Agenda Reg 03-06-01 CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - MARCH 6, 2001
6:00 P.M- POMPEY PARK RECREATION CENTER
AGENDA ADDENDUM
THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS:
CONSENT AGENDA
RESOLUTION NO. 23-01: Approve Resolution No. 23-01, which supports keeping 561
area code for Palm Beach County residents and establishing a new area code for the
Treasure Coast.
RESOLUTION NO. 24-01: Approve Resolution No. 24-01, which supports the Florida
League of Cities' 2001 Joint Legislative Platform.
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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.
City of Delray Beach
Regular Commission Meeting
Tuesday_. March 6, 2001
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
POMPEY PARK
RECREATION CENTER
1101 N W 2nd Street
Delray Beach City Hall
100 N W 1st Avenue
Deiray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Pubhc Hearings: Any citizen is entitled to speak on items under this
section.
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Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concermng 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.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign ~n 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. Ail 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 thc Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetine, s in the Commission Chambers.
2.
3.
4.
5.
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ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
Special Meeting of January 23, 2001
Special Meeting of February 27, 2001
PROCLAMATIONS:
A. Girl Scout Week - March 11 - March 17, 2001
PRESENTATIONS:
A. Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting
CONSENT AGENDA: City Manager Recommends Approval.
A. JOINT PARTICIPATION AND PROIECT FUNDING AGREEMENT
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/PALM BEACH COUNTY: Accept a Joint Participation and Project Funding
Agreement with Palm Beach County in the amount of $948,431.50 for the construction
of utility upgrades and relocation associated with the Lake Ida Road Widening Project.
Funding is available in the amount of $219.051.50 from 442-5178-536-65.18 (Lake Ida
Road Utility Relocations), $206,648.00 from 441-5161-536-63.78 (Chatelaine Lift
Station) and $522,732.00 from 441-5181-536-69.21 (Barwick/Lake Ida Road Force
Main).
AGREEMENT AMENDMENT/PALM BEACH LAUNDRY & LINEN
SERVICE: Approve an amendment to the agreement with Palm Beach Laundry &
Linen Service and transfer of contract to Linens of the Week resulting from a merger of
two linen companies.
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2001-01:
Formally initiate Comprehensive Plan amendment 2001-01 pursuant to Section 9.2.1 of
the Land Development Regulations.
REMOVED
SE 10th STREET SIDEWALK WAIVER: Accept a sidewalk waiver from New
Millennium Builders, ~ ~ ~-7]~, ~ ~-~9 SE 10th Street, located in Rio Del Ray
Shores Subdivision. Pursuant to Section 6.1. 3 (D) (1) (b) of the Land Development
Regulations.
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03-06-01
SOD REPLACEMENT/OLD SCHOOL SQUARE: Approve a bid award (under
Palm Beach County Contract bid #99-186), to Odum Sod, Inc. in the amount of
$17,600.00 for sod replacement at Old School Square. Funding is available in 334-6112-
519-46.90 (Other Repair/Maintenance Costs).
FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE
PROGRAM: Approve a funding subsidy in the total amount of $20,000.00 for two (2)
income eligible applicants under the Delray Beach Renaissance Program, with funding
from 118-1924-554-83.01 (SHIP Program), representing the 118~h homeownership
assistance grant provided through the program to-date.
FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE
PROGRAM: Approve a funding subsidy in the total amount of $19, 000.00 to one (1)
income eligible applicant under the Delray Beach Renaissance Program, with funding
from 118-1924-554-83.01 (SHIP Program), representing the 119th homeownership
assistance grant provided through the program to-date.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 20~h through March 2, 2001.
RESOLUTION NO. 21-01 AND RESOLUTION NO. 22-01: Approve Resolution
No. 21-01 which strongly supports the Florida League of Cities' 2001 Legislative Action
Agenda and Resolution No. 22-10 strongly supporting the Palm Beach County League
of Cities' 2000-2001 Legislative Issues & Priorities Agenda.
AWARD OF BIDS AND CONTRACTS:
Purchase award in the amount of $18,898.00 to Data Flow Systems (sole source)
for the purchase of Telemetry equipment associated with the rehabilitation of
Lift Station #31. Funding is available from 442-5178-536-61.83 (Lift Station
Conversion to Submersible).
Purchase award in the amount of $20,563.00 to Southeastern Pumps for pumps
and related equipment for the rehabilitation of Lift Station #31. Funding is
available from 442-5178 -536-61.83 (Lift Station Conversion to Submersible).
Bid award in the amount of $142,870.00 to JMW Construction Corp. for the
pool and bathhouse renovations removal/design-replacement at the Delray
Swim and Tennis Club. Funding is available from 117-4133-572-63.90 (Lavers
International Resort Pool).
Purchase award in the amount of $28,210.00 to Dell E Com for computer
hardware for various departments as approved during the FY00-01 budget
process. Purchase is under State Contract #250-040-99-1. Funding is available
from 334-61112-519-64.11 (Renewal and Replacement).
03-06-01
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Lo
EMERGENCY PURCHASE AWARD/NEC BCS (EAST) INC.: Approve an
emergency purchase award in the amount o£ $27,512.80 to NEC BCS (East) Inc., for
hardware & cabling for the Communication Dispatch Center at the Police Department.
REGULAR AGENDA:
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PERMANENT STREET CLOSURE: Consider a request for permanent closure of
a portion of NE 1a Avenue right-of-way, between Atlantic Avenue and NE Ist Street,
associated with the expansion of Old School Square.
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REQUEST TO ALLOW A TEMPORARY OFFICE FACILITY: Consider a
request from Lang Construction to allow a temporary modular building for use as a
temporary office facility at 3185 South Congress Avenue (former Florida Vehicle
Inspection Building), located on the east side of South Congress Avenue, north of L-38
Canal.
PARKING LOT NAMING: Consider approval of the proposed list of names for City
Parking Lots proposed by the Downtown Development Authority as part of the Phase
II Wayfinding (decorative) sign project.
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SETTLEMENT OFFER/JENKINS v. CITY: Consider the acceptance of a
settlement offer in the Jenkins v. City, in the amount of $87,500.00.
E. APPOINTMENT TO DELRAY BEACH HOUSING AUTHORITY: Appoint
one (1) member to the Delray Beach Housing Authority for an unexpired term ending
March 6, 2002. The appointment will be made by Commissioner Schwartz (Seat//3).
F. APPOINTMENTS TO THE DELRAY BEACH DOWNTOWN
10.
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DEVELOPMENT AUTHORITY: Appoint two (2) members to the Delray Beach
Downtown Development Authority for unexpired terms. The appointments will be
made by Commission Schwartz (Seat #3, term ending July 1, 2002) and Commissioner
McCarthy (Seat #4, term ending July 1, 2003).
LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS: Consider
approval of the Lien Review Advisory Committee's recommendations concerning
outstanding liens on various city properties.
PUBLIC HEARINGS:
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ORDINANCE NO. 16-01: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions", of the City Code to provide for the change in
the investment parameters for common or capital stock in the Police and Fire Pension
Plan.
ORDINANCE NO. 17-01 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations regarding parking
requirements in the CBD (Central Business District) zone district to accommodate
03-06-01
11.
12.
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required parking utilizing valet or tandem parking and establishing design standards for
valet and tandem parking arrangements. If passed, a second public hearing will be
scheduled for March 20, 2001.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
ORDINANCE NO. 19-01: An ordinance amending the Furore Land Use Map from
County MR-5 (Medium Density Residential 5-12 du/ac) to City LD (Low Density
Residential 0-5 du/ac) and associated annexation with initial zoning of R-l-AAA for the
Priest Property, located at the northwest comer of Barwick Road and L-31 Canal. If
passed, a quasi-judicial hearing will be scheduled for March 20, 2001.
ORDINANCE NO. 18-01: A City initiated ordinance correcting Furore Land Use
Map from MD (Medium Density Residential 5-1 du/ac) to GC (General Commercial)
and associated rezoning from RM (Medium Density Residential) to GC (General
Commercial) for a parcel of land located on the west side of NE 7th Avenue,
approximately 90 feet north of George Bush Boulevard. If passed, a quasi-judidal
hearing will be scheduled for March 20, 2001.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
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03-06-01
JANUARY 23, 2001
A Special Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor David Schmidt in the City Manager's Conference
Room at City Hall at 8:30 a.m., Tuesday, January 23, 2001.
Roll call showed:
Present -
Commissioner Patricia Archer (arrived at 8:40 a.m.)
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
Mayor Schmidt called the special meeting to order and announced that it had been
called for the purpose of considering the following items:
1. REQUEST FROM E.P.O.C.H. FOR ALTERNATE USE OF FUNDING
ALLOCATION: Consider a request from E.P.O.C.H. (Expending & Preserving Our
Cultural heritage, Inc.) to release a restriction on the FY 2001 funds allocated by the
City of the Spady Museum to allow the funds to be used for salaries and operating
purposes.
A request was made by E.P.O.C.H. to amend their restricted fiscal year 2001 grant in
the amount of $25,000.00 to an unrestricted grant. A motion to that affect was made by
Mr. Schwartz and seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mr. Perlman- Yes; Mrs. Archer- Yes; Mr. Schwartz- Yes; Ms. McCarthy-
Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Dharma
Properties, Inc. vs. City of Delray Beach (Case 00-8362CW-Hurley) and Dharma
Properties, Inc. vs. City of Delray Beach (Case No. AP00-1157-AY)
Affendees:
Mayor David Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney Jay Jambeck
A certified court reporter
Purpose: Discuss the above pending litigation
Mayor Schmidt read the following statement into the record:
"The City has scheduled a closed attorney-client session pursuant to
Florida Statutes 286.011 in the cases of Dharma Properties, Inc. vs. City
of Delray Beach with the case numbers as set forth above. The estimated
length of the closed session shall be 30 minutes. The following persons
will be attending: Mayor David Schmidt, Commissioner Pat Archer,
Commissioner Alberta McCarthy. Commissioner Jeff Perlman,
Commissioner Bill Schwartz, City Manager David T. Harden, City Attorney
Susan A. Ruby, Assistant City Attorney Jay Jambeck, and a certified court
reporter."
At this point, the time being 8:43 a.m., Mayor Schmidt adjourned the special meeting to
the closed attorney/client session pursuant to F.S. 286.011(8).
At 9:30 a.m., Mayor Schmidt reconvened the special meeting and announced that the
closed session was terminated.
Thero being no further business, the meeting was adjourned at 9:31 a.m.
Acting City Clerk
ATTEST:
MAYOR
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the minutes of the Special City Commission Meeting held
on January 23, 2001, which minutes were formally approved and adopted by the City
Commission on
Acting 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.
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FEBRUARY 27, 2001
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to
order by Mayor David Schmidt in the First Floor Conference Room at 6:00 p.m. on Tuesday,
February 27, 2001.
Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz
Mayor David Schmidt
Also present were City Manager David T. Harden and City Attorney Susan A.
Ruby.
Mayor Schmidt called the special meeting to order and announced that it had been called for the
purpose of considering the following items:
BID AWARD VEHICLE REPLACEMENT: Approve bid awards for vehicle
replacement from the Florida Sheriff Association contract and from the State of
Florida contract. Funding is available from 501-3312-591-64.20 (Central
Garage/Automotive in the amount of $313,490.
Mr. Schwartz moved to approve the bid award for vehicle replacement in the amount of
$313,490.00, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
2. WEST ATLANTIC AVENUE LANDSCAPE & IRRIGATION
IMPROVEMENTS: Approve the Maintenance Memorandum of Agreement
contract between the State of Florida Department of Transportation and the City for
th th
improvement for West Atlantic Avenue between 10 and 12 Avenues and approving
Resolution No. 19-01.
Mrs. Archer moved to approve the Maintenance Memorandum of Agreement contract
between the Florida Department of Transportation and the City and Resolution No. 19-
01, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows Mrs.
Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes. Said motion passed with a 5 to 0 vote
3. MARCH WORKSHOP: Consider holding the March workshop on Tuesday, March
12, 2001.
After discussion it was the consensus of the City Commission to move the March
workshop to Tuesday, March 13, 2001 at 6:00 p.m. in the First Floor Conference Room
at City Hall and hold a Special meeting on Wednesday, March 14, 2001 at 5:00 p.m. in
the City Manager's Conference Room to canvass the returns and declare the results of the
March 13, 2001 Special Election.
4. PURCHASE AWARD/SCIENTIFIC DIMENSIONS COMPANY: Approve a
purchase award for in-car printers for the Police Department's road patrol vehicles to
Scientific Dimensions Company in the amount of $37,686.01. Funding is available
form 334-6111-519-64.20 (1998 COPS MORE Grant).
David Junghans, Administrative Services Director explained to the Commission that staff
looked at several different in-car printers and they believe that this printer will best meet
the overall needs of the department. He also stated that the cost of $37,686.01 did not
include the installation. Installation costs should be around $50 per printer.
Mr. Schwartz moved to approve the purchase award for in-car printers to Scientific
Dimension Company in the amount of $37,686.01, seconded by Mr. Perlman. Upon roll
call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to
0 vote.
There being no further business, Mayor Schmidt adjourned the special meeting at 6:10 p.m. at
which time the regularly scheduled workshop was convened.
Acting 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 City Commission Special Meeting held on February 27,
2001, which minutes were formally approved and adopted by the City Commission on
Acting 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.
MARCH 6~ 2001
A Regular Meeting of the City Commission of the City of Delray Beach, Florida
was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, March 6, 2001.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2_:. Reverend Jim Atchison with Church of the Palms Congregational United Church
of Christ delivered the opening prayer.
3~
The Pledge of Allegiance to the flag of the United States of America was given.
4~
AGENDA APPROVAL:
Mayor Schmidt noted the additions of Item 8.M., Resolution No. 23-01, and
Item 8.N., Resolution No. 24-01 to the Consent Agenda by addendum.
The City Attorney requested that Item 8.A., Joint Participation and Pro.iect
Funding Agreement with Palm Beach County {Lake Ida Road Widening Pro.ieet) be pulled
from the Consent Agenda.
Mr. Schwartz moved to approve the agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Schwartz.- Yes; Ms. McCarthy - Yes; Mayor Schmidt o Yes. Said motion passed
with a 5 to 0 vote.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Special Meeting of January 23,
2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
Mrs. Archer moved to approve the Minutes of the Special Meeting of February
27, 2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
03/06/01
6_. PROCLAMATIONS:
6.A. Girl Scout Week - March 11 - March 17~ 2001
Mayor Schmidt noted a proclamation proclaiming the week of March 11-17, 2001
as Girl Scout Week. He stated that Girl Scout members nationwide would be celebrating 89
years of an American tradition.
7. PRESENTATIONS:
7.A. Government Finance Officers Association - Certificate of Achievement for
Excellence in Financial Reporting.
The Government Finance Officers Association (GFOA) presented the Finance
Department with a Certificate of Achievement for Excellence in Financial Reporting for the
Comprehensive Annual Financial Report for the fiscal year ended September 30, 1999.
Joseph Safford, Finance Director, came forward to accept the plaque and
announced that the Finance Department has received recognition from the GFOA for seventeen
consecutive years.
CONSENT AGENDA: City Manager Recommends Approval.
8oAo
THIS ITEM HAS BEEN PULLED FROM THE AGENDA.
AGREEMENT AMENDMENT/PALM BEACH LAUNDRY & LINEN
8°g.
SERVICE: Approve an amendment to the agreement with Palm Beach Laundry & Linen
Service and transfer of contract to Linens of the Week resulting from a merger of two linen
companies.
8.C. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2001-01:
Formally initiate Comprehensive Plan amendment 2001-01 pursuant to Section 9.2.1 of the Land
Development Regulations.
8.,D. REMOVED
8.E. SE 10th STREET SIDEWALK WAIVER: Accept a sidewalk waiver from New
Millennium Builders, Inc. for 715, 713, and 709 SE 10th Street, located in Rio Del Ray Shores
Subdivision. Pursuant to Section 6.1.3(D)(1)(b) of the Land Development Regulations.
8.F. SOD REPLACEMENT/OLD SCHOOL SQUARE: Approve a bid award
(under Palm Beach County Contract bid #99-186), to Odum Sod, Inc. in thc amount of
$17,600.00 for sod replacement at Old School Square. Funding is available in 334-6112-519-
46.90 (Other Repair/Maintenance Costs).
8.G. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE
PROGRAM: Approve a funding subsidy in the total amount of $20,000.00 for two (2) income
eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-
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03/06/01
554-83.01 (SHIP Program), representing the 118th homeownership assistance grant provided
through the program to-date.
8.H. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE
PROGRAM: Approve a funding subsidy in the total amount of $19, 000.00 to one (1) income
eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-
554-83.01 (SHIP Program), representing the l l9th homeownership assistance grant provided
through the program to-date.
8oi.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period February
20th through March 2, 2001.
8.J. RESOLUTION NO. 21-01 AND RESOLUTION NO. 22-01: Approve
Resolution No. 21-01 which strongly supports the Florida League of Cities' 2001 Legislative
Action Agenda and Resolution No. 22-10 strongly supporting the Palm Beach County League of
Cities; 2000-2001 Legislative Issues & Priorities Agenda.
The caption of Resolution No. 21-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, STRONGLY SUPPORTINIG
THE FLORIDA LEAGUE OF CITIES' 2001 LEGISLATIVE
ACTION AGENDA.
(The official copy of Resolution No. 21-01 is on file in the City Clerk's office.)
The caption of Resolution No. 22-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, STRONGLY SUPPORTINIG
THE PALM BEACH COUNTY LEAGUE OF CITIES' 2000-2001
LEGISLATIVE ISSUES & PRIORITIES AGENDA.
(The official copy of Resolution No. 22-01 is on file in the City Clerk's office.)
8oK.
AWARD OF BIDS AND CONTRACTS:
Purchase award in the amount of $18,898.00 to Data Flow Systems (sole
source) for the purchase of Telemetry equipment associated with the
rehabilitation of Lift Station #31. Funding is available from 442-5178-
536-61.83 (Lift Station Conversion to Submersible).
Purchase award in the amount of $20,563.00 to Southeastern Pumps for
pumps and related equipment for the rehabilitation of Lift Station #31.
Funding is available from 442-5178-536-61.83 (Lift Station Conversion to
Submersible).
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03/06/01
J
Bid award in the amount of $142,870.00 to JMW Construction Corp. for
the pool and bathhouse renovations removal/design-replacement at the
Delray Swim and Tennis Club. Funding is available from 117-4133-572-
63.90 (Lavers International Resort Pool).
Purchase award in the amount of $28,210.00 to Dell E Com for computer
hardware for various departments as approved during the FY00-01 budget
process. Purchase is under State Contract #250-040-99-1. Funding is
available from 334-61112-519-64.11 (Renewal and Replacement).
8.L. EMERGENCY PURCHASE AWARD/NEC BCS (EAST) INC.: Approve an
emergency purchase award in the amount of $27,512.80 to NEC BCS (East) Inc., for hardware &
cabling for the Communication Dispatch Center at the Police Department.
Mr. Schwartz moved to approve the Consent Agenda as amended, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion
passed with a 5 to 0 vote.
REGULAR AGENDA:
9.A. PERMANENT STREET CLOSURE: Consider a request for permanent closure
of a portion of NE 1st Avenue right-of-way, between Atlantic Avenue and NE 1st Street,
associated with the expansion of Old School Square.
Paul Dorling, Planning Director, stated the closure of a 50' x 320' (approximate)
portion of the N.E. 1st Avenue right-of-way. The closure is being requested in order to
accommodate the expansion of the Old School Square facility. Expansion plans include the
construction of an outdoor bandshell/amphitheater and ancillary support structures (concession
stand, rest rooms, south & lighting building, loggia, etc.). A portion of the seating area will be
located within the N.E. 1 st Avenue right-of-way. A site plan modification is currently in process
for the described expansion.
The proposed closure will eliminate 27 on-street parking spaces. However, three
spaces will be gained with a resulting minor reconfiguration of the CRA parking lot, for a net
loss of 24 parking spaces.
At its meeting of February 26, 2001, the Planning and Zoning Board considered
the request at a public hearing. One person from the public spoke against the closure. After
reviewing the staff report the Board had an extended discussion centering on issues, such as: the
appropriateness of closing the street at this time, the fact that there is no guarantee that future
phases of the master plan (specifically the parking garage) will ever come to fruition, and the
loss of 24 parking spaces in the downtown. Board member Lloyd Hassner made a motion to
recommend approval of the street closure of NE 1 st Avenue, with the attached recommendations:
1) The street not be closed until construction of the bandshell begins, and 2) Encourage the City
Commission to convert the one-way pairs (NE 1st St. & S.E. 1st St.), back to two-way traffic.
The motion failed on a 3 to 3 vote.
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03/06/01
Jose Aguila, architect for Robert G. Currie Partnership~ Inc, stated that all
thc development boards have reviewed this request. In every case, with thc exception of thc
Planning and Zoning Board and after some discussion they all voted to approve the request for
thc permanent closure of a portion of NE 1st Avenue right-of-way. Mr. Aguila stated thc
Planning and Zoning Board voted 3 to 3 because from his perspective they were not only
concerned with thc parking loss but also the road closure and why it was essential to the overall
plan. Two of thc dissenting votes wcrc not aware of the future master plan. Mr. Aguila stated he
was unsure whether or not to bring those plans to thc Planning and Zoning Board meeting.
However, Mr. Aguila stated he has thc plans in thc event the Commission would like to review
thc proposed phasing. In earlier discussion staff concluded that since it was not part of this first
phase request and asked that those master plans not be brought to the meeting. In retrospect, Mr.
Aguila feels this was a mistake and he is convinced that had those Board members had seen thc
overall picture they may have voted to recommend approval of the closure. The master plan for
the expansion of Old School Square is a result of a two-day Charrette, which will be attended by
numerous interested citizens, CRA members, Old School Square staff, City staff, and other
community leaders.
The master plan has been developed on the assumption that Old School Square
would expand east as the only logical way to expand. This e. xpansion is consistent with the
Comprehensive Plan and general desire to maintain Old School Square as the local cultural
center for Delray Beach.
Without the road closure, the bandshell/amphitheater will not be appropriate
where it is. Mr. Aguila explained that if the bandshell is relocated or reduced in size it would not
work as efficiently or effectively for a lot of technical reasons. A new proposal has been
suggested which would reduce the overall parking loss to only eight spaces instead of 24 spaces.
Mr. Aguila stated the road closure would still need to be granted for the bandshell.
Mr. Perlman inquired about the construction of the bandshell and asked when the
construction will begin? In response, Mr. Aguila stated that the construction would begin in
November 2001. Mr. Perlman asked the agent if they could wait until construction begins before
considering permanent closure of the street. Mr. Aguila stated that they could absolutely wait
until construction begins and noted that they never had any intentions of closing the street before
ihe start of the construction.
Mrs. 'Archer stated she admires the proposal to leave a section of the street open
for additional parking. However, with regard to the bandshell, Mrs. Archer asked Mr. Aguila if
that section of the street is going to be closed for staging when the bandshell is being used? Upon
question from Mrs. Archer, Mr. Aguila stated that this does not necessarily have to be the case.
Joe Gillie~ Director of Old School Square~ stated there is a loading dock already
in place behind the theatre and we proposed a loading dock that goes into the bandshell. He
stated it could get a little tricky if there is an activity going on inside the theatre. The only thing
that would be on the stage would be large equipment. Mr. Gillie stated they could load up to that
and the truck could be moved away at any time. Mrs. Archer asked if this is temporary until
such time that the parking facility be built? Mr. Gillie informed Mrs. Archer that this is the plan.
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03/06/01
Mr. Aguila stated that they anticipate at least three to four hundred spaces in this
parking garage. Mrs. Archer inquired about the proposed time frame for this project. Mr. Gillie
stated that this is an issue because they do not own the property that they are proposing to build
on so there is a lot of negotiations to be worked out. Mr. Gillie stated he realizes that parking is
at a premium because they experience parking problems every weekend for events held at Old
School Square. For example, with regard to the Citrix Tournament this weekend they are valet
parking the entire three performances for their patrons because there is no place for them to park.
Mr. Gillie emphasized that Old School Square is a cultural arts center but he would certainly
consider working together in a public/private partnership to make this happen. He stated that
two most important issues are the bathrooms and parking. After this first phase is completed,
Mr. Gillie stated the goal is to try and get a parking garage built within the next three years. Mr.
Gillie is hopeful that within a period of three years of completing this, they will be well on their
way to figuring out a solution to the parking situation and then at that point they can begin Phase
II.
Discussion by the Commission ensued.
Mrs. Archer expressed concern if Mr. Gillie has plans to proceed with completing
an entire development like this it may be wise to present the parking proposal to the builder. Mr.
Gillie explained that there would be a park area and the parking garage would be in Phase II of
the project. Phase III would be the museum building which Mr. Gillie anticipates to be
approximately five to ten years.
Ms. McCarthy inquired whether or not this would be a temporary street closure or
a permanent street closure. Mr. Aguila explained this is a permanent street closure because they
want to remove the asphalt and raise it to an open green area all the way to the East side of the
N.E. 1st Street.
Mr. Schwartz expressed concern regarding blocking the access to the Old School
Square Bread Factory parking lot. He stated that the diagram presented by Mr. Aguila is not
accurate. Mr. Schwartz stated he is very much in favor of the bandshell but has serious
trepidation about closing off N.E. 1 st Avenue except on the temporary basis for an event.
Mayor Schmidt stated he does not see this affecting traffic circulation as
proposed. He stated that he avoids N.E. 1 st Avenue because he finds it difficult to cross Atlantic
Avenue. In additibn, Mayor Schmidt commented about the new plan and feels that the
northernmost parking needs to be changed because the stripping is incorrect and suggested that
the agent re-look at the angle.
Mrs. Archer moved to approve the request of the street closure with the modified
plans, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor
Schmidt; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes.
Said motion passed with a 5 to 0 vote.
9.B. REQUEST TO ALLOW A TEMPORARY OFFICE FACILITY: Consider a
request from Lang Construction to allow a temporary modular building for use as a temporary
office facility at 3185 South Congress Avenue (former Florida Vehicle Inspection Building),
located on the east side of South Congress Avenue, north of L-38 Canal.
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03/06/01
Paul Dorling, Planning Director, stated the applicant is requesting the placement
of one 1,440 square foot temporary modular building on the property for use as an office for a
period of one (1) year while the proposed building improvements are being implemented. The
use of a temporary modular building will provide the facilities necessary in order to establish
business operations, as well as act as a construction office 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.
Mr. Dorling stated the recommendation is to approve the temporary use permit for
the placement of one modular building to allow a temporary office facility on the Lang
Construction and Maintenance property, based upon positive findings with respect to LDR
Section 2.4.7(B)(5), subject to the following conditions:
2.
3.
4.
That a site plan modification be processed and approval obtained from the Site Plan
Review and Appearance Board;
That the modular building not be installed until a building permit is issued for the
proposed building renovation;
That the modular unit be removed after a period of one (1) year from the time of
installation; and,
That the site is fully restored in compliance with the approved site plan and landscape
plans once the modular building is removed.
Mr. Schwartz moved to approve a Temporary Use Permit for the placement of
one modular buildi'ng to allow a temporary office facility on the Lang Construction and
Maintenance property, based upon positive findings with respect to LDR Section 2.4.7(B)(5),
subject to the conditions as listed on Page Two of the Planning and Zoning Staff Report,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Peflman -
Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
9.C. PARKING LOT NAMING: Consider approval of the proposed list of names for
City Parking Lots proposed by the Downtown Development Authority as part of the Phase II
Wayfinding (decorative) sign project.
Robert A. Barcinski, Assistant City Manager, stated this is being presented to the
Commission to consider approval of the proposed list of names for City Parking Lots being
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03/06/01
proposed by the Downtown Development Authority as part of the Phase II Wayfinding
(decorative) sign project.
In developing the final signage package for the Phase II Wayfinding/Directional
sign program, it was suggested that City parking lots be given formal names. The purpose of
naming the lots was (1) to provide standardization and (2) to help visitors find lot locations. It
was noted that except for most of the beach lots, different people referred to the lots by different
names.
The Downtown Development Authority had requested suggestions for names
from Delray Beach Historic Preservation Board. The Historic Preservation Board made
recommendations except for three of the lots. Mr. Barcinski referred to the memorandum dated
February 21, 2001, from Marjorie Ferrer, Executive Director of the Downtown Development
Authority, and explained that for the proposed parking lot name for #3 - Marriott North lot, is
"Beach". Originally the name "Orange Grove" was recommended. As for #9 - CRA lot
(Craige's), the recommendation was "Ocean City" and the change name is "Old School Square".
The recommendation for #11 - CRA lot (Dunkin Donuts) was "Farmer's Market" but is now
"Monterey House".
Staff is recommending consideration of approval of the recommended parking lot
names as presented by the Downtown Development Authority accepting the Historic
Preservation Boards recommendation for Lot's #3, #9, and 11.
Mr. Perlman moved to approve the proposed list of names for City Parking Lots
proposed by the Downtown Development Authority as part of the Phase II Wayfinding
(decorative) sign project with the name change for #3 (Marriott North parking lot) from "Beach"
to "Orange Grove", seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.D. SETTLEMENT OFFER/JENKINS v. CITY: Consider the acceptance of a
settlement offer in the Jenkins v. City, in the amount of $87,500.00.
The City Attorney stated the City is currently in litigation regarding the above
referenced case. Mr. Jenkins, through his attorney has offered to settle this case for $87,500.00,
inclusive of attorney's fees and costs. The City Attorney recommends the denial of this offer.
Mr. Schwartz moved to deny the settlement offer in Jenkins v. City, in the amount
of $87,500.00, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion to deny passed with a 5 to 0 vote.
9.E. APPOINTMENT TO DELRAY BEACH HOUSING AUTHORITY: Appoint
one (1) member to the Delray Beach Housing Authority for an unexpired term ending March 6,
2002. The appointment will be made by Commissioner Schwartz (Seat #3).
Mr. Schwartz moved to appoint Morris L. Weinman as a member to the Delray
Beach Housing Authority for an unexpired term ending March 6, 2002, seconded by Mrs.
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03/06/01
Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt
- Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5
to 0 vote.
9oF.
APPOINTMENTS TO THE DELRAY BEACH DOWNTOWN
DEVELOPMENT AUTHORITY: Appoint two (2) members to the Delray Beach Downtown
Development Authority for unexpired terms. The appointments will be made by Commission
Schwartz (Seat #3, term ending July 1, 2002) and Commissioner McCarthy (Seat #4, term
ending July 1, 2003).
Mr. Schwartz moved to appoint Louis J. Carbone as a member to the Delray
Beach Downtown Development Authority for an unexpired term ending July 1, 2002, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint George Maso as a member to the Delray Beach
Downtown Development Authority for an unexpired term ending July 1, 2003, seconded by Mr.
Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
9.G. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Consider approval of the Lien Review Advisory Committee's recommendations concerning
outstanding liens on various city properties.
Lula Butler, Director of Community Improvement, stated this item is before the
Commission to consider the acceptance of the recommendations by the Lien Review Advisory
Committee concerning the disposition of outstanding liens with the exception of one.
The Committee recommended that David Hargrove be allowed to satisfy
$7,875.00 in liens by paying $1,000.00 within seven days of receiving notice. Mr. Hargrove was
'.'incapacitated" because he was in prison. Therefore, the Code Enforcement Administrator
indicates that the City is out of pocket $3,301.02 for nuisance abatement and building demolition
on this property.
Ms. McCarthy moved to approve that Mr. Hargrove be responsible for paying
$3,301.02 to the City within a twelve month period, and other recommendations by the Lien
Review Advisory Committee as listed in the staff report, seconded by Mr. Schwartz. Upon roll
call the Commission voted as follows: Mrs. Archer- Yes; Mr. Schwartz - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 6:55 p.m., the Commission moved to Item 12, First
Readings portion of the agenda.
12_._:.
FIRST READINGS:
12.A.
ORDINANCE NO. 19-01: An ordinance amending the Future Land Use Map
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03/06/01
from County MR-5 (Medium Density Residential 5-12 du/ac) to City LD (Low Density
Residential 0-5 du/ac) and associated annexation with initial zoning of R-l-AAA for the Priest
Property, located at the northwest comer of Barwick Road and L-31 Canal. If passed, a quasi-
judicial hearing will be scheduled for March 20, 2001.
The City Manager presented Ordinance No. 19-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE
NORTHWEST CORNER OF BARWICK ROAD AND L-31
CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF LD (LOW DENSITY, 0-5
UNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE
MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO
R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19-01 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance.
Paul Dorling, Planning Director, stated the subject property is currently located in
unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning
.designation. The property is located within the City's Planning Area (Future Annexation Area)
and the owner is seeking voluntary annexation at this time. The 1.01-acre property contains an
existing 3,820 square foot two-story single family home and a detached 1,204 square foot
cottage. The applicant is seeking annexation into the City to obtain City water service.
The Planning and Zoning Board held a public hearing in conjunction with the
requests on February 26, 2001, and after reviewing the staff report and discussing the proposal,
the Board voted unanimously to recommend that the requests be approved, based upon positive
findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5) of the Land
Development Regulations, and policies of the Comprehensive Plan.
Mayor Schmidt stated if this item is passed, a quasi-judicial hearing will be held
on March 20, 2001.
Mr. Schwartz moved to approve Ordinance No. 19-01 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz -
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Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 18-01: A City initiated ordinance correcting Future Land
Use Map from MD (Medium Density Residential 5-1 du/ac) to GC (General Commercial) and
associated rezoning from RM (Medium Density Residential) to GC (General Commercial) for a
parcel of land located on the west side of NE 7th Avenue, approximately 90 feet north of George
Bush Boulevard. If passed, a quasi-judicial hearing will be scheduled for March 20, 2001.
The City Manager presented Ordinance No. 18-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM MD (MEDIUM
DENSITY RESIDENTIAL 5-12 UNITS/ACRE) TO GC
(GENERAL COMMERCIAL) DISTRICT, AND
REZONING AND PLACING LAND PRESENTLY ZONED
RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO
GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE WEST
SIDE OF N.E. 7TM AVENUE, APPROXIMATELY 120'
NORTH OF GEORGE BUSH BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 2000"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 18-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated the subject property is the south half of
Lot 12, Block 2, Sophia Frey Subdivision, which is zoned RM (Medium Density Residential).
The property is currently vacant, except for the encroachment of back-out parking and a
dumpster associated with the Sail Inn on the east 5' of the property. Mr. George Nagle, who
owns a portion of Lot 11 to the south is currently zoned GC (General Commercial). The balance
of the property, approximately 14.96' x 34.35', is owned by the Sail Inn, which also owns the
east 34.35' of Lot 11, zoned GC (General Commercial).
The Planning and Zoning Board held a public hearing in conjunction with the
request on February 26, 2001. Two residents to the north and east of the property on N.E. 7th
Avenue were concerned with future proposals to extend the commercial zoning north of the
subject property into the neighborhood. The residents were informed this is a corrective
rezoning for a 25' wide area and that any future requests for rezoning will require a public
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03/06/01
hearing and notification to all properties within a 500' radius of the property to be rezoned. The
Board then voted unanimously to recommend approval of the corrective FLUM amendment from
MD to GC and rezoning from RM to GC.
Mayor Schmidt announced that if this item is passed, a quasi-judicial hearing will
be held on March 20, 2001.
Mr. Perlman moved to approve Ordinance No. 18-01 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt- Yes; Mr. Perlman- Yes; Mrs. Archer- Yes; Mr. Schwartz - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the City Commission moved to Item ll.A., City Manager's
response to prior public comments and inquiries.
ll.A.,
City Manager's response to prior public comments and inquiries.
In response to Mr. Franciosa's prior recommendation to reduce the City's hiring
standards in the Police Department, the City Manager explained that in 1988-89 the City tried to
reduce the standards for the Police Department and all that resulted from this were numerous
lawsuits. He stated that other cities have experienced very similar problems and feels it would
be a serious mistake if the City of Delray were to lower its hiring standards in the Police
Department.
At this point, the time being 7:00 p.m., the City Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 16-01: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions", of the City Code to provide for the change in the
investment parameters for common or capital stock in the Police and Fire Pension Plan. 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. 16-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING 'PENSIONS' OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 33.66, "FINANCES
AND FUND MANAGEMENT," SECTION 33.66(E)(2)(b) TO
PROVIDE FOR A CHANGE IN THE INVESTMENT
PARAMETERS FOR COMMON OR CAPITAL STOCK;
PROVIDING FOR REBALANCING; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
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03/06/01
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 16-01 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.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission, the public hearing was closed.
Discussion by the Commission ensued.
Mr. Schwartz moved to adopt Ordinance No. 16-01 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 17-01 {FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations regarding parking requirements in
the CBD (Central Business District) zone district to accommodate required parking utilizing
valet or tandem parking and establishing design standards for valet and tandem parking
arrangements. If passed, a second public hearing will be scheduled for March 20, 2001. Prior to
consideration of passage of this ordinance on First Reading and First Public Hearing, a public
heating has been scheduled to be held at this time.
