Agenda Reg 04-17-01City of Delray Beach
Regular Commission Meeting
Tuesday, April 17, 2001
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of t;me allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Be
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled' to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
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
vashmg to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dins. If you are not able to do so prior to the
start of the meeting, you may still address the Commxssion on an appropriate item.
The primary purpose of the slgn-m sheet is to assist staff v~th record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is ~ranted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive hstenmg devices are available for
meetmas 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:
March 6, 2001 - Regular Meeting
March 29, 2001 - Organizational Meeting
PROCLAMATIONS:
C.
D.
E.
F.
Recognizing and commending the 2001 Senior Games Multiple Medal Winners for their
athletic achievements
Caridad Asensio Day - April 20, 2001
Women's American ORT Day - April 20, 2001
Commending National Commander Ronald Ziegler - Jewish War Veterans of the USA
Code Enforcement Officials Week -June 25 through June 29, 2001
AAA Auto Club South Day - April 24, 2001
PRESENTATIONS:
A. Delray Youth Enrichment Task Force
CONSENT AGENDA: City Manager Recommends Approval.
A. LEASE & MANAGEMENT AGREEMENT/SPADY HOUSE PROPERTY:
Approve the Lease and Management Agreement between the City and Expanding and
Preserving Our Cultural Heritage, Inc., (EPOCH) for the Spady House Property.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Co
Accept the actions and decisions made by the Land Development Boards for the period
April 2"d through April 13, 2001.
AWARD OF BIDS AND CONTRACTS:
Bid award in the amount of $84,800.00 to Murray Logan for rehabilitation of
Lift Station #31. Funding is available in 442-5178-536-61.83 (Lift Station
Conversion to Submersible).
Purchase award in the total amount $24,772.00 to Southeastern Pumps for
submersible pumps as part of our preventive maintenance program. Funding is
available in 441-5144-536-46.20 (Equipment Maintenance).
Purchase award in the total amount of $27,725.60 to Hydro Pumps for two
hydrated lime pumps and related equipment. Funding is available in 441-5161-
536-64.90 (Other Machinery & Equipment).
Contract award in the total amount of $1,698,495.00 to Chaz Equipment, Inc.
04-17-01
for the Seacrest/Del Ida Neighborhood Improvements Phase II. Funding is
available in the amount of $828,673.00 from 334-3162-541-62.54 (General
Project Fund); $472,320.00 from 442-5178-536-65.03 (Water & Sewer);
$134,000.00 from 448-5461-538-65.03 (Drainage Project); $189,000.00 from
448-5461-538-65.20 (Drainage Project); $63,364.00 from 370-3162-541-65.43
(2000 Bond General); and $11,138.00 from (2000 Bond Storm Water).
REGULAR AGENDA:
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REQUEST FOR AN ADDITONAL QUEUING AREA ON ATLANTIC
AVENUE: Consider a request for an additional queuing area on Atlantic Avenue on
the second block east of Swinton Avenue in proximity of 110 East Atlantic Avenue.
Bo
REQUEST FOR VALET QUEUE CUSTOM PICK-UP AREA: Consider a
request designating the first two (2) parking spaces on the southeast corner of SE 1st
Avenue as a customer pick-up area for the valet queue on the south-side o~t. lantic
Avenue between Swinton and SE 1st Avenues.
C. IN-LIEU PARKING FEE/ELIZABETH'S ON 7TM RESTAURANT: Consider
Fo
approval of $12,000 in-lieu of parking fee for one (1) parking space for Elizabeth's on
7th restaurant.
SANDOWAY HOUSE REQUEST: Consider a request from Sandoway House
Nature Center, Inc. to extend the closing time of the Ingraham Parking Lot on May 8th
until 11:00 p.m. to accommodate their Astronomy Program.
CONTRACT AWARD/MAXIME LANDSCAPING (WEST ATLANTIC
AVENUE LANDSCAPE MAINTENANCE): Consider approval of a contract
award in the amount of $11,700.00 to Maxime Landscaping (third low bid) for the
landscape maintenance for West Atlantic Avenue (west of CSX Railroad to Military
Trail). Funding will be from 119-4144-572-46.60 (Beautification Maintenance).
LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Go
Consider approval of the Lien Review Advisory Committee's recommendations
concerning outstanding liens on various properties.
AGREEMENT FLORIDA PUBLIC UTILITIES~ CO.: Consider an agreement
between the City and Florida Public Utilities Co., to stage personnel and apparatus on
property located at 325 NW 2nd Street, during the hours of the Delray Affair.
REQUEST GREEN MARKET RELOCATION: Consider approval of a request
from the Historic Delray Green Market to relocate to Worthing Park for the remaining
of this season which ends May 5m.
POLICE RECRUITMENT & RETENTION INCENTIVE PROGRAM:
Consider adoption of a Police Recruitment & Retention Incentive Program.
PROPOSAL FOR SETTLEMENT IN FASHAW V. CITY OF DELRAY
BEACH: Consider proposal of settlement in the Cynthia and George Fashaw versus
04-17-01
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10.
the City of Delray Beach case. Staff recommendation is to d~y.
APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular
member to the Civil Service Board for a two (2) year term ending April 1, 2003.
Appointment to be made by Commissioner Archer (Seat #2).
L. WAIVER REQUEST TO REDUCE PARKING/"ELIZABETH'S 7TH''
RESTAURANT: Consider a waiver request to reduce the parking requirement for
"Elizabeth's on 7~h, restaurant by one space in order to save a specimen tree.
PUBLIC HEARINGS:
REQUEST FOR HEIGHT WAIVER/OLD SCHOOL SQUARE: Consider a
request for a waiver to the provision of LDR Section 4.3.4(K), "Development Standards
Matrix", to allow an increase in the height of the bandshell/stage located at Old School
Square, at the NE corner of Atlantic Avenue and Swinton Avenue (51 N Swinton
Avenue) from the maximum of thirty-five feet (35') to thirty-eight feet, eight inches
(38' 8") in order to accommodate the technical requirements based on the width and the
depth of the stage.
ORDINANCE NO. 23-01 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending LDR Section 4.3.3(I) Foster Homes and Group Homes, and
related zoning districts, pursuant to LDR Section 2.4.5(M). If passed, a public hearing
will be scheduled for May 1, 2001.
ORDINANCE NO. 22-01: An ordinance amending Chapter 4, "Zoning Regulations"
of the LDR's by amending Section 4.6.7, "Signs", darififing the purpose and regulations
relating to non-commercial speech; repealing the sign matrix chart and enacting a new
sign matrix chart; amending the definition section by amending the definitions of on-
premise sign and vehicular sign.
ORDINANCE NO. 24-01: An ordinance amending LDR "Definitions" section to
provide clarification to the definition of "Ground Floor Building Area".
ORDINANCE NO. 26-01: An ordinance amending Chapter 71, "Parking
Regulations", of the City Code of Ordinances by amending Section 71.07, "When
Impoundment Authorized", by amending Subsection (E) to include emergency vehicles.
ORDINANCE NO. 27-01 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2001-1): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2001-01 and
associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the
State Department of Community Affairs. Amendment 2001-1 includes:
1. General update of Goal Area "D" of the Future Land Use Element, relating to
Schools;
2. Modification of the definition of Community Facilities Land Use description, in
the Future Land Use Element;
3. General update of the Public Facilities Element;
04-17-01
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11.
12.
13.
4. General update of Comprehensive Plan Map Series to reflect current City
boundaries;
5. 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; and
6. The change to the FUTURE LAND USE MAP (FLUM) involves one area of
land which will be transmitted as a part of Amendment 2001-01.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
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City Manager's response to prior public comments and inquiries.
From the Public.
FIRST READINGS:
ORDINANCE NO. 21-01: An ordinance amending Chapter 92, "Boats and Boating",
Section 92.10, "Mooring to Public Property" of the City Code of Ordinance to prohibit
prolonged dockage at Veterans Park, and also the use of City electricity and other
utilities while docking. If passed, a public hearing will be scheduled for May 1, 2001.
Bo
ORDINANCE NO. 31-01: An ordinance amending Chapter 73, "Parking Schedule"
of the City Code of Ordinance by extending the two-hour parking regulation along
Atlantic Avenue, east of Swinton Avenue to State Road AIA, to 8 p.m. If passed, a
public hearing will be scheduled for May 1, 2001.
ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and Safety",
by creating Section 97.10 "Citrus Canker Control Procedures" of the Code of
Ordinance thereby adopting a method to be adhered to by Vegetation Maintenance
Companies and Public Utility Companies within the City of Delray Beach in order to
help control the spread of Citrus Canker. (In light of the changes made to this
ordinance it is staff's recommendation to consider it again for First Reading). If passed,
a public hearing will be scheduled for May 1, 2001.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
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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.
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The Pledge of Allegiance to the flag of the United States of America was given.
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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 Project
Funding Agreement with Palm Beach County (Lake Ida Road Widening Project) 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 - 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
PROCLAMATIONS:
6oA,
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.
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.
a.A.
THIS ITEM HAS BEEN PULLED FROM THE AGENDA.
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.
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 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).
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 119th homeownership assistance grant provided
through the program to-date.
g.I.
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.)
8ogo
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).
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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
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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).
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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 tight-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 heating. 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.
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03/06/01
Jose A§uila, architect for Robert G. Currie Partnership, Inc., stated that all
the development boards have reviewed this request. In every case, with the exception of the
Planning and Zoning Board and after some discussion they all voted to approve the request for
the permanent closure of a portion of NE 1st Avenue right-of-way. Mr. Aguila stated the
Planning and Zoning Board voted 3 to 3 because from his perspective they were not only
concerned with the parking loss but also the road closure and why it was essential to the overall
plan. Two of the dissenting votes were not aware of the future master plan. Mr. Aguila stated he
was unsure whether or not to bring those plans to the Planning and Zoning Board meeting.
However, Mr. Aguila stated he has the plans in the event the Commission would like to review
the 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 the
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 expansion 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
the 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 concem 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 offN.E. 1st 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 addition, 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)
(b)
(c)
(d)
Shall not adversely affect the neighboring area;
Shall not significantly diminish the provision of public facilities;
Shall not create an unsafe situation; and
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 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 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. Perlman -
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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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.
9og,
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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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.
0,F,
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. Schwaa2 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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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 Attorney 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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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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AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 16-01 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.
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
hearing 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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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 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.
In addition, the City Attorney noted that on page three of the ordinance there 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
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 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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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. Perlman 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 hearing 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 heating 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 thc cutting of 1900 healthy trees
in Delray and feels the Commission should take an active part in seeing that this not be allowed.
ll.B.2. Henry Williams, 310 N.W. 3rd Avenue, expressed concern over the citrus canker
and feels there is no reason 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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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.
ll.B.4. Kenneth Gray, resident of Delray 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. Bob 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
canker issue and noted he has checked his trees and has found nothing wrong with them.
11.B.8. Alice 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
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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.
13.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. Peflman commented as to whether the City would have standing because of
the citrus trees in the City's right-of-ways.
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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.
13.C.
13.C.1.
City Commission.
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.
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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 Schmidt
Mayor Schmidt had no comments or inquiries.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:00 p.m.
ATTEST:
Acting City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the 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
MARCH 29, 2001
DELRAY BEACH CITY COMMISSION
ANNUAL ORGANIZATIONAL MEETING
(1)
(2)
(3)
Call to Order/Roll Call.
The annual organizational 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. on Thursday, March 29, 2001.
Roll call showed:
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz
Mayor David Schmidt
The Pledge of Allegiance to the Flag was given.
Presentation of statements, if desired, by Commission members.
Commissioner Archer again expressed how pleased and lucky she was to have served with
Commissioner Schwartz and hoped he would come back to visit us and continue to
participate in every way possible.
Commissioner Perlman wished Commission Schwartz well and trusts he will be around. He
said it had been a privilege and a pleasure to serve with Commissioner Schwartz.
Commissioner McCarthy echoed Commissioner Archer and Perlman. She has been lucky
enough to be his seat partner and it has been quite a pleasure. She thanked him for all his
support and the good things he has done during his term.
Commissioner Schwartz thanked the Commission for their comments. Its been such a
pleasure serving the City, the citizens, and working with such a wonderful City Commission,
City Manager, City Attorney and all City staff. It's been hard work but it's been a pleasure.
He will miss this and hoped to be around. He wished Commissioner Levinson well and
knows he'll do a wonderful job.
Mayor Schmidt also reiterated previous comments and it has been a pleasure having served
with Commissioner Schwartz both on Planning & Zoning and the Commission. He
presented a plaque to Commissioner Schwartz on behalf of the Commission and the citizens
of Delray in appreciation for his devotion and service to the City.
(4) Adjournment of extant Commission.
Mayor Schrnidt adjourned the outgoing Commission at 6:05 p.m.
(5) Oath of Office administered to Commissioner Jeff Perlman (Seat #1) and
Commissioner Jon Levinson (Seat #3).
The Acting City Clerk administered the oath of office to Commissioner Jeff Perlman (Seat
# 1), and Commissioner gon Levinson (Seat #3).
(6) Mayor Schmidt called the meeting to order at 6:10 p.m. Roll call showed:
Commissioner Pat Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David Schmidt
(7) Selection of Vice-Mayor (for the term March 29, 2001 through March 28, 2002).
Commissioner Archer moved to appoint Commissioner Perlman as Vice-Mayor of the City
of Delray Beach for the term March 29, 2001 through March 28, 2002. Commissioner
McCarthy seconded the motion. Commissioner Perlman declined the nomination.
Commissioner Archer moved to appoint Commissioner McCarthy as Vice-Mayor of the City
of Delray Beach for the term March 29, 2001 through March 28, 2002. Commissioner
Perlman seconded the motion. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
(s)
Selection of Deputy Vice-Mayor (for the term March 29, 2001 through March 28,
2002.).
Commissioner Perlman moved to appoint Commissioner Archer as Deputy Vice-Mayor of
the City of Delray Beach for the term March 29, 2001 through March 28, 2002.
Commissioner McCarthy seconded the motion. Upon roll call the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
(9)
Review and approval of regularly scheduled City Commission meeting dates for the
period April 2001 through March 2002.
Mayor Schmidt presented the schedule to the Commission for discussion. It was the
consensus of the Commission to move the July meeting dates back one week. Therefore the
meetings will be held on July 10~, 17~ and 24~.
Commissioner McCarthy moved to approve the schedule of City Commission meeting dates
for the period April 2001 through March 2002 as amended. Commissioner Archer seconded
the motion. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
(10) Establish date for 2000 Goal Setting session.
Mayor Schmidt stated he spoke with Mr. Harden regarding holding an abbreviated goal
setting session this year. Mr. Harden indicated that Mr. Sumek would be available to serve
as facilitator in April on the 18th and 19th or the 19~h and 20th; or in May on the 14~h and 15th
or the 15th and 16th. Commissioner Archer indicated that she would prefer to do this in May.
It was the consensus of the Commission to hold the 2002 Goal Setting session on May lYh
allowing Mr. Sumek to meet with staff in the morning and the Commission on an individual
basis in the afternoon; and the public meeting on May 16~h.
(11)
Review and adoption of Rules of Procedure - Delray Beach City Commission (Local
Rules).
Commission Archer moved to adopt the Rules of Procedure (Local Rules) for the Delray
Beach City Commission seconded by Commissioner McCarthy. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
(12)
Review of City Commission liaison appointments to various advisory boards and
outside agencies.
The Commission reviewed the list provided in the agenda packet. Commissioner Levinson
will replace Mayor Schmidt as liaison with the Downtown Development Authority. Tom
Lynch will continue to serve as the Commission's appointee to the General Employees
Retirement Committee. Commissioner Archer stated that she would continue as liaison with
the Parking Management Advisory Board. The Mayor is a sitting member on the Police &
Fire Board of Trustees. Commissioner Perlman agreed to continue as Commission liaison
to the Education Board. Commissioner Perlman agreed to become the liaison with the
CRA, with Commissioner McCarthy as the alternate member.
For the School's Advisory Committee, Commissioner Perlman will continue as liaison to
Banyan Creek and Pine Grove Elementary School; Commissioner McCarthy requested
Orchard View Elementary School since she has been unable to actively participate at Spady
Elementary since their meetings conflicting with City Commission meeting dates. She will
continue as liaison to Carver Middle School; Mayor Schmidt will take over Plumosa
Elementary School; Commissioner Levinson will take over Atlantic High School; and
Commissioner Archer will continue at Village Academy.
In considering the outside agency appointments, Mayor Schmidt noted that the City
Manager serves as the primary representative to the Palm Beach County League of Cities and
serves on the Board. Commissioner McCarthy will continue as alternate member.
There was no change to the Palm Beach County Beaches & Shores, Paul Dorling, Planning
Director, will continue as the City representative to this agency.
Commissioner Archer stated that she would continue as the primary member to the
Metropolitan Planning Organization with Commissioner McCarthy as the alternate member.
Commissioner Levinson agreed to serve as the elected offidal representative of the South
County Jury Trial Feasibility Committee, with former Mayor Jay Alperin serving as
constituent group representative.
Mayor Schmidt would continue to serve as liaison to State Representative William F.
Andrews, District 87.
Commissioner Archer offered to switch and serve as the primary member to the
Intergovernmental Coordination Issues Forum with Commissioner Perlman as alternate
member.
It was the consensus of the Commission to accept the various liaison assignments as
amended.
(13) Presentation of statements, if desired, by Commission members.
Commissioner Archer had no comments.
Commissioner Perlman welcomed his wife and family and introduced them and thanked
everyone for all of their cooperation and support. He thanked City Staff, City Manager,
City Attorney, City Clerk's office, Department Heads and a spedal thanks to Delores Rangel,
Commission Secretary for all her assistance. He is looking forward to 2001, with the
Downtown Plan and Visions 2010. He is very excited about having Commissioner Jon
Levinson aboard and feels he is a wonderful addition to the Commission. He is very proud
of what has happened this year; he feels they have been a very inclusive commission, open
and accessible and looks forward to the challenges ahead, he's confident that the best days
are ahead for the City of Delray Beach.
Mayor Schmidt reiterated that it has been a very good year and looks forward to an even
better 2001. He welcomed Commissioner Levinson to the Board and looks forward to
working with him.
Commissioner McCarthy dittoed Commissioner Perlman's comments. She welcomed and
congratulated Commissioner Jon Levinson. She looks forward to sitting next to him and
working together. She thanked City Staff, the Mayor who has been just wonderful, City
Attorney, City Manager, and the City Clerk's office.
Commissioner Levinson commented he is "thrilled". The first person he thanked was Bill
Schwartz who graciously encouraged and supported him from the very beginning. He
introduced his wife and family and thanked them for all their support. He thanked City
Staff, City Manager, City Attorney and the Commission who were extremely supportive.
With his enthusiasm and eagerness he is now ready to work hard to keep Delray Beach the
Best Hace on Earth in which to live.
There being no further business, the meeting was adjourned at 6:25 p.m.
ATTEST:
Acting City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the Organizational Meeting of the City Commission held on
March 29, 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 official only after
review and approval by the City Commission which may involve amendments, additions or deletions
to the minutes as set forth above.
APRIL 17~ 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 6:05
p.m., Tuesday, April 17, 2001.
1._: Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2_. INVOCATION.
Reverend Donald Munro with St. Vincent Ferrer Catholic Church delivered the
opening prayer.
3~
PLEDGE OF ALLEGIANCE TO THE FLAG.
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
The City Attorney stated that approval of Item 8.A., Lease & Management
Agreement/Spady House Proper[y, should be subject to an agreement with the CRA to finish
the building.
Mr. Perlman moved to approve the Agenda, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of March 6,
2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said
motion passed with a 5 to 0 vote.
04/17/01
Mrs. Archer moved to approve the Minutes of the Organizational Meeting of
March 29, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
e
PROCLAMATIONS:
6.A. Recognizing and commending the 2001 Senior Games Multiple Medal
Winners for their athletic achievements
Mayor Schmidt read and presented a proclamation to the 2001 Senior Games
Multiple Medal Winners for their many triumphs in this competition, and for their spirit and
enthusiasm. The following individuals won 3 or more medals:
· :' Helen Allen - 6 medals (3 gold in track and field and 3 bronze medals in
basketball skills;
· 7. Kevin Doyle - 5 gold medals, all in track and field;
· :o Marshall Johnson - 5 gold medals, all in track and field;
o:. Raymond Lebowitz - 5 gold medals, all in track and field;
o:o Alvin Malthaner - 5 gold medals, all in swimming;
· :o Don Zaccardo - 5 gold medals, all in track and field;
· :- Pete Arnold - 4 gold medals, all in swimming;
o:o Barry Kittredge - 4 medals, (1 gold medal in table tennis, 2 silver medals
and 1 bronze medal in basketball skills);
· :. Justin Langsner - 4 medals (2 gold medals and I silver medal in
basketball skills, and 1 bronze medal in table tennis);
· :' Bob Bohanan - 3 gold medals, all in basketball skills;
· :. Alwyn Griffith - 3 gold medals, (2 in track and field and 1 in table
tennis);
o:o Sam Price - 3 medals (1 gold and 2 silver medals in basketball skills); and
· :. Mark Reingold - 3 medals (1 silver medal and 2 bronze medals in
basketball skills).
Joe Weldon, Director of Parks and Recreation, came forward to accept the
proclamation on behalf of the Senior Games Multiple Medal Winners.
6.Bo
Caridad Asensio Day - April 20~ 2001
Mayor Schmidt read a proclamation recognizing and proclaiming April 20, 2001
as Caridad Asensio Day.
6oC.
Women's American ORT Day - April 20~ 2001
Mayor Schmidt read a proclamation proclaiming April 20, 2001 as Women's
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04/17/01
American ORT (Organization for Educational Resources and Technological Training) Day.
6.9.
of the USA
Commending National Commander Ronald Ziegler - Jewish War Veterans
Mayor Schmidt read a proclamation recognizing and commending National
Commander Ronald Ziegler for his many and varied accomplishments, and congratulate him on
his achievements as a fine example of a dedicated American.
6oE.
Code Enforcement Officials Week - June 25 through June 29, 2001
Mayor Schmidt read and presented a proclamation proclaiming June 25, 2001
through June 29, 2001 as Code Enforcement Officers' Appreciation Week. Jerry Sanzone,
Building & Insp. Adm/CBO Building Inspector, came forward to accept the proclamation.
6°F.
AAA Auto Club South Day - April 24~ 2001
Mayor Schmidt read a proclamation proclaiming April 24, 2001 as AAA Auto
Club South Day.
°
PRESENTATIONS:
7oA.
Delra¥ Youth Enrichment Task Force
Loren Sheffer, Managing Partner for Borton Volvo & Volkswagen and
Chairman of the Delrav Beach Youth Enrichment Vocational Center and Committee,
stated they have talked extensively over the last year about opening up a new Charter School in
Delray Beach for disadvantaged youth to become automobile technicians. He stated they have
secured a $100,000 commitment from Palm Beach County and a $100,000 commitment from the
private sector and are looking to the Commission for funding for a portion of the balance.
Anuelo Squatrito~ Executive Director of Jeff Industries~ Inc., explained that
Jeff Industries, Inc. is a mental health agency that is known for working with severe mental
health populations and hard to serve populations. Mr. Squatrito stated they started off as an
agency that worked with paranoid schizophrenic and manic depressive persons who came out of
the Delray Beach Mental Health Center connected with the South County Mental Health Center.
Approximately twelve years ago Jeff Industries, Inc. was asked by the Palm Beach County
School District to develop a model program for working with hard to serve children who were in
special education programs, who had severe behavioral problems, and children who would
eventually get thrown out of school.
Mr. Squatrito stated Jeff Industries, Inc. through funding from the Palm Beach
County Children Services Council and the Palm Beach County School District in developing a
model program over eight years to work with this population. The model program has received
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04/17/01
national recognition. Mr. Squatrito further explained the Ed Venture Charter School, also a
school with a work program for emotionally and severely emotionally disturbed high school
aged youth, has recently been recognized on a state level as the first recipient of the "Shining
Star" award for Charter Schools and by the Palm Beach County School District for its excellence
in vocational programming.
Mr. Squatrito stated a few years ago Officer Pund and Officer Glass of the Police
Department approached him about bringing some kids from Delray who were coming out of jail
or heading towards jail from culturally deprived and economically deprived neighborhoods in
this community. Mr. Squatrito stated these kids were falling out of school and going into crime
as a way to support their homes, families, and so forth. Mr. Squatrito stated the Ed Venture
Charter School was not designed for this population. However, because of the enthusiasm of
Officer Pund and Officer Glass, Mr. Squatrito stated they developed a model program
exclusively for this population. Mr. Squatrito stated that after two years Jeff Industries, Inc.
proposed to Palm Beach County School District that there be a new Charter School in Delray
Beach and make it exclusively for students from Delray. Mr. Squatrito stated the Palm Beach
County School Board was very supportive of this idea and encouraged Jeff Industries, Inc. to
come forward with this idea.
Mr. Squatrito stated the Palm Beach County School Board has committed
$100,000 to help fund building a facility. Mr. Squatrito stated there are a few fundraisers
planned and Jeff Industries, Inc. is asking the City for a commitment of $100,000. Mr. Squatrito
suggested that the City own the building and lease to Jeff Industries, Inc. In addition, Mr.
Squatrito is asking the Commission for $150,000 as a match towards the Palm Beach County
School District money so they can run the vocational and employment placement. Mr. Squatrito
stated 100% of the students that graduate from these schools are employed and must hold their
jobs for 18 weeks successfully full time before they can graduate. The automotive model
program they are using is YATC, which is located in Broward County and has been highly
successful. Mr. Squatrito stated something locally has to be done in order to redirect the crime
wave.
Mayor Schmidt asked for clarification regarding the funding amounts. Mayor
Schmidt stated originally he was told that Jeff Industries, Inc. was coming to the City to ask for a
contribution of $100,000. Mr. Squatrito clarified that the funding Jeff Industries, Inc. is
requesting from the City is $100,000 commitment towards the building and another $150,000
each year for three years for a commitment towards operating expenses.
Mr. Squatrito stated they would like to open the school in August 2001. Mayor
Schmidt asked Mr. Squatrito what amount of money he will need in order to open the school by
August l St? Mr. Squatrito stated he will need to recalculate this for a more accurate figure and
stated Jeff Industries, Inc. could take a commitment of $50,000 from the City.
Mr. Levinson asked for clarification regarding the funding amounts. Mr. Sheffer
stated they have a building fund in which they need $300,000. They currently have $100,000
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04/17/01
commitment from the County and $100,000 from private sectors and they need $100,000 from
the City of Delray Beach. They are also requesting $150,000 from the City for the next three
years for operational expenses. Mr. Levinson asked how many students they plan on having? In
response, Mr. Squatrito stated the first year they will have a total of 20 students and are looking
to increase to a maximum of 45 students. Mr. Levinson stated he does not see any dollars from
the private sector other than what they talked about and commented that YATC is overwhelming
funded by the car dealers. Mr. Levinson asked where their money falls into this? Mr. Squatrito
stated this money falls into donations and other grants.
Discussion followed between Mr. Squatrito and Commissioner Levinson. Mr.
