Establish a minimum of a 50' buffer between the existing wall at the rear of 610 N.
Ocean Boulevard and the lot adjacent (west) approximately 140' east of the west
line of Lot 2 of Ocean Apple Estates (as shown on the attached map).
3) Restrict the height of any new construction of proposed lots 3 & 7 to 28'.
610 & 615 N. Ocean Boulevard, Ordinance amendment
Individually Listed Property ,
Page 5 ,
4) That the residence at 622 N. Ocean Blvd be listed in the Local Register of Historic
Places and approved by the City Commission. The designation process for local
listing is to be completed prior to the recordation of the proposed final plat.
5) That the Fontaine Fox House must be listed on the National Register of Historic
Places, unless otherwise determined by the State Historic Preservation Office. The
designation process for listing in the National Register will be initiated prior to the
approval of the plat.
Attachments: Staff Report for Historic Designation of 610 N. Ocean Blvd., Current Plat, Proposed Plat
Report Prepared by: Wendv Shay. Historic Preservation Planner
TO:
THRU:
FROM:
SUBJECT:
MEETING OF MARCH 19, 2002
ZONING CHANGE FROM RT (RESORT TOURISM) TO PC (PLANNED
COMMERCIAL) FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST
CORNER OF SE 5TM AVENUE (SOUTHBOUND FEDERAL HIGHWAY), AND
SE 10TM STREET.
The subject property is a vacant unplatted parcel containing 2.067 acres.
At its meeting of July 26, 1988, the City Commission approved the Land Use Plan Amendment
from MF-10 to Commercial, a rezoning from RM-10 to SAD, and the associated conditional use
and site plan to construct a 97-room motel on the subject property. A site plan modification was
later approved administratively to reduce the motel to 90 rooms. Subsequent to the site plan
approval a plat was processed, but was not recorded and the motel was never constructed.
The City Commission rezoned the property from SAD to RT (Resort/Tourism) as part of the
citywide rezoning that occurred in October 1990. There has been no construction activity on the
property.
Additional background and an analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
At its meeting of February 25, 2002, the Planning and Zoning Board held a public hearing in
conjunction with the rezoning request. There were two people from the public that spoke. One
person expressed a concern with respect to the traffic generation and the other person was
concerned the zoning would allow objectionable uses such as cocktail lounges. After reviewing
the staff report, considering the testimony, and discussing the proposal, the Board voted 6-0 to
recommend approval, based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the
Comprehensive Plan.
By motion, approve on first reading the ordinance for a zoning designation change from RT
(Resort Tourism) to PC (Planned Commercial) based on positive findings with respect to
Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the
Comprehensive Plan.
Attachments: P & Z Staff Report of February 25, 2002
ORDINANCE NO. 11-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RT (RESORT TOURISM) DISTRICT TO PC
(PLANNED COMMERCIAL) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE SOUTHWEST CORNER OF
SOUTHEAST 5TH AVENUE AND SOUTHEAST 10TH STREET, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated July, 2001, as being zoned RT (Resort Tourism) District; and
WHEREAS, at its meeting of February 25, 2002, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of PC (Planned Commercial) District for
the following described property:
The West 152.89 feet of the South 330 feet of the North 1,155 feet of Lot 10, Block 1,
Model Land Company Subdivision of Section 21, Township 46 South, Range 43 East,
Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in
Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida, less the
North 33 feet thereof for Public Road right-of-way and utility purposes.
Together With
The East 150 feet of that part of the South one-half(S lA) of Lot 10, Block 1, of Model
Land Company Subdivision of West half (W lA) of Section 21, Township 46 South,
Range 43 East, as recorded in Plat Book 1 Page 128, Public Records of Palm Beach
County, Florida, lying West of the Westerly right-of-way line of Southeast 5th Avenue
(U.S. Highway No 1, South) as shown on State of Florida, State Road Department
right-of-way map of Section 93010, Sheet 108, and north of the Westerly extension of
the South line of Lot 25, Block 2, said Model Land Company Subdivision, less the
North 25.00 feet thereof.
Section 2. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ~
day of ,200__.
ATTEST M A Y O R
City Clerk
First Reading.
Second Reading.
2 ORD NO. 11-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 25, 2002
IV.A.