The City Manager presented Ordinance No. 17-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT, SUBSECTION 4.4.13(D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", TO PROVIDE
THAT REQUIRED PARKING FOR CERTAIN USES MAY
BE PROVIDED AS VALET PARKING, SUBJECT TO
CONDITIONS AND SUBJECT TO CONDITIONAL USE
APPROVAL; AMENDING SUBSECTION 4.4.13(G),
"SUPPLEMENTAL DISTRICT REGULATIONS",
AMENDING SECTION 4.6.9, "OFFSTREET PARKING
REGULATIONS", SUBSECTION 4.6.9(C)(2)(c),
"MULTIPLE FAMILY STRUCTURES", TO PROVIDE
THAT PARKING MAY BE PROVIDED IN FRONT OF
GARAGE UNITS WITHIN TOWNHOUSE AND
TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO
CONDITIONS; AMENDING SUBSECTION 4.6.9(F),
"SPECIAL PROVISIONS", BY ENACTING A NEW
SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN
STANDARDS AND REGULATIONS FOR VALET AND
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03/06/01
TANDEM PARKING ARRANGEMENTS; PROVIDING A
SAVING CLAUSE A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17-01 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.
In addition, the City Attorney noted that on page three of the ordinance them is a
change. She clarified that under Section 4.6.9(F)(3) Special Provisions regarding Valet Parking;
the language needs to be added to reflect the following:
"Valet Parking: A parking facility with a valet service or operator
which allows for attendants to receive, park and deliver the
automobiles of occupants, tenants, customers, invitees, and
visitors, including tandem parking and parking appliance system
(mechanical lift), may be utilized if allowed by Section
4.4.13(D)(16) and provided the following requirements are
complied with:"
Therefore, the City Attorney stated the words "in lieu of the requirements of this
Section" should be deleted. This will help to make it absolutely clear that tandem parking
applies only to those permitted areas and uses.
Paul Dorling, Planning Director, stated Ordinance No. 17-01 was before the
Commission on February 6, 2001, at which time the ordinance failed because the Commission
had concerns with tandem parking in multiple family developments as well as the noise that
would be generated by the parking appliance/lift systems. Staff visited a site in Miami, which
utilizes a parking appliance lift system, and video recorded the lifts in operation. At the City
Commission Workshop meeting of February 27th, the video was presented and revealed that the
taoise generated by the raising and lowering of the lifts is minimal and the noise generated by the
hydraulic motor was similar to that of an air conditioner compressor.
Based upon Commission's concerns, the attached ordinance has been modified to
eliminate the provision to allow tandem parking in multiple family developments and a provision
has been added which requires the lift motor to be encased by a sound proofing system, which
must include acoustical foam panels a minimum 4" thick. With regard to providing a roof over
the lift system area, it seems appropriate to address this on a case-by-case basis. The proposed
text requires a decorative wall to screen vehicles and mechanical equipment when a parking lift
system is used. When a parking appliance system facility abuts a residential development or
property zoned residential, a 10' landscape buffer shall be provided. Through the conditional use
process additional requirements may be imposed to ensure compatibility with adjacent properties
and a provision has been added to reinforce the requirement according to LDR Section 2.4.4(C).
Discussion by the Commission followed.
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03/06/01
Mr. Perlman suggested postponing consideration of this ordinance until the
Regular City Commission Meeting of May 1, 2001, after the Downtown Business Area Steering
Committee Charrette.
Mr. Schwartz concurred with Mr. Peflman and feels those residents and people
from around the community should be given the opportunity to give their input regarding this
ordinance.
Mayor Schmidt declared the public heating open.
John Bennett~ speaking on behalf of the Beach Property Owners' Association
(BPOA), expressed his support for continuing this ordinance to the Regular City Commission
Meeting of May 1, 2001.
Mr. Bennett made reference to Subparagraph 4.6.9(F)(3)(b) Special Provisions in
the ordinance where it states: "There is a parking professional available for the vehicle retrieval
during business hours." He stated this is not entirely clear and recommended that this be
clarified to be more specific. In addition, Mr. Bennett asked for clarification regarding
Subparagraph (F)(3)(d) of the ordinance.
As for the decorative walls, Mr. Bennett stated he is quite confident that the walls
will be decorative and is quite happy to see the sound proofing provisions are being added to the
ordinance. However, Mr. Bennett requested that during the conditional use process the
Commission mandate a check to the actual noise levels. The precedent to this would be the
Worthing Place garage survey mandated to see if the garage was actually going to be used by
people other than people who were using the retail or guest parking spaces.
There being no one else who wished to address the Commission, the public
hearing was closed.
Mr. Perlman moved to continue the public hearing of Ordinance No. 17-01 to the
May 1, 2001 Regular City Commission Meeting at 7:00 p.m., seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Schwartz
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
At this point, the City Commission moved to Item ll.B., Comments and
Inquiries on Non-Agenda Items from the Public.
ll.B.
From the Public.
ll.B.1. Ruth Silverman~ resident of Rainberry Lake and Secretary of the Rainberry
Lake Homeowners' Association, expressed concern regarding the cutting of 1900 healthy trees
in Delray and feels the Commission should take an active part in seeing that this not be allowed.
11.B.2. Henry. Williams~ 310 N.W. 3ra Avenue~ expressed concern over the citrus canker
and feels there is no mason that the healthy trees in his yard need to be cut down. He echoed
comments made by Ms. Silverman and concur that the City should take an active part in seeing
that the healthy trees in Delray are not cut down.
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03/06/01
11.B.3. Jack Haire~ resident of Fort Lauderdale, expressed concern over the cutting of
trees in the area and stated a total of 600,000 trees have been lost. He stated that perhaps the
Judge will have some input on this, but currently this is restricted to the Delray Shores area and
Rainberry area. He stated there are 760 trees in the 1900-foot radius and stated his wife wrote a
letter to the City regarding an article in the paper and within the article it stated that "the
homeowners noticed spots on the leaves of their trees". She noted in her letter to the City that if
this is such a devastating disease and spreads like wildflower as the Department of Agriculture
claims, then why are the trees next to the affected tree healthy as well as the surrounding 700
trees? Mrs. Haire also asked the City how they could let this happen and loose beautiful healthy
producing citrus trees. He asked for the City's legal support regarding this issue.
11.B.4. Kenneth Gra¥~ resident of Delra¥ Shores~ expressed concern over a notice he
received from the County that his tree needed to be cut down. He hired a professional to come to
his residence who found no evidence of citrus canker. Therefore, Mr. Gray stated since there
appears to be no problem with his tree, he does not want to see it cut down.
ll.B.5. Fred Love~ 315 N.W. 18th Street~ stated there is no doubt that the citrus industry
in the State of Florida are trying to protect the industry and are very vocal. Mr. Love stated there
is no reason why 1900 healthy trees should be cut down if citrus canker does not exist among
them. He urged the City to join together with other counties to assure that there is a uniform
policy to protect citizens in situations such as these.
ll.B.6. Bo.b Lindemuth, 2745 Azalea Court, expressed concern of the citrus canker
issue and stated that in the past when families had farms and there was a problem with the crops
things were just left because that was the cost of doing business. Mr. Lindermuth stated these
days huge corporations own these farms and all of sudden it is up to the taxpayers to support
their industry through tax dollars, the millions of dollars it is costing through the eradication
program, and through the loss of our own trees. He echoed Mr. Love's comments and reiterated
that this is just a way for big corporations to profit at the expense of the taxpayers and implored
the Commission to get a court ruling to stop these trees from being cut.
ll.B.7. Louis Thompson~ 2590 Dolphin Drive~ expressed concerns over the citrus
~anker issue and noted he has checked his trees and has found nothing wrong with them.
ll.B.8. .A. ]ice Finst~ 707 Place Tavant, stated that looking at the 1900-foot radius that
goes into Sudan subdivision and into Highpoint subdivision, there are an incredible number of
citrus trees within this small area. Ms. Finst commented about the five-day injunction to
temporarily delay this, but at this point she feels this issue involves more than just two
homeowners' associations and their private attorneys. She feels the City of Delray needs to take
a stand on behalf of the citizens because thousands of trees are in danger if this is not stopped.
Ms. Finst encouraged the Commission to act on this immediately by placing this issue either on
the next workshop agenda or by holding a special meeting so that a plan may be worked out.
11.B.9. John Bennett~ speaking on behalf of PROD~ expressed concern over the citrus
canker issue and understands that there may be some standing issues preventing direct action.
Mr. Bennett feels something needs to be done to get to the bottom of the truth because there are
-16-
03/06/01
so many incorrect rumors floating around. Mr. Bennett feels there may be a conflict of interest
and stated that perhaps the City could talk to the State.
With regard to the water surcharges, Mr. Bennett explained that someone he
knows is close to the 15 thousand gallon per month limit whereas a 30% surcharge kicks in per
City Ordinance. He stated this information was printed in the "News for Neighborhoods" flyer
which many people do not receive. Therefore, Mr. Bennett feels that since this issue of
conserving water is of such great importance, the public should be better informed and given
advanced notice whenever there is a substantial increase.
Mr. Bennett stated he felt the Annual Town Hall Meeting was poorly attended.
He feels that in the future the City may want to consider erecting signs in the medians to better
inform people of the annual meeting.
ll.B.10. Odessa McDonald, 556 Cortez Land~ expressed concern over the County
coming to her residence to survey the trees on her property. She stated a notice was left at her
doorstep stating that her trees do not have any sign of canker. Ms. McDonald is agreeable to the
fact that if canker is found in her trees then the trees should be cut. However, she stated if there
is no canker found in her trees then she does not want to see her trees cut.
ll.B.11. Marian Henderson, resident of Fort Lauderdale, discussed concerns regarding
the citrus canker and handed out material explaining the history of this issue. Ms. Henderson
urged the Commission to not allow the residents of Delray Beach to suffer the fate of so many
people in Dade and Broward County. Furthermore, she stated that Dr. Whiteside (Scientist) is
available as an expert witness if the City feels the need for his assistance.
ll.B.12. Cesar del Campo, resident of Pompano Beach~ respectfully suggested that the
Commission take the same course of action as they did in Broward County and that is to ask the
City Attorney to seek an injunction. He feels it is still early enough for the City of Delray to do
something in order to prevent the loss of more trees.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
i3.A. City Manager.
The City Manager had no comments or inquiries.
13.B. City Attorney.
Regarding the Citrus Canker issue and the City seeking an injunction, the City
Attorney stated the City has collected a lot of material with pleadings from various jurisdictions.
The City Attorney announced that the City of Pompano Beach alleged they had some citrus trees.
For standing purposes, the City Attorney stated there are other allegations standing that are in
conjunction with their claim that they have fruit trees themselves.
Mr. Perlman commented as to whether the City would have standing because of
the citrus trees in the City's right-of-ways.
-17-
03/06/01
Jay Jambeck, Assistant City Attorney and representing the City stated there are
different angles the City could take. However, there is an argument that the State could make as
well. Mr. Jambeck stated that at this point this is an open issue.
Looking at this issue from another viewpoint, Mr. Schwartz stated that if these
trees are cut down and this damages the esthetic values and practical values of our homeowners
it is going to effect the assessed value of these homes, and therefore, will affect the City directly
and the rest of the citizens of the City. Mr. Schwartz inquired as to whether or not the City could
make a case on this basis.
The City Attorney suggested to the Commission that staff could look this matter
further if they so desire.
Mayor Schmidt recommended that the Commission have a special meeting before
the workshop meeting next week.
" Ms. McCarthy announced that if residents are receiving green notices from the
County they should collect the notices and record the date they are received.
Mr. Perlman inquired about the five-day injunction period and whether or not that
means five business days or five calendar days. Mrs. Silverman stated that in court today the
Judge stated that because there was no instructions in Creole and the people in Delray Shores did
not understand English or Spanish, they had five days to get the information to them in Creole.
Mr. del Campo reiterated that the residents in the Delray Shores area have five calendar days to
appeal and after those five days the trees can be cut down.
Discussion by the Commission ensued.
It was the consensus of the Commission to hold a special meeting on Monday,
March 12, 2001 at 7:30 a.m. at City Hall regarding the Citrus Canker issue in Delray Beach.
!3.C.
Ci~ Commission.
i3.c.1.
Commissioner Perlman
Commissioner Perlman had no comments or inquiries.
13.C.2.
Commissioner Archer
Commissioner Archer had no comments or inquiries.
13.C.3.
Commissioner McCarthy
Commissioner McCarthy stated that the director of the Citrix Tournament
presented the City with two crystal bowls in appreciation for allowing them to hold the event in
Delray Beach.
-18-
03/06/01
13.C.4. Commissioner Schwartz
Commissioner Schwartz noted the vast importance of the Girl Scouts and Boy
Scouts organization in the United States and emphasized the significance of what these two
organizations do for our youth.
13.C.5. Mayor Sehmidt
Mayor Schmidt had no comments or inquiries.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:00 p.m.
ATTEST:
MAYOR
Acting City Clerk
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 6, 2001,
which,minutes were formally approved and adopted by the City Commission on
Acting 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.
-19-
03/06/01
WHEREAS, Monday, March 11, 2001, marks the 89th anniversary of Girl
Scouts of the USA, founded by Juliette Gordon Low in 1912 in Savannah, Georgia;
and
WHEREAS, throughout ks long and distinguished history, Girl Scouting has
inspired millions of girls and women with the highest ideals of character, conduct and
patriotism; and
WHEREAS, through Girl Scouting, girls grow strong, gain self-confidence
and skills for success, and learn their duty to the world around them; and
WHEREAS, Girls Scouting takes an active role in increasing the interest and
skill levels of today's youth in science and technology to fulfill our country's economic
needs; and
WHEREAS, more than 3.6 milh'on current Girls Scout members nationwide
will be celebrating 89 years of an American tradition, with 45 million women who are
former Girl Scouts who can be mentors to help today's girls succeed.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the
week of March 11-17 as
GIRL SCOUT WEEK.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of March,
2001.
DAVID W. SCHMIDT
MAYOR
Girl Scouts
G~rl Scouts of
Palm Glades Counc~},
www palmgladesg~rlscouts org
2728 Lake Worth Road
Lake Worth, FL 33461
(S61) 582-5362 · (800) 432-1453
Fax (561) 547-2~69
March 1, 2001
City Hall, Delray Beach
Mayor's Office
100 N.W. First Ave.
Delray Beach, FL 33444
Dear Mayor Sc,hmidt:
During Girl Scout Week, March 11-17, Gift Scouts from around the country will
celebrate the anniversary of the organization's founding 89 years ago. With the same
dedication that the twelve initial Girl Scout members had in 1912, local girls will
participate in activities that celebrate the fun and friendship that Girl Scouting provides.
The 3.6 million members in the organization today continue to move forward with the
founder's vision of helping girls everywhere grow strong.
The Gift Scouts of Palm Glades Council, Inc. is asking you to consider officially
proclaiming the week of March 11-17 as Girl Scout Week. 1 have attached a sample Gift
Scout Week Proclamation. If you have any questions, or plan to make the proclamation,
please call me at 561-582-5362. ext 19. Thank you for your time and consideration.
Sincerely,
Hiley Schulte
Communications Manager
Girl Scouts of Palm Glades Council, Inc.
A Umted Way
Agency
Where Girls Grow Strong.
Girl Scout Week Proclamation
WHEREAS, Monday March 11, 2001, marks the 89th anniversary of Gift Scouts of the
USA, founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and,
WHEREAS, throughout its long and distinguished history, Girl Scouting has inspired
millions of girls and women with the highest ideals of character, conduct and patriotism;
and,
WHEREAS, through Girl Scouting gifts grow strong, gain self-confidence and skills for
success, and learn their duty to the world around them; and,
WHEREAS, Girl Scouting takes an active role in increasing the interest and skill levels
of today's youth in science and technology to fulfill our country's economic needs; and,
WHEREAS, more than 3.6 million current Girl Scout members nationwide will be
celebrating 89 years of an American tradition, with 45 million women who are former
Girl Scouts who can be mentors to help today's girls succeed;
NOW, THEREFORE, I (name of mayor), by virtue of the authority vested in me as
mayor of (name of town), do hereby proclaim the week of March 11-17 as Girl Scout
Week.
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue. Suite 800, Ch,cago, Ill~no~s 60601
December 19, 2000 312/977-9700. Fax 312/977-4806
Mr. David T. Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida
33444
Dear Mr. Harden:
We are pleased to notify you that your comprehensive annual finan-
cial report for the fiscal year ended September 30, 1999 qualifies
for a Certificate of Achievement for Excellence in Financial
Reporting. The Certificate of Achievement is the highest form of
recognition in governmental accounting and financial reporting,
and its attainment represents a significant accomplishment by a
government and its management.
The Certificate of Achievement plaque will be shipped to:
Mr. Joseph M. Safford
Director of Finance
under separate cover in about eight weeks. We hope that you will
arrange for a formal presentation of the Certificate and Award of
Financial Reporting Achievement, and that appropriate publicity
will be given to this notable achievement. To assist with this,
enclosed are a sample news release and the Certificate Program
"Results" for reports with fiscal years ended during 1998 repre-
senting the most recent statistics available.
We hope that your example will encourage other government offi-
cials in their efforts to achieve and maintain an appropriate
standard of excellence in financial reporting.
Sincerely,
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Stephen J.
Director/Technica~ Services Center
SJG/ds
WASHINGTON OFFICE
1750 K Street, N W., Suite 650, Washington, DC 20006
202/429-2750 · Fax' 202/429-2755
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~t~ ' - REGULAR MEETING OF MARCH 6, 2001
JOINT PARTICIPATION AND PROIECT FUNDING AGREEMENT
WITH PALM BEACH COUNTY (LAKE IDA ROAD WIDENING
PROJECT)
MARCH 2, 2001
This is a proposed Joint Participation and Project Funding Agreement between the City and Palm
Beach County related to utility upgrades and relocation in connection with the Lake Ida Road
Widening Project between Congress Avenue and Military Trail.
The agreement provides for the construction of Lift Station #89, replacement and upgrade of the
force main on Lake Ida Road as well as other miscellaneous utility adjustments associated with the
roadway widening project.
The total amount of the agreement is $948,431.00 with funding available in the amount of
$219,051.50 from 442-5178-536-65.18 (Lake Ida Road Utility Relocations), $206,648.00 from 441-
5161-536-63.78 (Chatelaine Lift Station) and $522,732.00 from 441-5181-536-69.21 (Barwick/Lake
Ida Road Force Main).
Approval of the joint participation and project funding agreement is recommended.
Ref:Agmemol.JointParticipation-PBC-3-6-01
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, ~
Deputy Director of Pu~fli~ UtiIities
February28,2001
JOINT PARTICIPATION WITH PALM BEACH COUNTY
LAKE IDA ROAD WIDENING
UTILITY UPGRADES AND RELOCATION
PROJECT NO. 99-017 AND 99-019
Attached is an Agenda Request, location map and a copy of the proposed Joint Participation
Agreement between the City of Delray Beach and Palm Beach County for Utility upgrades and
relocation associated with the subject project. More specifically, this project includes the
construction of Lift Station 89, replacement and upgrade of the force main on Lake Ida Road as
well as other miscellaneous utility adjustments associated with the Roadway Widening Project. I
have reviewed the plans and concur with the County's quantities for utility adjustments. The total
amount of the agreement is $948,431.50 and funding is as follows:
1. 442-5178-536-65.18 Lake Ida Road Utility Relocations $219,051.50
2. 441-5161-536-6IJ.78 Chatelane Lift Station $206,648.00
3. 441-5181-536-69.21 Barwick/Lake Ida Road Force Main $522,732.00
TOTAL $948,431.50
(Budget Transfer attached)
Please place this item on the March 6, 2001 Agenda for consideration by City Commission.
CDB/pd
CC:
Richard Hasko, P.E., Director of Environmental Services
City Clerks Office (original copies)
\~ESSRV002~DEPARTMENTS~EngAdmtn\Projects\1999\99-017\OFFICIAL~Jo~nt Partmlpat~on doc
I~[I ~ CITY of DELRAY BEACH II
LAKE IDA ROAD
WIDENING PROJECT
1999-017
IIoc,,tion m...
"~GREEMENT BETWEE~q PALM BEACH COUNTY, FLORIDA
AND
THE CITY OF DELR~Y BEACH
FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF
LAKE IDA ROAD
MILITARY TRAIL TO CONGRESS AVENUE
PALM BEACH COUNTY, FLORIDA
PALM BEACH COUNTY PROJECT NO. 99502
THIS AGREEMENT, made and entered into this day
of 2001, by and between PALM BEACH COUNTY, a political
subdivision in the State of Florida, herein referred to as "COUNTY" and the CITY OF DELRAY
BEACH, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY ".
WlTNESSETH:
WHEREAS, the COUNTY intends to construct improvements to Lake lda Road from
Military Trail to Congress Avenue, hereinafter "PROJECT"; and
WHEREAS, the CITY desires to construct water distribution and sanitary utility
adjustments and other utility system improvements, hereinafter IMPROVEMENTS; and
WHEREAS, COUNTY and CITY desire to jointly participate in the construction of the
IMPROVEMENTS and the PROJECT in order to make the best use of COUNTY and CITY
resources and to minimize disruption to the traveling public; and
WHEREAS, Section 163.01, Florida Statutes, allows governmental units to make the
most efficient use of their powers by enabling them to cooperate with other localities on a basis
of n~utual advantage and thereby provide services and facilities that will harmonize geographic,
economic, population an6 other factors influencing the needs and development of local
communities; and
WHEREAS, both COUNTY and CITY declare that it is in the public interest that the
"IMPROVEMENTS" be constructed with the "PROJECT"; and
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, the Parties agree as follows:
A~REEMENT WITH THE CITY OF DE~.RAY BEACH
1. The purpose of this Agreement is to clarify the parties' roles and obligations
regarding procurement, construction and ~unding of CITY's IMPROVEMENTS to be
constructed in conjunction with the PROJECT.
2. The CITY agrees to fund and pay directly to the COUNTY costs attributable to
construction of the "IMPROVEMENTS" along the right-of-way of the PROJECT as outlined
and shown in the Bid Documents for Palm Beach County Project # 99502.
3. Said cost for the IMPROVEMENTS is (NINE HUNDRED FORTY EIGHT
THOUSAND FOUR HUNDRED THIRTY ONE DOLLARS AND FIFTY CENTS)
($ 948,431.50), in accordance with the attached bid tabulation (Attachment "A") and summary
of the IMPROVEMENTS (Attachment "B").
4. Costs shall be adjusted upon actual contract costs at completion of the project using
contract unit prices and actual constructed quantities. Said quantities being measured by the
Palm Beach County Engineering and Public Works Department in conjunction with the CITY's
Consulting Engineer.
5. The CITY agrees to remit payment as set forth in Paragraphs I through 3 above
within thirty (30) days of receiving written notice from the COUNTY that payment is required.
6. The COUNTY is to be responsible for administering the funds in accordance with
this Agreement.
7. The CITY is to be responsible for, and agrees to provide or cause to be
performed all inspection services during construction of the IMPROVEMENTS, including
certification of the IMPROVEMENTS.
8. The COUNTY shall obtain CITY approval for any change orders which increase
the cost attributable to the construction of IMPROVEMENTS in an amount greater than the
contract amount as stated in Paragraph 3 of this Agreement. The CITY shall notify COUNTY
of the its intent to approve or deny the change order within ten (10) working days of COUNTY's
notice to CITY of the necessity for a change order relating to the IMPROVEMENTS. The
CITY shall be responsible for any costs caused by the CITY's delays including but not limited
to PROJECT delays.
A~REEMENT WITH THE CITY OF DELRAY BEACH
9. In the event that additional IMPROVEMENTS and funding is required, for the
satisfactory completion of the IMPROVEMENTS, the additional cost attributable to the
construction of the IMPROVEMENTS, as outlined in the specifications for this project, is the
responsibility of the CITY. In the event of an under run attributable to said construction of the
IMPROVEMENTS, the CITY will be credited the excess amount.
10. The CITY shall indemnify, defend, and hold harmless the COUNTY against any
actions, claims, or damages arising out of CITY's negligence in connection with this Interlocal
Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a
waiver of sovereign immunity beyond the limits set forth in Section 768.25, Florida Statutes, nor
shall the same be construed to constitute agreement to indemnify the COUNTY for the
COUNTY's negligent acts or omissions.
11. The COUNTY shall indemnify, defend, and hold harmless the CITY against any
actions, claims, or damages arising out of COUNTY's negligence in connection with this
,. lnterlocal Agreement to the extent permitted by law. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida
Statutes, nor shall the same be construed to constitute agreement to indemnify the CITY for the
~ CITY's negligent acts or omissions.
,, 12. All provisions of this Agreement calling for the expenditure of ad valorem tax
~ money by either COUNTY or CITY are subject to annual budgetary funding and should either
Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement,
this Agreement may be terminated. However, once the construction of IMPROVEMENTS
commences this Agreement shall be binding upon the parties and shall no longer be contingent
upon the availability of funds for the proposed IMPROVEMENTS. The CITY shall not have
the right to terminate this Agreement for the reason that sufficient funds are not available for the
IMPROVEMENTS. Further, once the COUNTY commences construction of
IMPROVEMENTS, the IMPROVEMENTS shall be prosecuted to completion, unless the CITY
ii notifies the COUNTY in writing that further work on the IMPROVEMENTS shall cease. In that
event the CITY shall be for all incurred the IMPROVEMENTS.
responsible
costs
relating
to
il 13. Any and all notices required or permitted to be given hereunder shall be deemed
3
A~REEI~EI~T WITH THE CITY OF DELRAY BEACH
received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt
requested.
All notice to the CITY shall be sent to:
City of Delray Beach
Environmental Services Department
434 South Swinton Avenue
Delray Beach, Fl 33444
Attn: C. Danvers Beatty, P.E.
Deputy Director of Public Utilities
All notice to the COUNTY shall be sent to:
George T. Webb, P.E., County Engineer
Engineering and Public Works Department
P.O. Box 21229
West Palm Beach, FL 33416-1229
ATTN: Roadway Production
14. Any costs or expenses, including reasonable attorney's fees, associated with the
enforcement of the terms and conditions of this Agreement shall be borne by the respective
parties provided, however, that this clause pertains only to the parties to this Agreement.
15. Except as expressly permitted herein to the contrary, no modification, amendment
or alteration in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and equality of dignity herewith.
16. This Agreement shall be construed and governed by the laws of the State of
Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm
Beach County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereinafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party of any right, power or remedy
hereunder shall preclude any other or further exercise thereof.
17. The preparation of this Agreement is considered a joint effort of the parties and
the resulting document shall not solely as a matter of judicial constraint be construed more
severely against one of the parties than the other.
18. The COUNTY and the CITY agree that no person shall on the grounds of race,
color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be
excluded from the benefits of or be subjected to any form of discrimination under any activity
· ~ORN~ P/~'TH THN c'rTY OP D~I,P~Y
carried out by the performance of this Agreement.
19. In the event that any section, paragraph, sentence, clause or provision hereof is
held invalid by a court of competent jurisdiction, such holding shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
20. This Agreement represents the entire understanding between the parties and
supersedes all other negotiations, representations or agreements, either written or oral, relating to
this Agreement.
A~REEMENT WITH THE CITY OF DEnPAY BEACH
IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and
seals on the day and date first written above.
CITY OF DELRAY BEACH
PALM BEACH COUNTY, FLORIDA,
BY ITS
BOARD OF COUNTY COMMISSIONERS
By: By:
Chair
ATTEST:
ATTEST:
ALISON MAC GREGOR-HARTY
CITY CLERK
DOROTHY H. WILKEN
CLERK
By:. By:
(DATE)
Deputy Clerk
(DATE)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
City Attorney
By:
Assistant County Attorney
F \ROADWAYXAGRMTX99502DBU-J2F doc
ATTACHMENT "B"
PROJECT NAME: LAKE IDA RD., MILITARY TRAIL TO CONGRESS AVE.
PROJECT NUMBER: 99502 Sonic Engineering, Inc.
ITEM QUANTITY/UNITS UNIT PRICE AMOUNT
REGULAR ROADWAY PAY ITEMS
10 DOUBLE ROCK BASE (16") 100 SY $ 11.50 $ 1,150.00
17 PREMIUM FOR CONFLICT 43 EA $ 1,660.00 $ 71,380.00
CONDITION (SEE SP'S)
19 INLETS (CURB) (TYPEP-2) < 10' 1 EA $ 4,160.00 $ 4,160.00
25 INLETS (CURB) (TYPE J- 5) < 10' 1 EA $ 3,141.00 $ 3,141.00
28 MANHOLE (TYPE P- 7) < 10' 29 EA $ 1,325.00 $ 38,425.00
30 MANHOLE (TYPE J-7) < 10' 3 EA $ 2,335.00 $ 7,005.00
31 MANHOLE (TYPE J-7) > 10' 3 EA $ 2,700.00 $ 8,100.00
75
76
77
78
79
8O
82
83
84
REGULAR ROADWAY PAY ITEMS SUBTOTAL
CONTINGENCY PAY ITEMS
FLOWABLE FILL 10 CY
PREMIUM TO UPGRADE FROM 2 EA
"P" BOX TO "J" BOX (SEE SP'S)
ADJUST VALVE BOXES 10 EA
(INCLUDES CONCRETE COLLAR)
ADJUST AIR RELEASE VALVES 2 EA
ADJUST FIRE HYDRANT 10 EA
ADJUST MANHOLES 9 EA
SUPPORT AND PROTECT 100 LF
UTILITY & APP (6" WM)
SUPPORT AND PROTECT 100 LF
UTILITY & APP (8" WM)
SUPPORT AND PROTECT 100 LF
UTILITY & APP (12" WM)
$133,361.00
$ 230.00 $ 2,300.00
$ 200.00 $ 400.00
$ 300.00 $ 3,000.00
$ 300.00 $ 2,700.00
$ 8.50$ 850.00
$ 10.00 $ 1,000.00
$ 10.75 $ 1,075.00
$ 210.00 $ 2,100.00
$ 800.00 $ 1,600.00
ATTACHMENT "B"
PROJECT NAME: LAKE IDA RD., MILITARY TRAIL TO CONGRESS AVE.
PROJECT NUMBER: 99502 Sonic Engineering, Inc.
ITEM QUANTITY/UNITS UNIT PRICE AMOUNT
CONTINGENCY PAY ITEMS(continued)
85 SUPPORT AND PROTECT 100 LF $ 8.50 $ 850.00
UTILITY & APP (4" FM)
86 SUPPORT AND PROTECT 100 LF $ 8.50 $ 850.00
UTILITY & APP (6" FM)
87 SUPPORT AND PROTECT 100 LF $ 10.00$ 1,000.00
UTILITY & APP (8" FM)
88 SUPPORT AND PROTECT 100 LF $ 11.00$ 1,100.00
UTILITY & APP (10" FM)
89 SUPPORT AND PROTECT 100LF $ 11.50$ 1,150.00
UTILITY & APP (12" FM)
90 SUPPORT AND PROTECT 100 LF $ 15.75$ 1,575.00
UTILITY & APP (18" FM) ~ .....
CONTINGENCY PAY ITEMS SUBTOTAL $ 21,550.00
UTILITY PAY ITEMS (CITY OF DELRAY BEACH)
103 8" DIP WATERMAIN 20 LF $ 113.00 $ 2,260.00
104 12" DIP WATERMAIN 120 LF $ 45.00$ 5,400.00
105 12" DIP WATERMAIN 150 LF $ 74.00$ 11,100.00
ON BRIDGE
106 16" DIP WATERMAIN 1,000 LF $ 64.00$ 64,000.00
107 4" GATE VALVE 1 EA $ 440.00 $ 440.00
108 6" GATE VALVE 1 EA $ 515.00 $ 515.00
109 8" GATE VALVE 4 EA $ 720.00 $ 2,880.00
110 12" BUTTERFLY VALVE 7 EA $ 1,080.00 $ 7,560.00
111 16" BUTTERFLY VALVE 1 EA $ 2,275.00 $ 2,275.00
2
ATTACHMENT "B"
PROJECT NAME: LAKE IDA RD., MILITARY TRAIL TO CONGRESS AVE.
PROJECT NUMBER: 99502 Sonic Engineering, Inc.
ITEM QUANTITY/UNITS UNIT PRICE AMOUNT
UTILITY PAY ITEMS (CITY OF DELRAY BEACH) (continued)
112 AUTOMATIC AIR RELEASE
VALVE
113 4" LINE STOP
114 8" LINE STOP
115 12" LINE STOP
116 REMOVE & RELOCATE
EXISTING FIRE HYDRANT
117 REMOVE EXISTING FIRE
HYDRANT
118 6" x 6" T.S. & VALVE
119 8" x 6" T.S. & VALVE -
120 12" x 6" T.S. & VALVE
121 12" x 8" T.S. & VALVE
122 12" x 12" T.S. & VALVE
123 FILL & FLUSH ASSEMBLY
124 SAMPLE POINT
125 1" IRRIGATION WATER
SERVICE
126 1-1/2" IRRIGATION WATER
SERVICE
127 SINGLE WATER SERVICE
128 DOUBLE WATER SERVICE
129 ADJUST VALVE VAULT TO
GRADE
lEA $ 3,200.00 $ 3,200.00
lEA $ 2,700.00 $ 2,700.00
5EA $ 3,450.00 $ i7,250.00
3EA $ 5,000.00 $ 15,000.00
13 EA $ 1,200.00 $ 15,600.00
1 EA $ 525.00 $ 525.00
lEA $ 2,150.00 $ 2,150.00
4EA $ 2,220.00 $ 8,880.00
6EA $ 3,175.00 $ 19,050.00
4EA $ 3,475.00 $ 13,900.00
lEA $ 4,750.00 $ 4,750.00
2 EA $ 455.00 $ 910.00
6EA $ 235.00 $ 1,410.00
5EA $ 710.00 $ 3,550.00
7EA $ 1,031.00 $ 7,217.00
9EA $ 711.00 $ 6,399.00
9EA $ 935.00 $ 8,415.00
3 EA $ 263.00 $ 789.00
ATTACHMENT "B"
PROJECT NAME: LAKE IDA RD., MILITARY TRAIL TO CONGRESS AVE.
PROJECT NUMBER: 99502 Sonic Engineering, Inc.
ITEM QUANTITY/UNITS UNIT PRICE AMOUNT
UTILITY PAY ITEMS (CITY OF DELRAY BEACH) (continued)
130 8" DIP FORCE MAIN 225 LF $ 47.50
131 12" DIP FORCE MAIN 1,500 LF $ 48.50
132 16" DIP FORCE MAIN 2,500 LF $ 68.00
133 6" PLUG VALVE 1 EA $ 920.00
134 8" PLUG VALVE 2 EA $ 1,260.00
135 12" PLUG VALVE 1 EA $ 2,250.00
136 TOTAL PIPE REMOVAL 16,000 LF $ 6.00
137 10" DIP GRAVITY SEWER 50 LF $ 80.00
138
139
140
141
142
143
MAIN (12'- 14' cut)
CORE AND CONNECT '~O
EXISTING MANHOLE (12'-14' cut)
FILL & ABANDON EXISTING
MANHOLE
PLUG MANHOLE INVERT
GROUT 24" GRAVITY
SEWER
LIFT STATION #89 COMPLETE
UTILITY ALLOWANCE
$ 10,687.50
$ 72,750.00
$170,000.00
$ 920.00
$ 2,520.00
$ 2,250.00
$ 96,000.00
$ 4,000.0O
1 EA $ 1,720.00 $ 1,720.00
2 EA $ 265.00 $ 530.00
3 EA $ 131.00 $ 393.00
1,750LF $ 13.50 $ 23,625.00
1 LS $130,000.00 $130,000.00
1 LS $ 50,000.00 $ 50,000.00
TOTAL UTILITY PAY ITEMS (CITY OF DELRAY BEACH)
$ 793,520.50
GRAND TOTAL $ 948,431.50
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AGENDA REQUEST
NO,
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Agenda Item
Date: February_ 28, 2001
When: March 6, 2001
Description of item (who, what, where, how much): Staff requests Commission approval of a Joint
Participation between the Ci_ty of Delray Beach and Palm Beach County for Utili _ty upgrades and relocation
in connection with the Lake Ida Road Widening. The total amount of the Agreement is $948,431.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the Agreement.
Department head signature: _~~C~~ '2-20c~-o~,~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
dget Director Review (re~red on all items involving expenditure of funds):
Funding available:[yESJNO
Funding alternativeg''-~
Account No. & Description
Account Balance
,nager Review: ~
\pproved for agenda:
~ld Until:
~rdinator Review:
'ived:
~1 on Agenda:
(if applicable)
vroved
~EngAdmlnLProjects\ 1999\99-017\OFFICIALUo~nt Participation-Agenda doc ~ ' d'
CITY OF DELRRY BErlI:H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Lme: 561/243-7091
Ali. America City
1993
DATE:
TO:
FROM:
February 26, 2001
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT:
Amendment to the Agreement Between
the City and Palm Beach Laundry & Linen Service
The City entered into an Agreement with Palm Beach Laundry & Linen Service on
September 19, 2000, regarding the providing of linen service to the Delray Beach
Municipal Golf Course restaurant. As a result of a merger of two linen companies, Palm
Beach Laundry & Linen Service is requesting that the City transfer the contract from
Palm Beach Laundry & Linen Service to Linens of the Week. In accordance with
Paragraph 7 of the Agreement between the City and Palm Beach Laundry & Linen
Service, Palm Beach Laundry & Linen Service must first obtain the consent of the City
before the transfer may take place.