Squatrito explained that $65,000 is the in-kind police officer assigned to the school (Behavioral
Specialist) and the other $5,000 is money out of the Chief's fund. Mr. Levinson inquired about
the money for Weed & Seed and whether or not the $25,000 is from Delray Beach or Palm
Beach County? Mr. Levinson clarified that the total commitment from the City would be
$150,000 plus the $70,000 plus the $25,000 in operations. The City Manager stated the $25,000
is primarily Federal money with some State and County and clarified that there is no City money
in the Weed & Seed. Mr. Levinson asked that the City redirect the funds of $25,000 as it relates
to Weed & Seed.
Mr. Perlman asked if the budget submitted by Jeff Industries, Inc. is based on the
Hollywood YATC model? In response, Mr. Squatrito stated this budget is based on what they
have done themselves vocationally and conversations with YATC. Mr. Perlman asked what
happens in year four in terms of the City's commitment? In response, Mr. Squatrito stated Jeff
Industries, Inc. hopes to become more self-sufficient but they may still need some commitment
and assistance from the City.
Discussion by the Commission followed.
Mr. Perlman asked about the Community Development Block Grant Funds. With
regard to State Laws regarding Charter Schools, Mr. Perlman asked if this is set up as a Delray
Beach Municipal Vocational Charter School and the City decides to contract it with Jeff
Industries, Inc. to provide curriculum services, would the State pay for the building? In response,
Mr. Levinson stated the State had some funds, which were available for Charter School Capital
money, however, was phased out over a period of years with last year being the last year.
Ms. McCarthy asked Mr. Squatrito about the student enrollment and how many
students he expects will be enrolled by the second year? In response, Mr. Squatrito stated the
first year they expect 20 students, and the second year they hope to have between 35-40 students.
Ms. McCarthy asked why the City has to commit for three years? Mr. Squatrito stated because
the Palm Beach County School District contract requires a commitment of three years. Ms.
McCarthy inquired as to whether or not this is open to all car dealerships that do business in
Delray? In response, Mr. Sheffer commented that some of the car dealerships in Delray Beach
are corporately owned.
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04/17/01
Mrs. Archer stated that Mr. Squatrito indicated that he would start off with 20
students and end with 45 students and also indicated that he was going to bring on other
vocations. Mrs. Archer asked if this means that the maximum number of students for automotive
training is 20? Mr. Squatrito stated for automotive training the maximum number of students is
going to be around 20 for the first three years and is looking to double the capacity in other
trades. Mrs. Archer stated that Mr. Squatrito indicated that the automotive industry was looking
at this model program.
Mrs. Archer asked the City Manager if the City is in a position to come up with
$150,000 by August for this purpose? In response, the City Manager stated the $50,000 would
need to be looked into. The $150,000 could be placed in next year's budget and it would
available October 1st. As far as the $100,000, the City Manager stated if the City has reserved
$250,000 for neighborhood improvements and although the City reserved this money intending
to use it for another purpose, he feels the school will have a great impact on the neighborhood.
Mr. Levinson stated that there does not appear to be any student growth in the
numbers in the three-year budget that is being proposed by Mr. Squatrito. Mr. Squatrito
anticipated increasing the number of students with the staff they have. However, they made need
to hire another academic teacher the third year. Mr. Levinson expressed concern because Jeff
Industries, Inc. is asking for a three year commitment and stated even though they may receive
additional revenues on a FTE basis, they have not adjusted the budget to reflect increased
expenses and it may not be enough to cover the cost of the education.
Mr. Levinson stated he is trying to understand how Mr. Squatrito got from 20
students to 45 students in year three when he only increased revenues by $28,000 from the
School Board, which is usually incremental by the FTE. Mr. Squatrito stated they will be
overstaffed the first year and anticipates adding a part-time academic teacher to do GED online.
Mayor Schmidt stated this item should be on a Workshop Meeting and not on
tonight's agenda as a presentation. Mayor Schmidt commented that if the City agrees to take the
building then the City is taking on the potential liability of fixing up the building as well as any
long-term maintenance for the building. Mayor Schmidt stated he thinks the program and the
idea are wonderful but commented that this item is not on the agenda. Therefore, all the
Commission can do is give direction to staff.
It was the consensus of the Commission to move forward with the idea of the
commitment for the $100,000 for the building questioning whether or not the City would like to
own it, and the funding amount of $150,000 for the operating commitment; and, have Jeff
Industries, Inc. discuss with City staff to review what needs to be paid in this fiscal year by
September 30, 2001, and bring back to the Commission for further discussion.
Mr. Levinson stated the City's commitment may decrease as the years go on and
suggested that the money be match money matched by private donations. He feels the people
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04/17/01
who will have the greatest gain with all deference to the City are the car dealerships who are
going to get talented skilled technicians.
Ms. McCarthy stated she debates comments expressed by Mr. Levinson because
she feels that they will need to go through enough criteria of match money every time they apply
for a grant. Ms. McCarthy stated because there is such a need for larger corporations to do
something to address their diversity. In addition, she feels the City should aggressively go after
these corporations who are committed to spending "xxx" number of dollars towards bettering
communities and young people who have culturally diverse nationalities. In conclusion, Ms.
McCarthy stated although she feels this is a wonderful reason to spend money, she would like to
see less commitment long term by the City.
With regard to the automobile dealerships getting qualified technicians, Mr. Glass
explained that the car dealerships will get someone at entry level to get them to the master
technician level which requires $50,000 in training per student through Volvo to get them to that
level.
Mayor Schmidt gave direction to the City Manager to have staff review this and
would like to look into the issue about owning the building, funding, and perhaps talk to the
grant consultant in the interim to get an idea what money may be available. Mrs. Archer stated
perhaps a diminishing commitment on the part of the City over the three-year period. In
addition, Ms. McCarthy suggested the City check with Dorothy Ellington, Executive Director of
the Delray Beach Housing Authority, as another resource because she may know of HUD money
that may be available.
At this point, the time being 7:20 p.m., the Commission moved to Item 10, the
Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. REQUEST FOR HEIGHT WAIVER/OLD SCHOOL SQUARE: Consider a
request for a waiver to the provision of LDR Section 4.3.4(K), "Development Standards Matrix",
to allow an increase in the height of the bandshell/stage located at Old School Square, at the NE
comer of Atlantic Avenue and Swinton Avenue (51 N Swinton Avenue) from the maximum of
thirty-five feet (35') to thirty-eight feet, eight inches (38' 8") in order to accommodate the
technical requirements based on the width and the depth of the stage.
A public hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Planning Director, stated at its meeting of April 4, 2001, the
Historic Preservation Board approved site and development plans for Phase 1, which includes a
band shell, concession/restrooms/light & sound building and loggia. The development proposal
included a waiver request to increase the height of the proposed band shell from 35t to 38t 8".
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04/17/01
Per LDR Section 4.3.4(K), the maximum allowed building height in the OSSHAD
zone district is 35'. The proposed band shell exceeds the maximum building height as the mean
height between the eaves and ridge is 38' 8" from grade. The applicant requests a waiver from
the building height pursuant to LDR Section 2.4.7(B)(1)(b), which allows the City Commission
special powers to grant a waiver to any provision of these regulations when there is no other
avenue for relief. Pursuant to LDR Section 2.2.6(D)(6) and 2.2.4(D)(3), the Historic
Preservation Board is prohibited from granting variances to the height regulations.
Mayor Schmidt declared the public hearing open. Them being no one who
wished to address the Commission, the public hearing was closed.
Mr. Levinson moved to approve the request of a waiver to increase the height of
the bandshell/stage located at old School Square from 35' to 38' 8" based on a positive finding
with respect to LDR Section 2.4.7(B)(5), seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 23-01 {FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending LDR Section 4.3.3(I) Foster Homes and Group Homes, and related
zoning districts, pursuant to LDR Section 2.4.5(M). If passed, a public hearing will be scheduled
for May 1, 2001.
The City Manager presented Ordinance No. 23-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL PROVISIONS,"
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES" OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING SUBSECTION (I), "FOSTER HOMES
AND GROUP HOMES", AND ENACTING A NEW SUBSECTION
(I), "COMMUNITY RESIDENTIAL HOMES AND GROUP
HOMES", TO PROVIDE FOR REGULATION OF GROUP HOMES
AND COMMUNITY RESIDENTIAL HOMES; AMENDING
SECTION 4.4.1, "AGRICULTURE ZONE DISTRICT (A)",
SUBSECTION 4.4.1(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED"; AMENDING SECTION 4.4.2, "RURAL
RESIDENTIAL (RR) ZONE DISTRICT", SUBSECTION 4.4.2(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED";
AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL
(R-l) DISTRICTS", SUBSECTION 4.4.3(B), "PRINCIPAL USES
AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.5,
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"LOW DENSITY RESIDENTIAL (RL) DISTRICT," SUBSECTION
4.4.5(B), "PRINCIPAL USES AND STRUCTURES PERMITTED",
SUBSECTION 4.4.5(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED, SUBSECTION 4.4.6(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION
4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED",
SUBSECTION 4.4.9(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; BY AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION
4.4.13(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED"; AMENDING SECTION 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICT," SUBSECTION 4.4.17(B), "PRINCIPAL
USES AND STRUCTURES PERMITTED", SUBSECTION
4.4.17(C), "ACCESSORY USES AND STRUCTURES
PERMITTED", SUBSECTION 4.4.17(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION
4.4.21(B), "PRINCIPAL USES AND STRUCTURES ALLOWED",
SUBSECTION 4.4.21 (D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD),
SUBSECTION 4.4.24(B), "PRINCIPAL USES AND
STRUCTURES", SUBSECTION 4.4.24(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED" TO PROVIDE FOR THE
REGULATION OF GROUP HOMES AND COMMUNITY
RESIDENTIAL HOMES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 23-01 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.
Paul Dorling, Planning Director, stated this amendment is corrective in nature.
The State Legislature amended Chapter 419, Florida Statutes, regarding the regulation of group
home and community residential homes. Thus, the City's Land Development Regulations
regarding group homes and community residential homes require amendment to conform with
the State's requirements under Chapter 419, Florida Statutes. LDR Section 4.3.3(I) currently
lists specific requirements for group homes and foster homes. The amendment includes a
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definition, additional requirements for community residential homes, and the elimination of
certain classifications of group homes, which are no longer applicable. The amendment also
includes distance requirements between facilities, from schools, and single family zoning
districts. This ordinance will replace Section 4.3.3(I) Foster Homes and Group Homes, in its
entirety.
The Planning and Zoning Board held a public hearing regarding this item at its
meeting of March 19, 2001. There was no public testimony regarding the text amendment.
After discussing the amendment, the Board voted 6-1 (Bird dissented) to recommend to the City
Commission approval of the proposed text amendment, based upon positive findings with
respect to LDR Section 2.4.5(M).
Ms. McCarthy inquired as to why Mr. Bird dissented. Mr. Dorling stated
Chairperson Bird did not feel it was appropriate to apply distance criteria for certain types of
group homes, such as those that would accommodate the elderly.
Ms. McCarthy asked Mr. Dorling when this was reviewed, did he see any
conflicts with certain types of homes within distance requirements? In response, Mr. Dorling
informed Ms. McCarthy that he did not see any conflicts. Ms. McCarthy asked if there is a large
complex and there is going to be an Alzheimer's facility and an assisted care facility that wished
to be in the same block do they have a way to overcome this ordinance? The City Attorney stated
this is a group home ordinance and not a medical treatment ordinance. Ms. McCarthy
commented that she is under the impression that an Alzheimer's facility where people stay
overnight would qualify as a group home or would that be governed by other regulations?
Jay Jambeck, Assistant City Attorney, stated the rationale for the spacing
requirements is to try and prevent institutionalization of persons with disabilities. Mr. Jambeck
stated that an Alzheimer's facility could indeed qualify as a group home if they are considered
disabled under Florida Statutes as long as there is no treatment being provided. Otherwise, Mr.
Jambeck stated it would then be considered a treatment type of facility or hospital.
Discussion by the Commission followed.
Ms. McCarthy commented that some residential facilities have a common eating
area or a common recreational area. Ms. McCarthy stated if this is a possibility, does the City
have things in place to tell us how they would be able to do something different? Ms. McCarthy
stated that because they would use common facilities it could be interpreted as a group home.
Mr. Jambeck stated the interpretation could be that if there is a group home serving Alzheimer's
and serving another sector of persons with disabilities, then it could be one facility.
The City Attorney stated that there is a specific exclusion on page three of the
ordinance under Section 4.3.3(I), Section (2) Applicability that reads as follows:
(2) Applicability: "This section shall be applicable but not limited
to Community Residential Homes and Group Homes which
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constitute a new facility or a modification of an existing lawful
facility which increases the floor area or the permitted number
of residents. This section does not include foster homes;
assisted living facilities; continuing care facilities; abused
spouse residences; child care facilities; adult day care
facilities; convalescent homes, homes for the aged or nursing
homes; nor alcohol and drug abuse treatment facilities as
regulated in LDR Section 4.3.3(D)."
The City Attorney stated although these facilities listed above are specifically
excluded it is not to say that there may be some combination that could fall under this. Mr.
Jambeck added that a lot of this has to do with how these facilities are licensed by the State. Mr.
Jambeck stated the Attorney's office deals with mainly the Land Use issues and the State deals
with the distinction between the facilities so if there are some "gray" areas it is do to the
licensing requirements.
Mayor Schmidt declared the public hearing open.
John Bennett~ 137 Seabreeze Avenue, stated he would like to confirm his
understanding based on the definition in Section 4.3.3(I)(3)(b) "Community Residential Home"
on page seven of the proposed ordinance. The term "Community Residential Home" means a
dwelling unit licensed to serve clients of the Department of Children and Family Services, which
provides a living environment for 7 to 14 unrelated residents who operate as the functional
equivalent of a family, including such supervision and care by supportive staff as may be
necessary to meet physical, emotional, or social needs of the residents. Therefore, Mr. Bennett
stated his understanding is that this would have no application to so called "drug flop houses"
which do not require a license from the State.
Mr. Jambeck stated this definition comes directly from Chapter 419.001(1),
Florida Statutes (2000) for the Community Residential Homes so it would not apply to any
unlicensed facilities. However, Mr. Jambeck stated the group home category does apply to
facilities that are not licensed through the State. The group homes are essentially the same
category as a community residential home with different amount of residents.
George Jan~ 220 S.E. l0th Street, expressed concern over the Group Home, Type
1 and Group Home, Type 2 classifications on page four of the proposed ordinance. Previously,
Mr. Jan stated the definition of Community Residential Home Type 1, is properly defined by
specifically directing it to residents. He stated the word "residents" is defined very carefully in
Section 4.3.3(I)(3)(a). However, the definition of Group Home, Type 2, Mr. Jan stated it appears
that it would cover any apartment in the City. Therefore, the 500-foot setback from a residential
area would apply. Mr. Jan explained that his son leases and he is not licensed through the State.
Mr. Jan suggested that the definition of Group Home Type 2 "A group home which provides
lodging or related services for fifteen (15) or more unrelated individuals which is not licensed to
serve clients of the Florida Department of Children and Families" be defined as "residents"
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instead of "unrelated individuals". He feels if this change were made then the verbiage would be
more consistent with the rest of the ordinance and would conform better with Chapter 419.001(1)
of the Florida Statutes.
Discussion by the Commission ensued.
The City Attorney stated on page four of the ordinance under Section
4.3.3(I)(3)(4)(c) it mentions unrelated individuals whereas in Section 4.3.3(I)(3)(c) the Group
Home definition does not really address this. The definition is as follows:
(c) Group Home: "The term "Group Home" means a home,
and/or a building or part thereof operated, or group of buildings,
which otherwise meets the definition of a Community Residential
Home but which has either less than 7 residents or more than 14
residents."
Mr. Jambeck stated he believes there is a distinction between what Mr. Jan was
discussing and the definition as it exists in the ordinance.
Mayor Schmidt stated as he understands the issue, Mr. Jan wants to make sure
that the City is relating the definition of "residents" to all of these homes. Mayor Schmidt feels
the definition of Group Homes meets the definition of Community Residential Home.
Ms. McCarthy stated she agrees that the verbiage is technically fine. However,
Ms. McCarthy feels the verbiage should be kept consistent throughout the ordinance in order to
make it easier for someone if they were to read only a portion of the ordinance versus reading the
entire ordinance. Mr. Jambeck stated staff could make the change to Section 4.3.3(I)(4)(b) to
make the verbiage more consistent.
There being no one else who wished to address the Commission on this item, the
public hearing was closed.
Ms. McCarthy moved to approve Ordinance No. 23-01 on First Reading/First
Public Hearing with the text change, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 22-01: An ordinance amending Chapter 4, "Zoning
Regulations" of the LDR's by amending Section 4.6.7, "Signs", clarifying the purpose and
regulations relating to non-commercial speech; repealing the sign matrix chart and enacting a
new sign matrix chart; amending the definition section by amending the definitions of on-
premise sign and vehicular sign. Prior to passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time.
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The City Manager presented Ordinance No. 22-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH FLORIDA, AMENDING CHAPTER 4,
"ZONING REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.7,
"SIGNS", IN ORDER TO CLARIFY THE PURPOSE AND TO
CLARIFY REGULATIONS RELATING TO NON-
COMMERCIAL SPEECH; REPEALING THE SIGN MATRIX
CHART AND ENACTING A NEW SIGN MATRIX CHART;
AMENDING THE DEFINITION SECTION BY AMENDING THE
DEFINITIONS OF ON-PREMISE SIGN AND VEHICULAR
SIGN; PROVIDING FOR ENFORCEMENT AMENDING
CERTAIN RESTRICTIONS; PROVIDING FOR RELETTERING
AND RENUMBERING; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 22-01 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.
Mr. Levinson stated that the Legislature is currently dealing with a potential
change in the billboard requirements. If this is enacted, Mr. Levinson inquired as to whether or
not it will require any additional modifications to this ordinance.
The City Attorney stated that the City does not really have an amortization
schedule. However, the City Attorney noted additional changes will be forthcoming regarding
the sign code.
Mayor Schmidt declared the public hearing open.
John Bennett, 137 Seabreeze Avenue, commented about verbiage in Section
4.6.7(3) Subparagraph (c) regarding Temporary Political Signs where it reads ". ....... provided
that prior to the removal by the City, the City shall, within the ten day period, send by certified
mail, return receipt requested, to the addresses of the owner of each property where on the
temporary political sign is located and owner is listed on the current tax rolls of the
County .............. "Mr. Bennett stated there are either not enough words or there are too many
words in this subparagraph. He feels the language does not flow properly. Mr. Bennett stated if
you compare this procedure for temporary political signs and how to get rid of them with the
procedure for certain other nonconforming temporary signs on page 21, subparagraph (K)(2)(b)
where it reads ". ........ a notice will be sent, either in person or by first-class postage, prepaid, to
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the occupant of the property from which the sign was removed, and if the sign identifies a party
other than the occupant of the property, the party so identified. The notice shall advise that the
sign has been removed and shall state that the sign may be retrieved within 30 days of the date of
the notice, and that, if the sign is not retrieved within 30 days, it will be disposed of by the
City ........... "Mr. Bennett stated that the statement on page 21 of the ordinance refers to a first
class letter. With regard to the statement on page four of the ordinance, Mr. Bennett stated that
the City sends someone a certified letter in advance which costs approximately $3.40 more than
a first class letter. Mr. Bennett commented that although it is nice to honor political signs more
than other signs, he feels this is a bureaucratic way of handling this procedure.
Mr. Bennett stated there use to be a rather large sign (approximately 8' x 12')
located in someone's front yard in Hillsboro Beach along A1A. Mr. Bennett stated for a while
the sign read "Impeach Clinton" then it was changed to read "Convict Clinton".
The City Attorney stated they would still need to meet the size requirements and
there is nothing that allows a sign of that size to be erected, however, someone can say whatever
they would like to on a sign.
There being no one who wished to address the Commission on this issue, the
public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 22-01 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 24-01: An ordinance amending LDR "Definitions" section
to provide clarification to the definition of "Ground Floor Building Area". 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. 24-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING APPENDIX "A", "DEFINITIONS", TO CLARIFY
THE DEFINITION OF "GROUND FLOOR BUILDING AREA";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-01 is on file in the City Clerk's office.)
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The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 24-01 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 26-01: An ordinance amending Chapter 71, "Parking
Regulations", of the City Code of Ordinances by amending Section 71.07, "When Impoundment
Authorized", by amending Subsection (E) to include emergency vehicles. 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. 26-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
"PARKING REGULATIONS," OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 71.070, "WHEN IMPOUNDMENT AUTHORIZED," BY
AMENDING SUBSECTION (E) TO INCLUDE EMERGENCY
VEHICLES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26-01 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.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
At this point, Ms. McCarthy asked the City Manager when this was put into place,
did staff look at some of the narrow streets through the City that do not have parking restrictions
where people are actually parking on the street? In response, the City Manager stated those
situations are already dealt with in State Law and in the City Code. The City Manager stated
there is a concern with Eve Street and a few other streets that are gated off but the gate has a lock
box on it so that the Fire Department can get through in the event of an emergency. The concern
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was that someone could park in front of that gate and then the Fire Department could not get
through because it would be blocked by the person parking there. The City Manager explained
that the City Code did not give the City specific authority to tow a vehicle in that situation. If
someone parks on a street where they obstruct the normal flow of traffic, the City Manager stated
the City now has the authority to remove them.
Mrs. Archer moved to adopt Ordinance No. 26-01 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 27-01 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2001-1): Consider on first reading an
ordinance adopting Comprehensive Plan Amendment 2001-01 and associated Future Land Use
Map (FLUM) amendments, and authorize transmittal to the State Department of Community
Affairs Amendment 2001-1 includes:
The City Manager presented Ordinance No. 27-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2001-1 PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2001-1" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 27-01 is on file in the City Clerk's office.)
IO.F. 1.
Schools;
General update of Goal Area "D" of the Future Land Use Element, relating to
10.F.2. Modification of the definition of Community Facilities Land Use description, in
the Future Land Use Element;
10.F.3.
General update of the Public Facilities Element;
10.F.4.
boundaries;
General update of Comprehensive Plan Map Series to reflect current City
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10.F.5. 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; and
10.F.6. The change to the FUTURE LAND USE MAP (FLUM) involves one area of land
which will be transmitted as a part of Amendment 2001-01.
Dan Marfino, Senior Planner, stated this was iniated before the Planning and
Zoning Board Meeting at their meeting of February 26th and before the City Commission on
March 6th. The Planning and Zoning Board held its public hearing regarding the amendment on
April 16, 2001.
The amendment involves one Future Land Use Map Amendment, Temple Sinai-
North, which was included with the initiation, has been withdrawn by the applicant. However,
one additional Future Land Use Map Amendment (Fanelli Annexation), which was previously
not included, has been added. Modification of the definition of the Community Facilities Land
Use Designation has also been removed from this amendment, pending further analysis. In
addition, the Palm Beach County School Board has removed the modification of Future Land
Use Element Goal Area "D", regarding the revised policy of racial balancing in schools, pending
proposed revisions in School Board policies. The remaining items in the Plan Amendment
consist of numerous text changes along with map and table updates.
Mr. Marfino stated this is a transmittal public hearing and if the amendment is
approved it will be sent to the State Department of Community Affairs (DCA). Upon return of
comments from the State, the adoption hearing is scheduled for the August Planning and Zoning
Board Meeting and final adoption at the City Commission Meeting of September 4, 2001.
Paul Dorling, Planning Director, explained that the Fanelli Annexation is a
privately iniated Future Land Use Map amendment involving the 2.65 acre site, to the east of the
Boys Farmers Market, from County Land Use Map designation of HR-8 (High Density, 8
units/acre) to City Land Use Map Designation of GC (General Commercial) amendment that is
part of this transmittal which involves the Fanelli property. Mr. Dorling stated it is four
properties under common ownership including the tract, which connects that property to Military
Trail (depicted on overhead). It contains two single-family residences that exist on two parcels.
In February 2001, the Palm Beach County Building Department issued a permit to construct a
10,000 square foot coal storage building on one of the southern parcels. The proposed use of
these properties would be for the 10,000 square foot coal storage building and four additional
parking spaces for the Boys Farmers Market. The property is located within a Future
Annexation area designated in the Comprehensive Plan as Area C and the Future Land Use
Element calls for annexation of eligible properties. The annexation is consistent with Florida
Statutes 171 regarding annexation and positive findings with respect to concurrency and
rezoning findings are noted in the staff report. With respect to consistency between the proposed
City and County Land Use Designation, the existing County Land Use Designation is HR-8
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04/17/01
(High Density Residential) and the City's Advisory Designation for this parcel is transitional.
The applicant has requested that the parcel come in with a general commercial
designation, which allows multi-family use as well as a variety of commercial, and office uses.
Neither the City Advisory designation of transitional nor the request for general commercial is
wholly consistent with the current County designation. The property is located immediately
behind commercial property and its only access is through that commercial development. Under
these circumstances, commercial development appears appropriate for the subject property if
property buffering is provided to the residential area to the east (Lee's Crossing).
Compatibility with the abutting residential properties is a concern. However, Mr.
Dorling stated there are sufficient regulations in place to mitigate these impacts. With future site
development, trees would be required at least 25' spacing along the east property line and every
30 feet along the north and south. In addition, it was suggested the future processing of site
plans that a perimeter wall be provided as well as an open space buffer.
The Planning and Zoning Board held its public hearing regarding the amendment
on April 16, 2001. Mr. Dorling stated several members of the public were in attendance
including a lady who owns the shopping center as well as several residents from Lee's Crossing.
Their compatibility concerns centered on the construction activity that is currently going on and
the impact of that construction activity. These concerns with further development of the site
would be something the City would be looking for with future site development plans. After
discussion, the Planning and Zoning Board unanimously recommended approval of the
annexation, the zoning, and the future land use application. Mr. Dorling stated staff has an aerial
map for the general public to view.
Mrs. Archer asked whether or not the surrounding areas are within the City
limits? In response, Mr. Dorling stated this property is surrounded by City property and pointed
out that further east of this subdivision is a County enclave.
Gary, Haratsis~ resides at 124 W. Lee Road and President of Lee's Crossing
Homeowners' Association~ stated his property abuts this property and commented Lee's
Crossing Homeowners' Association does agree that annexing this property into the City will be a
benefit because the City will have more control over the future outcome of the property. As it
now stands, Mr. Haratsis stated Lee's Crossing Homeowners' Association is unhappy and feel
there has been too much noise. The construction has taken place and numerous vehicles such as
refrigeration trucks are parked across the back area. Mr. Haratsis stated the lower area on the
aerial map under the line shows many trees. Mr. Haratsis stated these trees are no longer located
there as they were removed last summer. In addition, there is a dirt road constructed and
vehicles have been driving through the area. Lee's Crossing Homeowners' Association is now
concerned about what is going to happen with this property that has lost its trees and has taken
away their privacy. In conclusion, Mr. Haratsis thanked the Commission for their time and
attention to this matter.
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04/17/01
Michael Weiner, representing Mr. Fanelli (owner), stated that the Planning and
Zoning Staff Report meets the burden of proof with respect to demonstration on annexation,
future land use map, and zoning. Mr. Weiner and Mr. Fanelli attended the Planning and Zoning
Meeting last evening and Mr. Weiner stated the neighbors did not fall on deaf ears. Mr. Fanelli
wants to make it known that by completing the 10,000 square foot cooler they no longer have to
use the inefficient system of air conditioned trucks. Mr. Fanelli is the owner of the land and
rents to Boys Farmers Market. He is in touch with them because the tenant is not getting along,
as well they should be with the neighbors. By having the cooler facility, the inefficient system of
trucks and having trucks keeping the vegetables cool comes to an end as soon as that facility
opens. Other things concerning the operations, which Mr. Fanelli is talking to Boys Market
about, are things such as loud speakers and other things that have upset the neighbors. Mr.