Rezoning from RT (Resort Tourism) to PC (Planned Commercial) for a 2.067
Acre Parcel of Land Located at the Southwest Comer of SE 5~ Avenue and SE
10t~ Street for a Proposed Washington Mutual Bank and Other Commercial
Uses.
GENERAL DATA:
Owner .............................
Applicant/Agent ..............
Location ..........................
Property Size ..................
Future Land Use Map .....
Current Zoning ...............
Proposed Zoning ..........
Adjacent Zoning .... North:
East:
South:
West:
Existing Land Use ..........
Proposed Land Use ........
Water Service .................
Sewer Service ................
Charles V. Clement
Stanely G. Hill
Located on the southwest corner of
Southeast 5th Avenue and Southeast
10~ Street.
2.06 Acres
GC (General Commercial)
RT (Resort Tourism)
PC (Planned Commercial)
R-I-A (Single Family Residential) &
GC (General Commercial).
PC (Planned Commercial).
POC (Planned Office Center)
RM (Multiple Family Residential,
Medium Density)
Vacant
Future site of Washington Mutual
Bank, with additional commercial
space.
Connection via a 8' water main within
S.E 10~ Street.
Connection wa a 10' sewer main
within S.E. 10th St.
'.',l
t EXECU TI VE
iOUART£RS
IV.A.
The item before the Board is that of making a recommendation to the City
Commission on a privately sponsored rezoning from RT (Resort Tourism) to PC
(Planned Commercial) for Washington Mutual, pursuant to LDR Section
2.4.5(D). The subject property is located at the southwest corner of SE 5th
Avenue (Southbound Federal Highway) and SE 10th Street.
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and
make a recommendation to the City Commission with respect to the rezoning of
any property within the City.
The subject property is a vacant unplatted parcel containing 2.067 acres.
In 1988, a Land Use Plan Amendment from MF-10 (Multi-Family - 10 units per acre) to C
(Commercial), rezoning from RM-10 to GC (General Commercial), and an associated
conditional use and site plan were processed to construct a 97-room motel on the subject
property. At its meeting of June 28, 1988, the City Commission considered the FLUM
amendment and rezoning. While the Planning and Zoning Board and staff supported the
rezoning to GC, the City Commission rejected the rezoning to GC as there was a concern that
a fast food restaurant, an allowed use in the GC zone district, could be developed on the
property, which would be undesirable adjacent to the residential properties (to the north and
west). Therefore, the City Commission recommended the applicant consider rezoning the
property to SAD (Special Activities District) to ensure that the use of the property would be
limited to a motel.
At its meeting of July 26, 1988, the City Commission approved the Land Use Plan Amendment
from MF-10 to Commercial, a rezoning from RM-10 to SAD, and the associated conditional use
and site plan. A site plan modification was later approved administratively to reduce the motel
to 90 rooms. Subsequent to the site plan approval a plat was processed, but was not recorded
and the motel was never constructed.
The City Commission rezoned the property from SAD to RT (Resort/Tourism) as part of the
citywide rezoning that occurred in October 1990. There has been no development activity on
the property.
The proposal is to change the zoning designation of the property from RT to PC to establish a
new financial institution with drive-through facilities for Washington Mutual and commercial
space.
P & Z Board Staff Report
Rezoning from RT to PC for Washington Mutual
Page 2
J
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the Land
Development Regulations. -
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district
and the zoning district must be consistent with the land use designation.
The subject property has a General Commercial Future Land Use Map designation and is
currently zoned RT (Resort Tourism). The proposed PC (Planned Commercial) zoning is
consistent with the General Commercial Future Land Use Map designation. The proposed
bank facility as well as the associated retail and offices are permitted uses in the PC zone
district [ref. LDR Sections 4.4.12(B)(1) & 4.4.9(B)(1)-(5)]. Based upon the above, a positive
finding can be made with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
Water & Sewer:
Water service is available via a service lateral connection to the existing 8" water main
along SE 10th Street.
Sewer service is available via a service lateral connection to the existing 10" main along SE
5th Avenue and SE 10t~ Street.
The proposed development will accommodate uses of similar intensity as those allowed in the
RT zoning district and will have similar water consumption and sewer generation rates.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standard.
Drainaqe:
With a rezoning request drainage plans are not required. The storm water retention will be
reviewed during the site plan application process. Them am no problems anticipated with
retaining drainage on site and obtaining a South Florida Water Management District permit.