By copy of this memorandum to the City Manager, our office requests that this
amendment to the Agreement be placed on the March 6, 2001 City Commission agenda
for approval. Please call if you have any questions.
CC:
David T. Harden, City Manager
Barbara Garito, Deputy City Clerk
Jackie Rooney, Purchasing Supervisor
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND
PALM BEACH LAUDRY & LINEN SERVICE DATED SEPTEMBER 19, 2000
THIS AMENDMENT NO. 1
made this ~ day of
to the Agreement dated September 19, 2000 is
, 2001, by and between the CITY OF
DELRAY BEACH ("City") and PALM BEACH LAUNDRY & LINEN SERVICE
("Contractor").
WITNESSETH:
WHEREAS, the parties entered into an Agreement dated September 19, 2000, to
provide that the Contractor shall provide linen service to the Delray Beach Municipal
Golf Course Restaurant; and
WHEREAS, the parties desire to amend the Agreement to provide for the
transfer of the Agreement from Palm Beach Laundry & Linen Service to Linens of the
Week.
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. The Agreement dated September 19, 2001, is hereby amended to provide
that this Agreement shall be transferred to Linens of the Week.
3. Linens of the Week shall submit to the City within thirty (30) days of the
execution of this Amendment certificates of insurance, as required by the contract, in the
name of Linens of the Week.
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 to the
Agreement on the day and year first hereinabove written.
ATTEST:
By:
City Clerk
Approved as to legal form
and sufficiency:
By:.
City Attorney
WITNESSES:
(Name printed or typed)
(Name primed or typed)
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
PALM BEACH LAUNDRY & LINEN
SERVICE
By:
., President
(Corporate Seal)
STATE OF
COUNTY OF
The foregoing insmmaent was acknowledged before me this ~ day of
200.__, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
corporation.
He/She
is personally known to me or has
(type of identification) as identification.
produced
Signature of Person Taking Acknowledgmem
Name Typed, Printed or Stamped
~ClTY COMMissIoN DOCUME~ATI(~N
TO:
THRU:
FROM:
SUBJECT:
DAVID 7~HARDEN, Cl/TY MANAGER
MEETING OF MARCH 6, 2001 ** CONSENT AGENDA **
INTIATION OF COMPREHENSIVE PLAN AMENDMENT 2001-1
The action requested of the City Commission is initiation of Comprehensive Plan
Amendment 2001-1. Pursuant to LDR Section 9.2.1, amendments to the Plan must be
formally initiated by the City Commission.
The City is allowed to enact two amendments to its Comprehensive Plan each year.
This will be the first amendment for the year 2001. This amendment generally focuses
on updating maps and tables, updating the Public Facilities Element, updating of Goal
Area "D" of the Future Land Use Element, clarification of a land use description, and
one (1) Future Land Use Map amendment. The items suggested for inclusion in the
Plan Amendment are listed below:
· General update of Goal Area "D" of the Future Land Use Element, relating to
Schools;
· Modification of the definition of Community Facilities Land Use description, in the
Future Land Use Element;
· General update of the Public Facilities Element;
Privately initiated Future Land Use Map amendment for the Temple Sinai-North
parcel (approximately 3.80 acres), from CF (Community Facilities) to MD (Medium
Density, 5-12 du/acre);
· General update of Comprehensive Plan Map Series to reflect current City
boundaries;
City Commission Documentation
Initiation of Plan Amendment 2001-1
Page ;Z
Modification of Housing Element Map #3, Table HO-20, Future Land Use Element
Map #3 and Table L-5, relating to potential residential units to be built on vacant land
within the City.
The tentative schedule for processing Plan Amendment 01-1 is as follows:
March 6, 2001 Initiation by City Commission
March 19, 2001 Planning and Zoning Board Hearing/
Apdl 3, 2001 City Commission Transmittal Public Hearing/
May 22, 2001 Receipt of ORC Report
June 18, 2001 P&Z Adoption Hearing
July' 3, 2001 Cit~/ Commission adoption
August 28, 2001 Effective date
The Planning and Zoning Board considered the initiation request at their meeting of
February 26, 2001. There was no discussion by the public and the Board unanimously
recommended approval on a 7-0 vote.
By motion, approve the initiation of Comprehensive Plan Amendment 2001-1,
containing the material stated in this staff report.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER fi'fl4
AGENDA ITEM ~ - REGULAR MEETING Of MARCH 6, 2001
REQUEST FOR SIDEWAI K WAIVER/S.E. 10TM STREET
MARCH 2, 2001
We received a request from Millennium Builders, Inc. to waive the requirements of LDR Section
6.1. 3 (D) (1) (b) to install sidewalks in front of three (3) single family residential lots along SE 10th Street,
(house numbers 715, 713, and 709) within Rio Del Ray Shores Subdivision. The waiver is sought due
to limited existing fights-of-way.
The City recently reconstructed SE l0Th Street from SE 7~h Avenue east to the end of the cul-de-sac.
The existing rights-of-way are only 25 feet wide and the new street was constructed to save as much
existing landscaping as possible. The existing rights-of-way also only allowed for the construction of
half of the typical cul-de-sac. As a result the new edge of pavement is only 5 feet from the existing
rights-of-way. If the developer were required to install a sidewalk, the edge of the sidewalk would
abut the edge of pavement. This would not leave any room to develop a swale.
Recommend approval of the sidewalk waiver request.
Ref:Agrnemo22.SidewalkWaiver Request.3-6-01
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
Randal L. Krejcarek, P.E.
2-Mar-01
Sidewalk Waiver Request
SE 10th Street & SE 9t' Street
The attached agenda item is a request for a waiver of sidewalk installation in front of
715, 713 and 709 SE 10th Street. These three lots are single family residential lots
located just east of SE 7th Avenue, in Rio Del Ray Shores Subdivision.
The City recently reconstructed SE 10th Street from SE 7th Avenue east to the end of the
cul-de-sac. The existing rights-of-way are only 25 feet and the new street was
constructed to save as much existing landscaping as possible. The existing rights-of-
way also only allowed for the construction of half of the typical cul-de-sac. As a result
the new edge of pavement is only 5 feet from the existing rights-of-way. If the
developer were required to install a sidewalk, the edge of the sidewalk would abut the
edge of pavement. This would not leave any room to develop a swale.
Therefore, I am supporting the developer's request to have the sidewalks along SE 10th
Street waived as allowed per Section 6.1.3(D)(1)(b) of the Land Development
Regulations.
Thanks.
CC
Richard Hasko, P.E.
file
S:tEngAdminV_ettersV~Ll~SIDEWALKtselOst waiver agenda memo 01mar01 doc
...... ~ .............. ~~ ....................... . ', ~ ~ ~ ./
ST. ,, ',m,
........ ~', ........... ..... ~i ~' ' ~i ,~ S.E. 9TH~,ST, .~'
.... %~ ........... ~ ........................... ;
"
, i / -
" f' ~ ~ I xx I
/ / ' , , ................ ,,
C~ of DELRAY BEACH SIDEWALK WAIVER DA~:3/2/01
E~~~ ~P~ ~ 709, 713, 715 SW-W,~R8X,
~~A~~~~~ S.E. 10~ S~EET 2001-20(
Agenda Item No. ~
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda
AGENDA REQUEST
Date: 02 March 2001
VVhen: 06 March 2001
Description of item (who, what, where, how much): Approval to grant sidewalk waiver for three (3)
single family residential lots ( house #'s 715, 713 and 709) on SE 10~ Street, east of SE 7~
Avenue, per Section 6.1.3(D)(1)(b) of the Land Development Regulations. Waiver is sought due
to limited existing rights-of-way.
ORDINANCE/RESOLUTION REQUIRED. YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recomm,enc~s approval of waiver..~
Department head signature: _ 3 - z-o !
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO NA
Funding alternatives Not applicable
Account No. & Description Not applicable
Account Balance Not applicable
(if applicable)
City Manager Review:
Approved for agenda: '~/NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:~EngAdminV_etters~C~LK~SIDEWALl~se l Ost waiver agenda 01marOl.doc
MEMORANDUM
TO:
FROM:
DATE:
David T. Harden, City Manager
be~ A. Barcinski, Assistant City Manager
February 28, 2001
SUBJECT: Agenda Item Citv Commission Meeting March 67 2001
Bid Award Sod Replacement
Action
City Commission is requested to approve a bid award to Odum Sod, Inc. in the amount of
$17,600.00 at Old School Square under Palm Beach County Contract bid number 99-186.
Funding is available in account code 334-6112-519-46.q0.
Back~round
Due to the increased number of events held at Old School Square during the month of
November and December and the dry weather, more sod was required to be replaced at
Old School Square than was originally anticipated. Due to the Garlic Fest Construction
on the Christmas Tree started two (2) weeks earlier putting additional stress on the grass.
We originally estimated that the total costs would be under $15,000.00. However, the
final costs due to increased square footage replaced exceeded the City Managers approval
authority. The sod has already been replaced.
Recommendation
City Commission is requested to approve bid award to Odum Sod, Inc. in the amount of
$17,600.00 under the Palm Beach County bid number 99-186 with funding to come from
account # 334-6112-519-46.q 0.
RAB.'jaf
file'u/fischer/agenda3 6 doc
TO:
Robert A. Barcinski, Assistant City Msnsger
~OM:
Tim Simmons, Superintendent of Park Maintenance
DATE: 2/27/01
SUBJECT: TURF REPLACEMENT AT OLD SCHOOL SQUARE
The reason for the increase in sod replacement is due to the fact that since the Garlic Fest the water has
been turned off in the area where the X-Mas tree was built.
And due to all the activities the Old School Square had scheduled on the turf area just north of the X-Mas
tree, attached is a list of events that happened at this site.
During all these events the water was requested to be turned off, and the high volume of traffic on the tuff
damaged the turf to the point it needed to be replaced.
ff you have any more question please contact me at 243-7260
CC.' Joe Weldon, Director of Parks and Recreation
Feb 2? 01 09:31a
Old School Square
SG1-243-?018
C U L · U !1. & ~
A I~T$ CENTER.
FAX MEMORANDUM
Date: February 27, 2001
To: Tim Simmons
Parks & Recreation
Fax #: 243-7269
From: Peggy Murphy
Fax #: 243-7~
Re: Events on Orotmds - Old School Square 11/1-12/31/2000
10/I 1-11/26 - construction of 100' tree
11/2-3 - set up for Garlic Fest
11/4-5 - Garlic Fest
11/11 - South Florida Jaguar Club car show
11/11 - Cowboy Ball (tent erected 11/9)
11/27 - 100' tree lighting
11/27-I/1 - 100' tree open to public
12/9 - Kids' Day at Tree
12/9 - Franco wedding (tent erected 12/7)
12/27-12/31 - First Night set up
12/31 - First Night
p.1
Hope this helps. If you need any additional infomaation, please let me know.
Old School Square, Inc.
51 North Swlnton Ave.
Delray Beach, Florida 33444
Phone (561) 243-7922
Fax (561) 243-701B
· ODUMS SOD, INC.
,,,~--,,.'"P.o. BOX 865
LOXAHATCHEE, FL 33470
Invoice 342
Invoiq,e Date 01/16/01
Bill To:
CITY OF DELRAY BEACH
100 N.W 1 ST AVE
DELRAY BEACH, FL 33444
Ship To:
CITY OF DELRAY BEACH
100 N.W 1 ST AVE
DELRAY BEACH, FL 33444
CITy
CustomerClTYDE I Ship Via ] F.O.B. Terms
Purchase Order Number Salesperson Order D~te J Our Order Number
I
01/16/01
Quantity Shipped Item Number I Unit of Measure Unit Price
Quantity
Ordered
Extended
Price
Back Ordered Item Description Discount %1 Tax
55000.000 55000.000 FLORATAM 0.3200 17600.00
0.000 01/16/01 - TKT#21236 N
01/26/01 ADMN: TKT#21236 - 55000 SQ FT OF FLORATAM SOD RIPOUT
AND REPLACE
RECE v .D
JAN 3 0 2001
Nontaxable Subtotal 17600.00
Taxable Subtotal 0.00
Tax 0.00
Total Invoice 17600-.00
Duplicate Page _1 -
AGENDA REQUEST
Request to be placed on:
x Regular Agenda Special Agenda
V~hen: March 6, 2001
"Agenda Item No: ~ F
Workshop Agenda
Description of agenda item (who, what, where, how much): City Commission is requested
to approve a bid award to 0dum Sod, Inc. in the amount b~"~$17,600.00 at
Old School under Palm Beach County Contract bid number 99-186. Funding is
available code 334-6112-519-46,q0.
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):
Funding Availabl 0
Funding alternatives:
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda'S/NO
Hold until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Kenneth L. Thomas, Community Development Administrator
Lula Butler, Community Improvement Director ~
February 28, 2001
Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to two (2) eligible applicants
under the Delray Beach Renaissance Program. The subsidy represents the 118~ homeownership
assistance grant provided under the city Renaissance Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporation, the TED Center, the Community Redevelopment Agency, the
Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition rehab beginning October I, 1995 through
September 30, 1998. An agreement to extend the program for one additional year was approved
by all partners and the City Commission. On June 15, 1999, the City Commission approved a
new Memorandum of Understanding operating the Renaissance Program from March 1999 to
February 2001.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage
lender. The seminar includes training and information on financial planning, credit and
borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period according to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less
than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years.
RECOMMENDATIONS
Staff is recommending City Commission approval to fund a subsidy for two (2) eligible
applicants of the following property: (New Construction) XXX SW 6t~ Avenue - $20,000.00
Lot 10, Block 16, ROSEMONT PARK
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 68.02
NAME Ismene Charles & Maxi Marc
PROPERTY ADDRESS xxx SW 6t~ Avenue, Delray Beach
LEGAL DESCRPTION , ,Lot 10, Block 16, ROSEMONT PARK, PB 1, PG 3
% OF AREA MEDIAN HOUSEHOLD INCOME 57%
FIRST MORTGAGE
RATE 6.50 %
LTV 84.60 %
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF EXISTING UNIT
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $17,000.00
Developer's Fee $ 3,000.00
$94,513.00
$9,500.00
N/A
$ 727.00
$ 4,404.00
$109~144.00
$ 88,000.00
$17,000.00
THIRD MORTGAGE
OTHER CREDITS
$ 1,000.00
NO. IN HOUSEHOLD
(including rehabilitation costs)
Communi[y Financing Consortium
City of Delray Beach SHIP
Lot Deposit
Estimated Cash To/From Borrower $ 3,144.00 (Lender 1003)
ATLANTIC
SW.
I
I
SW
i W 3RD CT.
S W. 4TH ST.
1ST
II
2ND
3RD
AVENUE
POLICE
COMPLEX
ST.
ST
COMMUNITY
CENTER
TENNIS
S TA DIUM
SOUTH
COUNTY
COURT
HOUSE
MERRI TT
PARK
N
CiTY OF DELRAY BEACH. FL
PLANNING a,. ZONING DEPARTMENT
LOT 10, BLOCK 16, TOWN OF LINTON (NOW DELRAY)
--- o/~,/rA/, t~l.Rg' MAP SY~E'M -- MAP REF LM443
Agenda Item No.: ~
AGENDA REQUEST
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda
xxxxx Consent Agenda
Date: February 28, 2001
When: March 6, 2001
Description of item:
Authorization and approval to issue a subsidy to two (2) eligible applicants under the
Delray Beach Renaissance Program totaling $20,000.00.
Note: Ismene Charles and Maxi Marc ($20,000) represents the 118th homeownership
assistance grant provided under the Renaissance Program to date.
Recommendation:
Staff recommends approval of one (1) subsidy award. Funds are to be awarded from the
State Housing Initiatives Partnership (SHIP) Program.
SHIP Total: $20,000.00 Account Numbe.rsM4~-1924-554.83-01
Department Head Signature:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~O61'1~
Funding Alternatives:
Account No. & Description: I t~-[ ~q~
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Kenneth L. Thomas, Community Development Administrator ~,-~~
Lula Butler, Community Improvement Director ~
February 28, 2001
Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to one (1) eligible applicant
under the Delray Beach Renaissance Program. The subsidy represents the 119t~ homeownership
assistance grant provided under the city Renaissance Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporation, the TED Center, the Community Redevelopment Agency, the
Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition rehab beginning October 1, 1995 through
September 30, 1998. An agreement to extend the program for one additional year was approved
by all partners and the City Commission. On June 15, 1999, the City Commission approved a
new Memorandum of Understanding operating the Renaissance Program from March 1999 to
February 2001.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage
lender. The seminar includes training and information on financial planning, credit and
borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period according to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less
than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years.
RECOMMENDATIONS
Staff is recommending City Commission approval to fund a subsidy for one (1) eligible
applicant of the following property: (New Constmction) XXX SW 8~ Avenue- $19,000.00
Lot 12, Block B, RIDGEWOOD HEIGHTS
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 68.02
NAME Paula L. Walcott
PROPERTY ADDRESS xxx SW 8th Avenue, Delray Beach
LEGAL DESCRPTION Lot 12, Block B, RIDGEWOOD HEIGHTS, PB 14, PG 44
% OF AREA MEDIAN HOUSEHOLD INCOME 60%
FIRST MORTGAGE
RATE 7.75 %
LTV 88.00 %
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF EXISTING UNIT
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $16,000.00
Developer's Fee $ 3,000.00
$77,600.00
$14,000.00
N/A
$1,510.52
$ 3,809.00
$96~919.52
$ 78,000.00
$16,000.00
THIRD MORTGAGE
OTHER CREDITS
$ 305.00
NO. IN HOUSEHOLD 3
(including rehabilitation costs)
Community Financing Consortium
Ci_ty of Delray Beach SHIP
Credit Report/Appr/Cour
Estimated Cash To/From Borrower $ 2,614.52 (Lender 1003)
ICARVER ESTATES
S.W. 7TH CT.
S.W 8TH ST.
S.W,
DELRA Y BEACH
MEMORIAL
GARDENS
L
SW
S.W 9TH
SW 9TH
lOTH
11TH ST
PINE GROVE
EL EMEN TAR Y
SCHOOL
FALL RIDGE
OF DELRA Y
El I
STREET
It
11
STERLING
THE
GROVES
AVENUE
SOU THRIDGE
BESSIE ST
GULF
ELLA
ST.
LIN TON
RIDGE
CONDO
N
OTY OF DELRAY BEACH. FL
PLANNING a,. ZONING DEPARTMENT
LOT 12, BLOCK B, RIDGEWOOD HEIGHTS
-- Z)/~I~A~ ~ ~ SYSTEM -- MAP REF LM4.43
Agenda Item No.:
AGENDA REQUEST
Request to be placed on:
~ Regular Agenda
Special Agenda
__ Workshop Agenda
xxxxx Consent Agenda
Date: February 28, 2001
When: March 6, 2001
Description of item:
Authorization and approval to issue a subsidy to one (1) eligible applicant under the
Delray Beach Renaissance Program totaling $19,000.00.
Note: Paula Walcott ($19,000) represents the 119th homeownership assistance grant
provided under the Renaissance Program to date.
Recommendation:
Staff recommends approval of one (1) subsidy award.
State Housing Initiatives Partnership (SHIP) Program.
Funds are to be awarded from the
SHIP Total: $19,000.00 Account Number: 118-1924-554.83-01
Department Head Signature: ~~-~-~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~._~/NO ~l~
Funding Alternatives: .(if appl!cable)
Account No. & Description: ~.~-\%%tl ssq -~.0~ 6~:~- ~)~t/c
Account Balance: ~ qT.. ,30g,f0
City Manager
Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
TO:
THRU:
FROM:
SUBJECT:
DAVII~T. HARDEN, CITY MANAGER
zo.,.o
MiF~L[~,~~ NER
MEETING OF MARCH 6, 2001 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 20, 2001
THRU MARCH 2, 2001
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of February 20, 2001 through
March 2, 2001.
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.
No appealable items were considered by the Board. The following items which were
considered by the Board, will be forwarded to the City Commission for action.
Recommended denial (motion to approve failed on a 3 to 3 vote, Sowards
abstained) the permanent street closure for a portion of NE 1st Avenue adjacent to
Old School Square.
Recommended approval (7 to 0), of a corrective City initiated Future Land Use
Map amendment from MD (Medium Density Residential 5-12 du/ac) to GC
(General Commercial) and associated rezoning from RM (Medium Density
City Commission Documentation
Appealable Items Meeting of March 6, 2001
Page 2
Residential) to GC (General Commercial) for a parcel of land located on the west
side of NE 7th Avenue, approximately 90 feet north of George Bush Boulevard.
Recommended approval (7 to 0), of a Future Land Use Map amendment from
County MR-5 (Medium Density Residential 5 du/ac) to City LD (Low Density
Residential 0-5 du/ac) and associated annexation with initial zoning of R-l-AAA for
the Priest Property, located at the northwest corner of Barwick Road and the L-31
Canal.
Recommended approval (7 to 0), of the initiation of Comprehensive Plan
Amendment 2001-01.
A. Approved (4 to 0, Sneiderman and Eliopoulos absent, Perez-Azua arrived late), a
request for a color change for Miramar Garden Apartment, located on the west
side of Venetian Drive, south of East Atlantic Avenue (60 Venetian Drive).
B. Approved (4 to 0), a request for a color change for Brewer Architecture, an
existing commercial building located on the east side of SE 4th Avenue, south of
East Atlantic Avenue (85 SE 4th Avenue).
C. Tabled (5 to 0, Perez-Azua arrived),a request for a color change for Lucille's Bad
to the Bone Bar- BBQ (formerly Abbey Road), located on the south side of Linton
Boulevard, east of SW 10th Avenue (710 Linton Boulevard).
D. Approved (5 to 0), a request for a color change and fa(;ade improvements for
SOPRA Restaurant (formerly Martini's), located at the southeast corner of East
Atlantic Avenue and SE 1st Avenue (100 East Atlantic Avenue).
E. Approved (5 to 0), a Class II site plan modification, landscape plan and
architectural elevation plan associated with construction of a small building
addition, fa(;ade and landscape improvements at Crane's Beach House North,
located on the west side of Gleason Street, approximately 125' north of Miramar
Drive (68 Gleason Street).
Approved (5 to 0, Bodker and Keller absent), the landscape plan, architectural
elevations and a Certificate of Appropriateness for Block 69 Municipal Parking
Garage, located on the west side of SE 1st Avenue, approximately 225' north of SE
1st Street. The site plan was previously approved by the Board.
City Commission Documentation
Appealable Items Meeting of March 6, 2001
Page 3
Approved (5 to 0), a request for a Certificate of Appropriateness associated with a
change in exterior accent color, windows and lattice for a contributing single family
residence located on the west side of NE 1st Avenue, north of NE 3rd Street (3'10
NE 1st Avenue).
o
Approved (4 to 1, Jamison dissenting) a request for a Certificate of
Appropriateness associated with a change in exterior paint colors for a contributing
single family residence located on the east side of N. Swinton Avenue, north of NE
2nd Street (275 N. Swinton Avenue).
By motion, receive and file this report.
Attachment:
· Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
MARCH 6, 2001
GULF STREAM
L..38 ~
N W, 2ND ST.
$.W 2ND ST,
SW.
C.15 CANAL
S.P.R.A.B:
A. MIRAMAR GARDEN APARTMENTS
B. BREWER ARCHITECTURE
C. LUCILLE'S BAD TO THE BONE BBQ
D. SOPRA RESTAURANT
E. CRANES BEACH HOUSE NORTH
H.P.B:
BLOCK 69 MUNICIPAL PARKING GARAGE
2. 310 N.E. ISTAVENUE
3. 275N. SWINTON AVENUE
ONE MiLE
GRAPHIC SCALE
CiTY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2OOO
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~'. 0~' - REGULAR MEETING OF MARCH 6, 2001
RESOLUTION NO. 21-01 (SUPPORTING THE FLORIDA LEAGUE OF
CITIES' 2001 LEGISLATIVE ACTION AGENDA) AND RESOLUTION
NO. 22-01 (SUPPORTING THE PALM BEACH COUNTY LEAGUE OF
CITIES' 2000-2001 LEGISLATIVE ISSUES & PRIORITIES AGENDA)
DATE:
MARCH 2, 2001
Resolution No. 21-01 strongly supports the Florida League of Cities' 2001 Legislative Action Agenda, which
supports legislation that provides:
State and Municipal Tax Reform
EMS Transport Authority
· Growth Management Reform
· Water Management Board Representation
· Management Board Representation
· Authority over Solid Waste Services
· Disability Presumption Reform
· Communication Services Tax Law Implementation
Resolution No. 22-01 strongly supports the Palm Beach County League of Cities' 2000-2001 Legislative Issues
& Priorities Agenda, which provides:
· Growth Management
· Everglades Restoration Funding
· Annexation Policy
· Municipal Revenue Simsing
· Windstorm Insurance Rates
· Municipal Representation on Special Taxing Districts
· Tax Equity (Double Taxation)
· Septic Tanks
· Statewide Building Codes
· Electric & Utility Franchise Fee Agreements
The Florida League and Palm Beach County League also support Home Rule authority and support legislation
that strengthens municipal self-governments. Services, such as those provided by municipalities, are best
delivered under a system that leaves each community free to exercise its responsibilities in a manner best suited
to the needs of ks citizens.
Recommend approval of Resolution No. 21-01 supporting the Florida League of Cities' 2001 Legislative
Action Agenda and Resolution No. 22-01 supporting the Palm Beach County League of Cities' 2000-2001
Legislative Issues & Priorities Agenda.
P~OM : S I MON AND SCHM IDT
FAX NO. : 561~650~86
SIMON AND SCHMIDT, ATTORNEYS
100 N.E. Fi~th Avenue, Suite A-1
Delray Beach, Florida 33483
(561) 278-2601 or 737-8222
FAX NO. (561) 265-0286
Mar. 02 2881 07:41AM P1
To: David Harden
From: David schmidt
Date: 3/2/01
Re: Tallahassee/Palm Beach
County Day
Fax No. 243-7199
Time:
By:
No.of Pages: 1
Includes cover
CONFIDENTIALITY NOTIC~: THE DOCUMENTS ACCOMPANYING THIS T~LECOPY
TRANSMISSION MAY CONTAIN CONFIDENTIAL INFORMATION B~LONGIN~ TO
THE SENDER. THE INFORMATION IS INTENDED ONLY FOR TH~ USE 0P THE
INDIVIDUAL OR ENTITY NAMEDABOV~. IF YOU ARE NOT THE INTENDED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING,
DISTRIBUTION OR OTHER TAKING OF ANY ACTION IN RELIANCE
CONTENTS OF THIS TELECOPI~D INFORMATION IS STRICTLY PROHIBITED.
IF YOU HAV~ RECEIVED THIS TELECOPY IN ~RROR, PLEASE IMMEDIATELY
NOTIFY US BY T~LEPHONE TO ARRAN~ FOR R~TURNOF T~E ORIGINAL
DOCUMENTS TO US.
M~SSAQ~ IE ANY:
Dear David:
Z would lake to put 2 resolutions on Tuesday's agenda. These
would indicate that the City Co~ission ~upports both the Florida
League of cities' and the Palm Beach County League of Cities,
2001 Legislative Action Agendas. We could then take copies with
us on Wednesday to distribute to legislators a~ we meet them.
RESOLUTION NO. 21-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, STRONGLY SUPPORTING THE FLORIDA LEAGUE OF
CITIES' 2001 LEGISLATIVE ACTION AGENDA.
WHEREAS, the City Commission of the City of Delray Beach, Florida, strongly supports the Florida
League of Cities' 2001 Legislative Action Agenda; and
WHEREAS, the City Commission recognizes the Florida League of Cities will support legislation that
simplifies and stabilizes Florida's state and local revenue structure so the municipal autonomy and flexibility is
enhanced; and
provides:
WHEREAS, the City Commission recognizes that the Florida League of Cities supports legislation that
· State and Municipal Tax Reform
· EMS Transport Authority
· Growth Management Reform
· Water Management Board Representation
· Authority over Solid Waste Services
· Disability Presumption Reform
· Communication Services Tax Law Implementation
WHEREAS, the City Commission recognizes the Florida League of Cities' support of the Home Rule
authority and its support of legislation that strengthens municipal self-governmental services, such as those provided
by municipalities, are best delivered under a system that leaves each community free to exercise its responsibilities in a
manner best suited to the needs of its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Delray Beach City Commission strongly supports the Florida League of Cities 2001
Legislative Action Agenda.
Section 2. That the City Clerk is directed to distribute copies of this resolution to the Honorable Governor
Jeb Bush, and the Florida League of Cities.
Section 3. That this resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED in regular session on this the 64 day of March 2001.
ATTEST:
MAYOR
Acting City Clerk
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RESOLUTION NO. 22-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, STRONGLY SUPPORTING THE PALM BEACH COUNTY
LEAGUE OF CITIES' 2000-2001 LEGISLATIVE ISSUES & PRIORITIES AGENDA.
WHEREAS, the City Commission of the City of Delray Beach, Florida, strongly supports the Palm Beach
County League of Cities' 2000-2001 Legislative Issues & Priorities Agenda; and
WHEREAS, the City Commission recognizes the Florida League of Cities will support legislation that
simplifies and stabilizes Florida's state and local revenue structure so the municipal autonomy and flexibility is
enhanced; and
WHEREAS, the City Commission recognizes that the Palm Beach County League of Cities supports
legislation that provides:
· Growth Management
· Everglades Restoration Funding
· Annexation Policy
· Municipal Revenue Situsing
· Windstorm Insurance Rates
· Municipal Representation on Special Taxing Districts
· Tax Equity (Double Taxation)
· Septic Tanks
· Statewide Building Codes
· Electric & Utility Franchise Fee Agreements
WHEREAS, the City Commission recognizes the Palm Beach County League of Cities' support of
legislation that strengthens municipal self-governmental services, such as those provided by municipalities, are best
delivered under a system that leaves each community free to exercise its responsibilities in a manner best suited to the
needs of its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Delray Beach City Commission strongly supports the Palm Beach County League of
Cities 2000-2001 Legislative Issues & Priorities Agenda.
Section 2. That the City Clerk is directed to distribute copies of this resolution to the Honorable Governor
Jeb Bush, and the Palm Beach County League of Cities.
Section 3. That this resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED in regular session on this the 6th day of March 2001.
ATTEST:
MAYOR
Acting City Clerk
2000-2001 Legislative Issues & Priorities
of the Palm Beach County League of Cities, Inc.
Growth Management
There are concerns about Growth Management initiatives, which advocate county oversight of
all growth issues. The League supports cooperation and communication with both the
Department of Community Affairs (DCA) and county government. The Palm Beach County
League of Cities will support legislation that gives "Home Rule" jurisdiction on Growth Issues,
giving cities final say in growth management matters within their borders..
Everglades Restoration Funding
Various "state portion" funding options for the Everglades Restoration Project (ERP) may
unfairly burden South Florida residents and their local governments with a disproportionate
share of the total funding for long-term restoration. Palm Beach County League of Cities will
support legislation that ensures that statewide ERP funding options will result in an equitable
source of long-term revenue that will not unfairly impact the residents of South Florida, placing
a disproportionate burden upon them.
Annexation Policy
We will support local initiatives to comprehensively address current problems with the
annexation process. Working in cooperation with the County, The Palm Beach County League
of Cities proposes and supports minor modifications to Florida Statutes, Chapter 171 to redefine
"enclaves" as areas surrounded by one or more municipalities.
Municipal Revenue Situsing
The Simplified Telecommunications Tax has demonstrated that a change of municipal revenue
generating formulas can fundamentally alter and impact a municipality's ability to survive and
operate efficiently. The challenge of proper revenue source identification and situsing has
become even more critical. Revenue neutrality, along with collection and return of funds, needs
to be accurately defined. For example, collections based on a 5-digit zip code or similar
methodology may over compensate some jurisdictions at the expense of others. The Palm Beach
County League of Cities will support systems that accurately and equitably collect and
distribute municipal revenue based on accurate situsing.
Windstorm Insurance Rates
The proposed increases in insurance rates for coastal areas susceptible to windstorm damage are
of grave concern to the collective interests of constituents in Palm Beach County. The Palm
Beach County League of Cities recommends the cost of windstorm insurance be spread over a
much larger impacted area and that the rates reflect the economy of that scale. The Palm Beach
County League of Cities will support working with the State and County to lower windstorm
insurance rates and more evenly distributes the costs of such coverage.
Municipal Representation on Special Taxing Districts
In many cases, portions of Special Taxing District revenues are derived directly from
municipalities and their residents. To ensure proper representation in the process of expending
those funds, municipalities should have proportional access to serve on Boards that govern
distribution of these public funds. The Palm Beach County League of Cities will support
legislation that creates municipal representation on appointed Special Districts that expend
public dollars.
Tax Equity (Double Taxation)
Tax equity between the County and Cities is essential to the fair and reasonable allocation of the
cost of government to the citizens of Palm Beach County. The Palm Beach County League of
Cities recommends a study to document costs and find alternative tax formulas where
warranted. The League recommends mechanisms such as MSTU's (Municipal Service Taxing
Units) to compensate for the delivery of various urban services such as police versus sheriff
services. The Palm Beach County League of Cities will support legislation that corrects
inequities caused by double taxation of municipal citizens.
Septic Tanks
There may be environmental concerns where water and land surfaces are contaminated through
the use of septic tanks in Palm Beach County. The Palm Beach County League of Cities
recommends study to document the effects and efforts to find funding for alternative systems
where warranted. The Palm Beach County League of Cities will support working with the
County to reduce the number of septic systems through advancement of public utility systems
where applicable.
Statewide Building Codes
The Palm Beach County League of Cities will monitor progress and coordinate with the Florida
League in preparation to debate and advocate municipal interests to the Governor, Legislature
and Cabinet. We also will monitor the impact on a local level through action committees.
Electric & Utility Franchise Fee Agreements
The Simplified Telecommunications Tax has defined a new trend to reconfigure the
fundamental area of Municipal Franchise Fee agreements and Right of Way (ROW)
jurisdictional control, lease agreements and permitting fees. Electric service, utilities and other
similar users of our ROW's are not far behind. The change to these traditional sources of
municipal revenue could fundamentally alter and impact a municipality's ability to survive and
operate efficiently. Revenue neutrality and the ability to jurisdictionally control the areas within
our municipalities remain critical. The Palm Beach County League of Cities will support
systems that accurately and equitably collect and distribute municipal revenue while protecting
our jurisdictional control.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~.~
AGENDA ITEM - REGULAR MEETING OF MARCH 6, 2001
AWARD OF BIDS AND CONTRACTS
MARCH 2, 2001
TNs is before the City Commission to approve the award of the following bids and contracts:
Purchase award in the amount of $18,898.00 to Data Flow Systems (sole source) for the
purchase of telemetry equipment associated with the rehabilitation of Lift Station #31. Funding
is available from 442-5178-536-61.83 (Lift Station Conversion to Submersible).
Purchase award in the amount of $20,563.00 to Southeastern Pump for pumps and related
equipment for the rehabilitation of Lift Station #31. Funding is available from 442-5178-536-
61.83 (Lift Station Conversion to Submersible).
Bid award in the amount of $142,870.00 to JMW Construction Corp. for the pool and
bathhouse renovations removal/design-replacement at the Delray Swim and Tennis Club.
Funding is available from 117-4133-572-63.90 (Lavers International Resort Pool).
Purchase award in the amount of $28,210.00 to Dell E Com for computer hardware for various
departments as approved during the FY00-01 budget process. Purchase is under State Contract
# 250-040-99-1. Funding is available from 334-6112-519-64.11 (Renewal and Replacement).
Recommend approval of the bid and contract awards listed above.
Ref:BickAgmemo.03-06-01
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Agenda Item
Date: February_ 28, 2001
When: March 6, 2001
Description of item (who, what, where, how much): Staff requests Commission Approval of the purchase
of telemetry components to be provided by the City_ in association with the rehabilitation of Lift Station 31.
The equipment will be purchased from Data Flow Systems, our sole source provider for telemetry
equipment. Total amount of this purchase is $18,898.00 and will be funded from R&R Account//442-5178-
536-61.83, Lift Station conversion to submersible.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of purchase from Data Flow Systems.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re,~ir~d on all items involving expenditure of funds):
Funding available:QYES~JNO
Funding altemativeC--
Account No. & Description
Account Balance~/~
CiW Manager Review:
Approved for agenda: ~O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
(if applicable) ,
Action:
Approved/Disapproved
file S ~EngAdmin~Projects\01k2001-036\OFFICIAL\dfs2 ag doc
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Agenda Item
Date: February 28, 2001
When: March 6, 2001
Description of item (who, what, where, how much): Staff requests Commission Approval of the purchase
of pumps and related equipment from Southeastern Pump to be provided by the City in association with the
rehabilitation of Lift Station 31. The equipment will be purchased from our annual contract with
Southeastern Pump. Total amount of this purchase is $20,563.00 and will be funded from R&R Account
#442-5178-536-61.83, Lift Station conversion to submersible.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of purchase from Southeastern Pump.