Weiner complimented staff for a job well done with respect to the site plan with the original
Boys Market and Mr. Weiner feels this gives the City the opportunity to extend those kinds of
conditions with respect to the back land. As Mr. Haratsis pointed out, Mr. Weiner stated the City
is actual improving the changes of being able to make this a compatible area with the
surrounding neighborhood by annexing it and granting it as Future Land Use Map and Zoning.
Mr. Weiner reiterated that they are not turning a deaf ear to those surrounding properties and
understand that they will abide by what the City has as conditions.
Mr. Perlman moved to approve Ordinance No. 27-01 on FIRST Reading and
adopting Comprehensive Plan Amendment 2001-01 and associated Future Land Use Map
(FLUM) amendments, and authorize transmittal to the State Department of Community Affairs,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the City Commission moved to Item ll.A., City Manager's
response to prior public comments and inquiries.
ll.A.
Ci.ty Manager's response to prior public comments and inquiries.
In response to a prior suggestion for the City to erect signs in the medians of some
of the major streets to help inform more people of the Annual Town Hall Meeting, the City
Manager does feel this is a good suggestion (to use the medians on Atlantic Avenue between 1-
95 and Swinton Avenue) and will try to ensure this is done prior to the 2002 Annual Town Hall
Meeting.
Regarding a prior comment concerning the surcharge for use of water in excess of
15 thousand gallons and people not being aware of the increase, the City Manager stated at that
time a message regarding the Downtown Charrette was printed on the water bills. Since the
Downtown Charrette is fast approaching, the message has been removed from the water bills
and replaced with a message advising customers about the 30% surcharge.
ll.B.
From the Public.
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ll.B.1. Robert Dimond~ resides at 1332 S.E. 7th Street~ Deerfield Beach~ and
representing Marine Safe .fy Group~ addressed the Commission with regard to thc feeding of
marine predators particularly sharks by commercial dive boat operators in our local coastal
waters. Mr. Dimond stated thc feeding of sharks and other marine predators is thc intentional
conditioning of these predators to associate humans with food so that they may be able to
approach humans and fulfill the requirements of the dive operator who is charging a customer to
see these animals. In addition to Delray Beach, Mr. Dimond stated he has been before four other
cities and all four cities have sent letters to thc State requesting a State ban on this practice.
Three of the four cities have adopted ordinances to ban the feeding of marine wildlife in their
local waters which include Deerfield Beach, Hillsboro Beach, and Lighthouse Point is in thc
process of their final public hearing for their ordinance. The wildlife managers agree that the
feeding of marine wildlife is a danger to the public and is also dangerous to the animals
themselves making them less capable of protecting themselves and finding their own food. Mr.
Dimond stated there are also some legal issues that he is not qualified to address. Mr. Dimond
asked the City Commission to draft a letter to the State of Florida requesting that the State ban
this activity in all State waters. Thc State of Florida will be meeting on May 24th to address this
issue and feels it is important that the cities let the State know where they stand on this issue so
the State can make a ruling. In addition, Mr. Dimond urged the City to adopt an ordinance
similar to the Deerfield Beach and Hillsboro Beach ordinance that would prohibit the feeding of
marine wildlife in its coastal waters.
ll.B.2. Captain Tony Coulter~ resides at 1001 S.W. l0th Street, Boca Raton~ and
owner of a dive charter operation in Boca Raton~ stated hc has been working out of the Boca
area from Boynton Beach to Dccrficld Beach for approximately 20 years and is willing to
address questions or concerns the Commission may have on thc shark feeding issue. Captain
Coulter stated this is a bad practice. Hc stated that while doing rescues with recreational boaters
come to these sites unaware of what has been going on there. Hc explained there was one
incident where fingers have been bitten and thc thumb of a woman was severed. Hc feels the
situation is only getting worse and feels if thc Stated decides not to do something about it then it
will soon open up a Pandora's Box.
Mr. Perlman commented he read an article in the New York Times regarding
Pompano Beach. Captain Coulter stated the area most affected is actual from Deerfield Beach
south. A few of the operators out of Boynton Beach are trying to get a "shark park" going out in
some of the reefs in the north Delray Beach area (in approximately 60 feet of water). He stated
on the web site for Maryland State University Dr. Jeanne Clark conducted a study regarding the
conditioning of nurse sharks and trained the sharks how to get food. He feels sharks can
definitely be conditioned and is strongly opposed to the feeding of marine wildlife because he is
concerned about the safety of his divers. Mr. Coulter stated there are over 30 documented cases
of people who have been injured as a result of this practice.
Ms. McCarthy stated that when people are out at the end of a pier fishing
sometimes it looks like they throw things out in the water as a way to attract a fish so that they
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04/17/01
can catch bait. She asked if this is an example of what Captain Coulter is talking about. Captain
Coulter stated this is not an example of hand feeding the animal.
ll.B.3. Jean Beer, 2145 S.W. 26th Terrace, stated she understands the Commission
supports the Youth Automotive Training Center (YATC) Program and is confident the City will
find money for this program. She stated the City could get money by taking out the two round-a-
bouts in the Pineapple Grove area. She stated she fully supports Joe Gillie, Director of Old
School Square, but feels that if Old School Square can raise $15 million dollars then they should
be able to raise enough money to carry their own operating expenses first.
Ms. Beer stated she understands there is a vacancy on the Community
Redevelopment Agency (CRA) Board and that there are three more vacancies coming up. The
CRA was organized over 15 years ago and was supposed to be for twenty years. One of the
major projects to be completed was West Atlantic Avenue. Ms. Beer stated when East Atlantic
Avenue was completed the priority was focused to the North Federal Highway area and then the
Seacrest/Del Ida area. She feels the priority should have been and still is West Atlantic Avenue.
The present group on the CRA Board are from the East Atlantic Avenue area. Ms. Beer feels the
four appointments coming up on the CRA Board should consist of as many people from the West
Atlantic Avenue business community and the residential area as possible and urged the
Commission to take this into consideration when making their appointments. In addition, Ms.
Beer suggested that the City put a sunset date on the CRA.
ll.B.4. Henry Williams, 310 N.W. 3ra Avenue, concurred with comments expressed by
Ms. Beer regarding West Atlantic Avenue and the CRA. Mr. Williams reiterated that the City
consider putting a sunset date on the CRA.
CONSENT AGENDA: City Manager Recommends Approval.
8oAo
LEASE & MANAGEMENT AGREEMENT/SPADY HOUSE PROPERTY:
Approve the Lease and Management Agreement between the City and Expanding and Preserving
Our Cultural Heritage, Inc., (EPOCH) for the Spady House Property.
8.g°
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period April
2nd through April 13, 2001.
8°C°
AWARD OF BIDS AND CONTRACTS:
Bid award in the amount of $84,800.00 to Murray Logan for rehabilitation
of Lift Station #31. Funding is available in 442-5178-536-61.83 (Lift
Station Conversion to Submersible).
Purchase award in the total amount $24,772.00 to Southeastern Pumps for
submersible pumps as part of our preventive maintenance program.
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04/17/01
Funding is available in 441-5144-536-46.20 (Equipment Maintenance).
Purchase award in the total amount of $27,725.60 to Hydro Pumps for two
hydrated lime pumps and related equipment. Funding is available in 441-
5161-536-64.90 (Other Machinery & Equipment).
Contract award in the total amount of $1,698,495.00 to Chaz Equipment,
Inc. for the Seacrest/Del Ida Neighborhood Improvements Phase II.
Funding is available in the amount of $828,673.00 from 334-3162-541-
62.54 (General Project Fund); $472,320.00 from 442-5178-536-65.03
(Water & Sewer); $134,000.00 from 448-5461-538-65.03 (Drainage
Project); $189,000.00 from 448-5461-538-65.20 (Drainage Project);
$63,364.00 from 370-3162-541-65.43 (2000 Bond General); and
$11,138.00 from (2000 Bond Storm Water).
Mr. Perlman moved to approve the Consent Agenda subject to Item 8.A., subject
to the City Attorney's recommendation, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
REGULAR AGENDA:
9.A. REQUEST FOR AN ADDITIONAL QUEUING AREA ON ATLANTIC
AVENUE: Consider a request for an additional queuing area on Atlantic Avenue on the second
block east of Swinton Avenue in proximity of 110 East Atlantic Avenue.
Scott Aronson, Parking Management Specialist, stated at the Parking
Management Advisory Board (PMAB) meeting of February 13, 2001, the applicant made a
presentation for an additional parking queue and associated Parking License Agreement on
Atlantic Avenue, on the second block east of Swinton Avenue (Grip Building). The applicant
proposed that the queue is to be used for overflow from the existing queue on the first block east
of Swinton Avenue (32 East), and would be utilized only when the queue on the first block is
full.
Michael Weiner~ Attorney representing applicant, stated at the PMAB meeting
there was a vote (5-4) in favor of the queue on Atlantic Avenue with instructions that the
applicant come back for the purposes of cleaning up some small details that had to do with where
employees would park. Mr. Weiner explained there was a 5-4 positive vote in favor of our first
program and a 5-4 vote against that program at the second meeting of the PMAB even though
very little had changed. Mr. Weiner stated this all started because Sopra Restaurant will be
moving into the old Martini location. Mr. Weiner stated the Site Plan Review and Appearance
Board (SPRAB) has taken a look at is a whole different level for the street and feels this will be a
significant improvement over the present facade on the Grip Building. Mr. Weiner stated
something needed to be done with the additional traffic that would be coming to town. Mr.
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Weiner reiterated that there is an increased demand of the Sopra customers and they want to
secure 72 to 100 new parking spaces. The Grip Building has its own parking spaces but so far
they have declined to use it at night. The owners of the Grip Building stated they could use it so
long as Mr. Weiner could ensure that a tenant would be in charge and that is what started the
queuing idea. The goal and objective is using these two lots and Sopra has negotiated from Grip
Development two additional parking lots. The N.E. 1 st Avenue Atlantic valets has a tendency to
back up cars over Swinton Avenue. Most people arrive to Atlantic Avenue from the west
defaulting to the western most valets on a first see first use basis and across Swinton Avenue
there is very little queuing area. Mr. Weiner stated they would like to move their valet queue to
S.E. 2na Avenue improving the traffic flows on Atlantic Avenue. The people can be directed off
Atlantic Avenue to the convenient queue on S.E. 2nd Avenue. Mr. Weiner stated there needs to
be some kind of signage or recognition so that people know to turn right and get off Atlantic
Avenue and get their cars parked. An optional sign on 2na Avenue would help the situation and
would direct the traffic to the valet. Mr. Weiner explained that the recommendation is that Sopra
Restaurant will take the initiative to put a main valet on a side street to work with the City's
Planning and Zoning Department.
K.R. Pinder~ Transportation Consultant, stated Atlantic Avenue would be the
ideal place to have this because when people come into town they are looking for a place to park
and the quicker they can get out of their cars and park, the better. However, Mr. Pinder
understands there are some concerns about the operations overlapping so the idea is to move the
valet parking queue from Atlantic Avenue to S.E. 2no Avenue. Mr. Pinder stated that by
separating the "drop-off' and "pick-up" for the valet would help to reduce traffic backing up
because there will be no car sitting waiting for people to get in and the valet is moving the car(s).
Mr. Pinder feels this will be a much more efficient operation and will work well with the
restaurant.
Mr. Weiner reiterated that it is important to have signage on the second block and
a valet station so that people know when to turn and how to turn. He stated this is a public queue
and the applicant is signing a Parking License Agreement and will be doing what all the other
parking queues are doing. The request for having the valet parking queue on 2"d Avenue is
because the confusion on 1st Street and 1 st Avenue has been getting greater. In conclusion, Mr.
Weiner urged the Commission to enter into a Parking Management Agreement with the City and
stated this will be coordinated with the opening of the restaurant.
Mrs. Archer commended Sopra Restaurant for taking the first step in moving the
queues around the comer. She stated that for some time the PMAB felt that it would be
appropriate to move the jam that has been created on Atlantic Avenue onto the side streets.
Although this was not the original request made by Sopra Restaurant, Mrs. Archer feels this is an
excellent move and will certainly help improve the flow of traffic. Mrs. Archer stated she would
fully support this request.
Ms. McCarthy disclosed that she did have a conversation with Mr. Weiner earlier
today and because of that she is very much in favor of moving the parking queue from Atlantic
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Avenue to S.E. 2nd Avenue. In addition, Ms. McCarthy stated signage on Atlantic Avenue is
extremely important and will help guide people where to park. She feels more and more people
are obtaining these queues and finds that it can be very confusing for people to know where they
can park.
Mr. Perlman supports this request and commended Mr. Manero for thinking of
such a creative way to solve the problem. Mr. Perlman stated that by adding extra parking
spaces is critical. He commented that it will be a great step by adding the extra spaces and will
be advantageous to the City. Lastly, Mr. Peflman stated the applicant should not be put through
the meeting process again and would like to see this coordinated with the opening of the
restaurant.
Mr. Levinson stated he attended the last PMAB meeting and at that time the 2n~l
Avenue drop-off was discussed so he concurs with Mr. Perlman that he sees no reason why this
needs to be sent back to PMAB for discussion because they actually supported it at that time.
With regards to signage, Mr. Levinson stated the City, the CRA, and the DDA entered into a
consolidated signage program and feels it would be very appropriate to use the same sign style
with arrows and have it be incorporated to the directional signage that is being proposed for valet
signs.
Mrs. Archer stated she has noticed that the valet sandwich signs that they put out
usually have the name of the restaurant on them so whoever is coming along can immediately
see that this is where they can valet park for a particular restaurant. Mrs. Archer stated it is
important that people who are traveling east on Atlantic Avenue know that there is valet parking
available and that it is for this particular restaurant. She urged the Commission to take into
consideration that this is the first restaurant that has offered to go off Atlantic Avenue and feels it
is very important that this restaurant have the visibility with the public to know that there is valet
parking for this restaurant around the comer.
Ms. McCarthy stated she would be hesitant to approve signage with the
restaurant's name or the name of the business on it. She feels the sign should just state "valet
parking" and should be open to anyone who wishes to use their valet queue.
Mrs. Archer stated that she fully supports the City approving signs that read
"Valet Parking" with an arrow directing the public where to park. However, she expressed
concern that the establishment will be put at a deficit and not have the same opportunities other
restaurants have on Atlantic Avenue as it pertains to valet parking.
The City Attorney stated in the Parking License Agreement there is a section on
signage and it does prohibit sandwich board signs and does allow advertising signs as allowed by
the City Manager or his designee.
Paul Dorling, Planning Director, requested that the Commission not take any
formal action on this item this evening because he would like to take a look at the circulation. In
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04/17/01
addition, Mr. Dorling stated there are some unanswered questions as to how this will work if
Worthing Place (Block 77) is further developed and other issues about utilization of an alley
which is not going to be there. Mr. Dorling stated he has concerns with respect to how the pick-
up area works in an alley of 16 feet and how the circulation continues. He urged the
Commission to let staff review what is being proposed.
Discussion by the Commission followed.
With regard to the sandwich board signs, Mr. Levinson stated there is so much
information on these particular signs that the "Valet Parking" signs are likely to be more visible
to the majority of people who are in front of that particular restaurant. He does not feel it puts
the restaurant at a disadvantage by not having the name "Sopra" out on the street.
Mrs. Archer stated she agrees there may be a potential conflict if and when Block
77 is further developed. She stated that any agreement the City puts forth should stipulate that if
indeed something changes, the queuing system would change as well. However, Mrs. Archer
does not feel the City should not allow them to use it because something may happen in the
future.
The City Attorney stated the agreement calls for a revocable license that the City
may revoke during the first probationary period of 180 days without cause or any renewal
period.
Mr. Dorling stated he does not know the pick-up area will work in an alley of
only 16 feet nor does he know how they will be able to maintain circulation for the general
public.
Mr. Levinson moved to approve in concept staff entering and reviewing a contract
with Sopra that accomplishes the proposal tonight of a S.E. 2nd Avenue "drop-off" and a "pick-
up'' at another location and have staff use the standard form contract and amend it as appropriate
to facilitate the Soprah proposal, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.B. REQUEST FOR VALET QUEUE CUSTOM PICK-UP AREA: Consider a
request designating the first two (2) parking spaces on the southeast comer of SE 1 st Avenue as a
customer pick-up area for the valet queue on the south-side of Atlantic Avenue between Swinton
and SE 1st Avenues.
Scott Aronson~ Parking Management Specialist, stated during the busy times
queuing areas throughout the City create traffic congestion. This is largely due to the crossover
of incoming and outgoing traffic. This condition is especially troubling at the queue on Atlantic
Avenue between Swinton Avenue and S.E. 1st Avenue, due to the volume of traffic at the
Atlantic Avenue/Swinton Avenue intersection.
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04/17/01
A key component to running Valet Parking is the separation of incoming and
outgoing traffic. The most efficient way to achieve this separation is to create a designated pick-
up area for departing customers. In this instance, the most functional place for this pick-up area
is the east side of S.E. 1st Avenue at the comer of Atlantic Avenue. This would enable
westbound departing visitors to make the left turn onto Atlantic Avenue reducing eastbound
traffic flow. The area would have a twenty-foot (20') "NO PARKING" zone delineated to
allow smooth transition from the curb to the travel lane. The pick-up area in this location will be
located on the most convenient route from the associated valet parking lots thereby minimizing
extraneous traffic circulation.
At their March 27th meeting, the Parking Management Advisory Board
unanimously recommended approval of the creation of an independent pick-up area on the
southeast comer of S.E. 1st Avenue to service the queuing area on the first block of Atlantic
Avenue east of Swinton Avenue.
Mr. Aronson stated staff is recommending that the Commission approve the
creation of an independent pick-up area on the southeast comer of S.E. 1 st Avenue to service the
queuing area on the first block of Atlantic Avenue east of Swinton Avenue.
Mayor Schmidt stated he feels this is a good idea, however, there is a problem
with traffic and there is no light. Mayor Schmidt stated for a car to make a left across the traffic
to head west on Atlantic Avenue might alleviate the drop-off problem in the front but feels
people will still have difficulty getting across Atlantic Avenue. Overall, Mayor Schmidt feels
this will hurt more than it will help.
Mrs. Archer stated if indeed there is a valet drop-off on S.E. 2nd Avenue with a
pick-up behind the Grip Building it is now going to come out and intersect or join with the pick-
up section that is on northbound S.E. 2nd Avenue and this may potentially cause a problem.
Mr. Levinson stated he went out and actually stood there and thought it was going
to be a problem too. However, Mr. Levinson stated that because of the valet stand the traffic
backs up past Swinton Avenue so there is a considerable amount of time because there is no
traffic coming east. The issue then is getting out to make a left with the westbound traffic
stacked up at the light which cars were able to do. Because the proposal was discussed with
PMAB that Sopra would deliver the cars back up that alley which in their opinion gave ~eople an
opportunity to make a southbound mm on S.E. 1st Avenue, go down two blocks to 2n over to
Swinton and then they could exit going westbound at the light at Swinton Avenue. Mr. Levinson
agrees with Mrs. Archer that if someone is traveling east on Atlantic Avenue and then decides to
mm right, this will probably be more difficult.
Mrs. Archer stated she really is not so concerned about where people will be
traveling once they get out but instead is concerned that the City now has two pick-up spots (one
behind the building and one along side the building). Mrs. Archer stated her only concern was if
traffic comes out of the parking for Sopra's Restaurant onto 1st Avenue and then tums across
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Atlantic Avenue, there are also cars that are being picked up from the 32 East restaurant drop-
off. Mrs. Archer feels if people that do not come to get their cars in a timely fashion, it could
potentially back up the entire length of the Grip Building.
Ms. McCarthy stated she is challenged with this issue also. She stated she is
challenged that the pick-up is feeding the traffic the wrong way and by giving a parking space in
order to have these pick-ups to only feed the traffic back into the congestion does not make
sense. She stated this is awkward and does not understand the reasoning as to why this is being
considered.
Mr. Aronson agrees that it is a challenging turn and commented that he did
evaluate this before attending the meeting this evening. He stated if you are a visitor having your
car delivered to you on Atlantic Avenue which is already congested, you will have just as much
difficulty pulling out into the flow of traffic from the valet queue onto Atlantic Avenue heading
eastbound.
Ms. McCarthy stated that is anticipated difficulty and with a blinker eventually
someone will let you out. However, Ms. McCarthy stated she feels this may be a safety issue to
be concerned with. She suggested that staff look at adding these parking spaces that are not
allowable at this time on the east side by flipping the parking queue to the west side. Mr.
Aronson stated the street is not wide enough to sustain parking on both sides of the street.
At this point, Mr. Aronson stated this was not intended to make it inconvenient
for people but was done in an effort to minimize the congestion in the area of Swinton Avenue
and Atlantic Avenue. Mr. Aronson stated if the valets are running 100 cars on a Friday night that
is just 100 less cars driving in the busiest spot along Atlantic Avenue. Mr. Aronson stated that
visitors who are not familiar with the area may not want to go over to S.E. 2nd Street to work
their way back to get to 1-95, west Delray, or the turnpike especially if someone has come to
Delray via West Atlantic Avenue. Mr. Aronson stated that most visitors coming to a town that
they are not familiar will more than likely want to stay on the most acceptable route that they are
familiar with and this is why people are being directed back to Atlantic Avenue as Atlantic
Avenue is considered the "Gateway" to the town.
Mrs. Archer suggested a six-month trial period and feels it could be very
effective. Mrs. Archer stated that it does split the queue on Swinton Avenue and it does get the
returning cars off Atlantic Avenue so there is not as much of a back up being created.
Mr. Perlman stated the most attractive part to him is that this will hopefully
alleviate the traffic backup.
Mr. Dorling commented that the worst case scenario is if those cars would go to
that intersection and turn right which is similar to the movement that they are doing now.
However, you would have the benefit of splitting them and the congestion between the 1st block
would be relieved.
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04/17/01
Mr. Levinson stated he agrees with Commissioner McCarthy that if 2nd Street
were a one-way street then there would not be a problem. Mr. Levinson stated that by sending
people over to 2na Street would only confuse them because now they are further away from
Atlantic Avenue. If the City were ever to put this back in a two way mode, then it would
certainly make a lot of sense for everyone to pick-up south if they are traveling south or north if
they are traveling northbound.
Ms. McCarthy commented that in some areas that are much larger and busier than
Atlantic Avenue, a good valet company will offer assistance with directions knowing you may
not be familiar with the area. She feels that a valet parking is not just about parking cars but is
also about communicating well to its customers and being sensitive to the fact that a lot of people
are not familiar with this area. Ms. McCarthy stated she likes the idea that the valet queue
custom pick-up area be located off Atlantic Avenue but at the same time she cannot support this
because she feels it may be a potential hazard. In addition, Ms. McCarthy stated this is the
wrong place to have the valet queue and feels it is going in the wrong direction.
Mrs. Archer moved to approve the request for a valet queue custom pick-up area
on S.E. 1st Avenue for a trial period of six months, seconded by Mr. Perlman.
Prior to the vote, Mr. Levinson inquired whether or not this would be concurrent
with the 32 East Valet Parking Agreement? Mr. Aronson stated he could either ask 32 East to
amend their agreement. Mr. Levinson asked if a period of six months is concurrent with their
agreement? In response, Mr. Aronson stated he believes their agreement ends in August, but he
is not certain.
Mrs. Archer stated comparatively speaking there is not a lot of traffic during the
summer months. She requested that her preference be to see the trial period extend through
December 1st. The City Attorney stated staff could amend the renewal agreement so that the
renewal would be December and recommended that the motion be amended to reflect such.
Mrs. Archer amended her motion for a trial period lasting until December 1 st, at
which time staff will bring back for the Commission to review, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - No; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 1
vote.
9.C. IN-LIEU PARKING FEE/ELIZABETH'S ON 7TH RESTAURANT:
Consider approval of $12,000 in-lieu of parking fee for one (1) parking space for Elizabeth's on
7th restaurant.
At this point, Mrs. Archer left the dais.
Paul Dorling, Planning Director, stated at its meeting of March 21, 2001, the
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Historic Preservation Board approved site and development plans for Elizabeth's on 7th
Restaurant. The approval includes the enclosure of the 187-square foot covered porch,
construction of a 225 square foot storage room/walk-in cooler, and a 300-square foot
patio/dining area on the east side of the building.
The site plan has been revised to provide 21 parking spaces on the property,
which is sufficient to meet the parking requirements for the proposed building additions.
However, an in-lieu payment for one parking space is required for the addition of the 300 square
foot patio/dining area on the east side of the property. The applicant has requested approval to
pay an in-lieu parking fee of $12,000 for the one required space.
At its meeting of February 18, 2001, the Parking Management Advisory Board
supported an in-lieu parking fee for one parking space only ($12,000) and recommended the
balance be accommodated through a reconfiguration of the parking area.
Mr. Pedman moved to approve the in-lieu parking fee in the amount of $12,000
for one parking space for Elizabeth's on 7th Restaurant, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mayor Schmidt suggested Item 9.L. be moved forward on the
Regular Agenda.
9.L. WAIVER REQUEST TO REDUCE PARKING/"ELIZABETH'S 7TH"
RESTAURANT: Consider a waiver request to reduce the parking requirement for "Elizabeth's
on 7th" restaurant by one space in order to save a specimen tree.
At this point, Mrs. Archer returned to dais.
Paul Dorling, Planning Director, stated the subject property is located on the east
side of S.E. 7th Avenue, approximately 100' south of Atlantic Avenue. The site contains and
existing house which has been converted to a beauty salon, and an associated parking lot. At its
meeting of March 21, 2001, the Historic Preservation Board approved a site plan to convert the
structure to a restaurant called "Elizabeth's on 7th''. As a condition of approval the applicant has
redesigned the parking lot to accommodate all but one of the 21 required parking spaces. The
applicant has requested an in-lieu fee option for the remaining space.
The redesign of the parking lot would require removal of a very large mature
black olive tree. If a waiver is granted to reduce the parking requirement by one parking space
the tree could be accommodated within a landscape island. It is noted that prior to the rewriting
of the LDR's in 1990, the Code contained an option to allow substitution of required parking to
save specimen trees.
The Black Olive Tree is approximately 30 to 35 years old with a trunk diameter of
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04/17/01
30 inches and a height of 40 feet. The tree is in excellent condition and requires only minor
structural pruning. The tree canopy provides shade to the existing building and covers roughly
one third of the site. Staff is requesting that the Commission consider a waiver to reduce the
parking by one-space so that the Black Olive Tree can be accommodated within a landscape
island and so that we can continue to have the shade versus removing it. Mr. Dorling stated the
waiver could be granted based upon positive findings pursuant to LDR Section 2.4.7(B)(5).
The City Manager stated that at one time the City's Code had a provision in it that
specifically allowed this. However, the City Manager stated somewhere along the way the
provision was dropped. Mr. Dorling stated in the re-write of the Code in 1990 it was not
included and if the Commission is inclined to support this waiver request, staff will be coming
back for initiation to reinstate that option into the LDR's.