P & Z Board Staff Report
Rezoning from RT to PC for Washington Mutual
Page 3
Traffic:
The uses allowed under the existing RT zoning include uses allowed in the PC zone district.
The proposed zoning is of similar intensity, therefore a potential increase in traffic is not
anticipated from the rezoning action itself. As the intensity of uses within the RT and PC
zoning districts are similar, comparable traffic volumes would be generated. With the submittal
of a site plan application, a traffic impact study is required. The traffic study must comply with
the Palm Beach County Traffic Performance Standards Ordinance. There are no problems
anticipated meeting traffic concurrency and the associated level of service standards.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses.
Solid Waste:
Trash generated each year by the proposed commercial development under the proposed PC
zone district will be comparable to that generated by the uses allowed under the RT zone
district. The development of the property under the PC zone district should not create an
adverse impact on this level of service standard.
CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2
(Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5)
(Rezoning Findings) 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 the making of a finding of overall consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objective is noted.
Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in
a manner so that the future use and intensity is appropriate in terms of soil, topographic,
and other applicable physical considerations, is complementary to adjacent land uses,
and fulfills remaining land use needs.
Many of the uses allowed within the RT zoning district are allowed uses within the PC zoning
district such as hotels, motels, and recreational uses. The proposed rezoning will allow the
applicant to develop a bank and commercial tenant space on the property. The surrounding
uses are single family and medical office to the north, offices to the south, retail (Walgreen's)
and vacant to the east, and vacant residential property to the west. The proposed PC zoning
designation is of similar intensity as the existing surrounding commercial uses. The proposed
commercial designation is an appropriate zoning designation along an arterial road (Federal
Highway).
P & Z Board Staff Report
Rezoning from RT to PC for Washington Mutual
Page 4
Compatibility with respect to adjacent residential uses can be mitigated through additional
buffering, which will be addressed at the sit° development plan stage.
Section 3.2.2 (Standards for Rezonin.q Actions): .~*ar~dard A, B, and E are not applicable
with respect to this rezoning request. The applic~b;e performance standards of Section
3.2.2 are as follows:
(c)
Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial developments or zoning currently exists along
an arterial street, consideration should be given to increasing the depth of the
commercial zoning in order to provide for [~etter project design.
The proposed PC zoning is not considered strip commercial zoning. The site contains
2.067 acres and has a depth of over 250'. The property is to be developed as a plaza
with a bank facility as well as retail and office space.
D)
That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land uses both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The property is bordered by the following zoning designations and uses:
Direction Zoning Uses
North GC & R-1-A
West RM
South POC
East PC
Medical office & single family
Vacant
Professional offices
Walgreen's & vacant (approved hotel)
There are no major compatibility concerns with the surrounding uses to the north, south
and east. The PC zoning allows uses that are similar in intensity to other uses in this
section of South Federal Highway. Rezoning the site to allow for its development will
enhance adjacent uses. Compatibility will be further addressed with the site and
development plan review. Compatibility with the residentially zoned properties to the
north and west is a concern. However, the property to the west is currently vacant and
contains a stand of Hurricane Pines, which is environmentally sensitive flora. The
residential property to the north is separated from the subject property by SE 10th Street
and there are existing regulations to mitigate any potential impacts on the residentially-
zoned properties.
Section 2.4.5{D){5) {Rezonin_cl Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the
City Commission must make a finding that the rezoning fulfills one of the reasons for
which the rezoning change is being sought. These reasons include the following:
P & Z Board Staff Report
Rezoning from RT to PC for Washington Mutual
Page 5
ae
That the zoning had previously been changed, or was originally established, in
error;
bm
That there has been a change in circumstances which make the current zoning
inappropriate;
That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood..
The applicant has submitted a justification statement which states the following:
'The Future Land Use Map designates this property as General Commercial The
proposed Planned Commercial Zoning is of similar intensity to this zoning. The parcel to
the East of the subject property is zoned Planned Commercial (PC). The property to the
South is zoned Planned Office Center (POC). The property to the North is zoned
General Commercial (GC) and single family residential (R-l-A). Due to the surrounding
Commercial zoning and identical zoning to the East, Planned Commercial zoning will
match up well with the neighborhood and is, therefore, an appropriate zoning for this
site.