Department head signature: ~ C~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re,~ai~d on all items involving expenditure of funds):
Funding available: ~____~O
Funding alternatives (if applicable)
Account No. & Description~-6
Account Balance ,j/]0~(. ~0.3 ' ~ 6~i/.~///0 [
city Manager Review:
Approved for agenda: ~O ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file S ~EngAdmln~Projects\0 IL2001-036\OFFICIALXsoutheastern2 ag doc
AGENDA REQUEST
Agenda Item No.:
Request to be placed on:
DATE: February 26, 2001
x
Regular Agenda
Special Agenda
Workshop Agenda
When: March 6, 2001
Description of item (who, what, where, how much) Award of the contract to JMW Construction Corp. the
amount of $142,870.00 for the award Delray Swim and Tennis Club Pool and Bathhouse Renovations
Removal/Design- Replacement, Project #2001-003 The funding for this project will be provided from the
following account:
Funding Source
Lavers Intern. Resort Pool
*After Budget Transfer
Account Number
117-4133-572-63.90
Amount
$142,870.00 *
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of Project No. 2001- award Delray Swim and Tennis Club
Pool and Bathhouse Renovations Removal/Design- Replacement to JMW Construction Corp. with a b~d in
the amount of $142,870.00.
Department Head ~(~ ~ ~,~.~
Signature:
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation 0f applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available
Funding alternative'S'-" (if applicable)
Account No & Des_.cription See above
, .
Account Balance,,,~L~'~,//',:5" _/~x~,~ ) ? ~(~_,~,~/' ~,~~ AJ ~/0"-~', ~;"~'
City Manager Review:
ApprovedHold Until:f°r agenda.~/NO
Agenda Coordinator Review: ' ~///P/
Received:
Placed on Agenda:
Action'
Approved/Disapproved
file 2001-003(^)
projects/2001-003/contract/agenda doc
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,
Deputy Director of U
February 28, 2001
REHABILITATION OF LIFT STATION 31
PROJECT NUMBER 2001-012
Attached is an Agenda Request along with a quote for purchase of telemetry 'components to be provided by
the City in association with the subject project. Data Flow Systems is the sole source provider of our
telemetry equipment. The total amount of this purchase is $18,898.00. Funding will be from 442-5178-
536-61.83, lift station conversion to submersible.
Please place the item on the March 6, 2001 Agenda for consideration by City Commission.
CDB/cdb
Att:
CC:
Richard C. Hasko, Director of Environmental Services
City Clerk
Agenda File
file: S:~EngAdmin~Proj ects\01 \2001-012\OFFICIAL\dfs.mem.doc
'To Dan l:~eatty U~ty ot Uelray I~eacr~ from L.~eoole VVIIRI[1.~:~Orl o,-' I -/-.a:~.-q4JP.,~:) r,~l~: , u, ~..
Sent b.y the Award W~nnmg Cheyenne Bitware
February 23, 2001
Data Flow Systems, Inc.
Quote No. 010223-07-dcw
Mr. Dan aeatty
City of Delray Beach
Fax: 561-243-7344
Dear Mr. Beatty:
Re: Lift Station #31 Rehab
I am pleased to offer a quotation for the City of Delray Beach. These are city required parts, including
spares and two (2) 9300XL's. These are ship only and do not include installation.
Total $18,758.00
Shipping is $140.00. The total of this quote will be $18,8911.00. Lead time is 30 days ARO. Payment
terms are NET 30. This quote will be honored for 90 days. Please call w~th any questions or
comments
Sincerely,
Data Flow Systems, Inc.
Debbie Wilkinson
Sales Administrator
delrayq~uO1022.3cFdo
Flow Systems, Inc · 659 E~u C-~he Bird · Melbourne, Florida 32935 · PH 021) 259-$009 · FAX(321)259-4006
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,
Deputy Director of Util~ta~'~
February 28, 2001
REHABILITATION OF LIFT STATION 31
PROJECT NUMBER 2001-012
Attached is an Agenda Request along with a quote for purchase of pumps and related equipment from
Southeastern Pump to be provided by the City in association with the subject project. Southeastern Pump
was awarded the annual contract for the purchase of submersible wastewater pumps and equipment (Bid
99-19). The quote from Southeastern Pump is for $20,563.00 and is itemized as follows:
ITEM
11.3 HP Pump
Guide rails, control
panel & break-away
fittings
TOTAL
QUANTITY UNIT COST TOTAL
3 $ 2,061.00 $ 6,183.00
1 14,380.00 14,380.00
$20,563.00
Funding is from Account #442-5178-536-61.83, lift station conversion to submersible.
Please place the item on the March 6, 2001 Agenda for consideration by City Commission.
CDB/cdb
Att:
CC;
Richard C. Hasko, Director of Environmental Services
City Clerk
Agenda File
file' S :~EngAdmin~Proj ects\01L2001-036\OFFICIAL\southeastem2.mem.doc
SOUTHEASTERN PUMP
February 26, 2001
City of Delmy Beach
434 South Swinton Avenue
Oelray Beach, FL
Attention:
Subject:
Mr. Clayton Gilbert
LIFT STATION No. 31 REHABILITATION
Lift Station Pumps & Equipment
We are pleased to offer the following equipment in accordance with Award of Bid No. 99-19,
and in compliance with City of Delray Beach Requirements (including pending revisions)'
3 ea. Barnes Submersible Sewage Pumps Model 4SE11334L, 4-inch Discharge,
11.3 HP, 240V/3/60, Standard Construction, with 40fL cords.
PRICE: $ 2,061.00 each X 3 = $ 6,183.00
I Lot
Misc. Lift Stat,on Equipment, including:
· Guide Rails for two pumps (80 fl)
· Break-Away-Fittings (base elbows) for two pumps, along with upper guide
rail supporl bracket, one cable hanger, and anchor bolts, nuts and washers
for break-away-titlings (SS).
· Pump control panel (per latest department requirements} along with level
transducer and emergency high level float (non-mercury).
PRICE: $14,380.00 Lot
PROJECT TOTAL: $ 20,563.00
Prices are valid for 60 days from date of quotation.
Prices do not include sales tax.
F.O.B. - Delray Beach
Payment due 30 Days from date of invoice
Thank you for this opportunity to quote your requirements. Please advise us with any
questions, or if we may race,ye your valued order.
Sincerely.
SOUTHEASTERN PUMP
PO Box 100727 · Ft. Lauderdele, FL 33310 - 1368 SW 12th Avenue · Poml3ano Beach, FL 33069
Phone (9,54) 781-8400 · Toll Free (SOD) 396-4182 · Fax {954) 781-~134 · wvvw. sepump.com
tX: ,.~ ,~:_~ .:_~- f~,,~:,~ .
~ '
:. __ ~ ....... t~~ ,. ~.~
O ~ C~ of DELRAY BEACH LOCATION MAP
~~~~~ REHABILITATION OF L.S. 31
~~A~~Y~~~ Pro~t .o. 2oo~-o~= 1 of 1
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
THRU:
FROM:
SUBJECT:
DATE:
www delrayesd corn
DAVID T. HARDEN, CITY MANAGER
RANDAL KREJCAREK, P.E., CITY ENGINEER
WILLIAM A. GRIEVE, CIVIL ENGINEER L~
Delray Swim and Tennis Club Pool and Bathhouse Renovations
Removal/Design- Replacement
Project No. 2001-003
FEBRUARY 26, 2001
Attached is the agenda request for Commission to award Delray Swim and Tennis Club Pool and
Bathhouse Renovations Removal/Design- Replacement contract.
The work generally consists of the following: Recondition existing commercial pool, installation of
new pump, filter, and gas heaters. Clean patch and reseal existing Chatahoochee deck. Install new
fencing around pool. Modify existing security and accent lighting and reconstruct electrical service
to pool and bathhouse facilities. Renovate existing bathhouse, replacing doors and windows, new
epoxy flooring, replace damaged and rotting wood, paint interior and exterior of structure and
modify/replace existing restroom partitions and fixtures to meet current code requirements.
Attached is the bid tabulation and Location Map for the referenced project. The lowest responsible,
responsive bidder for this project was JMW Construction Corp. with a bid of $142,870.00.
Funding Source
Lavers Intem. Resort Pool
Account Number
117-4133-572-63.90
Amount
$142,870.00
If acceptable, please place this item on the March 6, 2001 Commission meeting for Commission
approval.
Attachment
cc: Richard Hasko, P.E., Director ofEnv. Svcs.
Joseph Safford, Finance Director
file: 2001-003(A)
S :\EngAdmin\Proj ects~200 lX2001-003\CONTRACTXAGENMEMO.doc
-/
i I I II I I I t I I I II I I I i I ] I 1 I~J II II II~
CITY of DELRAY BEACH
4~4 ~OUIT4 ~ltiggTtON A~t~dU~, I:~J~Y ~14, lal.~l~3A ~644
DELRAY BEACH SWIM & TENNIS CLUB
LOCATION MAP
DATF.: '11,/'30/0C
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT'
DATE:
David T. Harden
City Manager
Richard Zuccaro ~
MIS Manager ~
Joseph M~
Director of Financ~~-~'
Agenda Request for Commission Meeting of March 6, 2001
February 27,2001
We are requesting approval to purchase the following computer hardware from the Renewal and
Replacement Fund that was approved during the FY 00-01 budget process Th~s hardware
replaces current hardware ~n the following departments in order to accommodate the City's new
operating system and software. Some of the prices vary as the replacement systems have been
configured to meet additional requirements of the department Replacement timeframes for these
systems are approaching on the MIS Project Work Plan.
,,Department,. , Equipment ,Amount
Human Resources (2) PC's $3,440
C~ty Attorney (2) PC's $3,440
Planning and Zoning (2) PC's $5,850
Parks and Recreation (2) PC's $3,440
Community Improvement (7/PC's $12,040
TOTAL $28,2t0.00
Funding is available in the Renewal and Replacement Fund (334-6112-519-64.11).
/sam
54485191
Page 1 of 2
DELL
E Com
Date: 212/01 11:36:16 AM
QUOTE #:
Customer #:
Quote Date:
Customer Name:
QUOTA TION
54485191
1015934
212101
CITY OF DELRAY BEACH
TOTAL QUOTE AMOUNT: $1,720.00
Product Subtotal: $1,720.00
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: 3rd Day Total Number of System Groups: 1
I
I
o.ou.: i QUANm¥: SYSmEM $ ,nO.O01 G.OU. mom .:
$1,720.00
; Dell Pentium III 1.0GHz GX2001Mini-Tower(133MHz FSB),wl8MB 4XAGP Iht Vid,Iht 101100
Base Unit:
w/RWUNIC,Int Snd,256K Cache (220-6169)
Memory: 128MB ECC,PCT00,1RIMM,8 Devices,GX200/300 (311-2874)
Keyboard: Quletkey Spacesaver 104-key Keyboard,GX2001300 (310-4359)
Monitor: Dell P780 Flat Display Trinitron,16.0 Viewable Image Size, Optiplex, GX300 or GX200 (320-0399)
Video Memory: 8MB Integrated Video Memory Upgrade,GX200,Factory Install (320-8327)
Hard Drive: 10GB,7200 RPM,EIDE,Hard Drive, GXl 101GX2001GX300 MiniTower (340-9173)
Floppy Disk Drive: 3.5,1.44 MB Floppy Drive, GX2001300.MiniTower (340-3218)
Operating System: Windows 2000 NTFS,Compact Disk, English (420-1797)
Mouse: Dell 2-Button System Mouse, GX200/300 (310-2593)
CD-ROM or DVD-ROM Drive: 16X IDE DVD-ROM, GX200 Mid-Desktop or MiniTower (313-1577)
Sound Card: Integrated Sound Blaster, Compatiable with AC97 Audio (313-8066)
Speakers: HarmanlKardon Speakers, GX2001300 (313-0643)
Documentation Diskette: OptiPlex Resource CD (313-7168)
Option 1: Passive Expansion Riser For GX200/T+ System,5 PCI Wake up on Lan,Factory Install (430-7118)
Service: Type 3 Contract - NextBusiness Day Parts & LaborOn-Site Response Initial Year (902-3610)
Service: Type 3 Contract - NextBusiness Day Parts & LaborOn-Sita Response 2YR Extended (902-3612)
Instsllatlon: Standard On-Site InstallationDeclined (900-9987)
Mlsc: Mouse Pad (310-3669)
Thank you for purchasing a Dell OptiPlex from the State &Local Govt Accounts Dlvisionl (460-
Misc:
8867)
file://C:\WINNTLProfilesLmuehlberg\Temporary Internet Files\Quote 54485191 .HTML 3/2/01
54485191 Page 2 of 2
COMMENTS
'250-040-99-1'***
TOTAL QUOTE AMOUNT: $1,720.00
Product Subtotal: $1,720.00
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: 3rd Day Total Number of System Groups: I
SALES REP: BARBARA HARBER
Email Address: Barbara_Harber{~Dell.com
PHONE: 800-981-3355
Phone Ext: 43012
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. You may also
place your order online at www.dell.comlquote
This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement,
is subject to the applicable Dell terms and conditions agreement.
Prices and tax rates are valid in the U.S. only and are subject to change.
All product and pricing information is based on latest information available. Subject to change without
notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
options at US_DFS_AssetRecovery@dell.com. Minimum quantities may apply.
file://C:\WINNTXProfilesLmuehlberg\Temporary Intemet Files\Quote 54485191.HTML 3/2/01
54484904 Page 1 of 2
DELL
E Com
Date: 212/01 t 1:32:55 AM
QUOTE #:
Customer #:
Quote Date:
Customer Name:
QUOTA TION
54484904
1015934
212101
CITY OF DELRAY BEACH
TOTAL QUOTE AMOUNT: $2,925.00
Product Subtotal: $2,925.00
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: 3rd Day Total Number of System Groups: I
I
I
GROUP: I aUANT TY: a SYSTEM PmCE: $2,92S.001 GROUP TOTAL:
$2,925.00
Base Unit: ; Dimension 8100 Series,Penflum 4,Processor 1.4GHz (220-6991)
Memory: 256MB PCS00 RDRAM (311-8426)
Keyboard: Dell Enhanced Performance USB Keyboard (310-2754)
Monitor: = 21 In. (19.8 In. Viewable, .24AG)P1110 Trinitron Monitor (320-0264)
Video Card: 64MB DDR nVidia GeForce2 UltrawlDVI 4X AGP Graphics Card (320-1202)
Hard Drive: 20GB Ultra ATA Hard Drive (7200RPM) (340-1926)
Floppy Disk Drive: i 3.5 In. Floppy Drive (340-2806)
No charge: Info Document, Instructions to register for EducateU Web Based Training. access
Operating System:
must be purchased. (310-6921)
Operating System: Dell Application Back-up CD, Factory Install (313-7222)
Operating System: SPIRE 6.0 For Windows Millennium,English,Readyware, Factory Install,No Media (412-1060)
Operating System: Windows Millennium (ME), Factory Install (420-8050)
Mouse: Logitech USB Mouseman Wheel (310-2756)
Modem: No modem requested for Dell Dimension (313-3607)
CD-ROM or DVD-ROM Drive: 16X Max Variable DVD ROM DriveFactory Install (313-0438)
CD-ROM or DVD.ROM Drive: Software Decoding for DVD ROM Drive (313-1460)
Sound Card: SB LIVEI Value DigitaI,Factorylnstell (313-7869)
Speakers: Altec Lansing ACS-340 Speakerewith Subwoofer (313-0417)
Software Disk Two: Resolution Assistant, Factory Install (412-0175)
Service: Type 3 Contract - Next Business Day Parts & Labor On-Site Response Initial Year (902-3410)
Service: Type 3 Contract - Next Business Day Parts & Labor On-Site Response 2YR Extended (902-3412)
Misc: 12X/8X/32X CD-RW Drive,Tied (313-1473)
Mlsc: Dell Proactive Support, Factory Install (412-4258)
Mlsc: No Microsoft Office Package (412-1397)
file://C:\WINNT~Profilesh-'nuehlberg\Temporary Intemet Files\Quote 54484904.HTML 3/2/01
54484904 Page 2 of 2
COMMENTS
'250-040-99-1'***
TOTAL OUOTE AMOUNT: $2,925.00
Product Subtotal: $2,925.00
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: 3rd Day Total Number of System Groups: 1
SALES REP: BARBARA HARBER
Email Address: Barbara_Harber~Dell.com
PHONE: I 800-981-3355
Phone Ext: 43012
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. You may also
place your order online at www.dell.comlquote
This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement,
is subject to the applicable Dell terms and conditions agreement.
Prices and tax rates are valid in the U.S. only and are subject to change.
All product and pricing information is based on latest information available. Subject to change without
notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
options at US_DFS_AssetRecovery@dell.com. Minimum quantities may apply.
file://C :\WINNTLProfilesLmuehlberg\Temporary Internet Files\Quote 54484904.HTML 3/2/01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CiTY MANAGER ~
AGENDA ITEM 0~./-..- REGULAR MEETING OF MARCH 6, 2001
EMERGENCY PURCHASE AWARD/NEC BCS (EAST) Inc.
MARCH 2, 2001
This is before the City Commission to approve an emergency purchase award in the amount of
$27,512.80 to NEC BCS (EAST) Inc., (under Florida State Contract #250-040-99-1) for hardware &
cabling for the Communication Dispatch Center at the Police Department.
During the Communication Dispatch Center's renovation, the CAD operator's workstations were
changed from terminal to microcomputers to accommodate digitized mapping. The conversion from
terminals to workstations (PC's), on the Token Ring network, significantly increased the probability
for failure including possible shutdown to the dispatch center's operations.
The request to confirm the emergency purchase (PO #593236) is for required hardware necessary to
make the newly renovated Communications Center operational in a more secure, reliable environment
with back-up (fault tolerance) in place, and easier problem determination technology that is essential
for a mission critical operation.
Funding is available from 334-6112 519-63.22 (General Construction Fund). Recommend approval
of the emergency purchase award in the amount of $27,512.80 to NEC BCS (EAST) Inc.
Ref~gmemol 1.EmergencyPurchas3-6-01
To:
From:
Thru:
Date:
Memorandum
David T. Harden, City Manager
Zuccaro, MIS Manager
Richard
Joseph Sa~~/llance Director
February 21, 2001
Subject: Request to Confirm Emergency Purchase of Hardware & Cabling for the Renovated
Communications Center at the Police Department
The Communications Dispatch Center (Computer Aided Dispatch E911) is currently
operational in a temporary location at the Police Department while the old Communications
Center is being renovated.
Recently the CAD operator's workstations were changed fi:om terminals to microcomputers to
accommodate digitized mapping. The conversion fi:om terminals to workstations (PC's), on
the Token Ring network, significantly increased the probability for failure, as a problem on
any PC on the Token Ring network could cause a severe performance impact, including
shutdown to the dispatch center's operations. Therefore, as part of the cabling and the new
dispatch workstation installation we developed an infrastructure, replacing Token Ring
topology with Ethernet topology, intelligent routers (switches) and individual cabling routes
to improve performance, reliability and significantly minimize the chance for failure. We are
also planning to install switches at the Computer Room at the DBPD as well as MIS data
center to eliminate "collisions" (an Ethernet error that could cause the network to fail).
Additionally, we plan to keep the current twinax cabling to the workstations as a "terminal
backup". The "terminal backup" would be used in the event the dispatch network did fail, the
dispatch operators could switch to the terminals and continue operation.
The Dispatch or Communication Center accesses the Public Safety System that runs on the
Police Department AS400 which is accessed via the network workstations. The AS/400
system is mirrored (duplicate system running on the City Hall's AS/400) as a fault tolerance
precaution. If the Police Department's AS/400 should fail the Dispatch Center can switch
immediately to the City Hall AS/400 and continue operating without compromising security
or integrity. This AS/400 fault tolerance system is already in place and has been operational
for at least five years and is tested at least once a week. This system will remain in operation,
for additional protection, as an enhancement to the proposed changes.
This is a request to confirm the emergency purchase (PO #593236) in the amount of
$27,512.80 for required hardware necessary to make the newly renovated Communications
Center operational in a more secure, reliable environment with back-up (fault tolerance) in
place, and easier problem determination technology that is essential for a mission critical
operation.
PURCHASE ORDER
DATE:
2/16/2001
VENDOR:
· BELIIR
PURCHASING DIVISION
100 NW FIRST AVENUE
DELRAY BEACH, FLORIDA 33444
.-561/243-7115
SHIP TO:
593236 I
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKING LISTS, LABELS, BILLS OF LADING AND
CORRESPONDENCE
NEC BCS (EAST) INC CITY OF DELRAY BEACH FLORIDA
6531 PARK OF COMMERCE CITY HALL
BLVD C160 MANGT. INFO. SYSTEMS
BOCA RATON FL 33487 100 NW 1ST AVENUE
DELRAY BEACH FL 33444
6538 2/20/2001 PAUL FELLER
R E Y NOL D S/C HA I S A KUL 000008 6761
1 1.00 EA EALYST 4000 CHASS(6-SLOT)~SUPRVSR [[~ ~156.60 8156.60
(Z)AC PS. FANS
VENDOR [TER NO. - ~S-C~O06-S~
2 1.00 EA 10/100 AUTO MODULE~ I~8-PORTS (RJ-45) 3056.60 3056.60
VENDOR ITEM NO. -- WS-X4148-RJ
3 1.00 EA DULE.32- lO/100(RJ45)+MODULAR UPLINKS 2376.60 2376.60
VENDOR ITEM NO. - WS-X4232-RJ-XX
~ 1.00 EA CATALYST 4000 G[GABIT ETHERNET 2036.60 2036.60
MODULE.6-PORTS (GB IC
VENDOR ITEM NO. - WS-X4306-G~
5 4.00 EA IO00B~SE-SX ~SHORT WAVELENGTH" 340.00 1360.00
G~IC(MULTIMODE ONLY
VENDOR ITEM NO. - WS-G5484
6 1.00 EA IO00BASE-LX/LH ~LONG HAUL~ 1020.00 1020.00
~BIC(SINGLE OR MULTI-MD
VENDOR ITEM NO. -- WS-G5486
7 4.00 EA CATALYST 3524 XL ENTERPRISE EDITION 2036.60 8146.40
VENDOR ITEM NO. - WS-~3524~XL-EN .... -"' ......
8 ~.00 EA IO00BASE-SX ~SHORT WAVELENGTH~ 340.00 1360.00
GBIC(MULTIMODE ONLY
~ENDOR ITEM NO. - US-GSa84
BILL TO:
CITY OF DELRAY BEACH
ACCOUNTS PAYABLE
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
FLORIDA STATE SALES TAX EXEMPTION
CERTIFICATE NO. 60-08-116241-54C
APPROVED
AUTHORIZED SIGNATURE
ORDER ~UltJECT TO TERMS AND C~)ND1TIONS AS ON~ERSE OR ATTACHED
* PURCHASING
Fq3ROHASE ORDER
DATE-:.
Z/16/2001
VENDOR:
NEC BCS (EAST) INC
PURCHASING DIVISION
100 NW FIRST AVENUE
DELRAY BEACH, FLORIDA 33444
561/243-7115
SHIP TO:
CITY OF
593236 2
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKING LISTS, LABELS, BILLS OF LADING AND
CORRESPONDENCE
DELRAY BEACH FLORIDA
CONTINUED **
REYNOLDS/CHAISAKUL
:f000BASE-SX "SHORT WAVELENGTH"
GB[C (MULTIMODE ONLY
'OTHER ITEMS PROV[OEO ~[TH N0 COST [N eUOTE:
CATALYST 4KSUPERV[SOR FLASH [RAGE
PART · SC4K-SUP-6.1.1
QUANTY.: lEA
AC'POWER CORD NORTH AMERICA
PART ~ CAU-ZKAC
GURNTY: 2EA
8XSXNBD SVCa CAT&O00 (6-SLOT)aSUPRVSRZZ~(2)A~ PS~F
PART ~ CON-SNT-gS-C4006
aUANTY: 1ER
8XSXNBD SVC~S-C352~
PART ~ CON-SNT-gS-C3524
GUANTY: 4EA
POWER CORD~110V
PART ~ CAB-AC
GUANTY: ~EA
ALL [TEHS BASED ON aUOTE ~ 7KO-LJS
BY SCOTT ALFORD 95~-535-7~11
PLEASE FAX GUOTE TO KURT JOHNSON AT:
561-995-5399
?:Icing pe: State oE ~lo:ida Co~t:scc ~250-0~99-1
~pp:oved by Ct~y Ha~get 02/11601
TOTAL
ACCOUNT: 334611251 9632~
BILL TO:
CITY OF DELRAY BEACH
ACCOUNTS PAYABLE
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
FLORIDA STATE SALES TAX EXEMPTION
CERTIFICATE NO. 60.08-116241-54C
ORDER SUBJECT TO TERMS AND CONDITIONS A~ ON REVERSE OR ATTACH~ED
PURCHASING
APPROVED
AUTHORIZED SIGNATURE
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CiTY
AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 6~ 2001
RESOLUTION NO. 23-01 (SUPPORTING KEEPING 561 AREA CODE
DATE:
FOR PALM BEACH COUNTY RESIDENTS)
MARCH 6, 2001
This is before the Commission to approve Resolution No. 23-01,
which supports keeping 561 area code for Palm Beach County
residents and establishing a new area code for the Treasure
Coast.
Representatives from our 561 area code region and the Treasure
Coast met with Public Service Commission (PSC) staff in West Palm
Beach and expressed overwhelming opposition to the PSC's 10-digit
dialing recommendation for this region. Subsequently PSC sided
with local representatives to allow Palm Beach County to keep its
561 area code and that a new area code be proved for the Treasure
Coast.
The federal contractor that assigns area codes turned down the
State's request citing federal regulation that violated industry-
developed guidelines that require the codes to last at least five
years. However, with the addition of new technology and the
implementation of number conservation measures it is believed
that the 561 area code would have a much longer than projected
life span.
Recommend approval of Resolution No. 23-01, which supports 561
area code for Palm Beach County residents and creating a new area
code for the Treasure Coast.
Ref:Agmemol. Res #23-01
RESOLUTION NO. 23-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, WHICH SUPPORTS KEEPING 561
AREA CODE FOR PALM BEACH COUNTY RESIDENTS.
WHEREAS, the City Commission of the City of Delray Beach strongly supports the
keeping of area code 561 for Palm Beach County residents; and
WHEREAS, the Delray Beach City Commission recognizes that the representatives from
our 561 area code region and the Treasure Coast, met with Public Service Commission (PSC) staff in West
Palm Beach and expressed overwhelming opposition to the PSC's 10-digit dialing recommendation for this
region; and
WHEREAS, the Public Service Commission has subsequently sided with local
representatives to allow Palm Beach County to keep its 561 area code and establishing a new area code for
the Treasure Coast; and
WHEREAS, the federal contractor that assigns area codes turned down the State's request
citing a federal regulation that violated industry-developed guidelines that require the codes to last at least five
years, consequently, the matter will be discussed by the Federal Communication Commission; and
WHEREAS, the City Commission believes that with the addition of new technology and
the implementation of number conservation measures the 561 area code would have a much longer than
projected life span.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Delray Beach City Commission strongly supports the keeping of 561
area code for Palm Beach County residents and creating a new area code for the Treasure Coast.
Section 2. That the City Clerk is directed to distribute a copy of this resolution to the
Federal Communications Commission.
Section 3. That this resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED in regular session on this the 6th day of March 2001.
MAYOR
Acting City Clerk
KEEP AREA CODE FOR
PALM BEACH RESIDENTS
I writ~ ~o you today to update
you on the status of possible lO-
d~git "overlay' dialing in Pa~
Beach County
As you may be aware, in a
meeting on Sept. 27 with the
Public Service Commission
Beach. representatives from our
~1 area code region, and the
whelmin~ opposition to ~
PSC's ]O-digtt ~ recom-
mendation
Subsequent to that meeting
the ?SC sided with our request
to allow Palm Beach County to
for a new ama code to be provid-
ed for the Treasure ~,
Unfortunately, the federal con-
turned down the state's request
ola~ed mdustry-deeek~aea guide-
1Lues that ~e-
quire the codes
to last at least
five years,
This matter
~ now be de.
aded by the
Federal Com-
munications RON
Commission.
it our KLEIN
that the state
plan which w~s approved by the
PSC which extends the 5Gl area
code life a minimum of three
years is the best alternative.
We believe that with the addi-
tion of new technology and the
implementation Of number con-
serva~ measures the gl area
code would have a much longer
than projected life span.
Additionally, though this plan
lndia~ River, St. Lucie, and Mar-
tin Counties would enjOy a new
area code with r~ef spanning
24 years into the furore.
We believe that the four coun-
ties impacted by tlus proposed
change support our position as
communicated above
This position accomphshes
everything that the local govern-
ments, business community, and
the general pub~ have ex-
prL-<_~l in resolutions, letters to
the PSC, and, public forums,
We feel comfortable that the
residents of Palm Beach County
and the Treasure Coast would be
accommodated wit~ the adop-
bon of a plan that creates a new
area code for the Treasure
C. oa~ preserves the 5~ 1 area
code for Palm ]~ch County,
and eliminates the need for 10-
! encourage you to immediate-
ly write the FCC who will be rul-
ing on this i~ue in the near
ture and urge them to keep the
561 area code solely for the resi-
dents of Palm Beach County,
When you write the commission
you must specify at the begin.
rang of your letter that you are
writing regarding "DA No, 01-
34 rTDkt I% 9648".
Your comments may be ad-
dressed to:
Federal Communications
Comfffission
Attn: Ms Magahe Salas
445 12th Street SW, Room
TW-B204
Washington, DC 20~54
Re: Comments in Support of
Florida Public Commission Peu.
tion
Ron Klein rs a stale senator in
Distr/et 28.
ummm
Letters must be signed with name clearly legtl~e along with a phone number
and complete address. No unsigped or anonymous letters will be confade~ed for pubScauon.
Community News will accept one letter per person per e. ery 30 day~ We reserve the right
to edit letters for Sl~lir~ gran'w~ar, news style, ~:)od taste and available space.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~/- REGULAR MEETING OF MARCH 6,
2001
RESOLUTION NO. 24-01 (SUPPORTING THE FLORIDA
ASSOCIATION OF COUNTIES/FLORIDA LEAGUE OF CITIES' 2001
DATE:
JOINT LEGISLATIVE PLATFORM)
MARCH 6, 2001
This is before the Commission to approve Resolution No. 24-01,
which supports the Florida Association of Counties/Florida League
of Cities' 2001 Joint Legislative Platform, which supports
legislation that provides for:
· Communications Services Tax Simplification While
Protecting Local Interests
· Maintaining Local Authority to Regulate Billboards
· Construction & Demolition (C & D) Debris Recycling Without
Impairing Local Regulatory Authority
· State and Local Tax Reform
· Local Authority to Determine Staffing for Fire Protection
Services
· Copyright of Governmental Software
The Association and the Florida League also support Home Rule
authority and legislation that strengthen~ local self-government.
Services, such as those provided by counties and municipalities,
are best delivered under a system that leaves each community free
to exercise its responsibilities in a manner best suited to the
needs of its citizens.
Recommend approval of Resolution No. 24-01, which supports The
Florida Association of Counties/Florida League of Cities' Joint
Legislative Platform.
Ref:Agmemol.Res %24-01
RESOLUTION NO. 24-01
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING THE FLORIDA
ASSOCIATION OF COUNTIES/FLORIDA LEAGUE OF CITIES'
2001 JOINT LEGISLATIVE PLATFORM.
WHEREAS, the City Commission of the City of Delray Beach strongly supports the
Florida Association of Counties/Florida League of Cities' 2001 Joint Legislative Platform; and
WHEREAS, the Delray Beach City Commission recognizes the Florida Association of
Counties and the Florida League of Cities will support legislation that simplifies and stabili~.es Florida's state
and local revenue structure so that local autonomy and flexibility is enhanced; and
WHEREAS, the City Commission recognizes that the Florida Association of
Counties/Florida League of Cities' Platform supports legislation that provides:
· Commtmicafions Services Tax Simplification While Protecting Local Interests
· Maintaining Local Authority to Regulate Billboards
· Construction & Demolition (C & D) Debris Recycling Without Impairing Local
Regulator/Authority
· State and Local Tax Reform
· Local Authority to Determine Staffing for Fire Protection Services
· Copyright of Governmental Software
WHEREAS, the City Commission recognizes the Florida Association of Counties and the
Florida League of Cites' support of Home Rule authority and their support of legislation that strengthens
local self-govemmental services, such as those provided by counties and municipalities, are best delivered
under a system that leaves each community free to exercise its responsibilities in a manner best suited to the
needs of its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Delray Beach City Commission strongly supports the Florida
Association of Counties/Florida League of Cities' 2001 Joint Legislative Platform.
Section 2. That the City Clerk is directed to distribute copies of this resolution to the
Honorable Governor Jeb Bush, the Florida Association of Counties and the Florida League of Cities.
Section 3. That this resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED in regular session on this the 6th day of March 2001.
ATTEST:
Acting City Clerk
MAYOR
Post Office Box 549
Tallahassee, Florida 32302
(850) 922-4300
FLORIDA LF~Otm OF CITIES, INC.
Post Office Box 1757
Tallahassee, Florida 32302-1757
(850) 222-9684
2001 JOINT LEGISLATIVE PLATFORM
The Florida Association of Counties and the Florida League of Cities are dedicated to the
preservation of local self-governance and the enhancement of county and municipal home rule
authority. We believe, as the government closest to the people, that local control is essential to
meeting the needs of our diverse communities and affirms the principles of representative
democracy. Therefore, we support legislative action that strengthens county and municipal
authority so that local elected officials may effectively respond to the needs of their citizens.
COMMUNICATIONS SERVICES TAX SIMPLIFICATION LAW
We SUPPORT legislation that continues to simplify and enhance Florida's state and local fiscal
policy relative to the communications industry, such that accurate tax rates are established;
replaced revenue streams are protected; proper statewide jurisdictional situsing is mandated; state
auditing information is shared with local governments; and local rights-of-way and cable franchise
authority is maintained.
BILLBOARDS
We SUPPORT legislation maintaining local government authority to regulate outdoor advertising,
including reasonable amortization schedules for non-conforming uses.
CONSTRUCTION & DEMOLITION (C & D) DEBRIS
We SUPPORT legislation that encourages the recycling of construction and demolition debris
(C&D), provided such legislation does not materially impair existing local franchise agreements for
solid waste or recycling services nor impair local government authority to regulate for the protection
of public health, safety and welfare, including the establishment of new local franchise agreements.
Additionally, we SUPPORT legislation that requires liners at construction and demolition debris
landfills where appropriate for environmental protection, provided that these requirements do not
encourage the acceptance of non C & D waste, and are implemented in a phased approach.
STATE AND LOCAL TAX REFORM
We SUPPORT legislation simplifying and stabilizing Florida's state and local revenue structure so
that local fiscal autonomy and flexibility is enhanced.
FIRE PROTECTION SERVICES
We SUPPORT the preservation of local decision-making authority to determine minimum staffing
requirements for fire protection services.
COPYRIGHT OF GOVERNMENTAL SOFTWARE
We SUPPORT legislation allowing local government to obtain and hold copyrights for data
processing software created by the local government and to enforce its rights pertaining to such
copyright.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~./~- - REGULAR MEETING OF MARCH 6, 2001
PERMANENT STREET CLOSURE/NE IsT AVENUE
DATE:
MARCH 2, 2001
This is before Commission to consider a request for permanent closure of a portion of NE 1~ Avenue
right-of-way, between Atlantic Avenue and NE 1~ Street, associated with the expansion of Old
School Square.
I am concerned about losing 24 parking spaces in an area of downtown where parking is in very short
supply. We had some discussions at the staff level about recommending that the City agree to dose
the street, but not dose it until the parking was replaced. This would be possible since none of the
structures in the bandshell/amphitheater project actually are on the right-of-way. Old School Square
is opposed to that approach, however, because they would loose about one-third of the spectator area
for the bandshell, it would increase the ultimate cost of the project and the curb and planters would
be trip hazards during events at the bandshell. As an alternative, they have offered to provide valet
service during Old School Square events to offset the loss of the 24 spaces. This would be an
acceptable solution, and I recommend approval of the street closure subject to such valet service
being provided.
Ref~gmemol4.PermanentStreetClosure3-6-01
TO:
THRU:
FROM:
SUBJECT:
DAN MARFINO, SENIOR PLANNER~'~
IID ZONING
MEETING OF MARCH 6, 2001
CLOSURE OF A PORTION OF THE N.E. iST AVENUE RIGHT-OF-WAY,
BETWEEN ATLANTIC AVENUE AND N.E. '1sT STREET, ASSOCIATED WITH
THE EXPANSION OF OLD SCHOOL SQUARE.