Mr. Perlman moved to approve the waiver to LDR Section 4.4.13(G)(1)(a) to
reduce the parking requirement by one space to save a specimen tree based upon positive
findings pursuant to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.D. SANDOWAY HOUSE REQUEST: Consider a request from Sandoway House
Nature Center, Inc. to extend the closing time of the Ingraham Parking Lot on May 8th until
11:00 p.m. to accommodate their Astronomy Program.
Robert A. Barcinski, Assistant City Manager, stated this is a request to consider a
proposal from the Friends of Sandoway House Nature Center, Inc. to extend the closing time of
the Ingraham Parking Lot until 11:00 p.m., on May 5, 2001, to accommodate their Astronomy
Program.
The Friends of Sandoway House Nature Center, Inc. is requesting to leave the
Ingraham Parking Lot open to accommodate their Astronomy Program, which will be held on
May 8, 2001 from 8:30 p.m. until 10:30 p.m. The lot closes at 8:00 p.m., and in order to
accommodate their request, it would need to be left open until 11:00 p.m. As a condition of
approval, Mr. Barcinski stated staff is recommending that the Sandoway House provide a
volunteer to man the lot to ensure that only program participant's park in the lot.
Mr. Levinson moved to approve the request from Sandoway House Nature
Center, Inc. to extend the closing time of the Ingraham Parking Lot on May 8, 2001 until 11:00
p.m. to accommodate the Friends of Sandoway House Nature Center's Astronomy Program
subject to the condition that they provide a volunteer to supervise the parking lot, seconded by
Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
9.E. CONTRACT AWARD/MAXIME LANDSCAPING (WEST ATLANTIC
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AVENUE LANDSCAPE MAINTENANCE): Consider approval of a contract award in the
mount of $11,700.00 to Maxime Landscaping (third low bid) for the landscape maintenance for
West Atlantic Avenue (west of CSX Railroad to Military Trail). Funding will be from 119-4144-
572-46.60 (Beautification Maintenance).
Joe Weldon, Director of Parks and Recreation, stated staff is recommending
approval of a contract award in the amount of $11,700.00 to Maxime Landscaping (third lowest
bidder) for the annual landscape maintenance for West Atlantic Avenue (west of CSX Railroad
to Military Trail).
Mr. Weldon stated the second low bidder, F&S Complete Lawn Care Corp. does
not have the proper safety equipment (i.e., traffic cones, signage and safety vests) likewise the
second low bidder, Good Samaritan Lawn Service, does not have the proper safety equipment.
The bid for Good Samaritan Lawn Service was in the amount of $11,445.00. Mr. Weldon
explained the difference between the low bid and the third lowest bidder is $288.00.
Ms. McCarthy stated she feels it to be very astute that people who respond to the
City's bids can indeed do the job. With regard to the safety issues, Ms. McCarthy asked how
difficult is it for a company to purchase traffic cones and were there other factors? Ms. McCarthy
stated quite often in bidding, people bid things to do certain jobs and they do not put those
requirements in place until after they have actually been awarded a bid. Ms. McCarthy asked for
further explanation regarding this matter.
Mr. Weldon stated on page 18 of the landscape maintenance bid specifications
(bid #2001-09) under #8, PERFORMANCE clause, the second paragraph reads as follows:
"All laborers must wear orange safety vests and all vehicles
parking along the right-of-way must be marked with traffic cones.
All landscape maintenance shall be in full compliance with the
State of Florida Manual of Uniform Standards for Design,
Construction and Maintenance for Streets and Highways."
Ms. McCarthy asked if the second low bidder was willing to do this? In response,
Mr. Weldon stated the City goes out and inspects it to make sure they comply with the
specifications and does not question the bidders. Secondly, Mr. Weldon stated the first two firms
are relatively small and take care of mostly residential property, and reiterated that the second
low bidder had experience with gas stations.
In this particular case, Mr. Weldon stated he would imagine that they may not of
had all the manpower that the City would have liked. The City specify certain things in the Bid
Specifications and staff goes out to ensure that they meet those specifications as far as having the
proper manpower, the proper equipment, insurance, and all the necessary safety equipment. Mr.
Weldon agrees with Ms. McCarthy that having to go out and purchase the safety equipment such
as traffic cones is probably not a major thing for them but if they are not use to working in that
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04/17/01
environment, Mr. Weldon does not feel completely comfortable asking them to do so.
The City Manager stated in reviewing this, he was more concerned with the lack
of experience in doing jobs of this size or of a similar type, then he was about not having safety
equipment because he agrees that it is not a big item to actually purchase. Mr. Weldon reiterated
that he would be a little hesitant to send someone out to do the job without knowing whether or
not they could do the job safely.
Ms. McCarthy moved to approve the contract award in the amount of $11,700.00
to Maxime Landscaping (third low bidder) for the landscape maintenance for West Atlantic
Avenue (west of CSX Railroad to Military Trail), seconded by Mr. Perlman. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.F. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Consider approval of the Lien Review Advisory Committee's recommendations concerning
outstanding liens on various properties.
The City Manager stated he questions automatically waiving liens under $200,
especially the newer ones. The City Manager stated although he concurs with the request that
some of the outdated liens (i.e., liens from 1988) be written off, but questions the more recent
liens and the wisdom of writing them off because they may have other violations that may occur
in the near future. The City Manager stated unless there is an extenuating circumstance, then he
cannot support the write-off of liens under $200 and reiterated he will not support waiving liens
just because the amount is less than $200.
The Commission concurred unless there is an extenuating circumstance, the City
should at least cover out-of-pocket costs.
Mr. Perlman moved to approve the Lien Review Advisory Committee's
recommendations except for the automatic waiver of the liens under $200 unless there is an
extenuating circumstance, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes. Said motion passed with at 5 to 0 vote.
9.G. AGREEMENT FLORIDA PUBLIC UTILITIES, CO.: Consider an agreement
between the City and Florida Public Utilities Co., to stage personnel and apparatus on property
located at 325 NW 2nd Street, during the hours of the Delray Affair.
Brian Shutt, Assistant City Attorney, stated this item is before the Commission to
allow the Fire Department to use the parking lot on the west side of Florida Public Utilities
Company (FPUC) building located at 325 N.E. 2nd Street to stage personnel and apparatus during
the hours of the Delray Affair in order to respond to events in the downtown area.
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04/17/01
This agreement provides that if a City employee, City vehicle, or person invited
onto the premises by the City is injured, the City will not hold FPUC responsible for such injury
or damage.
Mrs. Archer moved to approve an agreement with the City and Florida Public
Utilities Company to stage personnel and apparatus on property located at 325 N.W. 2nd Street
during the hours of the Delray Affair, seconded by Mr. Perlman. Upon roll call the Commission
voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.H. REQUEST GREEN MARKET RELOCATION: Consider approval of a
request from the Historic Delray Green Market to relocate to Worthing Park for the remaining of
this season which ends May 5th.
Robert A. Barcinski, Assistant City Manager, stated this is a request from Lori
Moore, Green Market Manager, to relocate the Historic Green Market to Worthing Park for the
remainder of this season, which ends May 5th. This would include the remaining Saturdays until
May 5th except the weekend of the Delray Affair. Mr. Barcinski stated on four different
occasions this market season they had to move the Green Market due to events at the Tennis
Center. Due to an education event last week at Old School Square, the Green Market was moved
to Worthing Park instead ofN.E. 1st Avenue.
Lori Moore~ Green Market Manager, stated they are winding up their fifth year
and asked the Commission to consider relocating the Green Market to Worthing Park for the
remainder of this season, which ends May 5th, and for next year.
Mr. Perlman moved to approve the request from the Historic Delray Green
Market to relocate to Worthing Park for the remaining of this season and next year, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
After the vote, Ms. McCarthy asked for a reason as to why the Green Market is
always held east of Swinton Avenue and encouraged everyone to please keep the area west of
Swinton in mind too when deciding on a location.
9.1. POLICE RECRUITMENT & RETENTION INCENTIVE PROGRAM:
Consider adoption of a Police Recruitment & Retention Incentive Program.
The City Manager stated this is before the Commission to consider the adoption
of a Police Recruitment & Retention Incentive Program. The policy would be available to All
Employees, sworn and non-sworn, to be compensated for recruiting any candidates who are
hired by the Chief of Police. Employees will be offered incentive bonuses for every candidate
they recruit. The requirement for receiving the incentive bonus is that the candidate successfully
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04/17/01
completes the hiring process, and all required training for the position they have been hired.
Any employee, who recruits a candidate that is ultimately hired and completes the
required training, shall be eligible to receive a salary incentive bonus of $1,000.00. The
recruiting employee would receive $300.00 at the time the recruited employee is hired and
$700.00 once the recruited employee has completed the required training. In addition, to the
cash incentive bonus, the recruiting employee will receive additional Personal Days if the
candidate remains an employee of the Delray Beach Police Department at a rate of one (1)
additional day per year for the next five (5) years.
The City Manager clarified for Mr. Levinson that under Section II, Procedure
Subsection 1.2, language should be added to read as follows:
1.2
In addition to the "one-time" cash incentive bonus, the recruiting employee will
receive additional Personal Days if the candidate remains an employee of the
Delray Beach Police Department.
Mr. Perlman moved to approve the Police Recruitment and Retention Incentive
Program with the additional language to Subsection 1.2 to reflect a one-time cash incentive
bonus, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
0.J.
PROPOSAL FOR SETTLEMENT IN FASHAW V. CITY OF DELRAY
BEACH: Consider proposal of settlement in the Cynthia and George Fashaw versus the City of
Delray Beach case. Staff recommendation is to deny.
The Proposal for Settlement filed by Plaintiffs' attomey is for $10,000.00
inclusive of fees and costs. The City Attorney's recommendation is to deny the Proposal for
Settlement.
Mr. Perlman moved to deny the Proposal of Settlement in the amount of $10,000
inclusive of fees and costs, in the Cynthia and George Fashaw versus the City of Delray Beach
case, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion to deny passed with a 5 to 0 vote.
9.K. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular
member to the Civil Service Board for a two (2) year term ending April 1, 2003. Appointment to
be made by Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Allen Huntington as a regular member to the Civil
Service Board for a two (2) year term ending April 1, 2003, seconded by Mr. Perlman. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
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04/17/01
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 21-01: An ordinance amending Chapter 92, "Boats and
Boating", Section 92.10, "Mooring to Public Property" of the City Code of Ordinance to prohibit
prolonged dockage at Veterans Park, and also the use of City electricity and other utilities while
docking. If passed, a public hearing will be scheduled for May 1,2001.
The City Manager presented Ordinance No. 21-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92,
"BOATS AND BOATING", BY AMENDING HEADING,
"GENERAL PROVISIONS", SECTION 92.10, "MOORING TO
PUBLIC PROPERTY", TO SPECIFY THE LENGTH OF TIME A
PERSON IS PERMITTED TO DOCK AT VETERANS PARK,
LIMITING THE USE OF CERTAIN CITY FACILITIES IN
VETERANS PARK AND REFERENCING LDR SECTION 4.3.3(U)
RESTRICTING LIVE ABOARD VESSELS; PROVIDING A
GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 21-01 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance.
Mr. Perlman moved to approve Ordinance No. 21-01 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes. Said
motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 31-01: An ordinance amending Chapter 73, "Parking
Schedule" of the City Code of Ordinance by extending the two-hour parking regulation along
Atlantic Avenue, east of Swinton Avenue to State Road A1A, to 8 p.m. If passed, a public
hearing will be scheduled for May 1,2001.
The City Manager presented Ordinance No. 31-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII,
"TRAFFIC CODE", CHAPTER 73, "PARKING SCHEDULES",
SCHEDULE I. "TWO-HOUR/FOUR-FOUR PARKING ZONES",
BY AMENDING SUBSECTION (B), "TIME LIMIT", TO
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04/17/01
PROVIDE THE PARAMETERS FOR PARKING ON ATLANTIC
AVENUE FROM SWINTON TO A1A; PROVIDING FOR A
GENERAL REPEALER CLAUSE; A SAV1NG CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 31-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 31-01 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. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and
Safety", by creating Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinance
thereby adopting a method to be adhered to by Vegetation Maintenance Companies and Public
Utility Companies within the City of Delray Beach in order to help control the spread of Citrus
Canker. (In light of the changes made to this ordinance it is staff's recommendation to consider
it again for First Reading). If passed, a public hearing will be scheduled for May 1, 2001.
The City Manager presented Ordinance No. 20-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPT1NG A METHOD OF
CITRUS CANKER DECONTAMINATION TO BE ADHERED TO
BY VEGETATION MAINTENANCE COMPANIES AND PUBLIC
UTILITY COMPANIES WITHIN THE CITY OF DELRAY
BEACH; PROVIDING A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 20-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Perlman moved to approve Ordinance No. 20-01 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. Ci.ty Manager.
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04/17/01
The City Manager had no comments or inquiries on non-agenda items.
13.B. Ci,ty Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
Ci,ty Commission.
13.C.1.
Commissioner Archer
With regard to Carver Middle located on Barwick Road, Commissioner Archer
stated that when the children get out of the school they are using sidewalks on the East side of
Barwick Road because there are no sidewalks on the West side of the street. However, Ms.
Archer stated that on three separate occasions within the last month students easily "jay walk"
back and forth across Barwick Road. Mrs. Archer stated she nearly struck a child while driving
down Barwick Road and expressed concern over the safety of the children. She asked if there is
a possibility of notifying the school and encouraged the Commission that something be done.
Mrs. Archer feels first, the students need to understand it is not appropriate to "jay walk" across
Barwick Road, and secondly, that a crossing guard or someone be placed in the middle of the
block to watch the children.
The City Manager commented that the City has received a very similar complaint
regarding the students from Banyan Creek Elementary School (north of Lake Ida Road).
Ms. McCarthy suggested that an additional school crossing guard be placed at the
north exit from the school.
The City Manager stated the City can most definitely look into this matter and
explained that at Atlantic High School the students would basically disregard the school crossing
guard or an officer. Therefore, an assistant principal was placed outside to watch the students
and explained that an assistant principal knows all the students and can take disciplinary action
within the school system.
Mrs. Archer stated she feels the Commission should have recognized the 2001
Senior Games Multiple Medal Winners by having them individually stand and be applauded.
13.C.2.
Commissioner Perlman
Commissioner Perlman requested that the City Manager look into the issue of the
shark feeding and come back to the Commission with a recommendation.
With regard to the census information, Mr. Perlman inquired as to whether or not
this is all we have right now? In response, the City Manager stated he would look into this
matter.
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04/17/01
Mr. Perlman thanked and commended Robert Barcinski, Assistant City Manager,
for his work regarding the Tennis Facilities Task Team. Mr. Perlman stated this was very labor
intensive and expressed his appreciation for a job well done.
13.C.3.
Commissioner McCarthy
Ms. McCarthy commented about the names of the 2001 Senior Games Multiple
Medal Winners and asked for clarification as to whether or not the individuals in the audience
this evening were indeed the actual winners.
Ms. McCarthy stated she understands the concems expressed by Mr. Williams
and Ms. Beer regarding the CRA and would like to have them recruit applications so that the
Commission will have more choices to select from.
Commissioner McCarthy also stated that the Roots Classic had Harry T. Moore
present for a "book signing" last night and County Commissioner Addie L. Greene was also in
attendance. Ms. McCarthy stated the book was about Florida's History and the changes that have
occurred. She stated the book signing was well attended and the impact was wonderful.
Ms. McCarthy announced and reminded everyone that on April 27th the Palm
Beach County Conference of Black Elected Officials will be held at 5:00 p.m. in the Northern
Trust Building, located at 770 East Atlantic Avenue, 2nd Floor Conference Room. Ms. McCarthy
encouraged representatives from the City to attend this meeting.
At this point, the City Manager informed Ms. McCarthy that both he and Mr.
Barcinski would be at the City Manager's Best Practices Conference on that date. Ms. McCarthy
asked that the City Manager send Lula Butler, Director of Community Improvement, if possible.
13.C.4.
Commissioner Levinson
Commissioner Levinson had no comments or inquiries.
13.C.5.
Mayor Schmidt.
Mayor Schmidt stated he would like to move forward regarding the issue of the
shark feeding and will await a recommendation from the City Manager.
Mayor Schmidt stated the Commission voted to move ahead with the Goal Setting
Session and a public hearing. He asked the Commission if they would like to handle the
invitations the same way as last year with each Commissioner inviting 10 people. It was the
consensus of the Commission to proceed with each Commissioner inviting ten individuals.
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04/17/01
At this point, Mr. Levinson suggested that staff provide the Commission with a
list of the Vision 2010 appointees so they might take it into consideration and perhaps invite
different people to the GOAL Setting Session thereby broadening citizen participation.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 9:50 p.m.
ATTEST:
MAYOR
Acting City Clerk
The undersigned is the Acting 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
April 17, 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.
-39-
04/17/01
WHEREAS, the City of Delray Beach Parks and Recreation Department is
dedicated to enriching the quality of life for community members by providing
meaningful recreabonal opportunities in exemplary park environments, and
WHEREAS, the Parks and Recreation Department held the 12th Annual Delray
Beach Senior Games from January 26th through February 2, 2001 for participants over
50 years young; and
WHEREAS, there were 11 athletic events, including golf, tennis, track and field,
swimming, health walk, basketball skills, bowling, lawn bowhng, paddleball, shuffleboard
and table tennis; and
WHEREAS, the Delray Beach 2001 Senior Games were designated an official
regional qualifying site for the 2001 Florida State Senior Games; and
WHEREAS, there were 250 contestants in the 2001 Senior Games, 12 of whom
won 3 or more medals, as follows:
Helen Allen - 6 medals (3 gold medals in track and f'~ld and 3 bronze medals
in basketball skills;
Kevin Doyle - 5 gold medals, all in track and field;
Marshall Johnson - 5 gold medals, all in track and field;
Raymond Lebowitz - 5 gold medals, all in track and field;
Alvin Malthaner - 5 gold medals, all in swimming;
Don Zaccardo - 5 gold medals, all in track and field
Pete Arnold - 4 gold medals, all in swimming;
Barry Kittredge - 4 medals,(1 gold medal in table tennis, 2 silver medals and
I bronze medal in basketball skills);
Justin Langsner - 4 medals (2 gold medals and I silver medal in basketball
skills, and 1 bronze medal in table tennis);
Bob Bohanan - 3 gold medals, all in basketball skills,
Alwyn Griffith - 3 gold medals, (2 in track and field and 1 in table tennis);
Sam Price - 3 medals (1 gold and 2 silver medals in basketball skills); and
Mark Reingold - 3 medals (1 silver medal and 2 bronze medals in basketball
skills).
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim that, HELEN ALLEN,
KEVlN DOYLE, MARSHALL JOHNSON, RAYMOND LEBOWITZ, ALVIN
MALTHANER, DON ZACCARDO, PETE ARNOLD, BARRY KITTREDGE, JUSTIN
LANGSNER, BOB BOHANAN, ALWYN GRIFFITH, SAM PRICE, and MARK
REINGOLD are to be commended for their many triumphs in this competition, and for
their spirit and enthusiasm.
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 17th day of April, 2001
DAVID W. SCHMIDT
Mayor
AGENDA ITEM NUMBER:
Request to be placed on:
AGENDA REQUEST
Date: April 6, 2001
XX Regular Agenda ~SpecialAgenda ~WorkshopAgenda
When: April 17, 2001
Description ofagenda|tem: Request issuing a Proclamation signed by the
Mayor honoring multiple medal winners in the 2001 Senior Games.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached' YES
Recommendation: Issue Proclamation signed by Mayor.
NO X
NO X
Determination of Consistency i
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available:
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Yes No
(if applicable)
Approved for agenda.~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
No
Disapproved
WHEREAS, the City of Delray Beach Parks and Recreation Department is
dedicated to enriching the quality of life for community members by
providing meaningful recreational opportunities in exemplary park
environments; and
WHEREAS, the Parks and Recreation Department held its 12th Annual Delray
Beach Senior Games from January 26, 2001 through February 2, 2001 for
participants over 50 years young; and
WHEREAS, there were 11 athletic events, to wit, golf, tennis, track and
field, swimming, health walk, basketball skills, bowling, lawn bowling,
paddleball, shuffleboard and table tennis; and
WHEREAS, the Delray Beach 2001 Senior Games were designated an official
regional qualifying site for the 2001 Florida State Senior Games; and
WHEREAS, there were 250 contestants in the 2001 Senior Games, 13 of whom
won 3 or more medals~ as follows:
Helen Allen - 6 medals (3 gold medals in track and field and 3 bronze
medals in basketball skills;
Kevin Doyle - 5 gold medals in track and field;
Marshall Johnson - 5 gold medals in track and field;
Raymond Lebowitz - 5 gold medals in track and field;
Alvin Malthaner - 5 gold medals in swimming;
Don Zaccardo - 5 gold medals in track and field;
Pete Arnold - 4 gold medals in swimming;
Barry Kittredge - 4 medals (1 gold medal in table tennis, 2 silver medals
and 1 bronze medal in basketball skills);
Justin Langsner - 4 medals (2 gold medals and 1 silver medal in
basketball skills, and 1 bronze medal in table tennis);
Bob Bohanan - 3 gold medals in basketball skills;
Alwyn Griffith - 3 gold medals (2 in track and field and 1 in table
tennis);
Sam Price - 3 medals (1 gold medal and 2 silver medals in basketball
skills); and
Mark Reingold - 3 medals
basketball skills),
(1 silver medal and 2 bronze medals in
NOW, THEREFORE, I, DAVID SCHMIDT, Mayor of the City of Delray Beach, do
hereby proclaim that Helen Allen, Kevin Doyle, Marshall Johnson, Raymond
Lebowitz, Alvin Malthaner, Don Zaccardo, Pete Arnold, Barry Kittredge,
Justin Langsner, Bob Bohanan, Alwyn Griffith, Sam Price, and Mark
Reinhold are to be commended for their many triumphs in this competition,
and for their spirit and enthusiasm.
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 17th day of
April, 2001.
MAYOR
DAVID SCHMIDT
WHEREAS, Cafidad Asensio is a Cuban native who came to the U.S. in the early 1960's
and founded the Migrant Association of South Florida and the Cafidad Health Clinic in 1989 to
improve the quality of life for the children and families of the under-served migrant and agricultural
workers. She was alarmed that the children of migrants did not attend school because they had not
received the required physical exams and immunizations; and
WHEREAS, for more than 26 years, Caridad helped thousan& of hard working migrant
farm workers and their children with little money, no health care, substandard housing and very little
hope for breaking out of the cycle of poverty and hardship; and
WHEREAS, the clinic started in a double-wide trailer serving thousands, and today the
clinic is a 7,600 square foot facility in West Boynton Beach providing free medical and dental
treatment, as well as educational and outreach services to over 1,200 needy migrant farmworker
families and children each month. Over 650 volunteers, including doctors, dentists, nurses, and
non-medical volunteers, give thousands of hours a year of their time; and
WHEREAS, Caridad's commitment to improving the quality of life for migrant families
exxends beyond health care. Caridad arranged for the donation of 169 trailers and for the first time,
many families had a roof that didn't leak, and a separate bedroom for the children. Her years as a
sodal services community health care worker have re-enforced her belief that educating the children
of migrant workers is the best way to break the cycle of poverty; and
WHEREAS, to give the migrant children a better chance to succeed, Caridad started an
after school Homework Assistance Program, where three days a week, 23 children work with
volunteer tutors. As a result, some children have progressed from below grade level to the Honor
Roll, but due to lack of space, they have 50 students waiting for help and volunteer tutors ready to
assist. Cafidad's latest dream is an Education Campus that will give them space to tutor these
children during the after school hours, and also includes a summer program to preserve the
educational gains the children have made.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission and dtizens of Delray Beach, do hereby recognize and
proclaim April 20, 2001 as
CARIDAD ASENSIO DAY
in honor of a dedicated and unsdfish person who has given of herself and has made a difference in
the lives of many people often forgotten by sodety.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Offidal Seal of
the City of Delray Beach, florida, to be affixed this 1Th day of April, 2001.
DAVID W. SCHMIDT
MAYOR
Board of Directors
Camdad G Asenslo
Founder and President
Constance Berry, M S
V~ce President
Lugs Torres
Vice President
Daphne A Ma~ngot, C PA
Secretary
bnda L Snelhng, C PA. Esq
Treasurer
Fred Allele, D D S
Cardvn Brewer
Roy ChrIstie
Marge Conlon
Nancy Parker
Richard E Retamar, Esq
Lourdes Rey
Beatmce Rowe
Marne Speed
Steemng Commmee
Fred Allele, D D S
THe M GRAnt ASsOC AnOn OF SoUtH FLORIDA AND THE CARIDAD
at the Count and Countess de Hoer'de Pavdlon
April 2, 2001 -~
The Honorable Mayor David W. Schmidt
City Commission
The City of Delray Beach
100 NW 1 ~t Avenue
Delray Beach, FL 33444
HEALT~NIC
Dear Mayor Schmidt,
I am writing this letter to you on behalf of the Board of Directors and Staffofthe
Migrant Association of South Florida and the Caridad Health Clinic in the hopes
that you will be able to issue a proclamation and proclaim April 20th as Caridad
Asensio Da_jfi
The Migrant Association and the Caridad Health Clinic will be hosting a Harvest
of Hope Gala on April 20th as a tribute to Caridad Asensio, a woman who
decided to make a difference in the lives of the children and families of migrant
farm workers. We would very much like to read and present this proclamation to
Caridad at the Tribute Dinner.
For more than 26 years, Caridad helped thousands of hard working migrant farm
workers and their children with little money, no health care, substandard housing
and very little hope for breaking out ofthe cycle ofpoverty and hardship. These
Dental D,rect0r ~ workers who put food on the table of all Americans, remained hidden and
Mark Clarke, U D, Co-MedIcal ulrector
John W SmIth, M D, Medical DmectoBnreco~d.
camdad Asenslo
Constance Berry
Mary Brown, A R N P
ShErmE L CrossEn, D D S
Frank A Mergen, M D
Beatmce Rowe
Adwsory Board
Mr and Mrs Robert l Bablone
Mr Earl Bronsteen
Ms Patt~ Carpenter
Ms Carlos (;ill
Countess Henmena de Hoernle
Ms Edeen K Hoye
Ms Chmsnne E Lynn
Mr and Mrs /ames/ Oussanl
Mrs Robert E Raborn
Mr Donald R~lph
Mr Danny Siegel
MR Alexander A SImon
Ms Patrlcfa Thomas
Mr and Mrs ChIp Wdhams
Ms Lorn Zelter, D C
Executive Director
Carol Clinton
Caridad Asensio, Founder and President, is a Cuban native who came to the U.S.
in the early 1960's and founded the Migrant Association of South Florida in 1989
to improve the quality of life for the children and families of the under-served
migrant and agricultural workers. She was alarmed that the children of migrants
did not attend school because they had not received the required physical exams
and immunizations.
What started in a double-wide trailer serving thousands, today is a 7600 square
foot facility in West Boynton Beach.
Our clinic provides flee medical and dental treatment, as well as educational and
outreach services to over 1200 needy migrant farmworker families and children
each month. Physical exams, dental treatment, pregnancy tests, pediatric and
geriatric care, immunizations, mammograms, vision and hearing tests, as well as
x-rays are free to all patients. Donation boxes encourage patients to give
whatever they can. Over 650 volunteers, including doctors, dentists, nurses, and
non-medical volunteers, give thousands of hours a year of their time.