The Planned Commercial Zoning will ensure that this highly visible property will be
attractively developed also."
Comment: The basis for which the rezoning is being sought most closely relates to Item "c."
As noted previously many of the uses allowed in the RT zoning district are also allowed in the
PC zoning district. Since rezoning the property in 1990, a site plan was approved for a motel.
However, the motel was never built and the property has remained vacant. The proposed
rezoning to the PC zoning district will be of similar intensity to the RT zoning district and will
provide flexibility to develop the property as a bank with commercial tenant space. Finally, the
2.067 acre parcel is not of sufficient size to accommodate several uses in the RT zoning district
such as golf courses, conference facilities, auditoriums, and stadiums.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the development proposal.
Planned Commercial Purpose and Intent [LDR Section 4.4.12(A)]:
Pursuant to LDR Section 4.4.12(A), the Planned Commercial (PC) District provides for retail,
office, and other commercial activities to be established on large sites in a well planned,
functional, and aesthetically pleasing manner. The PC District shall be applied to properties
designated as commercial on the Future Land Use Map where the unified development is, or
will be, in excess of 5 acres; or when it is appropriate to preserve the character of certain
specialty retail and office centers; or to ensure that certain high visibility areas are attractively
developed.
P & Z Board Staff Report
Rezoning from RT to PC for Washington Mutual
Page 6
While the proposed rezoning involves less than 5 acres (2.067 acres), the proposed PC zoning
will be applied at a high visibility area to ensure that development of the subject property will be
compatible and consistent with the character of the surrounding area.
Development Standards:
Special Landscape Area:
Pursuant to LDR Section 4.4.12(F)(1), within the first 10' of the front yard setback area
(abutting the property line) full landscaping shall be provided. Driveways and sidewalks shall
be accommodated only when generally perpendicular to the property line. This standard will be
required along SE 5~h Avenue (Southbound Federal Highway).
Pursuant to LDR Section 4.3.4(H)(6)(b)(1), along Federal Highway, single frontage properties
with a depth between 251' and 300' must provide a 20' landscape setback, from the ultimate
right-of-way line of SE 5th Avenue.
Minimum Floor Area:
Pursuant to LDR Section 4.4.12(F)(2), any free-standing structure shall have a minimum floor
area of 6,000 square feet; shall be architecturally compatible with other structures, shall take
access from the interior circulation system of the development and shall be able to meet all
code requirements if it were to situated on an out parcel.
The subject property is not in a geographical area requiring review by the CRA (Community
Redevelopment Agency), DDA (Downtown Development Authority) and HPB (Historic
Preservation Board).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
[] PROD
[] President's Council
[] Osceola Park
El Harbourside
Q Delray Harbour Club East
[] JMD Properties- Domaine Delray
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support and objection, if any, will be presented at the Planning and Zoning
Board meeting.
P & Z Board Staff Report
Rezoning from RT to PC for Washington Mutual
Page 7
The rezoning from RT (Resort Tourism) to PC (Planned Commercial) is consistent with the
policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations.
Positive findings are made in the staff report with respect to LDR Section 2.4.5(D)(5) (Rezoning
Findings). The PC zoning is more appropriate zoning giving the land use pattern on Federal
Highway and is appropriate to ensure a well planned development on a property with high
visibility.
A. Continue with direction.
Recommend approval of the rezoning request from RT to PC for Washington Mutual,
based upon positive findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive Plan, and LDR Section
2.4.5(D)(5).
Recommend denial of the rezoning request from RT to PC for Washington Mutual,
based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5),
that the rezoning does not fulfill one of the reasons for which a rezoning should be
sought.
Recommend to the City Commission approval of the rezoning from RT to PC for Washington
Mutual, based upon positive findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive Plan, and LDR Section
2.4.5(D)(5).
Attachments:
Location/Zoning Map
Boundary Survey
This Staff Report was prepared by: Scott Pape, .Senior .Planner
OTY OF DEI. RAY BEACH, F~.
PLANNING & ZONINGDEPARTMENT
WASHINGTON MUTUAL
- REZONING -
FROM: RT (Resort Toudsm) TO: PC (Planned Commercial)
-- OI~'IT,41. ~I,EE' MAP SY$TE'M -- MAP RET'. t. M58B
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