" ~"" BACKGROUND, ~ '/,', ,: ~i!~;~!~:',
The request involves the closure of a 50' x 320' (approximate) portion of the N.E. 1st Avenue
right-of-way. A 160' segment to the north, and a 120' segment to the south will remain open,
providing access to the former Goodwill Building and the Old School Square Bread Company,
respectively. In addition, access to the CRA Parking lot (adjacent to the east) will be provided
at the interior terminus of each segment.
Old School Square, Inc., who leases the entire block to the west from the City, is the
applicant. The closure is being requested in order to accommodate the expansion of the Old
School Square facility. Expansion plans include the construction of an outdoor
bandshell/amphitheater and ancillary support structures (concession stand, rest rooms, sound
& lighting building, loggia, etc.). A portion of the seating area will be located within the N.E. 1st
Avenue right-of-way. A site plan modification is currently in process for the described
expansion. Future phases of the Master Plan include the acquisition of the CRA parking lot,
construction of a multi-level parking garage, and additional cultural facilities.
The proposed closure will eliminate 27 on-street parking spaces. However, three spaces will
be gained with a resulting minor reconfiguration of the CRA parking lot, for a net loss of 24
parking spaces.
'PLANNING AN~! ZONI~i~BOA~D:!coNs!DERATi~' ~'~'"~'"'~ '!
At its meeting of February 26, 2001, the Planning and Zoning Board considered the request at
a public hearing. One person from the public spoke against the closure. After reviewing the
staff report the Board had an extended discussion centering on issues, such as: the
appropriateness of closing the street at this time, the fact that there is no guarantee that future
phases of the master plan (specifically the parking garage) will ever come to fruition, and the
loss of 24 parking spaces in the downtown. Board Member Lloyd Hassner made a motion to
recommend approval of the street closure of NE 1st Avenue, with the attached
recommendations: 1.) The street not be closed until construction of the bandshell begins, and
2.) Encourage the City Commission to convert the one-way pairs (NE 1st St. & S.E. 1st. St.),
back to two-way traffic. The motion failed on a 3 to 3 vote.
RECOMMENDED ACTI~'~'' ~',, ~"~ ',
By motion, approve the closure of the described portion of N.E. 1st Avenue right-of-way,
associated with the expansion of Old School Square.
Attachment:
· P & Z Staff Report of February 26, 2001
S:\ P&Z~boards\citycomrnission\OSS-StrCIo-CCDoc.doc
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
February 26, 2001
IV.A.
Permanent Street Closure of a Portion of N.E. 1st Avenue,
Between Atlantic Avenue and N.E. 1st Street, Associated with the
Expansion of Old School Square.
ATLANTIC
Owner ........................................ General Public
Applicant .................................. Robert G. Curde Partnership,
Inc.
Agent ......................................... Jose Aguila
Location ..................................... N.E. 1st Avenue, between
Atlantic Avenue and N.E. 1st
Street
Property Size ............................. 0.258 Acre
Existing F.L.U.M. Designation.. Other Mixed Use
Current Zoning .......................... OSSHAD (Old School Square
Historic Arts District)
Existing Land Use ..................... Improved right-of-way
Proposed Land Use .................. Closure of the right-of-way in
order to facilitate the expansion
of Old School Square.
Water Service ........................... n/a
Sewer Service ........................... n/a
N W 2N0 ST N E 2ND ST
AVENUE
S W 1ST ST
$ [ 1 ST
ST
~~3 S~W iND~;~.~ ~~~ ~i_~_~ST S E 2ND ~ ~-~ u~
IV.A.
iTEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on the proposed closure of a portion of N.E. 1st Avenue, between
Atlantic Avenue and N.E. 1st Street, associated with the expansion of Old School
Square.
BACKGROUND & DESCRIPTION
The closure is being requested in order to accommodate the expansion of Old
School Square, which plans to build an outdoor bandshell/amphitheater, and
ancillary support structures. A portion of the seating area will be located within
the N.E. 1st Avenue right-of-way. A site plan modification is currently in process
for the described expansion. Phase II of the Master Plan includes acquisition of
the CRA parking lot, construction of a multi-level parking garage and additional
cultural facilities.
The multi-phased master plan was developed as a result of the Old School
Square Design Charrette, conducted January 22, 2000. The participants included
members the Old School Square Board, the CRA, representatives of the City,
local design professionals, and the public.
N.E. 1st Avenue is 50 feet wide and provides for two-way traffic (north-south)
between Atlantic Avenue (two-way, east-west) and N.E. Ist Street (one-way,
west).
The portion of N.E. 1st Avenue proposed for closure is approximately 320 feet
long, and located mid-block. The south 120 feet and the north 160 feet of N.E.
ST
1 Avenue would remain open. Access to the CRA parking lot and N.E. 2nd
Avenue (Pineapple Grove Way), via the parking lot and alley, will be provided at
the interior terminus of both the north and the south segments, thereby not
creating a dead end situation.
The proposed closure will eliminate 27 on-street parking spaces. However, three
spaces will be gained with a resulting minor reconfiguration of the CRA parking
lot, for a net loss of 24 parking spaces.
ANALYSIS J
The established criteria for evaluating street closure requests (or Traffic Pattern
Modifications), are based upon the altering of a certain traffic pattern in order to
achieve a residential neighborhood purpose, such as the reduction of through
traffic, reduction in speed of traffic, or crime control. Normally, requests involve a
"point of access" closure by means of a physical barrier (such as a landscape
planter), which alters the existing traffic pattern, to achieve the desired result.
Plannin.cl and Zoning Board Staff Report
N.E. lSTAvenue Closure
Page 2
This request is different in two respects. First, the proposed closure is located in
a commercial area, not a residential neighborhood. Second, the proposed
closure is not a point of access barrier, but an alternate use for the right-of-way.
It should be noted that this type of closure is not without precedent, as
construction of the City's Tennis Stadium in 1993 incorporated a portion of the
N.W. 1st Street right-of-way. This was however, done before the established
criteria for street closures was adopted in 1996.
More recently, a portion of S.W. 3rd Street was closed in order to accommodate
parking for Merritt Park. This closure was located in a residential neighborhood,
and justification included: providing parking to encourage use by families; and to
deter drug activity, for which the through street provided easy access.
In order to properly evaluate the proposed street closure, staff felt it necessary to
develop new criteria, which would accurately address this specific situation, as
the existing criteria simply did not apply.
The following four (4) review items were established:
1, Is access denied or otherwise severely impaired to any parcel?
Parcels immediately adjacent to the closure area are either part of the Old
School Square facility or the CRA parking lot. One access point to the CRA
parking lot will be eliminated due to the closure, however two points of access
from 1st Avenue will remain.
The Old School Square Bread Company (NE corner of NE 1st Ave. & Atlantic
Ave.) utilizes NE 1st Avenue for primary access to its parking area. In addition,
the former Goodwill building (SE corner of NE 1st Ave. & NE 1st St.) utilizes NE
1st Avenue for primary access and parking. NE 1st Avenue will remain open
adjacent to these properties. Thus, access to both parcels will remain the same.
2. Will the closure adversely affect emer.qency routin.q for Police or Fire
Deparment response?
The Police and Fire Departments have reviewed the requested closure, and have
stated that it will not impede emergency response routing to the surrounding
area.
3. Will the closure adversely impact the provision of utilities to the
surroundin~ area?
As the right-of-way is not being abandoned, utility service will not be affected by
this request.
Planning and Zoning Board Staff Report
N.E. lSd-Avenue Closure
Page 3
4. Is the intended use of the right-of-way a public benefit? If so, does the
proposed benefit outweigh the current public benefit received from the
existin_cl use?
As stated previously, the intended purpose of the closure is to accommodate the
expansion of the Old School Square facility, through the addition of an outdoor
bandshell/amphitheater. In addition to the obvious benefit the City will receive as
a result of the outdoor entertainment complex, this proposal will help to achieve
the of the goal of improving our recreational and cultural facilities, as outlined the
following portions of the City's Comprehensive Plan:
Future Land Use Element:
Policy C-3.1 The City of Delray Beach hereby acknowledges the role of
Culture and the Arts in Economic Development and pledges in pursuit of a
theme of this Comprehensive Plan -- A Renaissance Community -- the
promotion of the arts and accommodation of cultural activities for economic
development ends.
Recreation & Open Space Element:
Policy A-2.'I The City shall provide additional park, recreation, and open
space facilities through enhancement of existing facilities, major capital
improvements, and the provision of new services to geographic areas which
do not have facilities readily available to them.
Policy A-3.2 The role of the Parks and Recreation Department in fulfilling
community needs in culture and the arts shall continue to focus on programs.
Private and quasi-public groups (e.g. Old School Square Foundation, Public
Library, Atlantic Avenue Merchants Association, Historic Society, etc.) should
be encouraged to provide facilities necessary to accommodate the arts (e.g.
auditorium, indoor concerts, and the performing arts). The City shall provide
reasonable assistance to such groups in as much as such efforts relate to the
overall economic development of the community.
Based upon the above policies, the closure will serve a public benefit by
promoting the arts and accommodating cultural activities.
While there is an identified benefit to the closure, there are two drawbacks: the
loss of a through street in the downtown, and the loss of an estimated 24 parking
spaces.
This portion of N.E. 1st Avenue experiences Iow amounts of traffic relative to
other streets in the downtown. This is due in large part to the existing circulation
patterns. The intersection NE 1st Avenue and Atlantic Avenue is not signalized,
and is difficult to cross at most times of the day because of traffic and stacking on
Atlantic Avenue. To the north, NE 1st Street is one way west, again with no
signal. Thus, there would be little reason for east or west bound traffic on Atlantic
Avenue to utilize this portion of NE 1st Avenue as a through street, with the
exception of directly accessing a small amount residential north of NE 1st Street,
Planni~n+q and Zoning Board Staff Report
N.E. 1°-Avenue Closure
Page 4
or to avoid the light at Atlantic Avenue & Swinton Avenue (when traveling north).
While there is the possibility of converting N.E. 1st Street to a two-way street in
the future, closing NE 1st Avenue will not negatively impact the conversion.
In addition, NE 1st Avenue is routinely closed for special events such as the
Delray Affair, GarlicFest, and First Night. During the Holiday season it is closed
for almost two months to facilitate the staging and activities associated with the
City's Christmas Tree. The impact of these closures appears to be easily
absorbed on the surrounding street network.
The replacement of the 24 parking spaces is not addressed by this proposed
closure or expansion of the Old School Square facility. However, a parking
management plan has been submitted which addresses special events at the
amphitheater. The plan includes better utilization of existing parking facilities,
additional lighting, and a shuttle service. Future phases of the Old School
Square expansion propose the acquisition of the CRA parking lot and
construction of a multi-level parking facility. These plans are only proposed, and
there is no guarantee it will come to fruition.
REVIEW BY OTHERS
The following Boards and Agencies reviewed the proposed closure:
Community Redevelopment Board (CRA):
The CRA reviewed the proposed closure at its January 25, 2001 meeting, and
recommended approval of the Request.
Downtown Development Authority (DDA):
The DDA reviewed the proposed closure at its January 17, 2001 meeting and
again at its meeting of February 21, 2001, and recommended approval of the
Request. At the January 17 meeting, the DDA did express concerns that the
street closure could negatively impact the staging area for the City's Christmas
Tree. Subsequent to this meeting, the applicant modified the proposed site plan
in order to alleviate these concerns.
The DDA formally recommended approval of the closure at its February 21, 2001
meeting.
Historic Preservation Board (HPB):
The HPB reviewed the proposed closure at its February 7, 2001 meeting, and
recommended approval (4-2), with the attached recommendations that the lost
parking spaces should be replaced, and the alley on the south end of the CRA
parking lot, should be widened to better accommodate two-way traffic. While the
alley is 16 feet wide, the asphalt area is least 20 feet wide in many areas,
especially where the back-out parking and loading areas exist. This situation
currently functions well as most vehicles utilizing the alley will be accessing the
parking.
Planning and Zoning Board Staff Report
N.E. lSTAvenue Closure
Page 5
Development Services Management Group (DSMG):
The DSMG reviewed the proposed closure at its January 25, 2001 meeting, and
recommended approval of the request.
Parking Management Advisory Board (PMAB):
The PMAB reviewed the proposed closure at its February 13, 2001 meeting, and
recommended approval (6-2) of the Request. Concern amongst the dissenting
voters centered on tying the street closure to the construction of the parking
garage, and the opposition of closing a street in the downtown.
Courtesy Notices:
Courtesy notices have been provided to the following:
Chamber of Commerce
PROD - Progressive Residents of Delray
Presidents Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection or support, if any, will be provided at
the Planning and Zoning Board meeting.
ASSESSMENT J
The impact of the proposed closure of N.E. 1st Avenue on the surrounding street
network appears to be minimal. The benefit the City will receive is the resulting
expansion and enhancement of its flagship cultural facility, Old School Square.
The City's Comprehensive Plan has acknowledged the enhancement of the
cultural resources as a driving force in the economic development of the
community. In addition, the Comprehensive Plan identifies the need for
upgrading and expanding the City's recreational facilities. The requested street
closure helps to fulfill these goals. Staff recommends Approval.
ALTERNATIVE ACTIONS
1. Continue with direction.
2. Recommend to the City Commission approval of the street closure.
3. Recommend to the City Commission denial of the street closure.
Planning and Zoning Board Staff Report
N.E. lSTAvenue Closure
Page 6
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of the closure of a
portion of N.E. 1st Avenue, between Atlantic Avenue and N.E. 1st Street,
associated with the expansion of Old School Square.
Attachments:
· Location Map
· Reduced Site Plan
· Aerial Photograph
File: S.\Planning&Zoning\Boards\P&Z~NE 1" Ave Closure.doc
CITY O~' DELRAY BEACH, FL
PLANNING x,. ZONING DEPARTMENT
N.E. 1ST AVENUE CLOSURE
(ASSOCIATED WITH OLD SCHOOL SQUARE EXPANSION)
-- OlGII',41 8.4S~ li/.4P S)'SI'~t/ --
N.E. 1ST
STREET
II
OLD
~CHOOL
~OUAtRE
,k-
ATLANTIC AVENUE
CITY OF DELRAY BEACH, FL
PLANNING ~ ZONING DEPARTIVIENT
-- O/GIT,~ BASE MAP $)"~TEtl --
N.E. 1ST AVENUE CLOSURE
(ASSOCIATED W/OLD SCHOOL SQUARE EXPANSION)
I \---
I am concerned about losing 24 parking spaces in an area of downtown where parking is in very short
supply. We had some discussions at the staff level about recommending that the City agree to close the
street, but not close it until the parking was replaced. This would be possible since none of the structures in
the bandshell/amphitheater project actually are on the right-of-way. Old school Square is opposed to that
approach, however, because they would loose about one-third of the spectator area for the bandshell, it
would increase the ultimate cost of the project and the curb and planters would be trip hazards during
events at the bandshell. As an alternative, they have offered to provide valet service during Old School
Square events to offset the loss of the 24 spaces. This would be an acceptable solution, and I recommend
approval of the street closure subject to such valet service being provided.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
February 26, 2001
IV.A.
Permanent Street Closure of a Portion of N.E. 1st Avenue,
Between Atlantic Avenue and N.E. 1st Street, Associated with the
Expansion of Old School Square.
Owner ........................................ General Public
Applicant ................................... Robert G. Currie Partnership,
Inc.
Agent ......................................... Jose Aguila
Location ..................................... N.E. 1st Avenue, between
Atlantic Avenue and N.E. 1st
Street
Property Size ............................. 0.258 Acre
Existing F.L.U.M. Designation.. Other Mixed Use
Current Zoning .......................... OSSHAD (Old School Square
Historic Arts District)
Existing Land Use ..................... Improved right-of-way
Proposed Land Use .................. Closure of the right-of-way in
order to facilitate the expansion
of Old School Square.
Water Service ........................... n/a
Sewer Service ........................... n/a
N W 2ND ST N E
T~~sCHOOL '
ATLANTIC
SW lC4T ST SE. 1ST ST
2ND ST
AVENUE
IV.A.
[ -.~ J. ITEMBEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on the proposed closure of a portion of N.E. 1st Avenue, between
Atlantic Avenue and N.E. 1st Street, associated with the expansion of Old School
Square.
BACKGROUND & DESCRIPTION
The closure is bei.ng-requested in order to accommodate the expansion of Old
School Square, which plans to build an outdoor bandshell/amphitheater, and
ancillary support structures. A portion of the seating area will be located within
the N.E. 1st Avenue right-of-way. A site plan modification is currently in process
for the described expansion. Phase II of the Master Plan includes acquisition of
the CRA parking lot, construction of a multi-level parking garage and additional
cultural facilities.
The multi-phased master plan was developed as a result of the Old School
Square Design Charrette, conducted January 22, 2000. The participants included
members the Old School Square Board, the CRA, representatives of the City,
local design professionals, and the public.
N.E. 1st Avenue is 50 feet wide and provides for two-way traffic (north-south)
between Atlantic Avenue (two-way, east-west) and N.E. 1st Street (one-way,
west).
The portion of N.E. 1st Avenue proposed for closure is approximately 320 feet
long, and located mid-block. The south 120 feet and the north 160 feet of N.E.
1sT Avenue would remain open. Access to the CRA parking lot and N.E. 2nd
Avenue (Pineapple Grove Way), via the parking lot and ~lley, will be provided at
the interior terminus of both the north and the south segments, thereby not
creating a dead end situation.
The proposed closure will eliminate 27 on-street parking spaces. However, three
spaces will be gained with a resulting minor reconfiguration of the CRA parking
lot, for a net loss of 24 parking spaces.
ANALYSIS
The established criteria for evaluating street closure requests (or Traffic Pattern
Modifications), are based upon the altering of a certain traffic pattern in order to
achieve a residential neighborhood purpose, such as the reduction of through
traffic, reduction in speed of traffic, or crime control. Normally, requests involve a
"point of access" closure by means of a physical barrier (such as a landscape
planter), which alters the existing traffic pattern, to achieve the desired result.
Planni_n..q and Zoning Board Staff Report
N.E. l~[Avenue Closure
Page 2
This request is different in two respects. First, the proposed closure is located in
a commercial area, not a residential neighborhood. Second, the proposed
closure is not a point of access barrier, but an alternate use for the right-of-way.
It should be noted that this type of closure is not without precedent, as
construction of the City's Tennis Stadium in 1993 incorporated a portion of the
N.W. 1st Street right-of-way. This was however, done before the established
criteria for street closures was adopted in 1996.
More recently, a portion of S.W. 3rd Street was closed in order to acc0mm(~date
parking for Merritt Park. This closure was located in a residential neighborhood,
and justification included: providing parking to encourage use by families; and to
deter drug activity, for which the through street provided easy access.
In order to properly evaluate the proposed street closure, staff felt it necessary to
develop new criteria, which would accurately address this specific situation, as
the existing criteria simply did not apply.
The following four (4) review items were established:
1. Is access denied or otherwise severely impaired to any parcel?
Parcels immediately adjacent to the closure area are either part of the Old
School Square facility or the CRA parking lot. One access point to the CRA
parking lot will be eliminated due to the closure, however two points of access
from 1st Avenue will remain.
The Old School Square Bread Company (NE comer of NE Ist Ave. & Atlantic
Ave.) utilizes NE 1st Avenue for primary access to its parking area. In addition,
the former Goodwill building (SE corner of NE 1st Ave. & NE 1st St.) utilizes NE
1st Avenue for primary access and parking. NE Ist AWenue will remain open
adjacent to these properties. Thus, access to both parcels will remain the same.
2. Will the closure adversely affect emergency routing for Police or Fire
Deparment response?
The Police and Fire Departments have reviewed the requested closure, and have
stated that it will not impede emergency response routing to the surrounding
area.
3. Will the closure adversely impact the provision of utilities to the
surrounding area?
As the right-of-way is not being abandoned, utility service will not be affected by
this request.
Planni_n_q and Zoning Board Staff Report
N.E. lS~Avenue Closure
Page 3
4. Is the intended use of the right-of-way a public benefit? If so, does the
proposed benefit outweiqh the current public benefit received from the
existing use?
As stated previously, the intended purpose of the closure is to accommodate the
expansion of the Old School Square facility, through the addition of an outdoor
bandshell/amphitheater. In addition to the obvious benefit the City will receive as
a result of the outdoor entertainment complex, this proposal will help to achieve
the of the goal of improving our recreational and cultural facilities, as outlined the
following portions of the City's Comprehensive Plan:
Future Land Use Element:
Policy C-3.1 The City of Delray Beach hereby acknowledges the role of
Culture and the Arts in Economic Development and pledges in pursuit of a
theme of this Comprehensive Plan -- A Renaissance Community -- the
promotion of the arts and accommodation of cultural activities for economic
development ends.
Recreation & Open Space Element:
Policy A-2.1 The City shall provide additional park, recreation, and open
space facilities through enhancement of existing facilities, major capital
improvements, and the provision of new services to geographic areas which
do not have facilities readily available to them.
Policy A-$.2 The role of the Parks and Recreation Department in fulfilling
community needs in culture and the arts shall continue to focus on programs.
Private and quasi-public groups (e.g. Old School SqUare Foundation, Public
Library, Atlantic Avenue Merchants Association, Historic Society, etc.) should
be encouraged to provide facilities necessary to accommodate the arts (e.g.
auditorium, indoor concerts, and the performing arts). The City shall provide
reasonable assistance to such groups in as much as such efforts relate to the
overall economic development of the community.
Based upon the above policies, the closure will serve a public benefit by
promoting the arts and accommodating cultural activities.
While there is an identified benefit to the closure, there are two drawbacks: the
loss of a through street in the downtown, and the loss of an estimated 24 parking
spaces.
This portion of N.E. 1st Avenue experiences Iow amounts of traffic relative to
other streets in the downtown. This is due in large part to the existing circulation
patterns. The intersection NE 1st Avenue and Atlantic Avenue is not signalized,
and is difficult to cross at most times of the day because of traffic and stacking on
Atlantic Avenue. To the north, NE 1st Street is one way west, again with no
signal. Thus, there would be little reason for east or west bound traffic on Atlantic
Avenue to utilize this portion of NE 1st Avenue as a through street, with the
exception of directly accessing a small amount residential north of NE 1st Street,
Planni_n_q and Zoning Board Staff Report
N.E. 1S/Avenue Closure
Page 4
or to avoid the light at Atlantic Avenue & Swinton Avenue (when treveling north).
While there is the possibility of converting N.E. 1st Street to a two-way street in
the future, closing NE 1st Avenue will not negatively impact the conversion.
In addition, NE 1st Avenue is routinely closed for special events such as the
Delray Affair, GarlicFest, and First Night. During the Holiday season it is closed
for almost two months to facilitate the staging and activities associated with the
City's Christmas Tree. The impact of these closures appears to be easily
absorbed on the surrounding street network.
The replacement of the 24 parking spaces is not addressed by this proposed
closure or expansion of the Old School Square facility. However, a parking
management plan has been submitted which addresses special events at the
amphitheater. The plan includes better utilization of existing parking facilities,
additional lighting, and a shuttle service. Future phases of the Old School
Square expansion propose tl~e acquisition of the CRA parking lot and
construction of a multi-level parking facility. These plans are only proposed, and
there is no guarentee it will come to fruition.
REVIEW BY OTHERS
The following Boards and Agencies reviewed the proposed closure:
Community Redevelopment Board (CRA):
The CRA reviewed the proposed closure at its January 25, 2001 meeting, and
recommended approval of the Request.
Downtown Development Authority (DDA):
The DDA reviewed the proposed closure at its January 17, 2001 meeting and
again at its meeting of February 21, 2001, and recommended approval of the
Request. At the January 17 meeting, the DDA did express concerns that the
street closure could negatively impact the staging area for the City's Christmas
Tree. Subsequent to this meeting, the applicant modified the proposed site plan
in order to alleviate these concerns.
The DDA formally recommended approval of the closure at its February 21, 2001
meeting.
Historic Preservation Board (HPB):
The HPB reviewed the proposed closure at its February 7, 2001 meeting, and
recommended approval (4-2), with the attached recommendations that the lost
parking spaces should be replaced, and the alley on the south end of the CRA
parking lot, should be widened to better accommodate two-way traffic. While the
alley is 16 feet wide, the asphalt area is least 20 feet wide in many areas,
especially where the back-out parking and loading areas exist. This situation
currently functions well as most vehicles utilizing the alley will be accessing the
parking.
Planni~ng and Zoning Board Staff Report
N.E. lS~Avenue Closure
Page 5 ~ -
Development Services Management Group (DSMG):
The DSMG reviewed the proposed closure at its January 25, 2001 meeting, and
recommended approval of the request.
Parking Management Advisory Board (PMAB):
The PMAB reviewed the proposed closure at its February 13, 2001 meeting, and
recommended approval (6-2) of the Request. Concern amongst the dissenting
voters centered on tying the street closure to the construction of the parking
garage, and the opposition of closing a street in the downtown.
Courtesy Notices:
Courtesy notices have been provided to the following:
Chamber of Commerce
PROD - Progressive Residents of Delray
Presidents Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection or support, if any, will be provided at
the Planning and Zoning Board meeting.
ASSESSMENT
The impact of the proposed closure of N.E. 1st Avenue on the surrounding street
network appears to be minimal. The benefit the City will receive is the resulting
expansion and enhancement of its flagship cultural facility, Old School Square.
The City's Comprehensive Plan has acknowledged the enhancement of the
cultural resources as a driving force in the economic development of the
community. In addition, the Comprehensive Plan identifies the need for
upgrading and expanding the City's recreational facilities. The requested street
closure helps to fulfill these goals. Staff recommends Approval.
ALTERNA~VE ACTIONS
1. Continue with direction.
2. Recommend to the City Commission approval of the street closure.
3. Recommend to the City Commission denial of the street closure.
Planni,n,g and Zoning Board Staff Report
N.E. 1°'Avenue Closure
Page 6
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of the closure of a
portion of N.E. 1st Avenue, between Atlantic Avenue and N.E. 1st Street,
associated with the expansion of Old School Square.
Attachments:
· Location Map
· Reduced Site Plan
· Aerial Photograph
File: S:\Planning&Zoning\Boards\P&Z~NE 1st Ave Closure.doc
N.E. 1ST STREET
I
OLD ,,, C.~ G
SCHOOL z
SOUAf~E<
ATLANTIC AVENUE
N.E. 1ST AVENUE CLOSURE
~ (ASSOCIATED W/OLD SCHOOL SQUARE EXPANSION)
CITY OF DB. RAY BEACH. FL ~
Pt. ANNIN(~B. ZONING DEPART'MEN'TD -DENOTEBASIQNAUZEDI~ = = -DENOTESDIR~CTIONAL~
N
C~TY 0~' DFLRAY BEACH. FL
PLANNING &~ ZONING DEPARTMENT
N.E. 1ST AVENUE CLOSURE
(ASSOCIATED WITH OLD SCHOOL SQUARE EXPANSION)
-- DIGITAL BASE 444P SYcJT£M --
TO:
THRU:
FROM:
SUBJECT:
DA~~T. H~,CITY MANAGER
PA~CTOR OF PLANNING AND ZONING
R~BERT G. TEFFT,'ASSlSTANT PLANNER
MEETING OF MARCH 6, 2001 ***CONSENT AGENDA***
CONSIDERATION OF A REQUEST TO ALLOW ONE 1~440 SQ. FT.
TEMPORARY MODULAR BUILDING AT THE LANG CONSTRUCTION AND
MAINTANENCE PROPERTY~ LOCATED ON THE EAST SIDE OF SOUTH
CONGRESS AVENUE, APPROXIMATELY 350' NORTH OF THE SOUTHERN
CITY LIMITS (3185 SOUTH CONGRESS AVENUE).
This request is in conjunction with a development proposal for the Lang Construction and
Maintenance property, which includes the renovation of the former State of Florida Vehicle
Inspection Building to a contractor's office, the installation of security fencing for the purpose of
storing service and construction vehicles, and the installation of associated landscaping. The
Class II Site Plan Modification for the proposed improvements is tentatively scheduled for review
by SPRAB at its meeting of March 28, 2001.
The applicant is requesting the placement of one 1,440 sq. ft. temporary modular building on the
property for use as an office for a period of one (1) year while the proposed building
improvements are being implemented. The use of a temporary modular building will provide the
facilities necessary in order to establish business operations, as well as act as a construction
office 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.
The modular building is proposed to be located north of the existing building within an existing
landscape island. The installation of the modular building at its proposed location will not
adversely impact the neighboring area. The site modification has been designed in a manner so
City Commission Documentation
Meeting of March 6, 2001
Lang Construction Modular Building
Page 2
that no disruption to the circulation within the parking area will be created. While an existing
landscape island will be temporarily eliminated, there is a landscape area of approximately one
(1) acre in size between South Congress Avenue and the existing building and paved areas of
the property. The waiver will not create an unsafe situation or result in a special privilege as
similar waivers have been granted to others. As the modular building is to be used in part as a
construction office for 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 Lang Construction and Maintenance property, based upon
positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions:
1. That a site plan modification be processed and approval obtained from the Site Plan Review
and Appearance Board;
2. That the modular building not be installed until a building permit is issued for the proposed
building renovation;
3. That the modular unit be removed after a period of one (1) year from the time of installation;
and,
4. That the site be fully restored in compliance with the approved site plan and landscape plan
once the modular building is removed.
Attachments:
~ Proposed Site Plan
a Existing Landscape Plan
i-T
~ J~ 0~£
.,
MEMORANDUM
TO:
David T. Harden, City Manager
FROM: ~bert A. Barcinski, Assistant City Manager
DATE:
February 28, 2001
SUBJECT: Agenda Item City, Commission Meeting March 6~ 2001
Parking Lot Naming
Action
City Commission is requested to consider approval of the proposed list of names for City
Parking Lots being proposed by the Downtown Development Authority as part of the
Phase II Wayfinding (decorative) sign project.
Background
In developing the final signage package for the Phase II Wayfinding/Directional sign
program, it was suggested that City parking lots be given formal names. The purpose of
naming the lots was (1) to provide standardization and (2) to help visitors find lot
locations. It was noted that except for most of the beach lots, different people referred to
the lots by different names.
The Downtown Development Authority had requested suggestions for names from
Delray Beach Historic Preservation Board. The attached list reflects their
recommendations, except for #3 which they recommended "Orange Grove", #9 which
they recommended "Ocean City" and #11 which they recommended "Farmers Market".
Recommendation
Staff recommends consideration of approval of the recommended parking lot names as
presented by the Downtown Development Authority accepting the Historic Prevention
Boards recommendation for Lot's 3 and 9.
RAB:jaf
file uagenda361.doc
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
FROM:
DATE:
SUBJECT:
Directional / Informational Signage Committee
Marjorie Ferrer, Executive Director
Downtown Development Authority
February 21, 2001 L~
R~C£1 VED
HISTORIC NAME DESIGNATION FOR DOWNTOWN PARKING
LOTS
The following names have been suggested for naming of the downtown parking lots for
the Pedestrian Wayfinding Signs for Phase II. These same names will be coordinated
with the printing of the 2001 downtown map, ready to be printed.
Parking Lot
Proposed Name
1. Ingraham Park Ingraham
2. Sandoway House Sandoway
3. Marriott North lot Beach
4. Veterans Park Veterans
5. Blanc House (Vittorio's) Gladiola
6. Ace Hardware Village
7. Chamber / Library Old City
8. Hand's Rail Road
9. CRA lot (Craige's) Old School Square
10. Worthing Park Worthing
11. CRA Lot ( Dunkin Donuts) Monterey House
12. Cason Cottage Cason Cottage
13. Bankers Row Bankers Row
Please review the suggested names and contact my office with any comments by
Monday, Feb. 26.
Your input and feedback is very important to the success of this project.
Thanks in advance for your support.
Encl: Committee List
64-A S.E. Fifth Avenue, Delray Beach, Florida 33483 · (561) 278-0424 · Fax (561) 278-0555
A Florida Main Street Community
199~
COMMITTEE UST:
City Staff:
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Lula Buffer, Director, Community Improvement
Rich Connell, Ocean Rescue Headquarters
Lt. Geoffrey Williams, Police Department
Paul Dorling, Director, Planning & Zoning
Randal Krejcarek, City Engineer
Hoyt Owens, Deputy Director, Public Works
Harold Bellinger, Superintendent of Streets
Jerry Sanzone, Chief Building Official
John Tomaszewski, Assistant Fire Chief
Joe Weldon, Director, Parks & Recreation
Major Larry Schroeder, Police Department
Ron Hoggard, Senior Planner (Redevelopment), City of Delray Beach
Dan Marfino, Senior Planner, City of Delray Beach
Larry T. Kelly, Flodda Department of Transportation
Mike Morrow, Flodda Department of Transportation
John Bennett, President, Progressive Resident of Delray
Diane Dominguez, Executive Director, Community Redevelopment Agency
Robert Curde, Architect
John Bennett, Beach Property Owners Association
Perry DonFrancisco, Boston's Restaurant
Lou Waldmann, Pineapple Grove Main Street
Joe Gillie, Director, Old School Square
Bruce Gimmy, Trouser Shop
John Johnson, State Histodc Preservation Board
Michael Listick, Chairman Joint Venture
Rick Konsavage, Delray Beach Marriott Hotel
David Cook, Chairman, Downtown Merchant & BuSiness Assn.
Janet Onnen, Ocean City Lumber Entertainment Complex
Renee Chdstainsen, Dakotah 624
Robin Bird, Chairman, Planning & Zoning Board
Shelley Teadwell, Economic Development Mgr., CRA
Clay Wideman, President, Delray Merchants Association
Bill Wood, President, CEO, Chamber of Commerce
Frank Wheat, Chairman, DDA
Kathy Aguirre, Economic Development & Govt Affairs
[ITY OF DELRI:IY BEI:I[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
AiI.Amedca City
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wnter's Direct Line' 5611243-7091
February 23, 2001
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Settlement Offer - Jenkins v. City
This case arose out of the arrest of the Plaintiff, Lavern Jenkins, on August 1, 1999.
Police officers from the City were following a stolen vehicle when the occupants stopped
the car and bailed out, the officers set up a perimeter in the vicinity of the bail out. Mr.
Jenkins was attempting to exit from the perimeter when our officers attempted to
question him. Mr. Jenkins fled on foot with our officers following Mr. Jenkins in an
attempt to still question him. When the police officers finally caught up to Mr. Jenkins
he abruptly turned around and tried to hit one of our officers, a struggle followed which
resulted in the arrest of Mr. Jenkins. Mr. Jenkins was unable to pay his bail, therefore,
he spent approximately six months in jail before the charges were dismissed.
Mr. Jenkins, through his attorney has offered to settle this case for $87,500.00, inclusive
of attorney' s fees and costs. At this time our office recommends the denial of this offer.
By copy of this memo to the City Manager our office requests that this item be placed on
the March 6, 2001 City Commission agenda. Please call if you have any questions.
CC:
David Harden, City Manager
Alison Harty, City Clerk
Cathy Kozol, Police Legal Advisor
Stephen F. Radford, Jr. Esq.
Gene Montfort
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # (::~:: · REGULAR MEETING OF MARCH 6, 2001
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: MARCH 2, 2001
With the resignation of Doris Long-Sohn (see attached letter) from the Delray Beach
Housing Authority this creates a vacancy for an unexpired term ending March 6, 2002.
Per statute, an appointee may not be an officer or employee of the City. Further, each
housmg authority must have at least one member who ~s a resident, current in rent, of the
housing project or a person of low or very low income who resides within the housing
authonty's jurisdiction and is receiving rent subsidy through a program administered by the
authority. There ~s a resident-member currently serving on the Housing Authority.
The following have submitted apphcations for consideration:
Joseph M. Bemadel
Edward Desmond
Jeanette Slavin
Morris L. Weinman
Pursuant to Comrmss~on chrection, a check for possible liens/code violations was conducted.
None were found.
According to Florida Statutes, members are appointed by the Mayor and rattfied by the
Comrmsslon. However, at the City Commission meeting of June 5, 1991, a consensus was
reached whereby each Commissioner would, on an informal bas~s and according to the
rotauon procedure, make a recommendation to the Mayor as to the Housing Authority
appointees.
Based on this system, the recommendation/appointment will be made by Commissioner
Schwartz (Seat #3), subject to acceptance by Mayor Schmidt.
Recommend appointment of a regular member to the Delray Beach Housing Authority to fill
an unexpired term ending March 6, 2002.
~ / boardapptmcmo / dbha / 3 / 6 / O1
January 10, 2001
Doris Long-Sohn
1202 NE 9~ Avenue
Deiray Beach, Florida 33483
Pat Warren:
I hereby submit my resignation as a Gommi.~ioner office I~lray Beach Housing Authority effeaive
immediately due to personal res.sons.
RECEIVED
JAN ! 12001
CITY CLERK
'il'
'*~' BOARD MEMBER APPLICATION
199~
PI¢~ ~.'pe or prira the following information:
Lam Nm-ne:.
City
State
State
Zip Code[
Zip Code J
Zip Code'|
'~6. What Boerd(s) are you Inmrcmcd i~,,s¢~jng?