Mission: The M~sslon of The M~granT Assooanon of South FlorIda Is to upgrade hwng standards and to ~mprove
the qbahty Of hie for The chddren and families of the underserved m~grant and agricultural workers
CLINIC
8645 W BoynTon Beach Blvd, BoynTon Beach, FL 33437
AD~IN~stRAt~veOmc[ 561 737 6336 · F~x 561 737 9232
561 369 0932 Fax 561 369 8527 wwwm~xsforg wwwcamdadorg E-marl
masf@mlndspmng org
Caridad's commitment to improving the quality of life for migrant families
extends beyond health care. Caridad arranged for the donation of 169 trailers.
For the first time, many families had a roof that didn't leak, and a separate
bedroom for the children. Her years as a social services community health care
worker have enforced her belief that educating the children of migrant workers is
the best way to break the cycle of poverty.
To give the migrant children a better chance to succeed, Caridad started an after
school Homework Assistance Program Three days a week, 23 children work
with volunteer tutors. The program successes include children who have
progressed from below grade level to the Honor Roll. Due to lack of space, we
have a waiting list of over 50 children wanting help and volunteer tutors ready to
help.
Other programs that are provided through the Migrant Association of South
Florida include student scholarships and holiday assistance to over 1000 famih'es
including parties and the distribution of food, clothing, personal care items, baby
items and toys. This year the "Adopt A Family" Program provided over 150
families with food, toys, household items and clothes for each member of the
family.
Caridad's latest dream is an Education Campus that will give us space to tutor
these children during the after school hours. The dream also includes a summer
program to preserve the educational gains the children have made.
Each day we hear the cries of the "silent ones" and focus visions for their future.
More and more people knock on the clinic's door every day. There are no
questions asked. Just open arms and open hearts to greet them.
We have already sent you an invitation to the event, but in case it was misplaced,
have enclosed another invitation for you. We would be delighted and honored if
you could find it in your schedule to attend this important evening in the life of
such an incredible lady.
Thank you for your kindness and attention to this matter.
Sincerely,
Carol Clinton
Executive Director
WHEREAS, the Women's American ORT pledges itseff once more to the
expansion of the global ORT (Organization for Educational Resources and
Technological Training) network of vocational and technical education, and to:
Defeating anti-Semitism everywhere
Supporting the rights of Soviet Jews and human rights all over the world
· Backing the people of Israel in their search for peace and security
· Developing the Bramson ORT Technical Institute in New York City; the
Zarem/Golde School in Chicago, Illinois; and Los Angeles ORT Technical
Institutes
· Furthering the cause of quality public education
· Working for revitalized and upgraded vocational and technical education in
America, and
WHEREAS, ORT also shares its expertise on a non-sectarian basis through a
widespread program of international cooperation, motivated by humanitarian principles.
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim April 20, 2001 as
"WOMEN'S AMERICAN ORT DAY"
in Delray Beach, Florida, in recognition of the vital achievements of ORT'S worldwide
program and of Women's American ORT abroad and on the American scene.
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 17th day of April, 2001
DAVID W. SCHMIDT
MAYOR
WMEREAS, Women's American ORT pledges itse~~
~ ~etwo~'-k of ~Vo'cationat and technical education?~'~
Defeating anti-Semitism everywhere
Supporting the rights of Soviet Jews and human
rights all over the world
Backing the people of Israel in their search for
peace and security
Developing the Bramson ORT Technical Institute in
New York City; the~Z~rem~ School in Chicago,
Illinois; and Los Angles ORT Technical Institutes
Furthering the cause of quality public education
Working for revitalized and upgraded vocational and
technical education in .America; and,
WMEREAS, ORT ml~o shares its expertise on a
nonsectarian% basis through a widespread program of inter-
national cooperation, motivated by humanitarian principles.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Co~mission, do hereby proclaim '~~DD5oo~ as
WOMEN'S A~4ERICAN ORT DAY
in Delray Beach, Florida, in recognition of the vita].
achievements of ORT'S worldwide program and of Wonlen's American
ORT abroad and on the American scene.
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 7th day of March, 1995.
THE EFFORT ALWAYS IV] ATTEF~$ -
Lorrnl~
March 1, 2001
Mayor David Schmid%
100 N.W. 1st Avenue
DelraY Beach, Florida 33444
~Dear Mayor Schmidt,
Enclosed is a copy of the %~brding for the proclamation I
DISCUSSED WITH YOUR OFFICE. We are enclosing a brief
description of our activities.
We have had a presence in this Region for over 20 years
and would appreciate your assistance in proclaiming a day
in April as "ORT DAY" to recognize the achievement of
Women!s American ORT.
Thanking you in advance for your cooperation.
ORTfully Yours,
Gay Clark, JOYCE Portner and Dolly Malitz
ORT DAY Chairs
Gay Clark
8359 Springlake Drive
Boca Raton, Florida 33496
1-561-852-4343
P.S. Please advise if the above is approved and when we can
have an appointment for your signature.
enclosure
· WOMEN'S AMERICAN
South Palm Beach County Region
3200 North Federal Highway · Suite 206 · Boca Raton, Florida 33431
(561) 393-6254
Lorraine Epstien
President
Lorraine Kaye
First Vice-President
National Volunteers Week
Chaired by Sec!y of State
April 18 - 23, 2001
- Colin
Powell
WHEREAS, Women's American ORT pledges itself once more to the expansion of the global
ORT (Organization for Educational Resources and Technological Training) network of
vocational and technical education; to defeating anti-Semitism everywhere; to supporting the
rights of Soviet Jews and human fights all over the world; to backing the people of Israel in their
search for peace and security; to developing the Bramson ORT Technical Institute in New York
City; the Zarem/Golde School in Chicago, Illinois; Los Angeles ORT Technical Institute; to
furthering the cause of quality public education for all citizens, and to working for revitalized
and upgraded vocational and technical education in America and,
WHEREAS, Women's American ORT, the largest membership group in the ORT Global family,
has pledged itself once again to achieve its mission through ongoing campaigns of membership
recruitment, fundraising and community action. Its unique International perspective enriches the
organization as an arena for advocacy and action on local, national and international issues.
WHEREAS, ORT also shares its expertise on a non-sectarian basis through a widespread
program of international cooperation, motivated by humanitarian principles.
NOW, THEREFORE, I
do hereby proclaim April , 2001 to be
ORT DAY
Mayor of the City of
in recognition of the vital achievements of ORT's Worldwide program and of Women's
American ORT abroad and on the American scene.
It is m Women's American ORT's best interest to en-
hance conditions conducive to secure, creatwe Jewish
~ife and to the preservation of a democratic, pluralistic
society Our efforts affect, and are affected by, the
ety around us. Ideally, each Women's American CRT
Chapter is an active community organization -- aware
of issues which affect our members and our goals, and
mobi~ized to make our voice heard.
It is also evident that non-involvement closes a poten-
tial avenue of visibihty for your Chapter and for Women's
American CRT nationally
Finally, ahd perhaps most importantly, we have the ob-
ligation of tikkun clam, to repair the world, and to pursue
social justice for all members of society. We are in-
volved because involvement is r_Lg.b.t.
Before you Identify_ and consider actign on an. i~-
sue. you need to know if Women's American OR'I'
has · oosltlon on the Issue and soeclflcall_v what
The best source of this information is the National Reso-
lutions brochure, available through the National Supply
Department, which details Women's American ORT's
positions on many domestic and international issues,
spelled out in resolutions adopted at every Women's
American CRT National Convention.
Another excellent resource is the National Community
Affairs Department itself, which should be con~cted w~th
any questions about our policies and appropriate action
strategies.
Public Education: Our Centerpiece Concern
Although Women's American OR'Ps National Resolu-
tions encompass a Wide array of issues, public ecluca-
tion remains our central concern on the domestic agenda
Issues involved in championing quality public education
include:
· Church/State Separation: maintaining stdct
church/state separation in the public schools --
these concerns arise with the emergence of mea-
sures and practices promoting prayer and other
religious practices within the public education
system
· Career Training and Awareness: promoting
career training and awareness -- govemmenta! as
well as volunteer programs that facilitate the school-
to-work transition for students, whether they are
university-bound or aspiring to enter the w.~rkplace
following high school or post-secondary training.
· Public Education Support: chailengin9 proposals
and plans that drain vitally needed funds from the
public education system for the benefit of the
private/parochial sector, tnese include publicly
funded "vouchem" to parents of children attending
private schools, or to the schools themselves, or
tuition tax credits for the same purpose,
· Monitor Charter Schools: close monitoring of the
"charter school" trend ~ these schools operate
independently under state authority and with state
funding, and are supposed to be accountable to ~x
payers and subject to desegregation orders. Propo-
nents of charter schools assert that they provide
choices to parents dissatisfied with existing public
schools. Opponents argue that charter schools
divert funds from districts that can barely meet
current needs, and open the door to voucher pro-
grams, home schooling and other alternatives which
tend to segregate children and may undermine the
,separation of church end state. The guidelines
and policies affecting charter schools vary
widely from state to state.
- Love Reading: implementing our"Love.Reading"
acbvities as part of our support for the promotion of
literacy
· Public School Libraries: continuing support for
the existence and expansion of public school
libraries.
· Censorship: acbvely resisting the censorship of
books in school libraries.
· Legislative Advocacy: advocating federal, state
and local legislation that promotes quality public
education, a safeguard against ignorance, inequity
and discrimination, ensuring every child the knowl-
edge and skills to pursue a productive future.
As noted, the Commu,qity Affairs agenda ~s the pubh~
policy ~ and 9~ucat~or~ aspect of Women's
American ORT's activities.
The difference between "going to bat" for someone you
know (such as going to school to speak with your child's
teacher) and public policy advocacy (such as represent-
ing your Chapter at a Town Meeting) is that you are cham-
pioning a cause on behalf of a segment of society (pub-
lic school students, pregnant teenagers, immigrants) or
people in ar. other society such as Jews hwng under m-
~cress~ve regimes.
The techmques of advocacy can be as simple as a quick
call to the White [.-louse Opimon Line to express your
support of or opposition to a pchcy, er may be as com-
plex as documented tesbmony to a legislative commit-
tee Between these two poles of involvement there are
many options available to advance your Chapter's vi-
sion of enlightened public policy
You can see.from the list at r~ght that the Jewish Council
for Public Affairs {JCPA) heads the list of organizations
of which Women's American CRT is a constituent. We
play a very active role in NJCRAC's dehberations and
the formulation of the yearly "Joint Program Plan," the
public policy and programming guide for Rs constituent
organizations (which comprise a very large segment of
American Jewry).
Nearly every Jewish community has a local equivalent
-- a Jewish Community Relations Council (JCRC). Your
Chapter should be a major "player" on your local
scene.
Your JCRC may be freestanding, or it may be an entity
of your Jewish Federation. Women's American CRT
strives to be represented on every JCRC in cities where
we have Chapters This ~s our opportunity to contribute
our views and expertise to the local commumty rela-
,dons process, an important pa~ of your responsibility in
the Community Affairs arena.
The following organizations are "umbrellas"
and coalitions of which Women's American
ORT is a constituent:
· Jewish Council for Public Affatrs (former/y NJCRAC)
· The Conference of Presidents of Major American
Jewish Organizations
· The Leadership Conference of National Jewish
Women's Organizations
- National Coalition Against Censorship
- Religious Coal;ben for Reproductive Choice
. The Leadership Conference on Civi~ Rights
· PEARL (The National Committee for Public
Education and Reiigious Liberty)
· The Coahtion to Preserve Rel~ious Liberty
· American Association for Career Education
· National Conference on Sowet Jewry
· UnRed Nations Association o~ the USA
(member of its Counci~ of Organizations)
· Non-Governmental Organization status wi[h the
United Nations Department of Public Information
· Family Involvement Partnership for Learning
· The Ccalition on the Environment and Jewish Ltfe
In addition, Women's Amedcan CRT er~jcys observer
status at the Generel Assembly of the Council of Jewish
Federatio.qs.
The National Office also subscribes to the publications
of numerous organizations, including' Americans United
for Separation of Church and State, The Jewish Tele-
graphic Agency Near East Research, Inc., and the
American Vocational Association.
' ~am~le Pitch Letter ("Getting to know you")
Aodl 4, 1994
Dear :
ORT is an organization that has been playing a major role in Jewish life for over a century. Today the
basic philosophy of ORT - and the goal of an ORT education - is more relevant than ever before as
nations across the globe struggle to prepare and train a work force for the modem world.
As public relations chair for the Chapter/Region of Women's American ORT, I have been
charged with bringing the message of ORT to our local community. While we remain gratified at the
amount of coverage our organization, and the ORT schools and programs around the world, contin-
ues to receive, I also believe it is important to meet with the editors of leading publications to discuss
new developments and listen to the media's concerns
I hope you will agree to meet me for lunch, at your convenience, so that I may fill you in on what is
new in the world of ORT. Did you know, for instance, that the largest Jewish day school in the
Southeastern United States has been completely computerized by ORT? That hundreds of teenag-
ers from the Soviet republics have been sent, alone, by their parents to israel and are studying at the
ORT School of Engineering in Jerusalem? That ORT maintains a network of eight schools through-
out France which is educating its fourth generation of Sephardim originally from North Africa? And
that ORT is playing a leading role in the rebirth of Jewish life throughout Eastern Europe with schools
and technology centers in Moscow, K~ev, St. Petersburg, Budapest, Vilnius and many other locations?
I will contact your office next week for what I hope w~ll be a favorable reply to this invitation, and look
forward to the opportunity to meet and spend some t~me together.
Sincerely.
(name)
(title)
Soample Pitch Letter
MS.
Editor
Prominent Women's Magazine
January 3,199_
Dear Ms.
These are not easy times for the nahon's traditional women's organizations. Long a cdt~cal source of
financial support, pubhc re!at~ons and people power for a myriad of important causes, volunteer
organizations across the country have seen their strength and numbers deeply affected by fundamen-
tal shifts in American society.
The entry of women, in mass numbers, to the professional work force; the difficult economic ciimate
of the past decade; the rise of the two- and sometimes three-paycheck househc!d; the increasing
percentage of women remaining single into their 30s and 40s, or choosing not to marry at all; and a
national divorce rate averaging 50 per cent have all conspired to create a drastically different wodd
for women's volunteer groups
Women's American ORT. which was founded in 1927 to support the worldwide OFT program of
technical and vocational schools, is one organization that has taken dramatic steps to meet this
challenge. Since the presentabon of the findings of an organizational audit in July, 1993, Women's
American ORT has systematically undertaken the process of reinventing - and revolutionizing - its
structure, mode of governance and basic way of doing business. While remaining true to its essential
mission, Women's American ORT, the largest single contributor to the international ORT program, is
preparing to welcome the woman of the 21st century.
The steps taken by Women's American ORT are being echoed at volunteer organizations every-
where. I am sure your readers would be most interested in a feature story on Women's American
OR'Ps "quiet revolution" and its implications for all women's volunteer groups.
I have enclosed, for your information, a general brochure about our organization, which maintains
Chapters and an active membership across the country. I would be very pleased to arrange for a
repoder to speak to our National President and other representatives of the leadership of Women's
American ORT for this story.
I will call your office in the near future to further discuss this story idea.
Sincerely,
(name)
(title)
Encl.
WHEREAS, Ronald Ziegler was bom in Philadelphia, Pennsylvania and is a Vietnam Era
veteran whose Array Reserve Unit, the 420a Ordinance Company, Field Supply, was placed on alert
during President Johnson's vast callup in October 1965, and received his Honorable D~scharge on
May 23, 1966, at the rank of Spedalist 5a class from the Army; and
WHEREAS, Ron graduated with a BS degree from Temple University, where he was
President of the award winning Debate Team and graduated from the University of Pennsylvania
Law School with honors; and
WHEREAS, in 1977 he planned and led a successful multi-faith demonstration against
Public Television Channd 12 in Philadelphia because of that station's viewing of a Neo Nazi and
Klansman in symbolic uniform; and
WHEREAS, in 1982 as Department Commander of Pennsylvania, he led the effort to pass
the first Ethnic Intimidation Act in that Commonwealth and received a pen used to sign that
legislation by then Governor Thomburgh; and
WHEREAS, as Policy and Resolution Chairman at all levels of Jewish War Veterans 0WV),
he has assisted in the presentation of the voice of JWV to this date. For example, some three weeks
before the Gulf War, he assisted in the drafting of the resolution urging the United States to lead in
an all out effort, if necessary in war, to drive Iraq from the Persian Gulf; and
WHEREAS, Ron has been honored as Man of the Year by both the Philaddphia County
Council and the Department of Pennsylvania. He served JWV twice as National Judge Advocate
(currently), Department, County and Post commander, National convention Co-Chairman, and
General Counsd and member of Board of Directors at large of our Museum; and
WHEREAS, he has practiced as a trial lawyer in dvil litigation over thirty years in
Philadelphia and is married to Leona and they are parents of two children, Sheryl, an attorney, and
Brian, an orthopedic surgeon and are the grandparents of Elizabeth, Rebecca, Courtney and
Catherine; and
WHEREAS, Ron has served as Assistant Attorney General assigned to the Pennsylvania
Public Utility Commission and has been Chairman of the Public Utility Law Section of both the
Philadelphia and Pennsylvania Bar Associations. He has been a Life Member of JWV since 1979,
and most recently he has been appointed as Trustee to Eastern State Youth Development Center.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach,
Florida, on behalf of the City commission and citizens of Delray Beach, do hereby recognize and
commend
NATIONAL COMMANDER RONALD ZIEGLER
for his many and varied accomplishments, and congratulate him on his achievements as a fine
example of a dedicated American.
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 17~ day of April, 2001.
DAVID W. SCHMIDT
MAYOR
Tlm~.r.c, FL tJ~2!
Rnymn~d T T~ife P P~
~elv~y ~e~ch, FI.
R MW667~.1 eom
JEWISH WAR VE'fERAFI5 OF 'rilE Ulql'fEb s'r 'rES
DEPAR'fMEIqT OF FLORIbA
IIF" 'ERT SCIIWARTZ. COMMANDER ~/
2001
¥. Ilth Place, Cnpe ('omi, Fl, 11914
On April 22nd at 12 Noon, a visit by the
National Commander of the Jewish War Veterans
of the U.S.A. will take place at the Royal
Fiesta Caterers. We would appreciate your
participation in this momentus event by
presenting the National Commander, ~
Zie~ler with a key to your city,~~
~pr°cla~ever you feel ls more
~iate.
The cost of the luncheon is $23 per person.
~lh.m KhnR
For information, please call Cocmissioner Bill
Kling at (954) 473-6068, Jack Berman, P.N.C.,
J.W.V., U.S.A. at (561) 243-9263, Max Levine,
P.D.C., at (954) 435-1312, P.C. Martin Gansky
at (954) 424-1085 or, Chairman of the Event,
Ralph Shear at
(561) 482-4032.
Thanking you in advance.
Hoping to see you or your representative on
April 22nd at the Royal Fiesta Caterers - Cove
Center - 1680 SE 3 Court, Deerfield Beach.
We remain sincerely yours,
Bill Kling
Dept. of Fla. Legislative Officer J.W.V.
Jewlgh War Veterans of the Dnited ;tates of America
Ronald Ziegler
National Commander
~ewlsh War Veto, lmM of'the U, S, A.
Ronald Ziegler was born {n Philadelphia. PA and is a Vietnam Era veteran whose Army Reserve
Unit. the 420~' Ordinance Company. lqeld Suppl:,, was placed on alert during President
Johnson's vast callup in October 196.'I, and reeeiYed his Honorable Discharge on May 23. 1966
at the rank oFSpecJ~list ~tl, elms t~'om the Army.
Rca graduated with a B.~{. degree from Temple Univers{fy, where he was President of'the award-
winnin{; Debate Team and graduated From the U,~{ver.qity of' Pennsylvania Law School with
honors.
in 1977 he planned and led a successful multi-failh demonstration against P. blic Television
Channel 12 in Philadelphia beeaule of'that ~tatio,,,'s viewin{} of' a Nec N~i and Klansman in full
symbolic uniform.
In 19R2 al Department Commander ot'Pennsylv,,nia, he led the effort to pa.es the first Ethnic
Imtimidation Act in that Commonwealth and rec,t,4ved a pen used to s{$n that legislation By then
Governor Thornburgh.
As Policy and Resolution Chairman et all levels orJwv, he Msi~ed in the presentation of'the
voice of'JWV to this date. Pot example, come three weeks before the Gulf'War, he assisted in
the draflinl{ o{'the reaolution urg4n8 the U. Ited $
war. to drive Iraq t~.om the Persia.
Rca has been honored as Man of'the Year by bolh Philadelphia County Council and the
Dep~rtme.t of' Pe. Mylvlt.{a, tie ~ ~ t~,ace M National ~udge Advocate (cu.ently).
DepOse, County and Post Co~a~ (Free, isa. Post 706. P~ladelphla, National
Convention Co-ChOsen, ~d Oeneral COuMel ~.d Member of'Bo~d of Directors at Large of
our Mu~m.
He has practiced am a trial launyet in civil litlllatlon over thirty years in Philadelphia and is
married to Leone ~d'they are parents otttu~o elV,,dran ~lhetyl, an attorney, and.Brian, an
orthopedic sur{}eon at~d ate the Ilrand parent~ or}~.llzabeth. Rebecca. Courtney and Catherine.
Rca has served as AMista.t Attorney O~eral as~:igfled to the Penn~lvania Public Utility
CommiMion and has been Chairmen of the Public: Utility Law ~ection of both the Philadelphia
and Pennsylvania Bar AMoclatloM. He has booth a Lire Member of YWV since 1979. Most
recently he has been appointed am Trustee to EM, em State Youth Development Center.
WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the
citizens in this community through the enforcement of buildin~ zonin~ housin~ animal comrol,
fire safety, environmental and other codes and ordinances; and
WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in
improving neighborhoods; and
WHEREAS, every day, assisted by support and program staff, they attempt to provide
quality customer service to the public for the betterment of the community; and
WHEREAS, too many times their efforts go unnoticed, even after code compliance has
been accomplished due to their efforts and expertise; and
WHEREAS, Code Enforcement Officers are dedicated, well-trained, and highly responsible
individuals who take their jobs seriously and are proud of their department and the local
government within which they serve; and
WHEREAS, the Florida Association of Code Enforcement, Inc. (FA.C.E.) has dedared the
fourth week of June to be set aside by local government to honor and recognize their Code
Enforcement Officers.
NOW, THEREFORE, I, DAVID W. SCHMIDT, MAYOR of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim June 25, 2001 through June
29, 2001 as
CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK
in Delray Beach, Florida, in accordance with the state-wide observance of the same and encourage
all citizens of the City of Delray Beach to join this Commission in expressing appredafion for the
dedication and outstanding service provided by the individuals who serve as our Code Enforcement
Of'f~c~rso
IN WITNESS WHEROF, I have hereunto set my hand and caused the Official Seal of the
City of Delray Beach, Florida, to be affixed this 17m day of April, 2001.
DAVID W. SCHMIDT
MAYOR
M E MO RAN DU M
TO:
FROM:
SUBJECT:
DATE:
Lula Butler, Community Improvement Director
Richard Bauer, Code Enforcement Administrator
CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK
APRIL 6, 2001
June 25 -29, 2001 has been designated as Code Enforcement Officers'
Appreciation Week by the Florida Association of Code Enforcement.
Our staff would appreciate the City Commission adopting the attached
Proclamation to commemorate subject event.
RB:ib
WHEREAS, AAA Auto Club South, the third largest affiliate of the American
Automobile Association, has just relocated and opened its new branch office in the City
of Delray Beach at 14539 Military Trail, Suite A, and
WHEREAS, the relocation and expansion of this Delray Beach AAA branch office
was done so that the staff of the Delray Beach Division can more efficiently and more
expeditiously serve the ever increasing number of AAA members in the Greater Delray
Beach area and surrounding communities, as well as AAA members visiting from other
parts of the United States, Canada and throughout the world; and
WHEREAS, the new Delray Beach AAA branch office will continue to perform
public service actiwties and legislative programs in the interest of the traveling public,
including traffic safety, traveler safety, pedestrian safety and school safety; and
WHEREAS, nearly 28,000 residents of the Greater Delray Beach area and
surrounding communities belong to AAA Auto Club South and are supportive of the
goals and objectives of this organization.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby proclaim April 24, 2001 as
"AAA AUTO CLUB SOUTH DAY"
in Delray Beach, Florida, and extend official greetings of the community, and
congratulations to Ms. Sandi Davis Division Manager of the Delray Beach Division of
AAA Auto Club South, and her staff, and urge all of our citizens to recognize AAA Auto
Club South for its optimistic faith in the future development of our commumty.
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 17th day of April, 2001.
DAVID W. SCHMIDT
MAYOR
PROCLAMATION
WHEREAS, AAA Auto Club South, The Third largcs~ affiliate of the Americs, n
Automobile Association, has just relocated and opened its new bt/tach office in Deiray Beach ~t
14539 Military Trail, Suite 34 and
WHEREAS, the relocation and e×gan~iou of ~his D¢lray Beach AAA branch office was
done so that the staff of the Delray Beach Division can more effieienlly and more expeditiously
serve the ever increasing number of AAA members m the greatea- Dekay Beach area and
surrounding communities, as well as AAA membea-s visiting fi'om other parts of the United
States. Canada and throughout the world; and
WI-IE~AS, the new Delray Beach A. AA branch office will continue to pea-form publ!e
service activities and legislative programs in the interest of the traveling public, including traf:fie
safety, uaveler safety, pedestrian safety and school safety; and
WHEREAS, n~rly ~ residents of the greater Dekay Beach area and surrounding
commtmities belong to AAA Auto Club South and are supportive of the goals and objectives of
this organization,
NOW', THEREFORE, I, David Schrn/dt, by v~rtue of the ~mthor~ty vested in me as th~
Mayor of the city of Delray Beach, do hereby proclaim Tuesday, April 24, 2001 as:
AUTO CLUB SOUTH DAY"
in the community of Delray Beach and extend official greetings of the commrmity,
congratulatim~s to Ms, Sandi Davis, division manager of the Delray Brach Division of AAA
Auto Club South, and her stafI; and do urge ail orour citizens to recog~ize and honor AAA Auto
Club South for irs optimisrac faith in the future development of our commun/W.
DATED THIS 2~,th DAY OF APRIL, 2001
SIGNATURES
NDUSTRIES
INC.
February 23, 2001
City of Oelray Beach City Clerk
Attn: Ms Milza Madden
100 NW 1" Avenue
Delray Beach, Florida 33444
Dear Ms. MIIza Madden:
Per your request, I am supplying you with a bdef overview of the project that we
are seeking funding from the city commission.
First of all, I am the Executive Director of the lead agency in this project called
Jeff Industries, Inc., which is a non-profit 501(c)(3) community mental health
agency. We currently have our primary office and facilities in Hypoluxo where we
have run vocational, educational and employment oriented mental health
programs for over fifty years. Our primary funders are the Palm Beach County
School District; the State of Florida Department of Children and Families; the
Palm Beach County Board of County Commissioners and the Palm Beach
County United Way.