-sJ~-~-aJf C ;v./Boards on which yOu arc currcn:ly/~¢rving Or have previously ~erv~cl: ('Ple~ include dates)
_
8. Educational q~alificatJoqs:/, . _
9. LJ~I any ~)ated p~fe~ional ce~ificmi~s ~d )icen~s which you hold:
Iff Give 3our present, or most recent employer, >~d position:
~ ~ Fy,Z/
I 1. Descmbe experiences, skUls or knowl~ge which qual~ you to s~e on lhis b~d. (~le~qe a~eh a briefresume~
hereby certify that atl the above statements are true, and ! agree and understand that any
ntement of ma~ia! facts contained m this application ma~, cause forfeiture upon my part
tment~may~elve. ~ /2.
2't ~/
\,v, ----- '-
application will remain on fiJe L~ ~¢ City ~-f~rk's OIlice tbz a t~eriod of 2 years from the date"h
submitted. It will bo tho applicant's ~$ponsib~lity to ensure that a cu~e~! application is c~ file.
FEB 0 9 2001
CITY CLERK
JOSEPH M. BERNADEL
2901 CLINT MOORE ROAD, SUITE 158
BOCA KATON, FLORIDA 33496
Telephone 561 883-3457; Fax 561 883-5465
E-mail: haitimu~eum@~aol.corn; Website: www. sakpase.net
OB.1E~E
To promote education and fadlitate dialogue on cross-cultural issues, race
reconciliation, diversity and leadership among residents of our South Florida
community.
SUMMARY OF EXPEI~ENCE
Leadership experience as a U.S. Army Officer in increasingly responsible
and sensitive positions in The United States, Africa, Asia, Central Amedca and
the Caribbean for 22 years, with three years active duty on the Army Staff at the
Pentagon.
Professional experience as a Senior Military Instructor with emphasis on
Performance Odented Training in field and dassroom environment, Experience
with all aspects of curriculum development, design and delivery of hundreds of
hours of instruction.
Global competence as a US Military Attach6 (soldier-diplomat) in three
foreign countries; acquired conceptual and practical knowledge of Globalism as
comprising worldwide systems of contemporaneously influential events, options
and constraints: the human activity happening around the globe is
interconnected and interdependent.
Extensive international travels and fluency in five languages: French,
Spanish, Portuguese, Haitian-Creole, and English.
Prudential Youth Leadership National Trainer; received this highly
regarded certification by the Points of Ught Foundation.
Anti-Defamation League (ADL) Dialogue Facilitator; a $1.3 Million grant
awarded to ADL by the Quantum Foundation of Palm Beach County underwrote
the drive to train teachers and students of Palm Beach County schools in anti-
bias and anti-discrimination skills.
Extensive Community Service commitment in Palm Beach County.
Non-Profit management and grant writing experience, as CEO of a
Multicultural, not-for- profit Center.
Advocate for Education and Social Justice.
B~OGRAPHY
.. 1
Persgnah 3 year resident of Palm Beach County; Married 14 years to Victoria;
two children
Graduate studies in Latin American Studies with a concentration in
Caribbean politics. University of Flodda, Gainesville, Flodda.
Successfully defended thesis (1992).
Bachelor ]:n :Sciences in Business Administration, Hawaii Pacific
University, Honolulu Hawaii (1984)
Professional accomMishments:
Founder and Co-Director of the Toussaint Louverture Arts for Social
.lustice High School, a Charter school scheduled to open in Delray Beach in
August 2001.
Founder and President of the National Haitian Coalition, Inc. a not for
profit organization dedicated to bdnging together the more than 100000 Haitian
residents of South Flodda. (2000)
Founder and President of the .1ODI Training Institute, Inc. a training and
management consultancy operating in Flodda. (2000)
Founder and Vice-President of the Center for Training, Education and
Holistic Approaches, [nc (CETHA, ]:nc), a non-profit 501 c (3) organization
dedicated to the training and education of residents of Palm Beach County, using
a whole person (holistic) approach (2000).
Founder and President of the Haiti Museum of Arts and Culture, scheduled
to open in Delray Beach in 2004 as part of the Bi-centennial celebration of Haiti
independence. (1999)
CEO and Board president of the Hilagro Center, a 501 (c) 3 Rodda
organization dedicated to community development thru artistic endeavors (1999-
2000)
Graduate of Focus/Leadership Palm 8each County, an intensive
educaUonal program devoted to teaching about the community issues, problems
and how the county functions (1999).
Trainer in Drug Prevention and Drug Demand Reduction curriculum, with
extensive knowledge on how to develop and sustain an action plan for a
community anti-drug coalition (1992).
Partidpant at the State of the World Forum (Octl-6. 1999) in San
Francisco, a gathering of active worldwide community leaders supporting one
another in their ongoing efforts to envision and create a compassionate and
sustainable global civilization.
2
Conx~rate involvem~t:
· 1~ Vice-President for Government/Community relations, Delray Beach
Merchants Assodation, a consortium of minority merchants seeking a voice in
the development projects of Delray Beach West Atlantic Ave. (1999).
· Member, Delray Beach Chamber of Commerce (1999).
Member, Steedng Committee of the Delray Beach Downt:~vn Business District
Plan (2000).
Community Service:
· Director, Lake Worth Community Development Corporation (1999).
· Director, Wodd Centers of Compassion for Children, an initiative of Nobel
Peace Laureate Betty William to help orphans children worldwide (2000).
Treasurer and Parliamentarian, Palm Beach County Charter School Alliance, a
lobbying group promoting the interests and issues affecting Charter Schools
in Palm Beach County (2001).
Member, Palm Beach County School District, Executive Committee of the
Multicultural Task Force, charged with the development of the Haitian-
American Curdculum to be taught in all Palm Beach County schools (2000).
· Member, Palm Beach County School District, Safe Schools Task Force,
dedicated to seeking new ways to maintain our kids and schools safe from
violence (2000).
· Member, FAU-Quantum Foundation Uteracy Project, aiming to bdng literacy
to Haitian immigrants residing in Palm Beach County (2000).
· Member, FAt symposium on identity, Exile and At/grab'on: Caribbean Culture
and Arts in South F/or/da, to be held in March 2001.
Member, Advisory Board of the Haitian-American Educators Coalition, an
advocacy group examining issues affecting Haitian students in Palm Beach
County (2000).
· Member, Haitian Studies Association, a University of Massachusetts/Boston
organization dedicated to the promotion of academic research on Haiti and
Haitian issues both from a disciplinary and interdisciplinary perspectives
(2000).
· Member, KIWANIS Club of Delray, a community service organization (1999).
· Member, Palm Beach County Cultural Council, Fdends of Multiculturalism. A
support group for multicultural events in the county (2001).
.. 3
Member, Host Committee at the Norton Museum during E~e ~a¢ob Lawrence
Toussaint Louverture series exhibit (2000).
· Moderator, Colloquium on Outsider Arts, The Levenger forum in Delray Beach
- A Palm Beach County Cultural Council sponsored event. (2000)
Member, Community Chat of Delray Beach, a community group dedicated to
seeking, among other goals, peaceful solution to the conflicts between
Haitians and African-American youth (2000).
· Cc>Host, 8/ac~ on 8/acYcnes~, a facilitated panel discussion with audience
participation discussing similarities and differences among people of color and
what it means to be Black (1999).
· Team member of Citizens Emergency Response Team (CER'F) of Boca Raton,
a team of volunteer citizens paramedics organized to support Fire and Rescue
authorities during pedods of local emergencies (1999 - Present).
· Graduate of Citizen Police Academy of Boca Raton, an 11-week educational
program designed to familiarize citizens of Boca Raton with the internal
workings of the Police Dept. and emergency services.
Recent $1~eakina enaaaementsloresentation$:
· 3upiter High School, Peer trainers (ZOm and :[:~m graders)
· Lighthouse Elementary, Teachers (all grades)
· Indian Pines Elementary, Teachers (all grades)
· Galaxy Elementary, Teachers (all grades)
· Palm Beach County Health Care District, Supervisors and Staff
· Comprehensive Aids Program (CAP), Supervisors and staff
· Fellowship for Ethical Humanism, Members and Guests
· Abbey Delray Men Club, Members and Guests
4
1993
CiTY OF DELR. AY BEACH
BOARD MEMBER APPLICATION
se ~'~i~e ot ' ~ht ii, formation:
~. Lis; ~n.v ral~ p::~f~ional r.e~ificadons ,ncl licenses ~,'hich you hold:
ml~a~e~enr of materiel fm~s c~n:a/ne~ in this mpp//~ion may cause ~o~e/~ure upon
~GNA~E
,NIotc: T~i.~ appl:ea:ion wi]l Rm~n on file in ~e Ci~ Clerk's 0~ for a ~fiofl of 2 y~s ~em thc fla:e ii ~s
~bmi~e~ Il ~ll ~ ~c ~ppli~t's ~t~o~Jbi~ lO ~S~e ~ I c~en~ appl~cltion is on ~Ie.
REOEIVED
JUN 0 8 1999
CITY CLERK
EDWARD C. D£$MOND
$d~3 Grande P~lm Circle
Ddray Berate, Irlorid~ 3545z
Ho~ (5~D 4~55~
1989 - Present
1987-1959
1983- 1987
1977-1953
1972-1977
1965-1972
1964- 19~5
DeC'ado & Doll. Inc. Companies
Corporate ?ablea Plus, loc.
Vice President. School Division
Fiat Selectman (gl~ted Office)
Tow'a of Wiltor~, CT
Sm&ti Business Owner
Director of Management Services
W~on Public Schools, Wigan. CT
Comptroller
We~tpofl Schools, Weapon, Cl'
Teacher of Graduate Counes in Nerotiatious
F&irl~eld Ur~versiry. F&irfielcl. CT
Teacher of Graduate Couru~ in Finance
University of Bridgepon, Bricl~ofl, CZ
Assbtant to Superintendent for Bulinms/'Finance
D~bury PubLic Schools, Dlnbury, CT
Teacher
South School, New ~ CT
1960- 1964
t959- 1960
1957-1959
1955-1957
1954.1955
Owner-Rest F..sute/Constmc.tion Busings
Plymou~ ~
Commissioner
Plymoutl% NH (Elected Office)
Precinct Commhsioner
Plymoutl% NH ~Jected
Adteruate Representa0ve from Plymouth, NH
to House of Repr~enurJve~
Principal of K*8 LsborBtory School,
Director of' Student Tuchinf
Plymouth State College. Plymouth, NH
Supervblag Teacher
Plymouth State CoUege, P13,rnouth, l',rH
Principal
Conway Eiememary School, Conway, NH
Tucbinl Principal
Pine Tree School. Cemer Conway. I',TH
1970-1972
1966- 1968
1956- 1958
1950-1954
National A.sr, o¢iation of School Executives
Ufliversi~ of Bridgeport, C.A G S
Bar, on U~iversiry, M Ed
Plymouth State Collese * BS
· DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
2. Home Address: City S~te Zip Code
3. Legal Residence City S~te Zip Code
4. Principal Business Address: City S~te Zip Code
5.
Home
Phone:
Business
Phone:
Fax:
6. What Board(s) are you interested in se~ing? ~~
?. List all~ity Boards~ which you arc currently s~ing or have previously sc~cd: (~casc include dates) /
8. Educational qualifications:
I hereby ce~i~ that all the above statements are true, and I agree and understand that any
misstatement of material facts contained in this application may cause fo~eiture upon my pa~
or,ny appointment I may receive. ~ E ~ E ~ V E ~
NATURE ~ U DATE
61TY CLERK
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.
S\CITYCLERK~BOARD,APPLIC-XTIO\
JEANE'VI~E "JAY" SLAV-IN
2601 N.W. 10th Street, Delray Beach, Florida, 33445 Telephone (561) 272-0490
Retired Administrator, Alumni and Clinical Faculty Office Albert Einstein College of Medicine
MEMBERSHIPS AND ACTIVITIES
1987-prcscm: Active member of thc Notch Year Sczfior Citizcas Conunittee
199 l-present: Act. irc in fl~c movcmcnt to r~ucc pr~fiun~ for s~ior cifi~ns auto h~surm~ ~vcragc
1991: Appointcd by Govcmor ~xYton Cldlcs to thc Florida Adviso~ Core,cji for Rte DcpaRmcnt of Elder Affairs
1990. PaRicipm~t in thc Lcgislativc Confcrcucc on Public Houshtg, W~hington D.C.
1990: Rccipicnt f Prune Tm~c" award from Palm B~ch Com~ ~ Agcncy on Agi.g
1990. Spc~cr of House of Reprcscnmtivcs of fl~c Flori~ Silver-H~rcd ~gislaturc
1989, Rcceiv~ Ma)or's Rccog~fitwn award for "Ou~]&ng So.icc to the City of Delray B~ch"
1988- Appohttcd Coumfissioncr of~c Dclray B~ch, Florida Houshig Au~lority
1985-1987: Gucst iccturcr for Brandeis Ulfivcrsi~' Womcns' Club
1990. Establisbcd ~tm~sgivi,g m~d Chrisan~ douations of toys and f~d for nfigrmit ~ orkcts' children ~llcd
"Hclphig Hands", ~hich is still goh]g ou today
1994. Succc~cd in gcttmg rcfunds from Southcm Bell on thcir ma~tcnml~ plan fcc for fliousa~ds of subscribers
in Palm B~cb County
1995: Succeeded in getting propc~y appraiser's ~c cbm~gcd for attach~ houses rcsulth~g h~ rcfuuds m~d rcduccd
prope~y tax.
1995: ~.S.H.L. award for outstml~g achievement
1996: ~ file effo~s h~ successfully passh~g ~le 25 ~nt phone call charge from all of Broward Count' to all of
Pahn Beach Count' with no thnc lhl6t by ~nvhtcing file Public Semite Coumdssion to use Southern
Bell's r~c~e fuu& ~iown as "ovcr~a~gs"
1997: ~d file effort to successfully prevent fl~c buil&ng ufa r~yclh~g plm~t iu Delray B~ch
1 ~7: A~d~ m a delegale for ~ 9 (Pahn Beach County) to fl~c first Natiot~al Congress of Silver-Halted
~gislators in Washh~gton D.C. on Fcbmao, 8-14, 1997
1997: Recipient of"Prhne Time" axx ard flora thc Pahn B~ch County ~ Agency on Agh~g
1997: F.S.H.L. Meritorious Award M~al - 20fl~ Nu~vers~
1998: Writes a monthly colunm hi Elder U~ate, llewspapcr of file Departmeut of Elder Affairs.
EGEIVED
1999 Won ~o~ for pas~ge of bill excluding wage e~ng loss pre, urn
on ~ insur~ce (under P I P). SEP 2 7 2000
1999
Work~
for two ye s to stop the TY
CLERK
OR
~mims
of mailed notices - there was a t~ ~lion dollar ~ttlement
July 21, 2000
Memo to City Manager Bob Barcinski and the Delray Parking Board
From Jay Slavin
Subject - Beach Parking
Delray Beach has approximately~ angled meter parking spaces on AIA facing the beach
Sandaway has the following metered spaces: 134 regular l0 volunteers 6 handicap 2 staff
Ingraham has 36 regular 3 handicap and 8 staff
Marriott have 28 regular 14 pein'fit spaces and 2 handicap
Meters do not need coins after 6 PM
It is obvious that Delray has ample beach parki~g however, the problem is the closing of
the above tlzree lots which has a sign saying closed at "dusk" with no time designated
The term dusk is ,,,ague and uncertain to residents. There must be a definite time
Boyton Beach Has a $10 00 permit for residents and charges $5.00 for each car for non-
resident. The park is open from sunrise to l0 PM from Oct. 1st to Sept 30 and to 11PM
during June, July, Aug, Sept.
Boca Raton has three publci beaches - South Beach, Red Reef, and Spanish River and
is open from sunrise to sunset every day. The sunset time is posted daily with exact time
They have aresident charge of $27 per year and chargre $7 weekdays and $9 weekends
Red Reef Park is open all ),ear round from sunrise to 10 PM
We have an additional problem of employees (approximately 60) who take the street spots
so otheer beach goers are deprived of parking if they want to stay later than "dusk". We
have to provide empoyee parking or open the park spaces to !l~PM daily all year round
What we have now is very unfair and discourages residents from walking the beach or
eating there. Its been very hot summer and people are hurting~I::CEIV~D
SEP 2 7 000
CITY CLERK
CITY OF DELRAY BEACH
-"'BOARD MEMBER APPLICATION
993
Please type or print the following information:
1. l~asT Name:: Name MiCdle Initial
2. HOme Ad~ess:t , Ci~ / ~e i~ip ~qd~
3. ~g~ Residence Ci~ - ~ ~mte Zip
4. P~cip~us~ess A~&ess: Ci~ S~te Zip Code
5. HomePhone: ~ ~~g B~essPhone:
6. ~at ~o~d~'s)~e you lnterq~ed i~ing?J
9. ' Lis[any r~l~ professionS1 ee~ifications ~d !i~ens~s~whieh you hold: / , a
I
lp. Oi~e your, present, or~?t r~cent employer,~a positi~: ~ ~ '
~scrJ~ ex~rienocs, skil}slor knowledge which q~ali~ ~o. to pete on ~is ~d: {PI~ a~ a ~ri~sume)
I hereby ce~iO that all the abov8 statements are true, and'~ ag~e'~dbnd~tand that any
of any ap~ ~~ may ~cetve.
ITY LERK
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.
S~CITY CLERK~i~OA,R~D~I~PLIC A'FION
Short Bio of Communltv Service
Dr. Morris L Weinmtn
I've been involved in comrmm~y ~rvice aH my life. I've highlighted some of the
accompli.~hments and awards that I've received below.
Trea~trer and co-founder ora Day School, Ft Worth, Texas
Member, Sunday School education committee
Master of a Masonic Lodge Harry S Truman
Award for Outstanding Service, Ft Worth Civic Leaders As~ciation
Air Force Religious lay leader
Certificate for Meritorious Service, Air Force Chief of Chaplains
Volunteer in the Boca Raton Planning Department when a residen! there
President, Boca Raton, Shrine Club
President, University of Pennsylvania Alumni Association/Florids Gold Coast
Volunteer, Motikami Museum
MEMORANDUM
TO:
FROM:
SUBJECT
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM C/~tC"- REGULAR MEETING OF MARCH 6, 2001
APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY
MARCH 2, 2001
With the resignanon of Kenneth McNall, term ending July 1, 2002 and Jon Levinson, term ending
July 1, 2003 (see attached letters) from the Downtown Development Authority tins creates a
vacancy for one member to fill the unexpired term ending July 1, 2002 and one member to fill the
unexpired term ending July 1, 2003.
To qualify for appointment, a prospective member must reside in or have his or her principal
place of business m the City, and shall not be serving as a City officer or employee. There is a
requu:ement that at least four of the members must be owners of realty within the downtown area,
a lessee thereof reqmred by the lease to pay taxes thereon, or a director, officer or managing agent
of an owner or of a lessee thereof so reqmred to pay taxes thereon.
Currently serving on the DDA and meeting ownership and tax payment qualifications are Mrs.
Ellis, Ms. Heard, Mr. Wheat, Mr. Wldeman and Mr. Gnek.
The following have submitted applications for consideration:
Janme Dabney-Battle
David A. Beale
Lottis J. Carbone
Jay E. Hasner
George Maso
Michael Simon
(current alternate member on BOA/term expires 8/31/01)
(current regular member on CEB/term expires 1/14/03)
(current member of WARC)
A check for code violations and/or municipal liens was conducted. None were found.
Based on the rotation system Commissioner Schwartz (Seat #3) will make the appointment to fill
the unexpired term ending July 1, 2002 and Comrmssloner McCarthy (Seat #4) will make the
appointment to fdl the unexpired term ending July 1, 2003.
s/boardapptmc~no/dda/3/16/01
Off: (561) 638-1004
Fax: (561) 637-7910
Ceil: (561) ~/~.
4151 N.W. 2nd Street
Dell'ay Beach, FL 33445
Email: mcnallQbellsouth.net
February 1,2001
Mr. Frank Wheat
Chairman
Downtown Development Authority
Delray Beach, Florida
Dear Mr. Wheat:
It is with much regret that I must resign my position on the Board of
Directors of the Downtown Development Authority. As the Board is aware,
I began a new start-up business just over a year ago. I have been very
fortunate with the amount of growth and success I have been able to achieve
in such a short period, however, it has also been very demanding of my time
and attention. It is for this reason, coupled with some personal challenges
and struggles, that I am forced to resign.
It has been both a pleasure and a learning experience being involved with the
D.D.A. and the City of Delray Beach.
I wish you, as well as the rest of the Board, continued success in all you set
out to do.
Sincerely,
W. Kenneth McNall
RECEIVED
FEB 0 2 2001
CITY CLERK
REL
ENTERPRISES, INC.
Consu#ing end Business Development Sen4ces
Friday, February ~, 2001
Ms. Pat Warren
City of Delray Beach
100 N.W. 1st Ave.
Delray Beach, FL 33444
Dear Pat:
As per our conversation today, please accept my resignation from the Delray Beach
Downtown Development Authority. This should be effective immediately so as to
enable the Commission to appoint someone as soon as possible.
This of course is necessitated by my election to the Commission.
I have very much enjoyed my time as a member of the DDA and highly recommend
it to others who have an interest in the development of our downtown.
Sincerely,
Jon R. Levinson
President
RECEIVED
JRL/jl FEB 2 I 2001
CITY CLERK
2915 S Federal I-hghway, State D2 - Delray Beach, Florida 33483-3217
(:56]) 243-2690 - Fax (56]) 243-9242
joulevinson,~compus~rve c, om
DI~,AY BF~ACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. LasL~ame:: Name Middle tnitial
2. Home Address:' Ci~ State Zip Code
3. Leg~ Residence Ci~ State Zip C~e
4. ~cip~ B~ess Ad.ess: Ci~ S~te Zip C~e
6. What Bo~d(s) ~e you interested in
7. Li~ all Ci~ Boards on which you ~ cu~entl~ ~eming oi have pre~iously ~m~: (Please include dates)'
8. ~u~tional qualifications:
9. Lira any ~lated professional certifications ~d licenses which you hold:
] 0. Give your present~ or most ~nt employer, ~nd position:
11. ~$cribe ex~rienc~, skills or ~owlcdge hich qua i~ you to s~, on ~i$ ~d: (Pl~e amcha brief resume)
I hereby ce~i~ that ~11 the zbove statemeots are trve, z~d I zgree znd vodemtzod thzt any
m/sstatement oi material fa~s conta/ne~ i~~f~m.y ~.se ~deitore upon my
CLER
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.
1999-pr#sent
199~resent
1998.1999
1996.1998
1995-1996
1985-1989
1985
J. nine Dabney-Battle
F~x 5~1.637.8178
Hom~ Phone 581-637-8778
/.~ensedMortgage Broker, The Add, son Mongu~ Group '~
Top producin~ Senior Lo~ ~ $1 ] ]~li~ in ~ io~ files y~r -to-date. Loth files
i~ud¢ residenti~l confo~ non-c, onformi~ VA m)d H-IA ~s waft ~s Commercial.
F~ce President - ,.rub-Prime Zemting D/vision. Banlters Direct Mortgage Corporation
Responsible for the ~upervision of the Sub-prime Imdin8 division Duties i~x~decl the
luperv~on oftmderwriting, ]oaa proc__~, 1o~ closi~ lad post-c, lo~ depat~ents.
Underw~t~ng ~/pervisc~, National I, end~ng Center
Res~n~ible for ~up~vising and training · ~ffof ten Underwrite. Supzrvi~ the
underwriting of Non-conforming (B/C) lo~n.~ commutation with the ~ale~ force, procz~rs
and brokers. Acted as a liaison b~wee~ Mid-Lev~ and Smior Mamgemmt.
biort~e Trainin~ & Piaceme~
Lnndlord/Proper~ ~mnager
Dual Major, BSB~4 ~n Fintz~ and ReaI F..~te, Ohio State University
College Preparatory, F/estern Reserve Aca&~
· Board Member, Delray Rocks Youth Organization
· V~ce Chair & Board Member, Delray Phoenix, Inc.
· Member', Delray Beach Chamber of Commerce
· Mm~n', Florida A.~ ofMor~e Broker~
· Member, National .4~ociation of R~ltors
· Member, Boca Rnton Ctmmb~r of Comma~'ce
· IVlember, Roots Festivsl C~lfClu~c Or--oral
· Member, Boymon Beach Clmmber of Commer~
· Member, ~ R~ F. st~ Wom~
Mamber, Mofikaml P.:k ~ PTA
· Wa~ ~o~, .all ,.'ve c~r ~wuh
· J. min ~ 28 ~ ~ motel
DEi&~¥ IE~CH
993
Please type or print thc tbllowing information:
!. Last Name:: B1EIq'I,-E. Name-x,,l~i4.L/~ b Mi~l~'Initial
2. Home Adclress:
3. Legal Residence
4. Principal Business Address:
6.
City
State
Z~.~Code
Zip Code
7. ~s[ all City Boards on which you are currently serving or have previously served: (Please include dates)
1 ~ertifica--~[~~ses~~ ~
I 10. Giv ye our present, ormost
iF'~. 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
cetve RECEIVED
FEB 1 6 2001 O_L_
OITY CLERK
. ~ ~ ~'[fl ~e--~a-~ ~'~ [itc in the City Clerk's Oltiee for a period of 2 years from the date ~t was
submitted. It will be the applicant's responsibility to ensure that a current application is on tile.
%',( I I 'Yt I I M& JJ()Altl J ~PIq l( '~ I R I'~
FLORZDA AND N~'W ¥O~K
N~ YOB~, Nh~ YODJC 10017
DAVID A. BF_,AL ,
~ N.E. $~ Av,nu, - Suit~ #1
DE~Y B~, FLORA ~
C~LL PHONI~ (~61) 213.21M0
OR (212)
F~2S~L~ (212)
DAVID A. BEAI. E
David A. Beale is it graduare of Cornell University (B.S. 1971) and Fordham Law School O.D.
1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (1990).
David Beale is a member of The American Bar Assodation, The Florida Bar Association, New York
State Bar Association, Association of the Bar of City of New York, Palm Beach County Bar
Association, and the South Palm Beach County Bar Association. He belongs to the Entertainment
Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chairman of
the Publishing Committee. lie is also active in the Media Law Committee of the Florida Bar, and the
Intellectual Property Law Section of the New York Bar Association.
Mr. Beale has spent his entire career representing the needs of small businesses and their
owners, the sizes of which ra~e from start-ups to companies with $100 million in sales. His practice
encompasses all types of corporate, partnership, employment and commercial agreements, including
leases, property purchases, and financing agreements, as well as all types of htigation thar relate
thereto. He is able to work with clients who have sole proprietorships as well as partnerships and
corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation,
corporate document requirements, employment agreements, shareholder, votin8 and buy-sell
agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors
rights. Mr. Beale can give guidance on vendor, service and software agreements, as well as negotiate
and litigate disputes over same.
Mr. Beale frequendy develops new approaches to issues and problems when advising clients
and, as needed, when litigating on a national level, while remainin~ constantly aware of the client's
desire to remain cost efficient in today's economy.
On · personal level, Mt. Beale csn advise nnd counsel on all types of mst~ets, including wills,
trusts, health surrosazes, powers of sztorney, living wills, and probate, real estate, renads, name
changes, bartkmptcies, debtors a~! creditors righrs and homeowner and association rights. When ·
client's need arises, he works with the best artorneys in the fields of matrimonial, personal injury and
estate planning. Real estate closings can take place in his suite, with tide work done by associated
counsel.
Clients of the firm are found in the areas of banking, publishing, distribution, marketing,
licensing, food, dru~, cosmetics, restaurants, res] property, direct mail, fulfillment, accounting, non-
profits, party planning, cittering, equipment sales and financing, nad employee management and
training. He has extensive experience in employment law issues, and spends a grest amount of time
counseling companies and their human resources professionals with questions concerning
discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such
issues cannot be resolved by counseli~ and negotiation, Mr. Beale has litigated all types of
employment law issues.
Mr. Be~ is outside general counsel to a national and intemniionsl distributor of magazines
and books, employing over 1500 persons nationally. Mr. Beale has also represented national
magazine and book publishers, and film and video producers, and has negotiated and drafted
contracts for clients that cover every conceivable area of need, indo~lln$ copyright, trademark, rights
acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and
sale agreemenrs.
He also has extensive litisation experience in state and federal coun--s all over the country in all
related areas, which include infringements of all types, libel, slander, invasion of rights of privacy and
publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in
these areas.
COMMUNITY ACTIVITIES
Mr. Beale believes it is important to partidpate and give b~ck to the community he serves. As
such, Mr. Beale is a member of the Delray Beach Chamber o£ Commerce, where he sits on the Local
Governmental Affairs Committee and the Year 2000 Awareness Group. He is also on the Capital
Campaign Committee o£ Pineapple Grove Main Street, Inc. and its Grove Artwalk Project where he
does the legal work on · pro bono basis. Mr. Beale also is Vice President for Youth and Education of
Temple Beth El in Boca Raron, and is ~t Director and Executive Board Member of the Jewish
Education Commission of the Jewish Federazion o£ South Palm Bestch County.
INTELLECTUAL PROPERTY' AND MEDIA PRACTICE
David A. Beale is experienced to handle ~t wide array of issues and problems in this praz-tice
area, including representation of magazine and book publishers, distributors, film and video
producers.
The areas of expertise covetx, d by Mr. Beale's practice include the following:
T~r~em~rk ~ Copyright Practice - This ares encompasses evet~rhin.~ from
registrations, development, licensing, infringements and unfair trade practices.
Experience includes litigation of all types, from the Trademark Office to federal court
actions for infringement ncgon, including the prosecution and defense of preliminary
injunctions.
Publishi~ - The firm has extensive experience in negotiating both magazine and book
contracts covering the foHowin8 areas: publishin~ rights, printing, distribution,
licensing and fidfillment.
C
* Media - The firm can meet all need in this ares, including, libel, slander, rights of
privacy and publicity and all other First Amendment issues.
EMPLOYMENT LAW PRACTICE
Mr. Beale has represented clients with employment law problems ranging in size from five to
two thousand employees, in every aspect from counseling to litigation. He has represented clients
before Unites States District Courts in employment related cases all over the country, as well as
appearing before the EEOC and state htunan rights a&encies in Florida, New York, Tennessee,
Illinois, Texas and Missomi.
David A. Beale believes the most dtL-ctive way to handle employment law claims is thtongh a
preventive approach. This means that he will work with each client long before any claims arise. If a
problem surf'aces, litigation can be handled in a cost effective and professional manner.
In today's business environment, companies are recognizing that it is essential for an
experienced lawyer to draft ancL/ot review employment policies, procedures and provide crnining to ali
supervisory personnel. After extensive consulting with the client's Direcror of Human Resources, or
ocher responsible individuals, in order to determine the problems and issues spec~c to each client,
Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues
char may arise. These may include one or more o£ the foUowing areas o£employment law:
*Hirin~ s~l ev~l,,-tin~ employees
*Supervisory cminin~
*Employment ctiscri~!,~,i,~n, ~ Imm#ment
Tide VII, ADEA, ADA
*Employee personnel ~s and risht to priv~y
*Employee evaluation
*Security issues
*Job safety
*Reduction in force; re-ensineerin8
*Emldoyee Compens~.ion & fringe bene~ts
*Employment termination
*Employment contracts & sareements
*Oma ce~tin~
*No smokin8 policies
*Discipllns~y programs stat procedures
*AIDS
*Family Medical I. etve Act
In counseling and iitigarion, Mr. Beale emphasis the business approach that employers
appreciate, taking into consideration the need to mn a business in today's competitive cllmare while
complying with the law, and helping employers achieve the optimum from their employees, i.e., their
human resources. His loss prevention and litigahon skills are needed to serve your needs, and work
with your Human Resources on a regular basis (daily, weeldy, as requited) to create a partnership. No
employer should face today's employment law problems alone. David Beale will always be available
to be your partner in problem solving.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
~002
Please lyse o~ pr/n~ the follow/ag informal/on:
. L~tN~mle': Carbone
Louis
'Legal Residence
Same
4. Pr~cipal Busines~Add~ss:
65 NE 4th Avenue
;Delray Beach
State
Zip- ¢6de
Zip Code
33483
$. Home Phone'
6. What Board(s)-~e .~o~ intem-slea In sewL~g?
Downtown Development Board:
Delrav Beqch ~T.
Busin~ Phone:
iF'ax:
561, ~272-02R2R~l/77~)_ 60t '~
CRA,
_City Commission
7. l.,stailCi%,Boa~ds~'n ~iehyou~om~.cm~,s¢~ingorhavcpmvicusl~se~:~le~c~clude
Planning and Zoning Board 1996 - 1999
""8. l~ducationai gualifkations:
BA-Economlcs
JD-Pace University School of Law, New York. NY
-9 ~i~nyrelat~d~ro~s$io~al~rfific~{ons~dlice~eswhichyouho~:
Licensed attgrney- ~!orida, Ne~ York~ Washington
10 Giveyourpresentormo~rec~templOye~a~dpos~ion·
Louis J. Carbone~ P.A. attorney
& Finance -Fordham University, ..New York, NY
~'Tl~~cnc~,skillSor~owlcdgewh;chquali~'~u~ ~eonthis ~(Pleasca~cha~ief~sum~
I have worked as a real estate attorney; local business owner
and real estate developer in Delray Beach for the past five (5) Years
hereby certff7 that al~ the above statements are true, and I agree and understand that any
misstate~52aa~~facts contaln~'l~ tt~_i~,l~lp~Z~on may cause forfeiture upon my pa~
l~ ap~ent I ma~ r~eive. , ,~, v ~
CITY CLERK
Note
Tlqs"application will remain on file m the Ci~ Cl~k's Office for :a l:)eriOd'~)f2 y~rs from thc date i~ ~s
submitted. I! will be t.M applicant's responsibili.~' :o er~sttre that a currem application is on tile.
~::~a"v rk ~,K~oARr~v~RL ICATIO ~
LOUIS J. CARBONE, ESQ.
65 NE 4t~ Avenue
Delray Beach, Florida 33483
(561) 272-0282
PROFFESSIONAL WORK EXPERIENCE
LAW OFFICES OF LOUIS J. CARBONE, P.A.- Delray Beach, Florida & Hartsdale, New York
PRINCIPAL ATTORNEY 1997-PRESENT
Owner and principal attorney of law practice with locations in New York and Florida specializing in
complex real estate transactions, mergers and acquisitions and corporate law. Corporate counseling in
business operations, mergers acquisitions and sales. Title Insurance and Closing Agent for Attorneys Title
Insurance Fund, Inc., Stewart Title and Guaranty and First American Title Insurance, Inc.
Representative clients include lending institutions and real estate development companies: Homerica,
Inc., Prudential Real Estate Relocation Services, Inc.; European Development Group, Inc., Integrated
Electrical Services, lnc,. Proctor and Gamble Distributing Co., .4 T & T Relocation Co., Waldbaums
Food Stores, Northeastern .4bstract Co., Inc. Furmoto Realty.
DEE CAR HOLDINGS, INC. De[ray Beach, Florida
GENERAL COUNSEL & PRINCIPAL PARTNER 1993-1997
Legal counsel and principal co-owner and founder of a multi-million-dollar furniture manufacturing
company with worldwide distribution. Set up manufacturing facilities in Florida and Santa Domingo.
Secured financing through small business administration. Managed company to grow to ten million dollars
in sales. Company acquired in 1997 by a national furniture manufacturer.
LAW OFFICE OF JAMES CARTELLI, ESQ. - White Plains, NY 1987-1996
ASSOCIATE ATTORNEY (1989 -1996)
LAW CLERK (1987 - 1989)
Complete management responsibilities of commercial law cases including evaluation, research,
investigation, negotiation and implementation of all strategies required to try each case. Skilled at
negotiation and drafting of real estate and business contracts; title review; coordination and closing of real
estate transactions; preparation of institutional and private mortgage transactions. Act as lender's counsel
and general counsel in advising individual business and corporate clients regarding financing. Real estate
and legal issues.
Closing attorney in the development of 694 home development project in New York City pursuant
to Federal Housing Act;
Representative Clients: Prudential Home Mortgage Co., Inc., Chemical Bank,N.A; Marine
Midland Bank N. A.; Universal American Mortgage Co,
HONORABLE GERARD E. DELANEY- White Plains, NY 1958-1989
Justice of the Supreme Court of the State of New York
LAW CLERK
Provide research, analysis and drafting of legal decisions in civil case before the Supreme Court. Review
motion papers; assist in recommendations of decisions based on civil cases presented; assist in pre-trail
hearings and motion practice
CHARLES IRVING, MEMBER OF PARLIAMENT - London, England 1987
LEGAL STAFF ASSISTANT ~
Selected for research assistant position for House of Commons to provide legal research in the areas of
International Business Law. Participated in committee meetings concerning economics, trade and prison
reform. Attended conferences with business leaders relating to Bills presented before the House of
Commons.
BAR ADMISSIONS
State of New York
State of Connecticut
State of Florida
Washington, D.C.
U.S. District Courts in New York (Southern and Eastern Districts) and Connecticut
CIVIC AFFILIATIONS
City of Delray Beach Planning and Zoning Board, Vice Chairman 1996- 2000
OTHER LICENSES
General Building Contractor, State of Florida
New York State Broker License
PROFESSIONAL AFFILIATIONS
American Bar Association *New York State Bar Association *Connecticut Bar Association
Florida Bar Association * Westchester County Bar Association * Florida Legal Referral Agency
Columbian Lawyers Association of New York
LECTURER
The Prudential Real Estate Affiliates
I~X:~L, RAY BL~CH
~)F DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
Il. Las, Nam¢~~___~~ · I Name .j~?~
[ 4. Principal Business Ad'~ '
~. I-lofne Phon~: ('~/--) ~ .'7..~,a) ) Busine~ Phone:
i6. What Board(s) are you interested in serving?
"7. Lis! all City Boards on which you are currently serving or have previously served: (Please include dates)
11II liOnS:
] 9. List an)' relat.ed professional certifications and lice, nscs which you hold:
1'~. Dtescrib¢ experiences, skills, or knowledge which qualify__ you to serve on_~_.is board: (P~.,pttach a brief resume)
at any
my part of
.... c date it was
su 'tied. It will be the applicant's [llliL2~i~ E [~sure that a current application is on file.
AUG 0 9 1999
CITY CLERK
JAY HASNER
7284 Via Palomar
Boca Raton, Floncla 33433
CASTLE FLORIDA BUILDING CORP.
EXECUTIVE VICE PRESIDENT I SEC / TREAS
Responeible for:
· Residential/Commercial Division
· Project Coordination
· Management respons,bility for
overall operatJons
PROFESSIONAL QUALIFICATIONS
· Ac~vely involved ~n building, development
and real estate for 28 years
· Engaged ~n production of single.family
homes mulb-famlly, office/3uildmg.
shopl~,ng centers, land development and
general real estate
· Flonda Certified Residential Contractor
· Florida Licensed Real Estate Broker
· Graduate Realtors Insbtute
· Member. Inst/tute of Residential Marketing
CiViC I COMMUNITY INVOLVEMENT
· PB Land Development Regulation Comm~ee
· Member, C~ty of Delray Beach Board of
Construcbon Appeals
· Member. Cit,zar~ Task Force
Palm Beach County
· Member, Palm Beach County Impact Fee Review
Board, Palm Beach County
· Member, Delray Beach Chamber of
Commerce
· Past Member, Palm Beach Gardens
Comprehensive Land Use Plan Committee
· Past Member Palm Beach County
Land Use Advisory Board
· Past Member Palm Beach County
Consumer Affairs Board
· Member, Palm Beach County Cable
Television Task Force
INDUSTRY INVOLVEMENT
GOLD COAST BUILDERS ASSOCIATION
· President-1985
· Palm Beach County Bu,der of the
Year- 1986
· Chairman, Governmental Affairs Committee
FLORIDA HOME BUILDERS ASSOCIATION
· Life Director
· Cha~rman, Local Presidents Counc,
· Member, Legal De(ense Funcl
· Area V~ce Pres;dent-1987
· Cha~rman, Membership Committee-1986
· Board of Directors-SEBC-1982-Present
· Chairman, Warranty Advisory Committee
· President, Florida Home Builders Warranty
· Executive Committee-1983-1987
· Trustee, Chairman-1986-1987
· Commercial Self-Insurance Fund
· Dfrector Builders & Employees Mutual
Insurance Company
NATIONAL ASSOCIATION OF HOME BUILDERS
· Board of Directors-1981-1995
RECEIVER
· Court appointed for 45th St. Shoppmg
Center, West Palm Beach
EDUCATION
· Bachelor of Arts, Brooklyn College
Brooklyn, New York
· Graduate Study. Richmond College
Staten Island. New York
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
PIu~ ..'yin-' ot peinr tl'~ ~o]]o'w'mg
contained in~n may ~use fcffea~r¢ upon myptrr W any apl,oir~tmen~
mbmir~ed. It will be the appli¢~rtt', tm'ponsibili .ty to romar* that - oanent applimtion i~ co file.
qECEIVED
FEB 1 5 2001
CITY CLERK
II I I ~ II II I I -- - I --
R£SUME
GEORGE MASO, JONES,
eDUCATION; ' '
dersTaduate Desree In Law
Unlvfr~ity of Uruguay,
POSt Doctoral Studies in the areas of Business AdminiStration, International
Banking, foreign Relation, Communication, ~ar~tin~, ~edia, ~bliclty,
~d ~es Promo~on. -
I~OFESSIONAL AFFILIATIONS:
r-orefsrt Press Center of New York, Member
International Press Association, President.~$7~-?5
· !
Club International Assodatfon,'Board of Direct'ors
Charttt President of United Natlorm Lions C1ub-1977
American Federatiott of ~blic Relat~ons, Member of Board
Ur~fversfty.~ IllinoiS', Chicago, lllinofs-Departmer~t of Criminal
Guest .L~cturer.
Mor~dl Atlantic University, Boca Baton, Florida-International Trade
Specialist, Counselor
LANGUAGB FLUENCYI
En$11sh, Prench, Italian, Portu$,uese, Spanish
IqtOFBSSIONAL BXPERI~4C&
A~ consultant, advisor, evaluatot, negotiator, and ir~palernentor with
extensive and diversified experience in bot~ public and private sector, in
Middle East, ~ar ~ut, Burope, North A~erica, and Latin A~.e~ca with,
~d on ~half of clients involved in International business ventures.
Areu o~' experience end expertise are ,,veil sro~ded and iden:ified in
International ~ina~, banking, fn~ernational*barter~n~ in~erna~io~aI tra~e,
~mmerce, d~velopeF o~ industrial proAct; and commeFcial contFacts.
~uble shooter ~or Sovemmen~ ond ?d~pendent bus,ness in important
l~i~ve and delfca~ lreu, . .
Al~isted in putting together Lf'R~rP,~8OL Fc~up 'between Uruguay, Paraguay
and Bolivia. Colla~rated and ~evelo~d ~rlgfnal scheme and implemented
same ~presentin$ the government o~ ~rvguay.
P~rsonal advisor to Bolivian 'President B&rrientos. Arranged ~inancing and
lupplted $000 tractors to g6vernme, nt of I~ollvle l:)y Titan Tractor,Cor~ratlon,
York. ,
Coordinated lnd Lmplemented I proSe, ct of hg.u. sing and apartment complexes
fro' the Municipality of Montevideo, Uru~'u'ey. Over a perlbd of five )'ear~,
more then 80,000 permnl were able to upgrade their housing ~tandards and
~e~onil living conditio~. ~i~ project was I Joint effort ~tween Inter
Ama~c~n Development ~a~ and t~ City o~ Montevideo, "
· Representative of Uruguay to LrN~O Paris, R'ence. Conducted M.n"dnars in
Journalism, mass communication and media strategies.
lteprff4ntattve of EXPO 70 Osakl, Japan.. Led private a~d orificial sectors.
Publisher of NeWlpaper BXTRA for "~diciones OrientaleJ Cooperativ&
Perfodistfea" Montevideo, Uruguay. ·
Special didvi~or to Ih'. Jose More Otero, Mlnbtei' of Foreign Affairs, Uruguay.
· United Nations, NYC - Information ancl press advisor to government of
Uruguay. Special Advt~or to Amb&ll~edor o! UruSuay to the United Nations,
r n M'.%LI ~n
POS
Special appointed ~egotiat'or for barter of Uruguay shoep/mutton for Ku,,vait
c~,ude oil. Conclucled and implemented two cgn~racts in I978 and 1979.
Negotiated Jo{ne Venture for production o~r '*- ·
anti-pollution chemicals
Grant Chemical Corporation, New Jersty. a~t~! Brazil (Petrobras).
Negotiated desallrt:Ization plat~t contra.,cts .between Brazilian Government and
Royal Commission Ouball) ICinl:dom of eaudi Arabia, Plant completed and
on stream
Cen~al ~fgure In developinI 1(~,000 unit apartment house project for the
Munl~pality of Guayaqui], Ecuador (Bantu de la Vivienda),'
Special assignment with ITEL Corporation, San Pranclsco, California in
~Jun~+i~n w~th Mexlcan'Governmbl~t (COh~.ASUPO) tO locate arid retrieve
264 railroa~ ~x cars which had ~n mis~inj ~or two )'ear~ in Mexico.
Specfal consultant to President Roldo.l of.Ecuador to arrang~ barter betw. ee.n
Guador and India. . . '
a
·e
~rrange for teal~ood products of Mitsui Corpor. ation, Osaka, J'apan by Trans-o-
l=ish Company, NYC for comprehe~ive U,S, di~tril~tion
· Arranged financing for AM£$A, Uruguay, for Its sugar refinery..(USD 27
million, completed 'in three phues). Also AMESA, Uruguay have arranged
~ 12 million loan with OPIC Washington. .~C ~uarantfl'. ~his tran~actlon
wu ~mpl~ ~[thfn ~lt quarter of 1~.
rntertec S.A., epe. cial consultant to Srazll, Argentina and Uruguay in'
fnteYnatioflal finance, .banking, free trade zones, for the new common market.
Sl:)~c{al advisor to the Czech bpubltc in the ~reas of International Banking,
f~te~n~iona! Trade, and Interrmflonal Relations with Latin America.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CiTY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~ ~. - REGULAR MEETING OF MARCH 6~ 2001
LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATION
MARCH 2, 2001
This is before the City Commission to consider the acceptance of the recommendations by the Lien
Review Advisory Committee concerning the disposition of outstanding liens listed in the staff report.
I recommend accepting all the recommendations of the Lien Review Advisory Committee except one.
The Committee recommended that David Hargrove be allowed to satisfy $7,875.00 in liens by paying
$1,000.00 within seven days of receiving notice. My understanding is that Mr. Hargrove was
"incapacitated" because he was in prison. The attached memo from the Code Enforcement
Administrator indicates that the City is out of pocket $3,301.02 for nuisance abatement and building
demolition on this property. My recommendation is that in this case, we should at lease recover our
out of pocket costs.
Ref~gmemo 11.LienReview3-6-01
MEMORANDUM
TO:
From:
SUBJECT:
DATE:
Lula Butler, Community Improvement Director
Richard Bauer, Code Enforcement Administrator
DAVID HARGROVE
March 2, 2001
NUISANCE ABATEMENT
Out of Pocket
Code Enforcement Administration Fees
City Clerk Admin., Recording and
Interest
Total
$1,656.52
840.00
2,456.04
$4,952.56
UNSAFE - DEMOLITION
Out of Pocket
Interest, Recording
Total
Rb:ib
$1,644.50
1,318.28
$2,962.78
M E MORAN DU M
TO:
FROM:
SUBJECT:
DATE:
David T. Harden, City Manager
Lula Butler, Community Improvement Director
LIEN REVIEW ADVISORY COMMITTEE
March 1,2001
ITEM BEFORE THE COMMISSION
City Commission consideration to accept the recommendations by the Lien
Review Advisory Committee concerning the disposition of outstanding liens on
the files enumerated below.
BACKGROUND
The second meeting of the Lien Review Advisory Committee, charged with the
responsibility of reviewing and recommending courses of action on certain
nuisance abatement, unsafe and Code Enforcement Board cases, occurred on
February 20, 2001. Four nuisance abatement customer files and thirteen Code
Enforcement Board cases were reviewed and the following recommendations
made:
A. Nuisance Abatement Files
1. Files recommended for no further action:
· Customer486 E. Gonzales
· Customer 535 Amy Charlow
2. Files recommended for lien write-offs;
Customer 570 R.L. Sims
Mrs. Sims is an elderly lady with a $656 balance due as a result
of trash removal charges in May, 1992. The committee
determined this case involved an isolated incident and that Mrs.
Sims has maintained her property over the years. The
committee recommended writing off the entire balance due of
$656.29.
David T. Harden
February 27, 2001
Page 2
2. Files recommended for lien write-offs (con't):
Customer 55 David Hargrove
Mr. Hargrove appeared before the committee and explained
that he has been incapacitated for a period of time and unable
to maintain his two vacant lots. Family members were, likewise,
unable to perform maintenance duties. Mr. Hargrove has a
balance due of $4,924 for nuisance abatements and $2,951 for
a demolition.
The committee determined that Mr. Hargrove did not
abandoned the properties as evidenced by his continuing to pay
yearly property tax assessments. Mr. Hargrove's incapacitation
was a major factor in the committee recommending that
outstanding liens be reduced from $7,875 to $1,000 providing
the $1,000 is paid within 7 days after Mr. Hargrove is notified
and further providing payment is made by certified check.
Failure to abide by the above conditions will result in no
reduction of outstanding liens.
Code Enforcement Board Cases
1. Cases recommended for no further action:
· Case 92-8868
· Case 93-11668
· Case 93-11815
· Case 93-11828
· Case 93-12244
· Case 93-12465
· Case 93-12565
· Case 97-38322
Fashaw & Wright
Yvonne Baine
Willie & Erma Wright
& 93-11829 L.E. & Lillie Strainge
Irvin Morgan
Keith Mohammed
Jenkins & Hartfield
William Haggart
David T. Harden
February 27, 2001
Page 3
Cases recommended for further action:
Case 93-11252 Gina Petersen
If Ms. Petersen can be contacted, she will be invited to appear
before the Code Enforcement Board within 60 days to discuss
the outstanding lien of $3,150, the board's prior offer to reduce
the lien to $350, and a payment plan for the final fine amount. If
the party does not appear before the Code Enforcement Board
within 60 days after notification, no further action is
recommended.
Case 93-11674 Hubert Nelson
Mr. Nelson will be invited to appear before the Lien Review
Advisory Committee to discuss the liens on his property.
Case 93-11675 Elise Jackson
Community Development personnel will contact Ms. Jackson to
determine if there are any assistance programs for which she
may qualify. The committee determined Ms. Jackson had
medical problems hindering compliance. Aside from the above,
no further action is required.
Case 94-19646 Steve Cohen
The committee recommended that the Code Enforcement
Board consider eliminating the $472 lien considering the
property is in compliance.
Recommendation
Staff recommends accepting the Lien Review Advisory Committee's
recommendations pertaining to the Nuisance Abatement files and Code
Enforcement Board cases enumerated above.
RB:ib
Date: March 1, 2001
Agenda Item No.
AGENDA REQUEST
Agenda request/to be placed on:
:~ VRe~lar Special __ Workshop ~(Consent
When: March 6, 2001
Description of Agenda Item:
Lien Review Advisory Committee Recommendations Concerning Outstanding Liens on
Various City Properties
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda:~ / No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
1/17/96
I recommend accepting all the recommendations of the Lien Review Advisory Committee except one. The
Committee recommended that David Hargrove be allowed to satisfy $7,875 in liens by paying $1,000
within seven days of receiving notice. My understanding is that Mr. Hargrove was "incapacitated" because
he was in prison. The attached memo from .~_ffo~Code Enforcement Administrator indicates that the City is
out of pocket $3,301.02 for nuisance abatement and building demolition on this property. My
recommendation is that in this case, we should at least recover our out of pocket costs.
MEMORANDUM
TO:
FRON~
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM /O~. - REGULM~ MEETING OF MARCH 6~ 2001
ORDINANCE NO. 16-01 (CHANGING INVESTMENT PARAMETERS IN
THE POLICE AND FIRE PENSION PLAN)
MAKe2,2001
This is second reading and public hearing for Ordinance No. 16-01 that would modify the Police and
Fire Pension Plan. The Police and Fire Pension Board has requested that the City Code be amended
to allow them to invest up to 70% of their assets in common stock. The Code currently limits this
type of investment to 60%. In the backup is a letter from Jeff Keating in which he recommends the
current limit of 60% together with three artides on asset allocation strategies. After reading the
a~ides, I think we should approve increasing the limit on stocks to 70%. Based on almost 200 years
of historical stock market performance, this would give greater growth over the long term. However,
increasing the limit to 70% would increase the volatility of the asset value in the Police and Fire
Pension Fund. As a result, our exposure to year-to-year jumps in our required contfibuton would be
increased. But, our total contributions over the years should be less.
The Commission just needs to deride whether the long term decrease in our required contributions is
worth the increased exposure to wide swings in our required contribution.
At first reading on February 6m, the City Commission passed the ordinance by a unanimous vote.
Recommend approval of Ordinance No. 16-01 on second and final reading.
R~f:Agmemol4.Ordl6-0 IPolicafi:Fire Pension Plan 2'~ Rea&rig
[IT DEL£R .' gER[K
CITY AITORKEY'S OFFICE ~0o $~ ~,^WN~. ~.^~ ~^C., ~O.~^ ~.~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
Writer's D~rect Line: 561/243-7091
MEMORANDUM
January 25, 2001
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Ordinance Changing Investment Parameters in the Police and Fire Pension
Pension Plan
Enclosed is an ordinance that provides the Police and Fire Pension Plan Board of Trustees
may value its aggregate stock investments using the market value method instead of cost,
and provides that value of the stock may not exceed 70% (instead of 60%) of the funds
assets measured quarterly. It also provides for rebalancing of the Funds Assets.
Please place this ordinance on the February 6, 2001 City Commission agenda for first
SAR:ci
Enclosure
CC:
Alison Harry, City Clerk
Bill Adams, President, Police and Fire Pension Board
Steve Cypen, Esq.
James W. Linn, Esq.
ORDINANCE NO. 16- 01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING 'PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA BY AMENDING SECTION 33.66, "FINANCES
AND FUND MANAGEMENT," SECTION 33.66(E)(2)(b) TO
PROVIDE FOR A CHANGE IN THE INVESTMENT
PARAMETERS FOR COMMON OR CAPITAL STOCK;
PROVIDING FOR REBALANCING; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City and the Board of Trustees of the Police and Fire
Retirement Plan, desire to change the parameters of investments in common or capital stock to
enhance the performance of the Retirement Fund while controlling the risk.
NOW, THEREFORE, be it ordained by the City Commission of the City of
Delray Beach, Florida as follows:
Section 1. That Section 33.66, "Finances and Fund Management", Section
E(2)(b) be and is hereby amended to read as follows:
(b) The Board of Trustees shall not invest more than five percent (5 %)
of Trust Fund its assets in the common or capital stock of any one issuing company, nor
shall the aggregate investment in common or capital stock in one company exceed five
percent (5%) of the outstanding common or capital stock of that company; nor shall the
aggregate of the Fund's investments in common or capital stock at ~:t using the market
value method exceed simy seventy percent,..v~nn~.~, (70%) of the Fund's assets, as measured
on the last business day of each quarter. The Board of Trustees shall rebalance the Fund's
assets by the last business da}, of the following quarter.
Section 2. That all ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
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.
second and final reading.
That this ordinance shall become effective upon its passage on
PASSED AND ADOPTED in regular session on second and final reading on this the
~ day of 2001.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading.
- 2 - Ord. No. 16-01
TING INVESTMENT COUNSELORS, INC.
REGISTERED INVESTMENT ADVISORS FOR INDIVIDUALS, RETIREMENT PLANS, TRUSTS AND FOUNDATIONS
Milene Walinski
City of Delray Beach
Finance Department
100 NW 1 st Avenue
Delray Beach, FL 33444
Dear Milene:
REOEIVED
CiTY
September 8, 2000
Enclosed are two articles on the issue of the optimum asset allocation between stocks
and bonds for Pension Plans or long term investors. Very simply, the optimum mix for a
Pension Plan is considered to be in the range of 60% in equities, with 40% in fixed income.
Historically, this balance has captured the vast majority of being invested 100% in equities
with 40% less risk as measured through price volatility. The major issue for the city is that
even though the police and fireman's pension plan has a long longevity, in essence, you are
always looking at 10 years or longer in terms of expected investment returns, the plan is
structured such that it impacts the city's finances on a year-to-year basis based on the
performance of the plan. Thus, the city should be looking at an asset allocation that is more
appropriate to an investor that has more of a short term orientation. The article by Jeremy
Siegel would suggest a more balanced 50%/50% structure between stocks and bonds.
Hopefully the enclosed articles will be of some assistance to you. If they don't, I
have a couple of other articles, but they are even more esoteric than these I have enclosed.
'If you have any further questions, please feel free to call my office.
Truly yours,
J~f~/~J,x~Keating
JJK:lfs
Enclosures
777 EAST ATLANTIC AVENUE, SUITE 303 · DELRAY BEACH, FLORIDA 33483 · (561) 278-7862 · FAX (561) 265-1055
FOR
THE
JEREMY J.
SIEGEL
Second Edition
STOCKS FOR THE
LONG RUN
The Definitive
Guide to Financial
Market Returns
and Long-Term
Investment Strategies
JEREMY J. SIEGEL
Professor of Finance--
the Wharton School of the
University of Pennsylvania
McGraw-Hill
New York San Franclsoo Washington, D.C. Auckland Bogo~
Caracas Lisbon London Madrid Mexico City Milan
Montreal New Delhi Sen Juan Singapore
Sydney Tokyo Toronto
Risk, Return and the Coming Age Wave
A second reason for the increase in correlation between stock
and bond returns is the strategy that portfolio managers follow to al-
locate assets. Most tactical allocation models, which money managers
use to minimize the risk and maximize the return of a portfolio, dic-
tate that the share of a portfolio that is allocated to stocks be a func-
tion of the expected return on stocks relative to that on bonds. As
interest rates rise, causing stock prices to fall, prospective bond re-
turns become more attractive, motivating these managers to sell
stocks. As a result, stock and bond prices move together. This is an ex-
ample of how the actions by portfolio managers trying to take advan-
tage of the historical correlation between stocks and bonds changes
their future correlation.
EFFICIENT FRONTIERS~
Modern portfolio theory describes how to alter the risk and return of a
portfolio by changing the mix between assets. Figure 2-6, based on the
nearly 200oyear history of stock and bond returns, displays the risks and
returns that result from varying the proportion of stocks and bonds in a
portfolio.
The square at the bottom of each curve represents the risk and re-
turn of an all-bond portfolio, while the cross at the top of the curve rep-
resents the risk and return of an all-stock portfolio. The circle indicates
the minimum risk achievable by combining stocks and bonds. The
curve that connects these points represents the risk and return of all
blends of portfolios from 100 percent bonds to 100 percent stocks. This
curve, called the efficient frontier, is at the heart of modern portfolio
analysis and the foundation of asset allocation models.
Investors can achieve any combination of risk and return along the
curve by changing the proportion of stocks and bonds. Moving up the
curve means increasing the proportion in stocks and correspondingly
reducing the proportion in bonds. For short-term holding periods, mov-
ing up ~'he curve increases both the return and the risk of the portfolio.
The slope of any point on the efficient frontier indicates the risk-return
trade-off for that allocation. By finding the points on the longer-term ef-
ficient frontiers that equal the slope on the one-year frontier, one can de-
termine the allocations that represent the same risk-return trade-offs for
all holding periods.
3 This section, which contains some advanced material, can be skipped without loss of continuity.
of Ihe"
for the
event.
36 PAI~J' 1 The Verdict of History
FIGURE 2.6
Risk-Re~urn Trade-Offs for Various Holding Periods, 1802-1696
leSSOr.
Week
the co~
market
mbst cc
case fo
necessi
ten--al
one of.
historyl
breakin
the Lont
clusion~
power i
safer I
more cc
with uFx
tion fha!
· A tho
and c
have
sever(
· How j
chanl~
knowl
o,w, rl
· The
stock ~
investi
can el
· How
investr
your
· Analy,
isons
e%
5%,
4%.
3%.
1%.
\ \ I. ~ Io lOO% Bonds
~b b " [o Mi•mum Risk
0'~ I I I I I I I ' I
0% 2~ 4% 8% ~% 10% 12% 14% 1~% 18%
RECOMMENDED PORTFOLIO ALLOCATIONS
Table 2-2 indicates the percentage of an investor's portfolio that should
be invested in stocks based on both the risk tolerance and the holding
period of the investor.4 Four classes of investors are analyzed: the ultra-
conservative investor who demands maximum safety no matter the re-
mm, the conservative investor who accepts small risks to achieve extra
re. ,'m.rn, the moderate risk-taking investor, and the aggressive investor
who is willing to accept substantial risks in search of extra returns.
The recommended equity allocation increases dramatically as the
holding period lengthens. The analysis indicates that, based on the histor-
4 The one-year proportions (except minimum risk point) are arbitrary, and are used as
benchmarks for other holding periods. Choosing different proportions as benchmarks does not
qualitatively change the following results.
CHAFt'ER 2 Rtsk, Return and the Corning Age Wave
37
TABLE 2-2
Portfolio Allocation: Percentage of PorTfolio in Stocks Based on All Historical Data
Risk Holdinf Period
Tolerance 1 year 5 years 10 years 30 years
Ultra.conservative
7.0% 25.0% 40.6% 71.3%
(Minimum Risk)
Conservative 25.0% 42.4% 61.3% 89.7%
Moderate 50.0% 62.7% 86.0% 112.9%
Risk-taking 75.0% 77.0% 104.3% 131.5%
ical rebarns on stocks and bonds, ultra-conservative investors should hold
nearly three-quarters of their portfolio in stocks over 30-year holding pe-
riods. This allocation is justified since stocks are safer than bonds in terms
of purchasing power over long periods of time. Conservative investors
should have nearly 90% of their portfolio in stocks, while moderate and
aggressive investors should have over 100 percent in equity. This alloca-
tion can be achieved by borrowing or leveraging an all-stock portfolio.
Given these striking results, it might seem puzzling why the holding
period has almost never been considered in portfolio theory. This is be-
cause modern portfolio theory was established when the academic pro-
fession believed in the random walk theory of security prices. As noted
earlier, under a random walk, the relative risk of securities does not
change for different time frames, so portfolio allocations do not depend
on the holding period. The holding period becomes a crucial issue in port-
folio theo~ when data reveal the mean reversion of the stock rebarns,s
5 For a similar conclusion, see Nicholas Barbems. "investing for the Long Run When Returns Are
Predictable," working paper, University of Chicago, July 1997. Paul Samuel.son has shown that mean
reversion will increase equity holdings if investors have a ask aversion coefficient greater than unity,
which mo~t researchers find is the case See Samuelson, "Long-Run Risk Tolerance When Equity
Return,,, An., Mean Regn.,~smg' Pseudoparadoxe's and Vind~catlon o[ 'Busmessmen's Risk'" in W C.
Bramard, W D Nordhau,,,, and H.W. Watts, ed~ , Mom~. , Macrl~'c, nom~cs, and Pubhc Po/wy,
Cambridge, Mass.: The MIT Press, 1991, pp. 181-200. See also Zvl Bodie, Robert Merton, and William
Samuelson, "Labor Supply Flexibility and Portfolio Choice m a Lifecycle Model," [ournal of Economic
Dynamrcs and Control, vol. 16, no 3 (July/October 1992), pp 427-450 Bodie, et al. have shown that
equity holdings can vary with age because stock returns can be correlated with labor income
ent
Seminar Proceedings
Investment Policy
April 18-20, 1994
Tokyo, Japan
Keith P. Ambachtsheer
Charles D. Ellis, CFA
John L. Maginn, CFA
David F. Swensen
John R. Thomas, CFA
Donald L. Turtle, CFA, Moderator
Edited by Jan R. Squires, CFA
Sponsored by the
Association for
Investment Management
and Research
and the
Security Analysts
Association of Japan
A Tale of Two Pension Funds:
Case Analysis (A)
[n making strategic asset allocation rec-
ommendations for their pension funds,
Jim Jones and Barbara Smith face a prob-
lem shared by every pension fund man-
ager: how to maximize the return on the
portfolio for an appropriate level of risk.
To find the solutions to this problem,
Jones and Smith must keep in mind the
pension fund balance sheet (Exhibit 1),
which will dictate to a significant degree
the risk-return trade-off for each fund.
Both investment managers believe
that their investment strategies should
be based on a going-concern view of
their pension plans. As goLng concerns,
the pension funds must provide for the
impact of future wage and inflation ex-
periences on pension fund liabilities.
Jones and Smith agree that the immuniz-
ing investment strategy would combine
some fixed-rate bonds with inflation-in-
dexed bonds and, possibly, a small eq-
uity position to hedge against unknown
future trends in wages. Deciding the
funds' appropriate long-term invest-
ment strategies, however, requires ad-
dressing two further issues.
First, the U.S. Treasury is not yet
issuing inflation-indexed bonds. So,
what substitute asset(s) or alternative
strategms can be used for an inflation
hedge?
Second, how much incremental re-
turn should, each fund seek relative to
the return produced by the immunizing
strategies? Any incremental return real-
ized will reduce the contributions re-
quired to finance the promised benefits
under the plans. Because Alpha Corpo-
ration is a private-sector corporation
seeking to maximize shareholder wealth
and the Public Sector Retirement System
(PSRS) is sponsored by a state already
committed to funding a previous contri-
bution shortfall, both plans would wel-
come an investment policy that would
reduce their required contributions.
Thus, Jones and Smith face the difficult
task of improving the investment per-
formance of their pension funds in the
real world of uncertain future asset-class
returns and uncertain future economic
conditions shaping those returns.
Developing asset allocation recom-
mendations that will earn a return be-
yond the ideal immunizing strategy re-
quires a forecast of the expected returns
for different asset classes under different
economic conditions, and a determina-
tion of the asset allocation combination
that appears to offer the best return op-
portunities relative to the immunizing
strategy. Jones has started this process
by developing the forecasts of asset-
class returns for 1994 through 1998
given in Table 2 of the A case. To com-
plete the analysis, three questions must
be addressed:
· How realistic are Jones's esti-
mates of the returns for the 1994-
98 period?
· If the estimates are realistic, what
are the estimated returns for dif-
ferent portfolio compositions in
the three different economic sce-
narios for the 1994-98 period?
· What asset allocation strategies
should Jones and Smith recom-
mend to their boards of directors
or trustees?
The historical returns of different as-
set classes in different economic condi-
tions (Table 1 of the A case) can be used
to evaluate Jones's projected returns. To
use this historical information effec-
tively, Smith and Jones need to catego-
rize the different historical periods in
line with the definitions for the three
projected scenarios--degearing, infla-
tion, or deflation. In terms of economic
growth and inflation, the 1952-65 period
corresponds most closely to the degear-
lng definition, the 1928-40 period to the
deflation def~ition, and the 1966-81 pe-
riod to the inflation definition.
Note, however, that the expected
74
'Fa~
pe
by
SUI'
s}o'
lnc~
era.
do~
GN
stru
riel
real
bOH
5~
the.
bdls
high
flati
C
~'~eJ~
rls~
bon~
theF
Set~
hist~
retu~
late
their
ally
st~
1
s~
nent per-
~ds in the
sset-class
-"conomic
IlS.
n recom-
.~turn be-
ategy re-
~ returns
different
terrrffna-
b~nation
.mm op-
mnizing
process
)f asset-
~ 1998
To corn-
ns must
¥5 esti-
~e 1994-
;c, what
for dif-
:ions in
nlc sce-
'iod?
'ategies
r~com -
rectors
tent as-
condi-
.e used
-ns. To
effec-
atego-
~ds in
three
intla-
nomic
)enod
-'gear-
to the
51 pe-
ected
economic conditions for 1994-98 do not
closely match any of the past periods in
Table 1. For example, in the 1952--65
period, the economy was characterized
by higher economic growth (3.3 percent
GNP growth) and lower inflation (1.4
percent) than is projected for the degear-
ing scenario. The degearing scenario as-
sumes that the U.S. economy will grow
slowly during the decade (2.5 percent
increase in annual GNP growth) as Fed-
eral Reserve tight-money policies hold
down the level of inflation (to 3.0 per-
cent annually) and the United States
works its way out of a debt overhang
and large federal government deficits.
Given its assumptions as to real
GNP growth and inflation and the 1994
structure of interest rates and dividend
yields, the degearing scenario projects
real returns for bills of 1.5 percent, for
bonds of 3.25 percent, and for stocks of
5.25 percent. The comparison 1952--65
period experienced real returns for bills
of 1.3 percent, for bonds of--0.2 percent,
and for stocks of 13.1 percent. Although
the actual and projected experiences for
bills are similar, the actual and projected
experiences for bonds and stocks are
very different. The difference lies in the
higher economic growth and lower in-
ration of the 1952-66 period, which
drew money into stocks and thus in-
creased stock multiples and improved
stock returns; at the same time, bond
yie!ds were Iow tn the early 1950s and
rising interest rates worked to depress
bond returns. After adjustments are
made for these differences, the returns
projected in Table 2 for the degearing
scenario appear realistic.
Similar differences exist between
the projected economic forecasts and as-
set-class returns for the deflation and the
inflation scenarios and their comparable
historical periods. Overall, Jones's real-
return projections for the period of the
late 1990s show bill returns, similar to
their historical experiences but gener-
ally better bond returns and poorer
stock returns relative to their historical
experiences.
Why would Jones project experi-
ences for the future that appear to be
significantly different from the experi-
ences of the past? The answer to this
questions lies in his assumption that a
stock market correction will occur if, in-
stead of degearing, either a deflation or
inflation scenario occurs. Jones appar-
ently assumes that the deflation sce-
nario, particularly if started by a col
lapse of the Japanese economy, would
result in substantially increased fears
about the future of the global economy,
a lowering of expectations for corporate
profits, and increased fears about the
outlook for stocks. This outcome would
generate an increase in the risk premium
on stocks, resulting in negative returns
on stocks in the 1994-98 period. In con-
trast, bond returns would be enhanced
as bond prices rose with a drop in long-
term interest rates accompanying the
switch to a deflation scenario. Jones is
apparently suggesting that, in an infla-
tion scenario, higher capitalization-rate
requirements would, again, lower the
returns to stocks because of stock price
declines. Bond prices and returns
would suffer even more than stocks in
this scenario.
Disagreement with Jones's assump-
tions regarding the market reaction to
the deflation and inflation scenarios and
the subsequent impact on stocks would
lead to projected returns more attuned
to historical averages. His assumption
of a market correction appears reason-
able, however, in light of the long bull
market reflected in the returns to stocks
in the 1982-93 period and the market's
historically adverse reaction in short
periods to unexpected deflationary and
inflationary environments as the market
seeks new equilibrium levels.
Assuming that the projected returns
in the different scenarios are reasonable,
Smith and Jones can calculate reason-
able returns for each of the four alterna-
tive portfolios in the three scenarios.
The portfolio returns are the weighted
averages of the projected asset-class re-
turns for each economic scenario. The
weightings would be the percentages
each asset class represents in the particu-
lar portfolio. The weighted real returns
of particular portfolios in the three eco-
nomic scenarios are given in Table A.
Cash was given no weighting in any of
75
Table A. Weighted-Average Real Returns of ,~c'~-----ted Portfolios by Economic
Scenario
Asset MLx DegearLng Deflation lnflat:on
70% equity/30% debt 4.65% -4.38% -2 60%
60% equity/40% debt 4.45 -2.80 -2.80
~% equity/50% debt 4.2.5 -1.2.5 -3 00
40% equity/60% debt 4.CL5 0.30 -3.20
the portfolios suggested for analysis and
is not included in any of the portfolio
descriptions.
The different portfolios exhibit sig-
nificantly different return performance
in the three economic scenarios. In the
degearing scenario, an equity-heavy
portfolio performs slightly better than a
debt-heavy scenario, but in a deflatiofi
scenario, a debt-heavy portfolio per-
forms significantly better than an eq-
uity-heavy portfolio. Although none of
the portfolio mixes performs well in the
inflation scenario, an equity-heavy port-
folio does somewhat better than a debt-
heavy portfolio,
These return differences have sig-
nificant implications for the asset-mix
recommendations Jones and Smith
should make to their boards. If, as Smith
apparently believes, a good possibility
exists that the degearing scenario could
deteriorate into deflation, then the port-
folio should be debt heavy. This strategy
would not significantly reduce returns
in the degearing scenario but would
provide significant protection against
the downside of deflation. In the infla-
tion scenario, a shading toward equity
should produce the best (or least worst)
results. If the inflation scenario is a vi-
able possibility, the only hedge available
would be a sizable allocation of the port-
folio to cash equivalents (T-bLLls).
Based on the three possible scenar-
ios, which of the four portfolio alterna-
fives evaluated in Table A should be rec-
ommended for the Alpha Corporation
fund and the PSRS fund?
Alpha Corporation's current asset
mix of 70 percent equity/30 percent debt
reflects the company's abLlity and will-
ingness to assume larger risk than the
PSRS. If the asset-mix strategy does not
produce the desired real-return results,
Jones would have to inform the board of
directors that a larger future contribu-
tion to the corporation's pension plan is
required to provide its future defined
benefits. The result would be a reduc-
tion of corporate cash available for other
purposes for a time. In conclusion,
given the possible capital market envi-
ronments for 1994 through 1998, and
given Jones's view that inflation is more
likely than deflation, Alpha Corporation
is likely to maintain its 70 percent eq-
uity/30 percent debt strategy.
The PfiRS's current asset mix of 50
percent equity/50 percent debt reflects
its concerns about unfunded future li-
abilities and its resulting greater risk
aversion (relative to Alpha Corpora-
tion). If the PSRS's strategy does not
produce the desired real returns, the sys-
tem must request funds from the state
government, which involves raising
taxes or cutting expenditures, and from
the employees, which involves addi-
tional contributions from their salaries.