The project which we plan on locating in Delrey is called the Delray Youth
Enrichment Vocational Center and is the brainchild of the Delray Police
Department. The police saw a need to present alternatives to crime for law
enforcement involved socially, culturally and economically challenged youth from
crime prone neighborhoods within the city. The youth we are targeting are often
involved or associated with gangs and serious cdme.
We are proposing to operate a Charter School that will provide vocational training
and employability skills, job placement, job coaching and counseling, as well as,
educational programming growth to these 16 to 22 year old youths. It is our hope
to eventually involve the targeted youth's entire family in a family
builder/counseling type program model that will be attached to the school.
~, PRIVATE r'{OH-pROFIT ~.GEHC¥ ~F_~VIHG PF-.R~OH$ WITH SEVERE ~EHTAL AND E.~OTIOHAL ILLHESSE.~ ,~.
Program Office 115 East Coast Avenue, Hypoluxo. FL 88462 (561) F~2.0~r-~ FAX: (561) Y~2.069'Z
The lead agency (Jeff Industries) is highly experienced and enjoys a graat
reputation with area funders for operation of similar programs. In fact our Ed
Venture Charter School, also a school to work program for emotionally and
severely emotionally disturbed high school aged youth, has recently been
recognized on a state level as the first recipient of the "Shining Star" award for
Charter Schools and by the Palm Beach County School District for its excellence
in vocational programming.
The Delray Youth Enrichment Vocational Center will initially offer training in the
automotive fields and has strong support from key auto dealers (ia. Borton
Volvo/Volkswagen: Ralph Buick etc.) and numerous other community
businesses, fraternal, civic and community organizations.
We are anticipating receiving our charter from the Palm Beach County School
District in March. The District is very enthusiastic about our application and we
do not anticipate any problems. We would like to open as soon as August 2001
and if the funding request Is approved.
We are asking the City to cover the cost of operating a counseling odented
vocational employment program. The School District only funds the cost of
academic programming. We anticipate being able to access criminal justice
grants after we become more established which should reduce long-term cost to
the city.
The program we offer will greatly increase our ability to make the involved youth
and their families become active contributing community members or 'part of the
solution' as opposed to having them drain the system and being part of the
problem or what is wrong with the community. It makes sense to have a person
paying income and property taxes as opposed to the community paying to police,
convict and incarcerate or subsidize them on an ongoing basis. In that respect,
we would be showing a dividend to the city and its growing image in a relatively
short time.
Attached you will find our projected start up and first years budgets. We are
asking the city to lead the way by funding $200,000 in year one funding and to
agree to three years of funding before you review us for continuation funding.
The three years represent the period that the School District contract will cover.
This is a cutting edge program model operated by a heavily Iouded lead agency
with a proven fiscal management, as well as, programming track record.
This is the opportunity to develop a model that should receive national attention
for its uniqueness and community involvement.
I am looking forward to the opportunity to present to the council our very exciting
vision, If you need additional information prior to our meeting, please feel free to
contact me directly.
Angelo V Squatdto
Executive Director
Exhibit 12
DELRAY YOUTH ENRICHMENT VOCATIONAL CENTER
Start-Up Budget
April 01 thru June 30, 2001
REVENUE
76,900
20,000
4,000
41000
04,900
Federal Start-Up Grants
Other Grants
Inklnd Donations
Donations
TOTAL START UP REVENUE
EXPENSES
4,375
1,200
6OO
225
3,500
6,000
1,500
5,400
500
2,000
4,000
800
3,500
40,000
$ ~,ooo
$ 76,600
Rent (3 Months - Apdl thru June, 2500 sq ft (~ $7 00 sf)
Utilities
Telephone Service (3 Lines)
Trash Removal
Printing/Copying
Insurance
Legal services
Utility Deposits
Hook-Up Charges
Academic Materials
Vocational Materials
Licenses, Fees & Subscriptions
Non-Capital Purchases (Small Tools otc,)
Capital Expenses (Pickup Truck; Copier; Compressors; 2 Lifts
Telephone System; 6 Computer Systems; Office Furniture otc)
Renovation of Facility
SUB-TOTAL EXPENSES
PERSONNEL
12,981
993
-
258
385
$ 14,617
Co-Ordinator/School Administrator
FICA/SS Match
Health Insurance
Wo~kman's Compenasation
SUTA
TOTAL PERSONNEL
$ 91,217
$ 104,900
TOTAL PERSONNEL & EXPENSES
15% ADMINISTRATIVE INDIRECT
TOTAL BUDGET
' Exhibit 13
Delra~ fouth Enrichment Vocation~, Jenter
F/Y 2001/02 Budget
I. Personnel (Total Sheet) YEAR I YEAR2 YEAR 3
School Administrator/Certified SED Teaoher
Salary $45,000 $46.350 $47,741
Fringe $7.0431 $7,446 $7,582
Total Salary/Fringe $52,043 $53,796 $55,323
Auto Shop Supervisor
Salary $41,600 $42.848 $44.133
Fringe $6,282 $7.178 $7,606
Total Salary/Fringe $47,882 $50,026 $51,739
.5 FTE Auto Shop Instructor
Salary $26,000 $26,000 $26,000
Fringe $1,989 $1.989 $1.989
Total Salary/Fringe $27,989 $27,989 $27,989
.5 FTE Academic Instructor
Salary $20.800 $20,800 $20.800
Fringe $1,591 $1,591 $1,591
Total Salary/Fringe $22,391 $22,391 $22,391
Administrative Aa$istantJEmployment Specialist
Salary $28,000 $28,840 $29,705
F rings $5.242 $6,106 $6.502
Total Salary/Fringe $33,242l $34,946 $36,207
Inklnd Behavioral SupportJ$¢hool Police
Total Salary/Fringe/Insurance" $65,328 " $65,328 " $65,328
Page 2
I~XJ"IIDI( 1 ~
Delra~ (outh Enrichment Vocationa~. ,.;enter
F/Y 2001/02 Budget
I. Personnel (Total Sheet) YEAR I YEAR 2 YEAR 3
Total Personnel
Salary $226,728 $230,166 $233,707
F rlnge $22,147 $24,310 $25,270
Total Salary/Fringe $248,875 $254,476 $258,977
NOTE: Inkind Salary/Fringe/Insurance included
Page 3
Exhibit 13
DELI;LAY YOUTH ENRICHMENT VOCATIONAL CENTER
II
EXPENSES
YEAR 1 YEAR 2 YEAR 3
RENT
ELECTRIC
PEST CONTROL
TRASH REMOVAL
SECURITY SYSTEM
RIM .JANITORIAL
RIM BUILDING
AUDIT FEES
LEGAL SERVICES
ACCOUNTING SERVICES
CONSULTANTS
AUTO REIMBURSEMENT
AIRFAREJLODGING/MEALS
CONFERENCE/CONVENTION FEES
STUDENT VOUCHERS/TRANSP.
NON CAPITAL PURCHASES
RENTAL/LEASE EQUIPMENT
R/M EQUIPMENT
OIL/GREASE VEHICLES
REPAIR PARTS VEHICLES
TiRES/TUBES VEHICLES
GASOLINE VEHICLES
FOOD SERVICE
PAPER SUPPLIES-FOOD
MEDICAL SUPPLIES
SCHOOL PACKAGE INSURANCE
D & O INSURANCE
WORKMAN'S COMPENSATION INS,
SUTA
VOC.ED MATERIALS
ACADEMIC MATERIALS
POSTAGE
TELEPHONES
PRINTING
COPYING
OFFICE SUPPLIES
RECRUITMENT
LICENSES/FEES/DUES/SUBSCRIPTIONS
STAFF DEVELOPMENT
STUDENT STIPENDS/REINFORCERS
BOARD ACTIVITIES
SCHOOL ADMINISTRATORS EXPENSES
VOLUNTEER APPRECIATION
FIELD TRIPS
TOTAL EXPENSES
17,500 18,375
6,000 9,000
400 400
2,245 2,357
360 360
25.000 25.000
1,200 1,200
Part of indirect administrative
Part of indirect administrative
Part of indirect administrative
16,000 16,000
500 500
1,500 2.000
500 800
3,500 6.000
7.500 7,500
1,000 1,000
1,3O0 1.300
300 300
500 500
200 500
1.2OO 2,200
14,000 21,600
50 100
350 50
19,294
9,000
400
2,475
360
25,000
1,200
overhead
overhead
overhead
16,000
500
2,500
7OO
6,0O0
2,500
1,000
1,300
300
500
500
2,200
21,600
100
50
Included in Administrative overhead
Included in Administrative overhead
7,201 7,339 7,481
1,925 1,925 1,925
2,500 3,500 3,500
2,500 3,500 3,500
500 500 500
3,420 3,420 3,420
2,500 1,500 1,500
750 750 750
1.200 2,000 2,000
1,000 1.000 500
800 800 800
2,000 2,000 2,000
15,000 25,000 25,000
Indudedin Administrative indirect overhead
500 500 500
500 500 SOO
500 500 500
143,901 171,S76 167,855
Page 4
Exhibit 13
DELRAY YOUTH ENRICHMENT VOCATIONAL CENTER
YEAR 1 YEAR 2 YEAR 3
ill
CAPITAL FURNiTURE/FIXTURES & EQUIP. 40,000 10,000
IV
REMODELING & RENOVATIONS 4,000 2.000
TOTAL EXPENSES
1 o, 000
2,000
187,901 183,576 179,855
TOTAL PERSONNEL 248,875 254,476 258,977
TOTAL EXPENSES & PERSONNEL
PLUS15%INDIRECTADMINISTRATIVE
SUPPORTSTAFFSERVICES
[ TOTAL BUDGET
436,776 438,052 438,832
65,516 65,708 65,825
$02,292 503,760 504,657
Page 5
[ITY OF DELRrlV BErlI:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090. FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
DATE: March 29, 2001
MEMORANDUM
TO: City Commission
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Lease and Management Agreement Between City and Expanding and
Preserving Our Cultural Heritage, Inc. (EPOCH) for the Spady House
Property
The following is a summary of the more salient points contained in the Lease and
Management Agreement.
Lease
(1)
The lease of the Spady property commences on January 1, 2001 and ends
December 31, 2030. The rent is $1.00 per year.
(2)
EPOCH is to pay all utilities, telephone, Solid Waste Authority assessments, and
stormwater assessments.
(3) EPOCH is to renovate and restore the property.
(4)
EPOCH is to fumish all janitorial cleaning and regular pest control and perform all
maintenance not reserved to the City.
(5)
After the restoration, the City shall be responsible to maintain the exterior walls,
roof, air conditioning/heating equipment, the grounds irrigation system, parking lot
and fences, outdoor lighting and sidewalks and structural components.
(6)
EPOCH will indemnify the City, pay taxes and pay for and maintain insurance on
the premises.
City Commission
March 29, 2001
Page 2
Management Agreement
The Management Agreement provides as follows:
(1)
The Board of Directors and subcommittees will be selected and perform all duties
pursuant to the articles of incorporation and bylaws of EPOCH.
(2)
EPOCH shall have an Executive Director who will manage the operation of facility
and report to the Board of Directors
(3) The City may use the facility for meetings or events upon prior written notice.
(4)
A City liaison shall work with the Director and a Board Member may attend all
meetings.
(5)
An approved annual budget shall be submitted to the City each year where the City
is a co-applicant or applicant for grant funds.
(6)
EPOCH shall provide an audited and certified annual financial report unless waived
by the City and an annual compliance audit of all grant funds received by EPOCH.
The City, at all times, has a right to audit EPOCH.
(7) The Board of Directors of EPOCH are empowered to establish and collect
admission prices and charges.
(8) The Management Agreement shall be reviewed annually by the parties.
(9) EPOCH shall provide to the City each year a list of projected program uses.
By copy to David Harden, City Manager, our office requests that the Management and
Lease Agreements be placed on the April 17, 2001 City Commission agenda for approval.
SAR:ci ~
Attachments
cc: David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Barbara Garito, Acting City Clerk
Vera Farrington
Mark Reingold, Esq.
Clarence Vaughn
LEASE AGREEMENT
THIS LEASE made this 1st day of June, 2001, by and between the CITY OF DELRAY
BEACH, FLORIDA, a municipal corporation, hereinafter referred to as the "Lessor" or "City",
and EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC., a Florida
not for profit corporation, hereinafter referred to as "EPOCH" or "Lessee".
WlTNESSETH:
1. Demise and Description. That, subject to the terms and conditions hereinafter
set out, the Lessor hereby lets and leases unto the Lessee that land and the buildings and
improvements thereon known as the "Spady House Multi-Cultural Museum Properties" or the
"Premises", located in the City of Delray Beach, Florida, and which property is more particularly
described on Appendix "A" attached hereto and made a part hereof.
2. Commencement and Term. The term of this lease shall commence June 1,
2001, and shall terminate May 31, 2031. The annual rental is one dollar ($1..00) per year and
shall be paid on the first day of each year of the lease term. The Lessee may renew this lease
upon the express written consent of both parties.
Covenants of Lessee.
a. To Pay Rent.
The Lessees hereby covenants and agrees:
That it will pay the rent at the time and in the manner set
out above, except only in the case of fire or other casualty as hereinafter provided.
b. To Pay Utilities. That it will promptly pay all gas, electric, water, sewer,
Solid Waste Authority assessments, stormwater assessments and telephone charges which may
become payable during the terms of this lease for gas, electricity, water, sewer and telephone
service consumed on or rendered to the leased premises.
c. To Keep in Repair and in Good Condition. Lessee understands that the
Lessor leases the premises "as is" at the date of the commencement of this Lease. Lessee will
renovate and restore the leased premises, and keep the restored premises in such or better repair
as the same are from the date the restoration is completed, reasonable wear and tear accepted.
Lessee shall, prior to completion of the restoration of the premises, keep the premises in such
good or better repair as the same existed prior to the completion of the restoration. Lessee shall
be responsible for the complete restoration of the premises including, but not limited to, the
structural components, air conditioning and heating equipment, roof and exterior walls and
exterior lighting. It is also explicitly agreed that the duty of the Lessees shall include at all times
the furnishing of all necessary janitorial and cleaning services, including regular pest control
service (except extraordinary measures or services such as complete tenting of the structure), and
care and maintenance of the building not otherwise expressly reserved to Lessor. Lessor shall
be responsible for the maintenance of the exterior walls, roof, air conditioning and heating
equipment and other structural components, maintain the grounds and irrigation system and the
parking lot and fences, outdoor lighting and sidewalks after the aforesaid initial renovation.
d. Not to Injure to Deface. That it will not injure, overload or deface, or
allow to be injured, overloaded or defaced, the premises or any part thereto, at any time prior to,
during or aRer the restoration thereof.
e. Not to Make Unlawful Use~ etc. That it will not make, or allow to be
made, any unlawful, improper or offensive use of the premises which would be injurious to any
person or property, or which would violate the laws of the State of Florida or of the United
2
States, or any ordinance of the City of Delray Beach, or any administrative rules or regulations
promulgated by the City Manager, or which would affect or endanger any insurance on said
building (or increase any premium thereof which is at all bome by the Lessor), or which would
violate Paragraph 10 of the Lease, or which would violate any term of the Interlocal Agreement
between Palm Beach County, the City of Delray Beach and the Community Redevelopment
Agency for the funding of the renovation of the Solomon D. Spady Multi-Cultural Museum dated
pursuant to the Interlocal Agreement attached hereto as Appendix "C".
f. Not to Make Alterations. That it will not make any modifications,
alterations or additions in and to the premises without the express written consent of the Lessor
in advance.
g. Not to Assign or Sublease. That it will not assign, sublet all or part of the
leased premises without the express written consent of the Lessor in writing, in advance. This
paragraph shall not apply to temporary special events, or brief uses of the property by the public.
h. To Permit Lessor to Enter. That it will allow the Less'or, and the Lessor
reserves the right at all times to enter and view the premises. Lessee shall make any repairs that
are required under the lease and as directed by Lessor. If Lessee fails to make repairs in a
reasonable time, Lessor reserves the right to make any repairs which it may see fit to make and
collect from Lessee the value of said repairs including labor and materials.
i. To Yield Up Premises. That at the expiration of the term of this lease, it
will peaceably yield up to the Lessor the premises and all buildings thereon, in good repair in all
respects, reasonable use and wear and tear, and damage by fire and other unavailable casualties
excepted.
3
j. To Indemnify Against Accidents and Negligence. That it will hold
harmless, indemnify and defend the Lessor, its officers, employees, and agents, from and against
any and all loss, liability or expense that may be incurred by reason of any claim or litigation
arising out of or in connection with Lessees' occupancy and use of the leased premises,
including, but not limited to, any accident with the appliances and fixtures installed by the
Lessees, or the gas, water or other pipes, or from any damage or neglect arising from or in any
way connected with the use, misuse or abuse of all utilities or fi'om any neglect in not removing
foreign objects fi.om the sidewalks, grounds, structures, or roof of the building.
k. To Bear Risk for Contents. That all property of any kind (whether
owned by the Lessor or Lessees) that may be on the premises during the continuance of this
Lease shall be at the sole risk of the Lessees, and that the Lessor shall not be liable to the
Lessees or any other person for any injury, loss or damage to property or to any person on the
premises.
1. To Pay Taxes. Lessee shall pay the real estate and' personal property
taxes, if any, assessed upon the premises during said terms as they shall fall due.
m. To Pay Insurance Premiums. That it will pay all premiums on the
policies of fire and/or casualty insurance covering said premises and in such amounts and under
such terms as may be required by Lessor. The Lessee shall name the Lessor as an additional
insured and shall provide Lessor with a certificate of insurance of the type and amounts indicated
on Appendix "B". The certificates of insurance shall require that Lessor is given thirty (30) days
notice of cancellation. In addition to the covenants set forth herein, the minimum insurance
requirements are as set forth in Appendix "B", and may be changed from time to time at the sole
discretion of Lessor over the life of this lease and any renewals thereof.
4
n. No Waiver. That no assent, expressed or implied, by the Lessor to any
breach of any of the Lessees covenants shall be deemed to be a waiver of any succeeding breach
of the same or other covenants.
o. RecordinG. That Lessee, its assigns or subleasees shall not record this
agreement.
p. Funding AGreement. Lessee will abide by all terms and conditions in the
Funding Agreement between Palm Beach County, the City of Delray Beach and the Community
Redevelopment Agency.
3. Covenants of Lessor. The Lessor hereby covenants and agrees:
Quiet Enioyment. That the Lessees shall peaceably hold and enjoy the
ao
leased premises.
b.
Fixtures. That it will allow the Lessees to install such fixtures and
appliances as may be necessary for the proper conduct of its business, and, at the expiration of
the term of this Lease, that it will allow the Lessees a reasonable length of tfme to remove any
and all fixtures which may be movable without causing destruction or damage to the facility and
which are owned by the Lessees.
4. Fire or other Unavoidable Casualty. In case the premises or any part thereof
shall at any time during the term of this Lease be destroyed or damaged by fire, act of God or
other causes beyond the control of the Lessor and through no fault or neglect on the part of the
Lessor, then the Lessor shall be under no obligation to repair or re-erect the leased structure. If
the condition of the leased premises should be so rendered unsuitable by the foregoing causes,
either party to this lease agreement shall have the option to cancel this lease.
5
5. Rieht of Reentry. If the Lessees shall neglect or fail to perform any of its
covenants, and including if any yearly installment of rent be overdue and unpaid for ten (10)
days, the Lessor may, immediately or at any time thereafter, after ten (10) days' notice, enter into
the premises and repossess the same as of its former estate and expel the Lessees, but without
prejudice to any remedies which might otherwise be used by the Lessor for arrears of rent or any
other breach of the Lessees' covenants or the waiver of any rights of the Lessor.
6. Notice. Whenever notice is required hereunder, it shall be addressed as follows
until written notice of change of address is given to the other party:
Lessor
City Manager's Office
100 N.W. 1st Avenue
Delray Beach, Florida 33444
7. NumbeG Gender.
Lessee
Executive Director of Board
170 N.W. 5th Avenue
Delray Beach, Florida 33444
As the context herein may require, the singular shall be
deemed to include the plural, and the masculine form shall be deemed to include the feminine
and neuter.
8.
Renovation. The Lessee does hereby agree to contract directly for the renovation
of the structure located on the subject property. The renovation shall be as approved by the City.
Upon completion of the restoration contemplated herein, the Lessees shall be then responsible
for the restoration, maintenance, and all other repairs in the future to the interior of the leased
premises and as indicated in Paragraph 3C, except that all such restoration and repairs shall be
approved by the Lessor in advance in order to keep the interior and exterior of the subject
premises in keeping with its historical landmark purpose.
9. Siens. The Lessees agree to erect an identification sign on the subject property
that lists both the Lessor and the Lessees' names, and identifies the subject structure, with the
colors, size, configuration, and location of such sign to be expressly approved in advance by the
City Manager or his/her designee. All other exterior improvements, painting, or any other
identification signs or markings shall be provided only in accordance with the applicable City of
Delray Beach Code of Ordinances and with the express approval of the City Manager or his/her
designee in advance.
10. Use of Premises. It is understood and agreed that the Lessees will use said leased
premises for the restoration of and maintenance of a historical landmark and a multicultural
museum and other ancillary activities concerning the City of Delray Beach and its environs, in
order to preserve such information and present it to the general public in such a way as to educate
and inform the public about the heritage of the Delray Beach area; provided, however, such use
does not violate any of the provisions or covenants of this lease agreement.
11. Cancellation. The Lessor does hereby reserve the right to terminate this lease at
any time in the future (either during the initial term or any renewal), upon 365 days prior written
notice to the Lessees at the address set forth in this lease agreement; provided', however, that the
Lessor agrees that it shall make reimbursements subject to budget to the Lessees for any costs
for capital expenditure additions to the structure (but not for regular maintenance or care items)
should the Lessor elect to terminate this lease in advance of the expiration of the initial thirty
(30) year term hereof, except if such termination is for breach of this Lease Agreement or for
violation of or failure to comply with any of the covenants set forth herein.
12. Remedies. Mention in this lease of any particular remedy in favor of the Lessor
shall not preclude the Lessor from any other remedy provided by law.
7
13. Modifications. None of the covenants and conditions herein shall be waived or
modified, nor shall any amendment be made to this Lease, except if agreed to in writing, and no
alleged verbal waiver or modification shall be binding under any circumstances.
14. Entire Agreement. This agreement constitutes the complete understanding and
agreement between the parties and supersedes any and all prior oral or written agreements and
understandings.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
By:
City Clerk
Approved as to form and legal
sufficiency:
By:
City Attorney
WITNESSES:
Signature
¢~printed or typed
Name printed or typed
EXPAND[!xLG AND PRESERVING OUR
CULT ~URT~ HERITAGe,~ INC.
By: //
(SEAL)
8
The foregoing instrument was acknowledged before me this /// day of
--'dj:'~ ~.;,bt, r'. , 2000, by L/¢,. ~--' ,xr-,-'~ ~ , as
(name of officer or agent, title of officer or agent), of
c~_cT,.,,..C.. /. '
(name of corporation acknowledging), a Y-L~.).rr ! :'.".f2 (state or place of incorporation;ze~'/~/'~,
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
...C:':"
</!. ;...
Signature of Notary Publi~. - State of Florida
Name Typed, Printed or Stamped
9
APPENDIX "A"
Lots 5 and 6 and the North 26.25 feet of Lot 7, Melvin Burds Subdivision of the
North half of Block 19, shown on the Map of Town of Linton (now Delray
Beach), according to the map or plat thereof as recorded in Plat Book 11, Page 73
of the Public Records of Palm Beach County, Florida.
Together with
The South 12 feet of Lot 7 and all of Lot 8, Melvin Burds Subdivision of the
North half of Block 19, shown on the map of Town of Linton (now Delray
Beach), according to the map or plat thereof as recorded in Plat Book 11, Page 73
of the Public Records of Palm Beach County, Florida.
Both of the parcels described above are subject to: Easements, reservations and
restrictions of record and all zoning ordinances and regulations imposed by
governmental authorities.
10
APPENDIX B - INSURANCE
A. General Liability Insurance: Lessee shall maintain general liability
insurance in coverage limits of no less than one million ($1,000,000.00) combined single
limit for bodily injury and property damage liability.
B. Property Insurance: The Lessee shall maintain property insurance for the
perils of all risk in an amount equal to the replacement value of the buildings and for the
perils of all risk in an amount equal to the replacement value of the contents of the
building and for the value of improvements and shall maintain flood insurance in the
amount of the maximum obtainable under the National Flood Insurance Program.
C. Worker's Compensation Insurance: The Lessee shall maintain Worker's
Compensation in an amount equal to the statutory limits of employers liability, if required
by law. -
D. Automobile Liability Insurance: Lessee shall maintain owned, non-owned
or hired automobile liability insurance in the amount of $100,000.00 per person,
$300,000.00 per occun'ence for bodily injury, and $50,000.00 for property damage.
E. Professional Liability Insurance: Lessee shall require all design
professionals engaged in restorations and/or renovation of the property to have
professional liability insurance in an amount acceptable to the Lessor.
11
' ' APPENDIX
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY,
THE CITY OF DELRAY BEACH, AND THE CITY OF DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY FOR FUNDING FOR THE RENOVATION OF THE
SOLOMON D. SPADY MULTI-CULTURAL MUSEUM
THIS INTERLOCAL AGREEMENT is made and entered into this day of
,2000, by and between PALM BEACH COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY", DELRAY BEACH, a Florida
Municipal Corporation, hereinafter referred to as "MUNICIPALITY", and THE DELRAY
BEACH COMMUNITY REDEVELOPMENT AGENCY, a political subdivision established
pursuant to Florida Statutes, section; 63, Part III, hereinafter referred to as "CRA".
WITNESSETH:
WHEREAS, MUNICIPALITY owns property located at 170 N.W. 5~ Avenue
in Delray Beach; and
WHEREAS, MUNICIPALITY intends to lease said property to Expanding and
Preserving Our Cultural Heritage, Inc. (EPOCH); and
WHEREAS, MUNICIPALITY has designated CRA by Interlocal Agreement as the
Project Manager under this Agreement; and
WHEREAS, CRA desires to construct the Renovation of the SolOmon D. Spady
Multi-Cultural Museum, hereinafter referred to as "the Project" at said location; and
WHEREAS, CRA has asked COUNTY to financially participate in the construction
of said project; and
WHEREAS, on March 9, 1999, a bond referendum was passed by the voters of
Palm Beach County for the issuance of general obligation bonds for the purpose of
financing the acquisition, construction, and/or improvements to certain recreation and
cultural facilities, in the principal amount of $25 Million; and
WHEREAS, on July 27, 1999, COUNTY approved a recreation and cultural facilities
project list and proposed funding allocations for the $25 Million Recreation and Cultural
Facilities Bond; and
WHEREAS, the Project represents one such recreation/cultural project enumerated
in the $25 Million Recreation and Cultural Facilities Bond; and
WHEREAS, MUNICIPALITY and/or its designee, EPOCH, desires to operate and
maintain the Project upon its completion; and
WHEREAS, the Project shall be open to and benefit all residents of Palm Beach
County; and
WHEREAS, Section 163.01, FIodda Statutes, permits public agencies to enter into
Interlocal Agreements with each other to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and
WHEREAS, all parties desire to increase the recreational and cultural opportunities
for residents of Palm Beach County and to enter into this Interlocal Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated herein as
if fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and
cultural opportunities for use by the public and thereby provide a mechanism for the
COUNTY to assist CRA in the funding of the Project.