Neither necessity would be painless.
Therefore, given the possible 1994--98
environments and given Smith's view
that deflation is more Likely than infla-
fion, the PSRS might find a 10-percent-
age-point shift from equity to debt desir-
able. The resulting mix, 40 percent eq-
uity/60 percent debt, would be rela-
tively conservative. In addition, be-
cause of the inflation sensitivity of the
plan's llabilities, the PSRS should con-
sider shortening the duration of the debt
portfolio.
sh,
on
Sr~
bo
ex/
a~
et Allocation for Institutional
ios
Francisco, California
I0-11, 1986
Michael D. Joehnk, CFA
P. Ambachtsheer
Robert D. Amott
Gary P. Brinson, CFA
Kathleen A. Condon, CFA
H. Gifford Fong
William L. Fouse, CFA
Walter R. Good, CFA
Mark P. Kritzman, CFA
Greta E. Marshall, CFA
Robert H. Litzenberger
Douglas A. Love
Roger F. Murray
Claude N. Rosenberg, Jr.
William F. Sharpe
Sponsored by
The Institute of Chartered
Financial Analysts
Strategic Approaches to Asset Allocation
Keith P. Ambachtsheer
When considering the subject of "strategic ap-
proaches to asset allocation," one should first
ask what is meant by strategy, tactics, and the
many other descriptors that are used in the area
of asset allocation. Why is asset allocation such
a foggy concept? Why are there such conceptual
difculfies in this area? It has a lot to do with
a confusion between means and ends. The defi-
nition I offer is: Asset allocation is the means
to achieve an appropriate package of risk, return,
and time through the three steps of context un-
derstanding, future thinking, and decision im-
plementation.
ASSET ALLOCATION: THE LONG-
TERM CONTRACT
There are two basic contexts in which to study
asset allocation, and they should be kept sepa-
rate. Context number one is long-term asset allo-
cation. To illustrate long-term asset allocation,
consider the case of the hypothetical Alpha
Corporation. They have made that conceptual
breakthrough, and they think of their defined
benefits plan as a financial business. As such,
they recognize that understanding and manag-
ing the plan balance sheet is the appropriate
way to proceed.
As seen in Figure 1, Alpha Corporation is
a billion dollar company with a fairly normal
looking principa} business balance sheet. But
Alpha uses the extended balance sheet concept,
and as shown on the pension plan balance sheet,
the assets and liabilities are very significant rela-
tive to the main business assets and liabilities.
Assets in the pension plan are stated at the mar-
ket, and liabilities are stated on a "best-estimate
going-concern basis." In other words, they use
economic assumptions on a best-estimate basis
about return and inflation. The going-concern
part means that it is important to recognize,
for the final earnings plans at least, that the
liability is based on final earnings, not on the
level of earnings. Alpha Corporation has a signif-
icant asset cushion in the pension plan of $400
million, which in relation to the best estimate
of liabilities, amounts to a 44 percent asset cush-
ion.
When analyzing the pension plan balance
sheet, a number of policy issues need to be ad-
dressed. First is funding policy, or asset cushion
policy. Of concern here is the relationship be-
tween plan assets and projected plan liabilities
accrued to date. Should there be a large cushion
or a small cushion and why? The second issue
is asset mix policy, which deals with the left
side of the balance sheet. How are the assets
of the plan structured? Finally, there is a third
policy issue: investment management policy.
How will the asset mix policy be implemented?
Alpha's management realizes that there are
choices to be made. These can be seen in Figure
2, which shows the relationship between rates
of return of alternative asset allocation polities.
The company can have anything from a return
maximization policy to a risk minimization pol-
icy. With the return maximization policy, the
asset mix required to achieve a long-term 5 per-
cent (or even higher) real rate of return is, of
course, a 100 percent equity policy. At the other
extreme, the risk minimization policy is a policy
FIGURE 1
Alpha Corporation (dollars in billions)
MAIN BUSINESS BALANCE SHEET
Assets Liabilities
Short term $1.2 Short term $0.6
Long term 1._~2 Long term 0.8
$2.4 $1.4
Equity
Shareholders equity $1.0
PENSION PLAN BALANCE SHEET
Assets Liabilities
Short term $0.3 Short term $0.3
Long term 1.0 Long term 0.6
.--.---- ~
$1.3 $0.9
Equity
Asset cushion $0.4
'~urce: Keith P. Ambachtsheer & ^ssoc~ates.
24
FIGURE 2
Asset mix policy and' long-term return targets
Realistic 6
real return
targets
{percent) 5
4
3
2
1
With For
return broad
maximization market
focus portfolio
Source: Keith P. Ambachtsheer & Assooates.
With
risk
minimizaHon
locus
of matching asset cash flows to liability cash
flows as closely as possible. The middle point
is to hold essentially the portfolio that the aggre-
gate of all investors hold, which should over
the long term achieve the same kind of real rate
of return as the real economy does in terms of
growth rate. That might be a 2.5 percent mid-
point.
The return proiections are converted to im-
plicit long-term contribution rates in Table 1.
Earlier it was pointed out that pension costs
are independent of the return on plan assets.
~Ve can see that on a best-estimate basis, a 5
percent long-term real rate of return is consistent
with a long-term corporate contribution rate of
6 percent of the payroll (that is, a money transfer
from the principal business). That figure in-
cludes updating pension costs for 60 percent
of the CPI inflation rate. A striking range in
funding costs can occur depending on which
TABLE 1. Long-term economic assumptions
and normal plan costs
Long-term
Long-term normal cost
Asset class real return (percent of payroll)
Stocks 5% 6%
Real estate 4 7
Long bonds 2 10
T-bills .5 14
Source Ke~lh P Ambachtsheer & Assooates
asset mix is chosen, resulting in a potential long-
term contribution rate anywhere from 6 percent
to as high as 14 percent of payroll.
How does one choose? If this is the only
information, of course, the choice is obvious.
Go for the low contribution rate option. But this
decision is not that easy to make. The reason
is that sensible asset allocation decisions demand
a time context. For pehsion plans, the time frame
can be truly long termwprobably in the neigh-
borhood of about 20 years. But one cannot ignore
concerns about shorter-term contribution rate
variability; for example, what might the contri,
bution rate have to be three to five years from
now? When you take a balance sheet perspec-
tive, the concern becomes the $400 million asset
cushion. Will it increase or decrease? Fluctua-
tions in this asset cushion could be quite signifi-
cant over a three- to five-year period.
So the fundamental issue in long-term asset
allocation is the question of trading off long-term
good news against the possibility of shorter-term
bad news. You can look at this dilemma in a
contribution rate context, where lower long-term
contributions must be balanced against greater
shorter-term contribution uncertainty. Alterna-
tively, you can look at it in a balance sheet context
and seek higher long-term asset cushion growth
against shorter-term cushion size uncertainty.
The good news is that the long-term contribution
rate, including updating pensions in pay for in-
flation, implies a 6 percent contribution rate.
FIGURE 3
The future contribution rate trade-off range
The R~turn Maximizing Policy The Risk Minimizing Policy
Good news Bad news
No good or bad news
Long-term
contributions
are
6%
of payroll
Shorter-term
contributions
could be over
15%
of payroll
in deflation
.~)-rce: Keith P. Ambachtsheer & Associates.
Contributions
will not vary
far from
10%
of payroll
in short term
or long term
The bad news is that if you end up with an
extended period, perhaps three to five years,
when equities do very poorly, your contribution
rate could go up to 15 percent three to five years
later.
In the risk minimizing policy, there is no
good news or bad news by definition. Contribu-
tions will not vary far from 10 percent of payroll
in the short or long term (see Figure 3). Many
corporate managers, when they are shown these
alternatives, prefer to look at the trade-off in
the balance sheet context. The good news with
the return maximizing policy is that continued
cushion growth means eventual lower corpdrate
contributions or higher benefits in the long term.
The bad news is that the cushion can disappear
in the shorter term. With the risk minimizing
policy, there is again no particularly good news
or bad news; cushion size is highly predictable
(see Figure 4).
THE ROLE OF FUTURE THINKING
IN ASSET ALLOCATION
Given the framework in which to make asset
allocation decisions, the next element in the deci-
sion process is dealing with an uncertain future.
In this context, dealing explicitly with uncer-
tainty is crucial. Over time, we have developed
two approaches to dealing with that future. The
first method, the Monte Carlo simulation, as-
sesses the future through a series of probability
distributions for stock returns, bond returns,
cash returns, and inflation returns and how they
are expected to be correlated. From those expec-
tations, a computer can develop hundreds or
FIGURE 4
The future asset cushion trade-off range
The Return Maximizing Policy The Risk Minimizing Policy
Good news Bad news
No good or bad news
Continued
cushion
growth
means lower
costs or
higher
benefits
in long term
Cushion
disappears
in
deflation
.Source: Keith P. Amb~chuhe~r
Cushion
size
highly
predictable
26
thousands of possible outcomes by drawing out
these distributions. The output, as illustrated
in Figure 5, shows contributions as a percent
of payroll on the left scale and different weight-
ings of equities as opposed to bonds across the
bottom. When moving from low risk to higher
risk, the percent of equities in the portfolio and
the potential contribution rate increases and the
50th percentile contribution rate decreases.
The other technique, called the scenario ap-
proach, is a little more hands-on and allows you
to put a little more color into the analysis. The
four possible scenarios are summarized in Table
2. To relate the scenario approach to dealing
with an uncertain future, again consider Alpha
Corporation. The implications for the Alpha
pension plan contribution rate depend on the
Fu'm's asset allocation policy. For example, in
the deflation case, with the return maximizing
policy, the results are very unpleasant with the
projected contribution rate going way up (see
Figure 6). Figure 7 presents the same results
in a plan balance sheet (asset cushion) context.
DECISIONS AND
THEIR IMPLEMENTATION
After determining the context and allowing for
an uncertain future, the decision and implemen-
tation steps follow. In the case of Alpha Corpora-
tion, management decided that, as much as pos-
sible, they wanted to maximize long-term real
FIGURE S
Distributions of contributions as a percent of payroll for various bond/stock asset mixes
Contributions/payroll
(percent) (inverted scale)
Seurce: Banker~ Trust Company.
10
6.3
7.0
7.7
8.2
8.7
I
A
0%
6.1
6.8
7.6
8.1
8.6
5.3
6.6
7.3
8.1
8.7
I
B
2O%
4.5
5.1
6.0
6.4
7.3 7.2
8.2
8.1
8.7 8.8
!
C D
40% 50%
Percent in equities
!
E
70%
Percentile
4.1 90th
5.6 75th
7.1 50th
25th
9.1 10th
8.3
F
90%
27
TABLE 2. Possible three- to five-year capital market environments
The environment
Good braes: Steady output and productivity growth, Iow
inflation rate, positive expectations about the future.
Stagflation: Uneven output and productivity growth, infla-
tion rate tn the 6-9 percent range, confused expectations
about the future.
Rising inflation: Uneven output and produ~dv/ty growth,
debt monetization, inflation rate rising above l0 percent,
dynamics expected to continue.
Deflation: Output stagnant to falling, inflation low and fall-
ing, future looks bleak.
The capital markets
Stocks do very well, followed by real estate and long bonds.
Short-term investments left far behind.
No predictable differences in asset class returns.
Real estate and other tangibles do best, stocks and short-
term investments mediocre, long bonds worse by far.
High-quality long bonds best by far, cash mediocre, real
estate poor, stocks worst.
Sourer: Keith P. Ambachtsheer & Associates.
return, subject to "being whole" (that is, having
a positive asset cushion in the worst case out-
come) on a three- to five-year basis. Using this
particular set of numbers, being whole is
achieved through a significant real estate posi-
tion, which is the hedge against the rising infla-
tion outcome, and a significant long-bond posi-
tion, which is the hedge against the deflation
outcome. The purpose for those two positions
is risk control. The "basic" asset mix in Figure.
8 results. -
'- A lot of interesting things can be done with
the basic asset mix policy to improve its risk-
reward characteristics. See the expanded asset
mix policy in Figure 8. One aspect of the ex-
panded asset mix policy is the shift account.
That account can be in domestic stocks, long
bonds, or T-bills. It is funded from the basic
policy by taking 10 percentage points of the long-
bond position and 10 percentage points of the
stock position and putting them into a shift ac-
count. This is a good way to shift the focus
from an asset allocation approach that concen-
trates on risk control to one that concentrates
FIGURE 6
Sixth-year contribution rate projections
Return
maximization
witrt "bad news"
Percent -15 -
-10
-5
0
5
10 .....
15
20 -
Source: Keith P. Ambachtsheer & Associa(es.
Good times
Return Risk
maximization minimization
no "bad news"
Good times
! I Deflation
Deflation [ Rising
inflation
Deflation
28
FIGURE 7
Five-year asset cushion swing projections
Return
maximization
with "bad news"
$ billions 1,6 r
1.2
0.8
0.4
-0.4
-0.8
Source: Ke~th P. Ambachtsheer & Assoc~te$.
GOOd times
Deflation
Return Risk
maximization m~n~mlzat,on
no "bad news"
Good hmes
Deflation
Deflation
Ris,ng
inflation
on value added. When moving to a short-term
asset allocation focus, however, the investment
context changes very significantly.
RISK CONTROL AND
RETURN ENHANCEMENT
Short-term asset allocation is a process that fo-
c'~-.~.s not on risk control but on return enhance-
-~ient. The objective is to add return to an other-
wise passive situation. In the short-term asset
allocation context, we have to raise the question
as to whether there are correlations between
yesterday, today, and tomorrow. In other
words, are there relationships between past and
present observable events and future stock
prices and interest rates? How you answer that
question is absolutely crucial to whether you
should engage in short-term active asset alloca-
tion. If you believe there are no such linkages,
stop now. If you believe there are linkages that
can be identified, then there is a place for active
asset allocation.
Table 3 shows the five bases that have to
be touched to be effective, to maximize the
chances of success. Step 1: What do you believe
about the relationships between events yester-
day and today and stock prices and interest rates
tomorrow? In other words, what is your theory
of capital assets pricing? You must consider that
issue and think about your belief of how inflation
expectations will affect bond prices, the impact
of real GNP growth on stock prices, and so forth.
This leads to Step 2: Identify the predictors that
are important to security valuation. In effect,
what can I observe today that will affect the
valuation factors tomorrow? And you might say,
for example, "Well, I think monetary policy to-
day might affect inflation expectations tomor-
row,'' thereby identifying that particular pre-
dictor.
Step 3: What is the relationship between the
predictors and the variables that you are trying
to forecast (future stock prices and interest
rates)? In Step 3, you are actually thinking, for
example, about how sensitive changes in mone-
tary policy are today to changes in inflation ex-
pectations tomorrowmwhich, in turn, will im-
pact stock and bond prices tomorrow. Step 4:
Establish your decision rules. You can't just stop
with the output of the process in terms of expec-
tations about the future; you have to act on them
and you have to act on them in an intelligent
way. Decision rules used by money managers
are often quite naive. For example, managers
often do not consider that they might not be
perfect at making capital markets forecasts. Your
actual decision rules depend very much on how
good you thir~k your forecasts are and on the
transaction costs. These are the real world issues
29
As the Commission is aware, the Police and Fire Pension Board has requested that the
City Code be amended to allow them to invest up to 70% of their assets in common
stock. The Code currently limits this type of investment to 60%. In the backup is a letter
fi.om Jeff Keating in which he recommends the current limit of 60%, together with three
articles on asset allocation strategies. After reading these articles, I think we should
approve increasing the limit on stocks to 70%. Based on almost 200 years of historical
stock market performance, this would give greater growth over the long term. However,
increasing the limit to 70% would increase the volatility of the asset value in the Police
and Fire Pension Fund. As a result, our exposure to year-to-year jumps in our required
contribution would be increased. But, our total contributions over the years should be
less. The Commission just needs to decide whether the long term decrease in our
required contributions is worth the increased exposure to wide swings in our required
contribution.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM /0d~ - REGULAR MEETING OF MARCH 6~ 2001
ORDINANCE NO. 17-01 (VALET AND TANDEM PARKING)
MARCH 2, 2001
This is first reading and first public hearing for Ordinance No. 17-01 which provides for amendments
to the CBD parking requirements so that required parking may be accommodated using valet or
tandem parking arrangements.
The amendments propose to allow 100% of required parking for commercial establishments,
restaurants, cocktail lounges, hotel and residential type inns within the Central Business District, east
of the Intracoastal Waterway, to be accommodated through the provision of valet parking, including a
parking appliance/lift system, tandem parking, or a combination of both. The proposal also clarifies
the use of tandem parking in townhouse developments. The amendment also includes design criteria
for valet and tandem parking
The Commission had concerns with tandem parking in multiple family developments as well as the
noise that would be generated by the parking appliance/lift systems. Staff visited a site in Miami,
which utilizes a parking appliance lift system, and video recorded the lifts in operation. At the
Commission's February 27~ workshop, the video was presented and revealed that the noise generated
by the raising and lowering of the lifts is minimal and the noise generated by the hydraulic motor was
similar to that of an air conditioner compressor.
Based upon Commission's concerns, the attached ordinance has been modified to eliminate the
provision to allow tandem parking in multiple family developments and a provision has been added
which requires the lift motor to be encased by a sound proofing system, which must include acoustical
foam panels a minimum 4" thick. With regard to providing a roof over the lift system parking area, it
seems appropriate to address this on a case-by-case basis. The proposed text requires a decorative
wall to screen vehicles and mechanical equipment when a parking lift system is used. When a parking
appliance system facility abuts a residential development or property zoned residential, a 10' landscape
buffer shall be provided. Through the conditional use process additional requirements may be
imposed to ensure compatibility with adjacent properties and a provision has been added to reinforce
the requirement according to LDR Section 2.4.4 (C).
Recommend approval of Ordinance No. 17-01 on first reading. If passed, a second public hearing
will be scheduled for March 20, 2001.
Ref~gmemo14.Ord17-01.Tandem Parking
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM /0~ - REGULAR MEETING OF MARCH 6, 2001
ORDINANCE NO. 17-01 (VALET AND TANDEM PARKING)
MARCH 2, 2001
This is first reading and first public hearing for Ordinance No. 17-01 which provides for amendments
to the CBD parking requirements so that required parking may be accommodated using valet or
tandem parking arrangements.
The amendments propose to allow 100% of required parking for commercial establishments,
restaurants, cocktail lounges, hotel and residential type inns within the Central Business District, east
of the Intracoastal Waterway, to be accommodated through the provision of valet parking, including a
parking appliance/lift system, tandem parking, or a combination of both. The proposal also darifies
the use of tandem parking in townhouse developments. The amendment also includes design criteria
for valet and tandem parking
The Commission had concems with tandem parking in multiple family developments as well as the
noise that would be generated by the parking appliance/lift systems. Staff visited a site in Miami,
which utilizes a parking appliance lift system, and video recorded the lifts in operation. At the
Commission's February 27~ workshop, the video was presented and revealed that the noise generated
by the raising and lowering of the lifts is minimal and the noise generated by the hydraulic motor was
similar to that of an air conditioner compressor.
Based upon Commission's concerns, the attached ordinance has been modified to eliminate the
provision to allow tandem parking in multiple family developments and a provision has been added
which requires the lift motor to be encased by a sound proofing system, which must include acoustical
foam panels a minimum 4" thick. With regard to providing a roof over the lift system parking area, it
seems appropriate to address this on a case-by-case basis. The proposed text requires a decorative
wall to screen vehicles and mechanical equipment when a parking lift system is used. When a parking
appliance system facility abuts a residential development or property zoned residential, a 10' landscape
buffer shall be provided. Through the conditional use process additional requirements may be
imposed to ensure compatibility with adjacent properties and a provision has been added to reinforce
the requirement according to LDR Section 2.4.4 (C).
Recommend approval of Ordinance No. 17~01 on first reading. If passed, a second public hearing
will be scheduled for March 20, 2001.
Ref:Agrnemo 14.Ord17-01.Tandem Parking
I
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVID ~"ARpE~I;/CI~' MANAGER
PAUL'DOR~N~, D~'0~ ~PLANNING AND ZONING
JEFFREy~~ ;~AL PLANNER
MEETING OF FEBRUARY 6, 2001
CONSIDE~TION OF AN AMENDMENT TO LAND DEVELOPMENT REGU~TIONS
SECTIONS 4.4.13 REGARDING THE PARKING REQUIREMENTS IN THE CBD ZONE
DISTRICT TO ACCOMMODATE REQUIRED PARKING UTILIZING VALET OR TANDEM
PARKING, AND SECTION 4.6.9 ESTABLISHING DESIGN STANDARDS AND
REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS.
BACKGROUND
At its meeting of January 6, 2001, the City Commission considered the proposed LDR text amendment. The
amendment would allow 100% of the required parking for restaurants, cocktail lounges, hotels, and residential
type inns within the CBD zone district, east of the Intracoastal Waterway, to be accommodated through the
provision of valet parking. The proposal allowed valet parking to be accommodated utilizing a parking
appliance/lift system, tandem parking, or the combination of both. The amendment allowed tandem parking
for multiple family developments with no more than 10 units and clarified the use of tandem parking in
townhouse developments. The amendment also included design criteria for valet and tandem parking.
The Commission had concerns with tandem parking in multiple family developments as well as the noise that
would be generated by the parking appliance/lift system. The Commission also discussed adding a
requirement to install a roof when a parking appliance system is used. Based upon these concerns, the
Commission denied the text amendment and directed staff to modify the text based on their concerns.
Staff visited a site in Miami which utilizes a parking appliance lift system and video recorded the lifts in
operation. At the Commission's February 27th workshop, the video was presented and revealed that the noise
generated by the raising and lowering of the lifts is minimal and the noise generated by the hydraulic motor
was similar to that of an air conditioner compressor.
Based upon the Commission's concerns, the attached ordinance has been modified to eliminate the provision
that would have allowed tandem parking in multiple family developments. A provision has been added which
requires the lift motor to be encased by a sound proofing system, which must include acoustical foam panels
a minimum 4" thick. With regard to providing a roof over the lift system parking area, it seems appropriate to
address this on a case-by-case basis. The proposed text does require a decorative wall to screen the
vehicles and mechanical equipment when a parking lift system is used. When a parking appliance system
facility abuts a residential development or property zoned residential, a 10' landscape buffer shall be provided.
Through the conditional use process additional requirements may be imposed to ensure compatibility with
adjacent properties and a provision has been added which reflects this. While this language exists elsewhere
in the Land Development Regulations (Section 2.4.4(C)), it has been added to reinforce the requirement.
RECOMMENDED ACTION
By Motion, approve on first reading a text amendment to Section 4.4.13 regarding the parking requirements in
the CBD zone district to accommodate required parking utilizing valet or tandem parking, and Section 4.6.9
establishing design standards and regulations for valet and tandem parking arrangements, based upon the
findings with LDR Section 2.4.5(M) and the policies of the Comprehensive Plan, setting a public heating date
of March 20, 2001.
Attachment: Ordinance by Others
City Commission Documentation
Meeting of March 6, 2001
LDR Text Amendment - LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD
Page 2
STAFF'S RECOMMENDATION
Section 4.4.13 Central Business (CBD) District:
(D) Conditional Uses and Structures Allowed:
(16) East of the Intracoastal Waterway, Restaurants, Cocktail Loun.qes, Hotels, and Residential Type
Inns, may provide their required parkin,q as valet parkin,q, subiect to the provisions of 4.6.9(F)(3).
(G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in
Article 4.6, except as modified below, the following shall also apply.
(1) Parking:
(e) The parking requirements for residential units in multi-family structures and mixed-use,
buildings shall be as follows:
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively as
follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
Within Townhouse and Townhouse Type developments, parkin.q may be provided in front of
~arac~e units provided that such parkin.q does not result in the space for one unit mpedin,q
access to a space of the other unit.
Section 4.6.9 Parking Regulations:
(C) Number of Parking Spaces Required:
(2) Requirements for Residential Uses:
(c) Multiple Family Structures:
Efficiency dwelling unit
One bedroom dwelling unit
Two or more bedroom d.u.
Guest parking shall be
cumulatively as follows:
for the first 20 units
for units 21-50
for units 51 and above
provided
1.0 space/unit
1.5 spaces/unit
2.0 spaces/unit
0.5 spaces per unit
0.3 spaces per unit
0.2 spaces per unit
City Commission Documentation
Meeting of March 6, 2001
LDR Text Amendment - LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD
Page 2
Within Townhouse and Townhouse Type developments, parkin,q may be provided in front of
.qara.qe units provided that such parkin,q does not result in the space for one unit impedin,q
access to a space of the other unit.
(F) Special Provisions:
(3) Valet Parking: A parkin.q facility with a valet service or operator which allows for attendants to receive,
park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors includin.q tandem
parkin.q and parkin.q appliance system (mechanical lift) may be utilized in lieu of the requirements of this
Section provided the followinR requirements are complied with:
(a)
Any required valet or tandem parkin.q utilized in lieu of the parkin.q requirements set forth in this
section shall be Roverned by an a.qreement with the City (in such form as may be approved by
the City Attorney), and recorded in the public records of Palm Beach County. The a.qreement
shall constitute a covenant runninq with the land bindinq upon the owners, heirs,
administrators, successors, and assiRns. The a.qreement may be released by the City
Commission at such time that site plan approval is obtained for an alternative parkinR
arran.clement which satisfies the parkinR requirements for said use.
(b) There is a parkin.q professional available for the vehicle retrieval durinq business hours.
(c)
The dimensions for valet and tandem parkin,q spaces shall be a minimum of ei,qht and one half
feet (8'6") wide and sixteen feet (16') deep with a maximum stackin,q of two (2) vehicles alon,q
with a drive aisle of twenty-four feet (24'); however, in the event a parkinR appliance system is
utilized, the width may be reduced to no less than ei,qht feet three inches (8'3").
(d)
Valet parkin,q may be utilized to conform with the number of handicap accessible parkin,q
spaces provided that:
(i)
At least two handicapped accessible spaces are provided adjacent to the vehicle
queuin.q area for those vehicles which cannot be operated by the parkin.q professional;
and,
(ii)
The disabled person's vehicle may be safely operated by aforementioned parkinR
professional.
(e)
Valet drop-off/queuin.q area must be provided with a minimum lenRth of 100'. Greater queuin,q
area may be required as a condition of site plan or conditional use approval based upon the
intensity of the use. The lenRth of the queuin.q area may be reduced when supported by a
traffic study.
(f)
When a parkin.q appliance system is utilized, a decorative wall must be provided and installed
to a hei.qht that screens both the vehicles and mechanical equipment from adjacent properties
or ri.qhts-of-way.
The lift motor must be encased by a sound proofin.q system, which is lined with acoustical
urethane foam panels, or similar sound proofin.q material, a minimum 4" thick.
(h)
Where a parkin,q appliance system facility abuts a residential development or property zoned -"
residential, a 10' landscape buffer shall be provided.
City Commission Documentation
Meeting of March 6, 2001
LDR Text Amendment- LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD
Page 2
(i)
Interior landscape areas required by Section 4.6.16 shall not be required if landscape
requirements which would otherwise have been installed on the interior of the parkin.cl lot are
evenly distributed alon,q the perimeter of the parkin,q area or facility and subject to the followin,q
requirements:
(i) That a 10' perimeter landscape buffer consistin.q of a hed.qe and trees be provided; and,
(ii)
That a decorative wall be placed on the intedor ed,qe of the landscape strip and
installed such that the mechanical equipment and vehicles shall not be visible from
adjacent properties or ri,qhts-of-way.
Additional requirements may be imposed with the review of the conditional use request to
ensure compatibility with adjacent properties.
ORDINANCE NO. 17-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT, SUBSECTION 4.4.13(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED", TO
PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY
BE PROVIDED AS VALET PARKING, SI)'BJECT TO CONDITIONS
AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING
SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULA-
TIONS'', AMENDING SECTION 4.6.9, "OFFSTREET PARKING
REGULATIONS", SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY
STRUCTURES", TO PROVIDE THAT PARKING MAY BE
PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE
AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO
CONDITIONS; AMENDING SUBSECTION 4.6.9(F), "SPECIAL
PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3)
TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR
VALET AND TANDEM PARKING ARRANGEMENTS; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed
the proposed text amendments at a public hearing held on January 22, 2001, and voted 6 to 0 to
recommend approval; and
WHEREAS, the City Commission of the City of Delray Beach finds that the proposed
amendments are consistent with and further the goals, objectives and policies of the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central
Business (CBD) District", Subjection 4.4.13(D), "Conditional Uses and Structures Allowed", of the
Land Development Regulations of the City of Dekay Beach, be, and the same is hereby amended to
read as follows:
Section 4.4.13 Central Business (CBD) District
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional
uses within the CBD District:
(16)
East of the Intracoastal Waterway, Restaurants, Cocktail Lounges, Hotels, and
Residential Type Inns may provide their required parking as valet parking, subiect to
the provisions of Section 4.6.9(F)(3).
Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", of the Land
Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read
as follows:
(G) Supplemental District Regulations: In addition to the supplemental district regulations as set
forth in Article 4.6, except as modified below, the following shall also apply.
(1) Parking:
(e)
The parking requirements for residential units in multi-family structures and
mixed use buildings shall be as follows:
· Efficiency dwelling unit
· One bedroom dwelling unit
· Two or more bedroom dwelling unit
· Guest parking shall be provided
cumulatively as follows:
1.0 space/unit
1.25 spaces/unit
1.75 spaces/unit
-for the first 20 traits
-for units 21-50
-fo? units 51 and above
0.50 spaces/unit
0.30 spaces/unit
0.20 spaces/unit
Within Townhouse and Townhouse Type developments, parking may be
provided in front of garage units provided that such parking does not result in
the space for one unit impeding access to a space of the other unit.
Section 3. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces Required", Subparagraph
4.6.9(C)(2)(c), of the Land Development Regulations of the City of Dekay Beach, be, and the same
is hereby amended to read as follows:
C. Number of Parking Spaces Required:
2 ORD. NO. 17-01
(2) Requirements for Residential Uses:
(c) Multiple Family Structures:
* Efficiency dwelling unit
* One bedroom dwelling unit
* Two or more bedroom d.u.
* Guest parking shall be provided
cumulatively as follows:
1.0 space/unit
1.5 spaces/unit
2.0 spaces/unit
-for the fn'st 20 units
-for units 21-50
-for units 51 and above
0.5 spaces/unit
0.3 spaces/unit
0.2 spaces/unit
Within Townhouse and Townhouse Type developments, parking may be
provided in front of garage units provided that such parking does not result in
the space for one unit impeding access to a space of the other unit.
Section 4. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9CF), "Special Provisions", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a
new subparagraph 4.6.9CF)(3) to read as follows:
CF) Special Provisions
(3)
Valet Parking: A parking facility with a valet service or operator which allows for
attendants to receive, park and deliver the automobiles of occupants, tenants,
customers, invitees, and visitors, including tandem parking and parking appliance
system (mechanical lift), may be utilized ~ of the requirements of this Section
provided the following requirements are complied~.X ~.4., I/,:, ~
(a) Any required valet or tandem parking utilized in lieu of the parking
requirements set forth in this section shall be governed by an agreement with
the City (in such form as may be approved by the City Attorney), and recorded
in the public records of Palm Beach County. The agreement shall constitute a
covenant running with the land binding upon the owners, heirs, administrators,
successors, and assigns. The agreement may be released by the City
Commission at such time that site plan approval is obtained for an alternative
parking arrangement which satisfies the parking requirements for said use.
ORD. NO. 17-01
(c)
(d)
(f)
(g)
(i)
There is a parking professional available for the vehicle retrieval during
business hours.
The dimensions for valet and tandem parking spaces shall be a minimum of
eight and one-half feet (8'6") wide and sixteen feet (16') deep with a maximum
stacking of two (2) vehicles along with a drive aisle of twenty-four feet (24');
however, in the event a parking appliance system is utilized, the width may be
reduced to no less than eight feet three inches (8'Y').
Valet parking may be utilized to conform with the number of handicap
accessible parking spaces provided that:
fi)
At least two (2) handicapped accessible spaces are provided adjacent
to the vehicle queuing area for those vehicles which cannot be operated
by the parking professional; and
(ii) The disabled person's vehicle may be safely operated by
aforementioned parking professional.
Valet drop-off/queuing area must be provided with a minimum length of 100
feet. Greater queuing area may be required as a condition of site plan or
conditional use approval based upon the intensity of the use. The length of the
queuing area may be reduced when supported by a traffic study.
When a parking appliance system is utilized, a decorative wall must be
provided and installed to a height that screens both the vehicles and mechanical
equipment from adiacent properties or rights-of-way.
The lift motor must be encased by a sound proofing system, which is lined with
acoustical urethane foam panels, or similar sound proofing material, a
minimum four inches (4") thick.
Where a parking appliance system facility abuts a residential development or
property zoned residential, a ten foot (10') landscape buffer shall be provided.
Interior landscape areas required by Section 4.6.16 shall not be required if
landscape requirements which would otherwise have been installed on the
interior of the parking lot are evenly distributed along the perimeter of the
parking area or facility and subject to the following requirements:
4 ORD. NO. 17-01
O)
That a ten foot (10') perimeter landscape buffer consisting of a hedge
and trees be provided; and
(ii)
That a decorative wall be placed on the interior edge of the landscape
strip and installed such that the mechanical equipment and vehicles
shall not be visible from adjacent properties or rights-of-way.
Additional requirements may be imposed with the review of the conditional use
request to ensure compatibility with adjacent properties.
Section 5. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2001.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
5 ORD. NO. 17-01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ' - REGULAR MEETING OF MARCH 6, 2001
DATE:
ORDINANCE NO. 19-01 (ANNEXATION, SMALL SCALE FUTURE LAND
USE MAP AMENDMENT & INITIAL ZONING
MARCH 2, 2001
This is first reading for Ordinance No. 19-01 that provides for annexation, a small scale Future Land
Use Map (FLUM) amendment from County MD (Medium Density Residential 5 dwelling units/acre)
to City LD (Low Density Residential 0-5 dwelling units/acre), and initial zoning to R-l-AAA (Single
Family Residential District) for a parcel of land located at the northwest corner of Barwick Road and
the Lake Worth Drainage District Canal L-31.
The subject property is currently located in unincorporated Palm Beach County and has an AR
(Agricultural Residential) zoning designation. The property is located within the City's Planning Area
(Future Annexation Area) and the owner is seeking voluntary annexation at this time. The 1.01 acre
property contains an existing 3,820 square foot two-story single family home and a detached 1,204
square cottage. The applicant is seeking annexation into the City to obtain City water service.
The Planning and Zoning Board held a public hearing in conjunction with the requests on February
26, 2001, and after reviewing the staff report and discussing the proposal, the Board voted
unanimously to recommend that the requests be approved, based upon positive findings with respect
to Chapter 3 (Performance Standards), Section 2.4.5(D)(5) of the Land Development Regulations, and
polities of the Comprehensive Plan.
Recommend approval of Ordinance No. 19-01 on first reading,
recommendation of the Planning and Zoning Board. If passed,
scheduled for March 20, 2001.
based upon the findings and
a quasi-judidal hearing will be
Ref:Agmemo21.Ord. 19-01AnnexSmall FLUMZoningBarwick3-6-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM [,~ ~ - REGULAR MEETING OF MARCH 6, 2001
ORDINANCE NO. 18-01 (SMALL SCALE FUTURE LAND USE MAP
AMENDMENT & REZONING
MARGH 2, 2001
This is'first reading for Ordinance No.18-01 that provides for City initiated corrective small scale
Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 dwelling
units/acre) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC
(General Commerdal) for a portion of the Nagle and Sail Inn properties, located on the west side of
NE 7~h Avenue, and approximately 120' north of George Bush Boulevard.
The subject property is the south half of Lot 12, Block 2, Sophia Frey Sabdivision, which is zoned
RM (Medium Density Residential). The property is currently vacant, except for the encroachment of
back-out parking and a dumpster associated with the Sail Inn on the east 5' of the property. The
majority of the subject property is owned by Mr. George Nagle, who owns a portion of Lot 11 to the
south, which is currently zoned GC (General Commercial). The balance of the property,
approximately 14.96' x 34.35', is owned by the Sail Inn, which also owns the east 34.35' of Lot 11,
zoned GC (General Commercial).
The Planning and Zoning Board held a public hearing in conjunction with the request on February
26, 2001. Two residents to the north and east of the property on NE 7~h Avenue were concerned with
future proposals to extend the commerdal zoning north of the subject property into the
n~ighborhood. The residents were informed this is a corrective rezoning for a 25' wide area and that
any future requests for rezoning will require a public hearing and notification to all properties within a
500' radius of the property to be rezone& The Board then voted unanimously to recommend
approval of the corrective FLUM amendment from MD to GC and rezoning from RM to GC.
Recommend approval of Ordinance No. 18-01 on first reading,
recommendation of the Planning and Zoning Board. If passed,
scheduled for March 20, 2001.
based upon the findings and
a quasi-judidal hearing will be
Ref-~gmemo21.Ord. 18-01 Small FLUMRezoning34-01