Section 1.03 COUNTY will pay to CRA a total amount not to exceed $100,000 for the
construction of the Project as more fully described in the Project Description and
Conceptual Site Plan attached hereto and made a part hereof as Exhibit "A".
Section 1.04 CRA agrees to provide funding in an amount of $230,000 or greater to
complete the Project.
Section 1.05 COUNTY's representative dudng the construction of the Project shall be the
Director of Parks and Recreation, Palm Beach County Parks and Recreation Department,
telephone no. (561) 966-6685. CPA's representative during the construction of the Project
shall be Christopher J. Brown, Executive Director, Delray Beach Community
Redevelopment Agency, telephone no. (561)276-8640.
Section 1.06 CRA shall construct the Project upon property owned by MUNICIPALITY
as more fully described in Exhibit "B" attached hereto and made a part hereof.
Section 1.07 CRA shall utilize its procurement process for all construction services required
for the Project. Said procurement process shall be consistent with all federal, state and
local laws, rules and regulations. COUNTY shall have no contractual obligation to any
person retained by CRA with regard to the Project. Any dispute, claim, or liability that may
arise as a result of CRA's procurement is solely the responsibility of CRA and CRA
hereby holds the COUNTY harmless for same to the extent permitted by law and subject
to the limitations of Section 768.28, Florida Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 CRA shall be responsible for the design and construction of the Project.
CRA shall design and construct the Project in accordance with Exhibit "A" (Project
Description and Conceptual Site Plan), attached hereto and made a part hereof, and with
all applicable federal, state and local laws, rules and regulations.
Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto,
CRA shall initiate its procurement process to select the necessary professional engineer
and/or architect to perform all engineering and/or architectural design work, including, but
not limited to, the preparation of plans, permits and specifications necessary for the design
and construction of the Project.
Section 2.03 CRA shall provide a copy of the engineer's and/or architect's programming
phase documents (i.e., site plan, floor plan, elevations, etc.) to the COUNTY's
Representative for review. The COUNTY's Representative shall review said programming
phase documents to ensure consistency with the intent of this Interlocal Agreement.
Section 2.04 CRA shall be responsible for securing all permits and approvals necessary
to construct the Project.
Section 2.05 Prior to CRA commencing construction of the Project, CRA shall provide
a copy of all plans and specifications along with the associated costs thereof to the
COUNTY's Representative for review of same to ensure consistency with the intent of this
Interlocal Agreement.
Section 2.06 CRA agrees to totally complete the Project and open same to the public for
its intended use within thirty six (36) months from the date of execution of this Interlocal
Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90)
days pdor to that date, CRA may request an extension beyond this pedod for the purpose
of completing the Project. COUNTY shall not unreasonably deny CRA's request for said
extension.
3
Section 2.07 CRA shall submit quarterly project status reports to the COUNTY's
Representative on or before January 10, April 10, July 10, and October 10 during the
design and construction of the Project. These Quarterly reports shall include but not be
limited to, a summary of the work accomplished, problems encountered, percentage of
completion, and other information as deemed appropriate by the COUNTY's
Representative.
ARTICLE 3: FUNDING
Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall
be paid by COUNTY to CRA on a reimbursable basis. Any costs incurred in connection
with the Project in excess of that amount shall be the sole responsibility of CRA. Should
the total cost of the Project exceed the amount as projected by CRA, CRA shall
appropriate and expend the excess funds required for completion of the Project. The
COUNTY shall not dispense any funds to CRA for the Project until CRA has appropriated
and expended said excess funds for the Project.
Section 3.02 The COUNTY shall reimburse project costs under the terms of this
Agreement to CRA on a quarterly basis from the date of execution of this Interlocal
Agreement; however, should the need arise for CRA to be reimbursed on a more frequent
basis, then COUNTY will, at CRA's specific request for each instance, make its best efforts
to reimburse CRA within forty five (45) days of such special request. For each requested
payment, CRA shall provide to the COUNTY's Representative a fully.completed and
executed Contract Payment Request Form and a Contractual Services Purchase Schedule
Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include
information listing each invoice as paid by the CRA and shall include the vendor invoice
number; invoice date; and the amount paid by CRA along with the number and date of
the respective check for said payment. CRA shall attach a copy of each vendor invoice
paid by CRA along with a copy of each respective check and shall make reference thereof
to the applicable item listed on the Contractual Services Purchase Schedule Form.
Further, CRA's Project Administrator and Project Financial Officer shall certify the total
funds spent by CRA on the Project and shall also certify that each vendor invoice as listed
on the Contractual Services Purchase Schedule Form was paid by CRA as indicated.
Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount
allocated to CRA for the Project until CRA completes the Project and provides COUNTY
with either a Certificate of Occupancy or a Project Completion Certification as determined
by COUNTY, and the COUNTY receives and approves all documentation as required in
accordance with this Interlocal Agreement. The COUNTY's representative shall visit the
Project site to verify and approve said final reimbursement.
Section 3.04 CRA shall provide a request for final reimbursement to the COUNTY no later
than ninety (90) days following completion of the Project and provision of either a
Certificate of Occupancy or Project Completion Certification to the County.
Section 3.05 The County agrees to reimburse MUNICIPALITY/AGENCY an amount not
to exceed $100,000 for those approved pre-agreement costs accruing to the Project
subsequent to March 9, 1999, as more fully described in Exhibit "D", Cost Estimate and
Pre-Agreement Cost List.
Section 3.06 County shall reimburse project costs only after CRA has expended its share
of project funding in its entirety.
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY.
The COUNTY shall not be required to pay MUNICIPALITY or CRA any additional funds
for any other capital improvement required by or of MUNICIPALITY or CRA.
Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority
and financial ability to operate and maintain said Project subject to the terms set forth in
Section 4.05. MUNICIPALITY shall be responsible for all costs, expenses, fees and
charges, and liability related to the operation and maintenance of the Project.
Section 4.03 MUNICIPALITY shall operate and maintain the Project for~ its intended use
by the general public for a term of thirty (30) years from the execution of this Interlocal
Agreement by the parties hereto subject to the terms set forth in Section 4.05.
MUNICIPALITY shall maintain the Project in accordance with industry standards for such
facilities to prevent undue deterioration and to encourage public use.
Section 4.04 The rights and duties adsing under this lnterlocal Agreement shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and
assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest
hereunder except as provided for under Section 4.05 without the express prior written
consent of the COUNTY.
Section 4.05 It is the intent of COUNTY to issue this funding assistance to CRA for the
purpose set forth hereinabove. In the event MUNICIPALITY transfers ownership of the
Project to a party or parties not now a part of this Intertocal Agreement, other than another
governmental entity that agrees to assume, in writing, MUNICIPALITY's obligations
5
hereunder, COUNTY retains the right to reimbursement from MUNICIPALITY for its
participation to the full extent of the funding assistance awarded to accomplish the Project.
Should MUNICIPALITY transfer management and operation of the project to a party or
parties not now a part of this Interlocal Agreement, except to Expanding and Preservin9 Our
Cultural Heritage, Inc. (EPOCH), MUNICIPALITY shall continue to be responsible for the
liabilities and obligations as set forth herein. Further, MUNICIPALITY shall not transfer
operational management of the Project to a third party other than CRA or EPOCH without
the written consent of the COUNTY.
ARTICLE 5: USE OF THE PROJECT
Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or
cultural purpose and be open to and benefit all residents of Palm Beach County and shall
be available thereto on the same cost and availability basis as to residents of
MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex,
national origin, age, disability, religion, ancestry, marital status or sexual orientation with
respect to use of the Project.
Section 5.02 The term of this Interlocal Agreement shall be for a pedod of thirty (30) years
commencing upon the date of execution of this Intedocal Agreement by the parties hereto.
MUNICIPALITY shall restrict its use of the Project to recreational, cultural, educational,
civic, community and social purposes only unless otherwise agreed to in writing by the
parties hereto.
Section 5.03 CRA shall affix a permanent plaque or marker in a prominent location at the
completed Project indicating that the COUNTY was a contributor to the deyelopment of the
Project. Said plaque or marker shall include the County seal and a list of County
Commissioners, unless otherwise directed by the COUNTY's Representative.
ARTICLE 6: ACCESS AND AUDITS
CRA shall maintain adequate records to justify all charges, expenses, and costs incurred
in estimating and performing the design and construction of the Project for at least five (5)
years after the end of the fiscal year in which the final payment is released by the COUNTY,
except that such records shall be retained by CRA until final resolution of matters resulting
from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year
period. The COUNTY reserves the right, upon reasonable request and during normal
business hours, to inspect said Project and shall have access to such books, records, and
documents as required in this section for the purpose of inspection or audit.
ARTICLE 7: NOTICES
Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and
hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be
addressed to the following:
As to the COUNTY:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, FL 33461
As to MUNICIPALITY:
City Manager
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FI 33444
As to CRA:
Executive Director
24 N. Swinton Avenue
Delray Beach, FI 33444
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE
The COUNTY may terminate this Intedocal Agreement upon written notice to
MUNICIPALITY and CRA for non-compliance by MUNICIPALITY and/or CRA in the
performance of any of the terms and conditions as set forth herein and where
MUNICIPALITY does not cure said non-compliance within ninety (90) days of receipt of
written notice from the COUNTY to do so. Further, if MUNICIPALITY does not cure said
non-compliance within the time frame specified above, then upon written notice, the
COUNTY may require MUNICIPALITY to reimburse any funds provided to MUNICIPALITY
and/or CRA pursuant to this Interlocal Agreement either in whole or in part once the
COUNTY has reasonably determined that no other remedy is available.
ARTICLE 9: REMEDIES
This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the Interlocal Agreement will 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 hereafter 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. The parties hereto
may pursue any and all actions available under law to enforce this Interlocal Agreement
including, but not limited to, actions adsing from the breach of any provision set forth herein.
ARTICLE 10: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County.
ARTICLE 1'1: INDEMNIFICATION
MUNICIPALITY shall indemnify, defend, and hold harmless COUNTY against any actions,
claims, or damages arising out of MUNICIPALITY's negligence in connection with this
Intedocal 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
County for the County's negligent acts or omissions.
It is understood and agreed that CRA is merely a recipient of County funding and is an
independent contractor and is not an agent, servant or employee of COUNTY or its Board
of County Commissioners. In the event a claim or lawsuit is brought against COUNTY or
any of its officers, agents or employees CRA shall indemnify, save and hold harmless and
defend the COUNTY, its officers, agents, and/or employees from and against any and all
claims, liabilities, losses, judgments and/or causes of action of any type arriving out of or
relating to any intentibnal or negligent act or omission of CRA, its agents, servants and/or
employees in the performance of this Agreement.
ARTICLE 12: INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, the MUNICIPALITY acknowledges to be self-insured for General Liability under
Florida sovereign immunity statutes with coverage limits of $100,000 per person and
$200,000 per occurrence; or such monetary waiver limits that may change and be set forth
by the legislature.
The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation
and Employer's Liability insurance in accordance with Chapter 440, Florida Statutes.
The CRA agrees to maintain property insurance, which would include builder's risk
insurance while the project is in the course of construction in an amount at least equal to
the estimated completed project value as well as subsequent modifications of that sum;
thereafter, the Municipality shall have Ali-Risk property insurance for adequate limits based
on the MUNICIPALITY or CRA'S replacement cost for the perils of either fire, wind, or flood.
MUNICIPALITY shall agree to be fully responsible for any deductible or self-insured
retention up to &75,000 per occurrence.
The MUNICIPALITY and CRA shall agree to provide a statement or Certificate of Insurance
evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY
agrees to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY or CRA of its
liability and obligations under this Interlocal Agreement.
ARTICLE 13: CAPTIONS
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
ARTICLE 14: SEVERABILITY
If any term or provision of this Interlocal Agreement, or the application thereof to any person
or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this
Interlocal Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Interlocal Agreement.shall be deemed
valid and enforceable to the extent permitted by law.
ARTICLE 15: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding between the COUNTY and
MUNICIPALITY and CRA, and supersedes all other negotiations, representations or
agreements, either written or oral, relating to this Interlocal Agreement. None of the
provisions, terms and conditions contained in this Interlocal Agreement may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto.
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
ATTEST:
DOROTHY H. WILKEN, CLERK
By:
Deputy Clerk
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Chair
ATTEST:
CITY OF DELRAY BEACH
By:
Clerk
By:
Mayor
WITNESSES:
CITY OF DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
Tax I.D. #
By:
Name (Type or Print)
Title:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attomey
By:
Signature
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Municipality Attorney
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
CRA Attorney
lO
LIST OF EXHIBITS
EXHIBIT a
EXHIBIT B
EXHIBIT C
EXHIBIT D
Project Description and Conceptual Site Plan
Legal Description of Property
Contract Payment Request Form (Page I of 2)and
Contractual Services Purchase Schedule Form) (Page 2 of 2)
Cost Estimate and Pre-Agreement Costs List
11
l
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
EXHIBIT C
G~n~e
(Project)
Request Date
Billing #
Billing Period
Item
Consulting Services
Contractual Services
~4aterials, Supplies, Direct Purchases
~rantee Stock
:.quipment, Furniture
FOTAL PROJECT COSTS
Zertification: I hereby certify that the above
vere incurred for the work identified as being
~ccomplished in the attached progress reports.
PROJECT PAYMENT SUMMARY
Proiect Costs Cumulative
This Billing Project Costs
Total
Project Costs
Certification: I hereby certify that the documen-
tation has been maintained as required to support
the project expenses reported above and is avail-
able for audit upon request.
~dministratodOate
Financial Officer/Date '
PBC USE ONLY
County Funding Participation
Total Project Cost
Total project costs to date
County obligation to date
County retainage ( %)
County funds previously disbursed
County funds due this billing
$
S.
$.
(
(
$.
?eviewed and Approved by:
PBC Project AdministratodDate
Department DirectodDate
-':' - 1 OF2
~<z<
t
General Conditions
EXHIBIT "D"
Cost Estimate & Pre-Agreement Cost List for
Solomon D. Spady Museum Renovation Phase ! Project
Landscape & IrrigaUon
Driveways & Sidewalks
Fencing
Elevator Tower & Stairs
Interior & Exterior Carpentry
Roofing & Insulation
Doors & Windows
Partitions & Drywall
Flooring
Painting
Cabinets & Counter Tops
Appliances
Window Coverings
Lift
Plumbing
Heating, Ventilation, & Air Conditioning
Fire Sprinklers
Electrical
Construction Manager
Architect
Total
All of the above costs are potentially pre-agreement costs.
$ 15,525
15,000
22,717
9,600
25,170
12,500
7,470
16,226
2O,987
10,000
7,500
4,000
· 3,000
2,000
17,691
7,896
10,218
I0,000
35,000
59,500
18,000
$ 330,000
MANAGEMENT AGREEMENT BETWEEN THE
CITY OF DELRAY BEACH AND EPOCH FOR THE
SPADY MULTI-CULTRUAL MUSEUM PROPERTY
THIS AGREEMENT, made and entered into at Delray Beach, Florida, on the ] day
~ot~ 7
of "~4~//~ 0 ,--2,000,~Sy-and between the CITY OF DELRAY BEACH, a Florida municipal
corporation, hereinafter referred to as the "City" and EXPANDING AND PRESERVING OUR
CULTRUAL HERITAGE, INC., a Florida not for profit corporation, hereinafter referred to as
"EPOCH".
WHEREAS, the City has fee simple ownership of the Spady House property which is to
be restored and converted into a multi-cultural center to provide educational, cultural,
recreational and certain governmental activities; and,
WHEREAS, EPOCH was organized under the laws of the State of Florida, as a not-for-
profit corporation for a number of purposes including leasing, restoring;, developing and
operating the cultural center; and
WHEREAS, the City and EPOCH desire to confirm and clarify the organizational,
operational and oversight procedures as to EPOCH's responsibility for operation of the facility,
including, but not limited to the establishment of budgets, the submission of state and federal
grants, the solicitation of private grants and donations, the determination and establishment of
programs by EPOCH and the maintenance of the interior improvements by EPOCH; and to
clarify the procedures regarding maintenance of the exterior site by the City, pursuant to the
lease.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS,
STIPULATIONS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE
AS FOLLOWS:
The above "Whereas" clauses are true and correct and are incorporated herein by
reference.
2.
Board of Directors. EPOCH shall be governed by the voting members of the
Board of Directors. The Board of Directors shall be selected and perform all duties and
responsibilities pursuant to the Articles of Incorporation and By-laws of EPOCH as they now
exist or as they may be amended fi.om time to time.
3. Subcommittees. The Board of Directors of EPOCH shall be empowered to
establish such committees as deemed necessary per the Articles of Incorporation and By-laws of
EPOCH as they now exist or as they may be amended from time to time.
4. Director. EPOCH shall have an Executive Director or equivalent (hereinafter
called "Director"). The Director shall manage administer the operation of the facilities. All
activities of the Director shall be subject to the review, policies, procedures and approval of the
Board of Directors of EPOCH (hereinafter referred to as "Board of Directors").
5. Personnel and Services. EPOCH, through its Board of Directors, shall have
sole discretion over the employment of full and part-time staff, including the employment of the
Executive Director and all ancillary staff. EPOCH shall be responsible for providing all
personnel required to carry out its activities, except as may be voluntarily provided by the City.
EPOCH will provide the City with adequate notice of need for City assistance to carry out their
responsibilities. The City shall have the right, upon reasonable prior written notice, to schedule
meetings or events as space is available at no rental charge to the City. The City will assume set
up and clean up responsibilities for City events or meetings.
6. Contact Person. EPOCH shall designate the Director and a board member to
serve as a liaison between EPOCH and the City. The City shall designate an Assistant City
Manager, or other such designee of the City Manager as the City's contact person. The City
Manager shall notify EPOCH in writing, of such appointment. City's designee shall have the
option of attending the meeting and shall receive written notice of meetings of the Board of
Directors.
7. Management. The Board of Directors, either itself or through various
committees, shall be responsible for:
(a) Financial affairs which shall include, but not be limited to, proposed
budgets, expenses, membership income, donations, grants, and subsidies and City financial
support. -
(b) Property Management which shall include, but not be limited to, matters
relating to upkeep, repairs, capital improvements, security, interior maintenance, alterations,
restoration and renovation or any other such changes to the buildings. Property Management
matters constituting major repairs, capital improvements, restorations and renovations must have
prior approval of the City.
(c) Programming matters, including exhibits as well as coordinating and
scheduling the use of the facilities by other artistic and cultural organizations, community or
civic groups and governmental bodies, etc. EPOCH shall present to the City a list of projected
3
program uses of the facilities each year along with a copy of EPOCH's budget for each fiscal
year.
(d)
(e)
(0
Fund raising from both public and private sources.
Submission of applications of grants.
Management, maintenance, and operation of the property to the extent
required under the lease with the City.
(g) Employment of all personnel.
8. Program Execution. The projected program uses approved by the Board of
Directors and shall be executed by the Director or by the staff of EPOCH under the supervision
of the Director.
9. Pro,[eet Administration.
(a) The Delray Beach Community Redevelopment Agency (CRA) is the
Project Administrator for the historic restoration pursuant to that certain interlocal agreement
between the CRA and the City and between the CRA, Palm Beach County and the City attached
hereto as Appendices "A" and "B", respectively. Pursuant to Appendices "A" and "B", EPOCH
shall therefore, to the extent not reserved to the CRA under Appendices "A" and "B" and after
the expiration thereof as such, shall have the following authority:
(1) Act as owner between all consultants, architects, engineers, and
contractors for the project;
(2) Develop and manage all fund-raising campaigns for the capital
campaign and annual sustaining funds;
(3) Develop and manage all grant proposals (City, County, State,
Corporate and Foundations) with annual reporting to the City as may be required by grants;
(4) Develop all design documents in conjunction with the architects of
record;
record,
(5) Develop site landscaping design with the landscape architect of
(6) Have contractual authority to use outside independent consultants
for design development (i.e. theatre consultants);
(b) EPOCH shall abide by all applicable Florida, state and municipal laws,
ordinances, rules and regulations.
10. Grounds and Building Operations. The grounds and building operations and
maintenance shall be as set forth in the lease.
11. Budget. The Director, in consultation with the Board of Directors and in
any established financial committee, shall be responsible for recommending a proposed budget
to the Board of Directors which will set forth, in a detailed form, all anticipated income and
expenses.
(a) The Director shall be responsible for the administration of the budget
subject to oversight by the appropriate committees.
(b) A copy of the approved annual budget (both capital and operating) shall be
submitted to the City by May 1st of each year where the City is a co-applicant or applicant for
grant funds.. The budget shall delineate sources of revenues and expense items and shall show
prior year actual expenses and revenues as of April 1st of each year.
(c) EPOCH shall provide to the City an Annual Financial Report audited by
a certified public accountant with an opinion based upon the audit. This audited report shall be
furnished each year within one hundred and twenty (120) days of the close of EPOCH's fiscal
year. EPOCH may request that the City Commission waive the requirement to provide a
certified audit. The City Commission may approve or deny the requested waiver.
(d) EPOCH shall make all requests for funding of money from the City, or
for a contribution of services or materials from the City within the City's budget deadlines,
except for unforeseen and unanticipated matters.
(e) There shall be no commitment as to City funds or assistance until the
annual budget of the City has been approved by the City Commission of the City of Delray
Beach.
(f) EPOCH shall have prime responsibility for obtaining funds for the budget
from members, fund raising events, private grants, private donations and lacal and state and
federal government sources. The City agrees to cooperate and reasonably assist EPOCH in
obtaining funds in the form of grants and subsidies by reasonably prompt execution of
documents required to obtain grants and subsidies.
(g) EPOCH shall provide the City quarterly accounting of the revenues and
disbursements of any and all funds including grant funds, received or disbursed by EPOCH if
EPOCH is required by grants to provide such accounting.
(h) In addition to the certified audit requirements above, EPOCH shall
provide to the City of Delray Beach, an annual compliance audit of any and all grant funds
received expressly for the cultural center.
(i) EPOCH
documentation, to include, but not be limited to:
related correspondence.
12. Financial Provisions.
shall make available to the City copies of all Grant related
applications, approvals, agreements, audits and
(a) Fiscal year. EPOCH shall establish a fiscal year which coincides with its
by-laws and articles of incorporation.
(b) General Financial Provision.
(1) EPOCH shall have the authority to establish necessary banking
accounts in its own name and to make cash disbursements.
(c) The City shall, at all times, have the fight to audit all records of EPOCH.
EPOCH will comply with the same records retention regulations as prescribed by the State of
Florida.
13. Admissions and Charges. The Board of Directors shall be empowered to
establish and collect admission prices and charges.
14. Term of Agreement. The term of this Agreement shall be until such time as the
lease shall terminate. However, this Management Agreement shall be reviewed annually by the
parties hereto.
15. Modification. No amendment or modification to this Agreement shall be
effective unless in writing and signed by each of the parties hereto.
16. Conflicts. To the extent that there may be any express conflicts with the terms
and conditions of the Lease Agreement, the terms and conditions of the Management Agreement
shall prevail.
7
17. Liability. No contract executed by EPOCH for any obligation incurred by
EPOCH shall be binding upon the City, unless specifically approved by the City Commission of
the City of Delray Beach. Whenever City funds appropriated to EPOCH for the cultural center
are to be expended, the Board of Directors shall comply with the formal bid requirements of the
City.
18. Encumbrances. EPOCH shall not be authorized to mortgage, or otherwise
impair or encumber the title to the property as such is described in the Lease Agreement.
19. Assignment. This Agreement may not be assigned without the written consent of
the parties hereto.
20. Laws~ Rules and Ordinances. EPOCH shall be governed and follow all
applicable Laws, Rules and Regulations.
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORDA
By:
David Schmidt, Mayor
City Attorney
EXPANDING AND PRESERVING OUR
CULTURAL HERITAGE, INC.
~ .'~'~='--"~ ~~------~--~- ' By:
STATE OF FLOR_IDA
The foregoing instrument was acknowledged before me this ]/ day of
~fl~'~/~ , 2000 by ~*( -~ ~t .~aj/~ (n~e of officer or agent, title of
oCHcer or agent) of ~n~,'% ,~ ~ ,'~/, W~? ~/~n~e o~ co~orauo~-ac~ow~eagmgj, a
~0- (state or place of inco~oration) co~oration, on behalf of the co~oration.
I
He/She is personally ~own to me or has produced (t~e of
identification) as identification.
Silage of Not~ Public - State
of Flohda
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH, FLORIDA
AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT, is made and entered into by and between the CITY OF
DELRAY BEACH, FLORIDA, (the "City") and the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY (the "CRA').
WI 7NE S SETH:
WHEREAS, Florida Statutes Section 163.01 authorizes joint exercise of power or
authority which public agencies have in common and which each might exercise separately; and
WHEREAS, Florida Sta~tes Section 163.01(5) permits the joint exercise of powers
granted under Chapter 163 upon final adoption of an agreement by the governing bodies
involved; and
WHEREAS, the City has purchased property located at 170 N.W. 5th .Avenue, Delray
Beach, Florida (the "Property") for the purpose of leasing to a non-profit corporation, EPOCH
("EPOCH"), who will create a museum called The Solomon D. Spady Multi-Cultural Historic
Museum, herein called "Museum"; and
WHEREAS, the City intends to enter into a lease with EPOCH, for the Property for
thirty (30) years, during which time EPOCH will manage and operate the Museum; and
WHEREAS, the CRA has entered into an a~eement with EPOCH to provide
management services for construction of the Museum and for the collection and distribution of
grant funds which will provide the monies necessary to renovate the Property; these activities
herein are called the "Project."
NOW, THEREFORE] in consicieration of the premises and mutual covenants
hereinafter contained, the parties do agree as follows:
I. The City and CRA agree that the above recitations are true and correct and are
incorporated herein by reference.
2. The City grants the CRA permission to provide improvements to the Property
including the renovation of the Museum as well as the placement of an historic house on the
property as described in the site plan attached hereto and more fully described as Exhibit "A".
3. The City, upon written request, may inspect all documents pertaining to the
Project, and the CRA shall permit representatives of the City to be present at any time during
project construction.
4. The CRA will obtain all necessary services for the Project, including, but not
limited to, design, bidding, contract preparation, and contract administration in accordance with
all applicable state and local laws and reg. u. lati. ons. ,
5. The CRA will obtain or provide all labor and materials necessary for the
construction of the Project within the budget set forth in Exhibit "B".
6. The CRA will obtain and comply with all necessary permits, approvals, and
authorization required for the construction of the Project from any federal, state, regional, county
or city agency.
7. The CRA shall abide by all applicable terms and conditions of the Interlocal
Agreement between Palm Beach County, the City of Delray Beach, and the Delray Beach
Community Redevelopment Agency for the funding.
2
8. The CRA and the City agree that no person shall, on the grounds of race, color,
sex, national original, handicap, or religion be excluded from the benefits of, or be subjected to
any form of discrimination under any activity carried out by the performance of this Agreement.
9. By entering into this Interlocal Agreement, the CRA and City represent that each
has full fight and lawful authority to enter into and perform this Agreement. The validity,
interpretation, construction, and effect of this Agreement shall be in accordance with and
governed by the laws of the State of Florida. In the event any provision hereof is determined to
be unenforceable or invalid, such enforceability or invalidity shall not affect the remaining
provisions of the Agreement, which shall remain in full force and effect to that extent, this
Agreement is deemed severable.
10. This Agreement, including attachments hereto, constitutes the entire Agreement
between the parties, and shall supersede and replace all prior Agreements or understandings,
written or oral, relating to the matter set forth herein.
I 1. This Agreement may be amended or modified only by written addendum or
amendment signed by the parties and authorized by their respective elected official.
12. This Agreement shall be effective on the date executed by the City Commission
of the City of Delray Beach and shall remain in force until the CRA completes the contemplated
work as described in the plans and specifications shown in Exhibit "C".
13. This Agreement shall be recorded in the records of the Board of the Community
Redevelopment Agency and in the records of the City.
14. All notices required or allowed by this Agreement shall be delivered in person or
mailed by certified mail, return receipt requested, postage paid to the party upon whom such
notice is noted:
CITY OF DELRAY BEACH:
With a copy to:
CRA
With a copy to:
City Manager
100 N.W. 1 ~t Avenue
Delray Beach, FL 33444
Susan A. Ruby, Esq.
200 N.W. Ist Avenue
Delray Beach, FL 33444
Office of the Executive Director
Delray Beach CRA
24 North Swinton Avenue
Delray Beach, FL 33444
Robert W. Federspie[, Esq.
151 N.W. 1 st Avenue
Delray Beach, FL 33444
IN WITNESS WIClEREOF, the parties hereunto have executed this Agreement to the
dates set forth below.
ATTEST:
By:
City Clerk
Approved as to Form and Legal Sufficiency:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Date:
Susan A. Ruby, City Attorney
ATTEST:
By:
Secretary
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Chairman
Approved as to Form and Legal Sufficiency:
Robert W. Federspiel, CRA Attomey
Date:
Exhibit A
Lots 5 and 6 and the North 26.25 feet of Lot 7, Melvin Burds Subdivision of
the North half of Block 19, shown on the Map of Town of Linton (now Delray
Beach), according to the map or plat thereof as recorded in Plat Book 11, Page
73 of the Public Records of Palm Beach County, Florida.
Together with
The South 12 feet of Lot 7 and all of Lot 8, Melvin Burds Subdivision of the
North half of Block 19, shown on the map of Town of Linton (now Delray
Beach), according to the map or plat thereof as recorded in Plat Book 11, Page
73 of the Public Records of Palm Beach County, Florida.
Both of the parcels described above are subject to: Easements, reservations and
restrictions of record and all zoning ordinances and regulations imposed by
governmental authorities.
PROJECT: ISPADY HOUSE
ADOREa,3: 1T0 NW 5TH l'
10(] GENERAL CONDITIONS
~ndenng$
enwronmental studies
;1hal cleamng
~.c;u~pment rental
-ntsc expenses
;rolect closeaut
{300(
4000
1200~
BiOS
CONTRACT
AWARO.S SUBCONTRACTOR
900 900 ELIOPQULO5
1195
1SOO
4000
1200
1,195
ENTEK
CAMILUCC(
;~gns J 375 j 375 375
~ey J 400 t 400'
ence removal 550 550 Randolph & Dewdney
sso)
795 795
,
I
emp fence
795
~Iueonnts j 3000 ! ,777
emp to,let £J,3 ) 280
emp. ut)htles 600 ) 600
emp electric
_~m~. water meter
'ash removal
)rlT~lte
145
370
1,200
3,000
5.610
1,200
370.
I 1200
t 3Goal
1200l
145
370
~terior demo
oatement
5,610
1,200
u mpster 2400 } 2.400
FENCE BUILDER
FLORIDA POWER & LIGHT
CITY OF OELRAY
00 SITEWORK
ear and grade
xcavating
dewalks
~rki,ng lot design
-weway
gate across drive
WALL TO WALL
AZTEC ABATEMENT, INC.
J 1400 { 1,400
6,714 _
675
14.603
6714!
675l
o p$/std pes/cu r~s
ndscape/i~gation
~.cjng - c~aln link
Jbtotal
.0 CONCRETE
) 500)
500
150001 I 15,000
~btor~ml
25341 } 2.534
575
5O0
2.534
3,709
13,380
1338Cl) I 13,380
ELIOPOULOS
JFENCE BUILDER
FENCE BUILDER
RANDOLPH & OEWDNEY
0 MASONRY
;ck
:cco
btotal
13380j
7990
7e9o
J 1~380
13,380
7,990
{
,ngs j 3800) i 3,800
metals J
btotal
) WOODS / PLASTICS
Il
I!
3,800
2,500
ro'ugrr c.a?en~ry
hmst~ c:~¢pentry
mdlwork '
Subtotal
TOO THERMAL
~nsutatlon
, roofing
caulking
Subtotal
800 DOORS
ex'tenor door~
intedo¢ doors
shding
fixed glass
,virldows
Subtotal
900 FINISHES
Jr'ywal[
~coustical ceiling
wall tile
:arpet
rood/vinyl floonng
~a,ntmq
valloaoer
;ubtotal
SPECIALITIES
,belying
;utter~
to?m shutters
~allbox
restooing
re extinguisher
~cket fencing
ubtotal
100 EQUIPMENT
-~cunty
ubtotal
II
II
I,I
fl
II
6,500
3.500
12.5o0
3.000
4,470
7,470
2500
esot,It
3500
12500
3000
447(
7470
1600
2500
1 200
15000
195
20492
20987,
10000
1000(
7500)
1
15000
140
3600
18740
300
300
3000
3000~,
2000
85oot
1.600
2.500
1,200
15.000
195
Z0,495
20,987
10.000
1,000
7,500j 7.500
39,487 28,487
4,470 ALLEN J
4,470
20,987 i RCE~
MORRIS
15,000 ....
140
3.600 3,600 FENCE BUILDER
18,740 3,600
300
300
t
!00 FIXTURES I I
~0mets I 3,000 J
3,000
500
3~31iances
]na~e
,nd$
Jbtotal
ELEVATORS
2.000
8,500
F, uol:ota!
1400 MECHANICAL
plum.brag
~v ac
sewer/water exterior
fire s0nnklecs
Subtotal
1500 ELECTRICAL
eiectncsI
lig~tmg/fafls
tele0honelcommunlcation$subtotal
SUB TOTAL OF ALL DIVISIONS
Construction Manager
Acct3imct I
17.69~
! t { 17691[
,' lo2181
allowance 30(]0
t .
{ _. 31395
31395I
280,808
59=c~t
17,691
17.691
17,691
%,a96 { 4,896
10,218{ 10.218
3,000 ,L
1,000 J. 1,0GO
1 O, OOO
}
I 29,11& t 16,114
31.395 } 31,395
31,395 { 31,395
280,808 { 1 31,763
59,500 { 59,500
1 B,O00 t
18,OOO t
,~mEcr cost } { 358,308 20g,252{
oNr~/voE~c~' 41,592 190, 7'37'
3TAL PROJECT COSTS
THYSSEN MIAMI ELEV
~ ELIOPOULOS
LEDS~iT'ER
'
~,~-~' ;~-, ................ ""'-~ I,--~' ................ ,r ' ' ........................ ',~ ' ................. ,- :~ '~ti !'''~.'i~'':
' ~ L.J -,~;_ ,, " . rr ~ 'L-r,, '' '
~::" J ,L~' if' f:-r ......... :; ', ~i ,~ .'~ ,
¢ ' "~ I -'~ :' ','x.:~-i ~,, .:~.'- : -'!,~
: .~--', lift?l( = ,,. a ' "-.'---"~ .~i';, ......... ?---,
: l.,~ "LIIH .~-'-~-~ I I :
:l ' I : I I
. ~ ....
!
i I, I, II IZl
'1
!
l!;l
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY,
THE CITY OF DELRAY BEACH, AND THE CITY OF DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY FOR FUNDING FOR THE RENOVATION OF THE
SOLOMON D. SPADY MULTI-CULTURAL MUSEUM
THIS INTERLOCAL AGREEMENT is made and entered into this day of
,2000, by and between PALM BEACH COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY", DELRAY BEACH, a Florida
Municipal Corporation, hereinafter referred to as "MUNICIPALITY", and THE DELRAY
BEACH COMMUNITY REDEVELQPMENT AGENCY, a political subdivision established
pursuant to Florida Statutes, section 163, Part III, hereinafter referred to as "CRA".
WITNESSETH:
WHEREAS, MUNICIPALITY owns property located at 170 N.W. 5"' Avenue
in Delray Beach; and
WHEREAS, MUNICIPALITY intends to lease said property to Expanding and
Preserving Our Cultural Heritage, Inc. (EPOCH); and
WHEREAS, MUNICIPALITY has designated CRA by Intedocal Agreement as the
Project Manager under this Agreement; and
WHEREAS, CRA desires to construct the Renovation of the Sol6mon D. Spady
Multi-Cultural Museum, hereinafter referred to as "the Project" at said location; and
WHEREAS, CRA has asked COUNTY to financially participate in the construction
of said project; and
WHEREAS, on March 9, 1999, a bond referendum was passed by the voters of
Palm Beach County for the issuance of general obligation bonds for the purpose of
financing the acquisition, construction, and/or improvements to certain recreation and
cultural facilities, in the principal amount of $25 Million; and
WHEREAS, on July 27, 1999, COUNTY approved a recreation and cultural facilities
project list and proposed funding allocations for the $25 Million Recreation and Cultural
Facilities Bond; and
WHEREAS, the Project represents one such recreation/cultural project enumerated
in the. S25 Million Recreation and Cultural Facilities Bond; and
APPH4DIX "B"
WHEREAS, MUNICIPALITY and/or its designee, EPOCH, desires to operate and
maintain the Project upon its completion; and
WHEREAS, the Project shall be open to and benefit all residents of Palm Beach
County; and
WHEREAS, Section 163.01, Flodda Statutes, permits public agencies to enter into
Interlocal Agreements with each other to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and
WHEREAS, all parties desire to increase the recreational and cultural opportunities
for residents of Palm Beach County and to enter into this Interlocal Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated herein as
if fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and
cultural opportunities for use by the public and thereby provide a mechanism for the
COUNTY to assist CRA in the funding of the Project.
Section 1.03 COUNTY will pay to CRA a total amount not to exceed $~00,000'for the
construction of the Project as more fully described in the Project Description and
Conceptual Site Plan attached hereto and made a part hereof as Exhibit "A".
Section 1.04 CRA agrees to provide funding in an amount of $230,000 or greater to
complete the Project.
Section 1.05 COUNTY's representative dudng the construction of the Project shall be the
Director of Parks and Recreation, Palm Beach County Parks and Recreation Department,
telephone no. (561) 966-6685. CRA's representative during the construction of the Project
shall be Christopher J. Brown, Executive Director, Delray Beach Community
Redevelopment Agency, telephone no. (561)276-8640.
Section 1.06 CRA shall construct the Project upon property owned by MUNICIPALITY
as more fully described in Exhibit "B" attached hereto and made a part hereof.
Section 1.07 CRA shall utilize its procurement process for all construction services required
for the Project. Said procurement process shall be consistent with all federal, state and
local laws, rules and regulations. COUNTY shall have no contractual obligation to any
person retained by CRA with regard to the Project. Any dispute, claim, or liability that may
arise as a result of CRA's procurement is solely the responsibility of CRA and CRA
hereby holds the COUNTY harmless for same to the extent permitted by law and subject
to the limitations of Section 768.28, Florida Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 CRA shall be responsible for the design and construction of the Project.
CRA shall design and construct the Project in accordance with Exhibit "A" (Project
Description and Conceptual Site Plan), attached hereto and made a part hereof, and with
all applicable federal, state and local laws, rules and regulations.
Section 2.02 Prior to or upon execution of this Intedocal Agreement by the parties hereto,
CRA shall initiate its procurement process to select the necessary professional engineer
and/or architect to perform all engineering and/or architectural design work, including, but
not limited to, the preparation of plans, permits and specifications necessary for the design
and construction of the Project.
Section 2.03 CRA shall provide a copy of the engineer's and/or architect's programming
phase documents (i.e., site plan, floor plan, elevations, etc.) to the COUNTY's
Representative for review. The COUNTY's Representative shall review said programming
phase documents to ensure consistency with the intent of this Interlocal Agreement.
Section 2.04 CRA shall be responsible for securing all permits and approvals necessary
to construct the Project.
Section 2.05 Prior to CRA commencing construction of the Project, CRA shall provide
a copy of all plans and specifications along with the associated costs thereof to the
COUNTY's Representative for review of same to ensure consistency with the intent of this
Interlocal Agreement.
Section 2.06 CRA agrees to totally complete the Project and open same to the public for
its intended use within thirty six (36) months from the date of execution of this Interlocal
Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90)
days prior to that date, CRA may request an extension beyond this period for the purpose
of completing the Project. COUNTY shall not unreasonably deny CRA's request for said
extension.
Section 2.07 CRA shall submit quarterly project status reports to the COUNTY's
Representative on or before January 10, April 10, July 10, and October 10 during the
design and construction of the Project. These Quarterly reports shall include but not be
limited to, a summary of the work accomplished, problems encountered, percentage of
completion, and other information as deemed appropriate by the COUNTY's
Representative.
ARTICLE 3: FUNDING
Section 3.01 The total not to'exceed amount as set forth in Section 1.03 hereinabove shall
be paid by COUNTY to CRA on a reimbursable basis. Any costs incurred in connection
with the Project in excess of that amount shall be the sole responsibility of CRA. Should
the total cost of the Project exceed the amount as projected by CRA, CRA shall
appropriate and expend the excess funds required for completion of the Project. The
COUNTY shall not dispense any funds to CRA for the Project until CRA has appropriated
and expended said excess funds for the Project.
Section 3.02 The COUNTY shall reimburse project costs under the terms of this
Agreement to CRA on a quarterly basis from the date of execution of this Interlocal
Agreement; however, should the need arise for CRA to be reimbursed on a more frequent
basis, then COUNTY will, at CRA's specific request for each instance, make its best efforts
to reimburse CRA within forty five (45) days of such special request. For each requested
payment, CRA shall provide to the COUNTY's Representative a fully.completed and
executed Contract Payment Request Form and a Contractual Services Purchase Schedule
Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include
information listing each invoice as paid by the CRA and shall include the vendor invoice
number; invoice date; and the amount paid by CRA along with the number and date of
the respective check for said payment. CRA shall attach a copy of each vendor invoice
paid by CRA along with a copy of each respective check and shall make reference thereof
to the applicable item listed on the Contractual Services Purchase Schedule Form.
Further, CRA's Project Administrator and Project Financial Officer shall certify the total
funds spent by CRA on the Project and shall also certify that each vendor invoice as listed
on the Contractual Services Purchase Schedule Form was paid by CRA as indicated.
Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount
allocated to CRA for the Project until CRA completes the Project and provides COUNTY
with either a Certificate of Occupancy or a Project Completion Certification as determined
by COUNTY, and the COUNTY receives and approves all documentation as required in
accordance with this Interlocal Agreement. The COUNTY's representative shall visit the
Project site to verify and approve said final reimbursement.
Section 3.04 CRA shall provide a request for final reimbursement to the COUNTY no later
than ninety (90) days following completion of the Project and provision of either a
Certificate of Occupancy or Project Completion Certk'"ication to the County.
Section 3.05 The County agrees to reimburse MUNICIPALITY/AGENCY an amount not
to exceed $100,000 for those approved pre-agreement costs accruing to the Project
subsequent to March 9, 1999, as more fully described in Exhibit "D", Cost Estimate and
Pre-Agreement Cost List.
Section 3.06 County shall reimburse project costs only after CRA has expended its share
of project funding in its entirety.
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY.
The COUNTY shall not be required to pay MUNICIPALITY or CRA any additional funds
for any other capital improvement required by or of MUNICIPALITY or CRA.
Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority
and financial ability to operate and maintain said Project subject to the terms set forth in
Section 4.05. MUNICIPALITY shall be responsible for all costs, expenses, fees and
charges, and liability related to the operation and maintenance of the Project.
Section 4.03 MUNICIPALITY shall operate and maintain the Project fo;' its intended use
by the general public for a term of thirty (30) years from the execution of this Interlocal
Agreement by the parties hereto subject to the terms set forth in Section 4.05.
MUNICIPALITY shall maintain the Project in accordance with industry standards for such
facilities to prevent undue deterioration and to encourage public use.
Section 4.04 The dghts and duties adsing under this Interlocal Agreement shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and
assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest
hereunder except as provided for under Section 4.05 without the express prior written
consent of the COUNTY.
Section 4.05 It is the intent of COUNTY to issue this funding assistance to CRA for the
purpose set forth hereinabove. In the event MUNICIPALITY transfers ownership of the
Project to a party or parties not now a part of this Interlocal Agreement, other than another
governmental entity that agrees to assume, in writing, MUNICIPALITY's obligations
5
hereunder, COUNTY retains the right to reimbursement from MUNICIPALITY for its
participation to the full extent of the funding assistance awarded to accomplish the Project.
Should MUNICIPALITY transfer management and operation of the project to a party or
parties not now a part of this Interlocal Agreement, except to Expanding and Preserving Our
Cultural Heritage, Inc. (EPOCH), MUNICIPALITY shall continue to be responsible for the
liabilities and obligations as set forth herein. Further, MUNICIPALITY shall not transfer
operational management of the Project to a third party other than CRA or EPOCH without
the written consent of the COUNTY.
ARTICLE 5: USE OF THE PROJECT
Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or
cultural purpose and be open to and Benefit all residents of Palm Beach County and shall
be available thereto on the same cost and availability basis as to residents of
MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex,
national origin, age, disability, religion, ancestry, marital status or sexual orientation with
respect to use of the Project.
Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30) years
commencing upon the date of execution of this Interlocal Agreement by the parties hereto.
MUNICIPALITY shall restrict its use of the Project to recreational, cultural, educational,
civic, community and social purposes only unless otherwise agreed to in writing by the
parties hereto.
Section 5.03 CRA shall affix a permanent plaque or marker in a prominent location at the
completed Project indicating that the COUNTY was a contributor to the development of the
Project. Said plaque or marker shall include the County seal and a list of County
Commissioners, unless otherwise directed by the COUNTY's Representative.
ARTICLE 6: ACCESS AND AUDITS
CRA shall maintain adequate records to justify all charges, expenses, and costs incurred
in estimating and performing the design and construction of the Project for at least five (5)
years after the end of the fiscal year in which the final payment is released by the COUNTY,
except that such records shall be retained by CRA until final resolution of matters resulting
from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year
period. The COUNTY reserves the right, upon reasonable request and during normal
business hours, to inspect said Project and shall have access to such books, records, and
documents as required in this section for the purpose of inspection or audit.
ARTICLE 7: NOTICES
Any notice given pursuant to the terms of this lnterlocal Agreement shall be in writing and
hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be
addressed to the following:
As to the COUNTY:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
270.0 Sixth Avenue South
Lake Worth, FL 33461
As to MUNICIPALITY:
City Manager
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FI 33444
As to CRA:
Executive Director
24 N. Swinton Avenue
Delray Beach, FI 33444
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE~
The COUNTY may terminate this Interlocal Agreement upon written notice to
MUNICIPALITY and CRA for non-compliance by MUNICIPALITY and/or CRA in the
performance of any of the terms and conditions as set forth herein and where
MUNICIPALITY does not cure said non-compliance within ninety (90) days of receipt of
written notice from the COUNTY to do so. Further, if MUNICIPALITY does not cure said
non-compliance within the time frame specified above, then upon written notice, the
COUNTY may require MUNICIPALITY to reimburse any funds provided to MUNICIPALITY
and/or CRA pursuant to this Interlocal Agreement either in whole or in part once the
COUNTY has reasonably determined that no other remedy is available.
ARTICLE 9: REMEDIES
This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any
'7
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 hereafter 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. The parties hereto
may pursue any and all actions available under law to enforce this Interlocal Agreement
including, but not limited to, actions arising from the breach of any provision set forth herein.
ARTICLE 10: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County.
ARTICLE 11: INDEMNIFICATION
MUNICIPALITY shall indemnify, defend, and hold harmless COUNTY against any actions,
claims, or damages arising out of MUNICIPALITY's negligence in connection with this
Intedocal 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
County for the County's negligent acts or omissions.
It is understood and agreed that CRA is merely a recipient of County funding and is an
independent contractor and is not an agent, servant or employee of COUNTY or its Board
of County Commissioners. In the event a claim or lawsuit is brought against COUNTY or
any of its officers, agents or employees CRA shall indemnify, save and hold harmless and
defend the COUNTY, its officers, agents, and/or employees from and against any and all
claims, liabilities, losses, judgments and/or causes of action of any type arriving out of or
relating to any intentional or negligent act or omission of CRA, its agents, servants and/or
employees in the performance of this Agreement.
ARTICLE 12: INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, the MUNICIPALITY acknowledges to be self-insured for General Liability under
Florida sovereign immunity statutes with coverage limits of $100,000 per person and
$200,000 per occurrence; or such monetary waiver limits that may change and be set forth
by the legislature.
The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation
and Employer's Liability insurance in accordance with Chapter 440, Florida Statutes.
The CRA agrees to maintain property insurance, which would include builder's risk
insurance while the project is in the course of construction in an amount at least equal to
the estimated completed project value as well as subsequent modifications of that sum;
thereafter, the Municipality shall have Ali-Risk property insurance for adequate limits based
on the MUNICIPALITY or CRA'S replacement cost for the perils of either fire, wind, or flood.
MUNICIPALITY shall agree to be fully responsible for any deductible or self-insured
retention up to &75,000 per occurrence.
The MUNICIPALITY and CRA shall agree to provide a statement or Certificate of Insurance
evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY
agrees to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY or CRA of its
liability and obligations under this Interlocal Agreement.
ARTICLE 13: CAPTIONS
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
ARTICLE 14: SEVERABILITY
If any term or provision of this Intedocal Agreement, or the application thereof to any person
or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this
Interlocal Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Interlocal Agreement.shall be deemed
valid and enforceable to the extent permitted by law.
ARTICLE 15: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding between the COUNTY and
MUNICIPALITY and CRA, and supersedes all other negotiations, representations or
agreements, either written or oral, relating to this Interlocal Agreement. None of the
provisions, terms and conditions contained in this Interlocal Agreement may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto.
IN WITNESS WHEREOF, the parties have caused this Intedocal Agreement to be
executed on the day and year first above written.
ATTEST:
DOROTHY H. WILKEN, CLERK
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
By:
Chair
ATTEST:
CITY OF DELRAY BEACH
By:
Clerk
By:
Mayor
WITNESSES:
CITY OF DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
Tax I.D. #
By:
Name (Type or Print)
Title:
By:
Signature
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
By:
Municipality Attorney
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
CRA Attorney
lo
LIST OF EXHIBITS
EXHIBIT a
EXHIBIT B
EXHIBIT C
EXHIBIT D
Project Description and Conceptual Site Plan
Legal Description of Property
Contract Payment Request Form (Page I of 2)and
Contractual Services Purchase Schedule Form) (Page 2 of 2)
Cost Estimate and Pre-Agreement Costs List
LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
Project Description and Conceptual Site Plan
Legal Description of Property
Contract Payment Request Form (Page I of 2)and
Contractual Services Purchase Schedule Form) (Page 2 of 2)
Cost Estimate and Pre-Agreement Costs List
I
A.SSO<~AT~B. INC.
,md Oedgner,
F~NOVATION
TO THE E~OCH
SPADY H~
MUSEUM
PHASi~ I
116AIOO&
EXHIBIT "B"
Legal Description
Owner;
CITY OF DELRAY BEACH
100 nwlsr Avenue
Delray Beach, FL 33444
Description of the Property_:
Lots 5 and 6 and the North 26.25 feet of Lot 7, Melvin Burds Subdivision of the North half
of Block 19, shown on the map of Town of Linton (now Delray Beach), according to the
map or plat thereof as recorded in Plat Book 11, Page 73 of the Public Records of Palm
Beach County, Florida.
The South 12 feet of Lot 7 and all of Lot 8, Melvin Burds Subdivision of the North V2 of
Block 19, shown on map of Linton, according to the map or plat thereof as recorded in Plat
Book 11, Page 73 of the Public Records of Palm Beach County, Florida.
Names of persons within the State of Florida designated by owner upon whom notices or other
documents may be served:
CITY OF DELRAY BEACH
c/o City Attorney's Office
200 NW 1~ Avenue
Delray Beach, FL 33444
ATTENTION: Susan Ruby, Esq.
· · EXHIBIT C
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
.~rantee
(Project)
Request Date
Jilling #
Billing Period
tern
]onsulting Services
]ontractual Services
4aterials, Supplies, Direct Purchases
;rantee Stock
quipment, Furniture
OTAL PROJECT COSTS
;ertification: I hereby certify that the above
/ere incurred for the work identified as being
¢complished in the attached progress reports.
PROIECT PAYMENT SUMMARY
Project Costs Cumulative
This Billing Project Costs
Total
Project Costs
Certification: I hereby certify that the documen-
tation has been maintained as required to support
the project expenses reported above and is avail-
able for audit upon request.
,d ministrator/Date
Financial Officer/Date
PBC USE ONLY
County Funding Participation
Total Project Cost
Total project costs to date
County obligation to date
County retainage ( ,,%)
County funds previously disbursed
County funds due this billing
,~eviewed and Approved by:
PBC Project Administrator/Date
Department Director/Date
1OF2
EXHIBIT "D"
Cost Estimate & Pre-Agreement Cost List for
Solomon D. Spady Museum Renovation Phase I Project
General Conditions
Landscape & Irrigation
Driveways & Sidewalks
Fencing
Elevator Tower & Stairs
Interior & Exterior Carpentry
Roofing & Insulation
Doors & Windows
Partitions & Drywall
Flooring
Painting
Cabinets & Counter Tops
Appliances
Window Coverings
Lift
Plumbing
Heating, Ventilation, & Air Conditioning
Fire Sprinklers
Electrical
Construction Manager
Architect
Total
All of the above costs are potentially pre-agreement costs.
$15,525
15,000
22,717
9,600
25,170
12,500
7,470
16,226
20,987
10,000
7,500
4,000
. 3,000
2,000
17,691
7,896
10,218
10,000
35,000
59,500
18,000
$ 330,000
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~~ MANAGER
AGENDA ITEM ~/~ - REGULAR MEETING OF APRIL 17, 2001
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: APRIL 13, 2001
Attached is the Report of Appealable Land Use Items for the period April 2na through April 13,
2001. It informs the Commission of the various land use actions taken by the designated boards
that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
Ref~pagmemo/Appealables/04-17-01
CITY ~C~M~i$SI~N D0i~UMENTATION'~
TO:
THRU:
FROM:
SUBJECT:
DAVI~T. HARDEN, CITY MANAGER
/JASMIN ALLEN, PLANNER
MEETING OF APRIL 17, 2001 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS APRIL 2, 2001 THRU
APRIL 13, 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 April 2, 2001 through April
13, 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.
SITE PLANilREVIEW ANDApPEARANCE BOARD
Approved (7 to 0), a Class I site plan modification replacing the proposed arcade
fa(;ade with a storefront canopy at Pineapple Court, located on the west side of
Pineapple Grove Way, south of NE 2nd Street (162 Pineapple Grove Way).
Bo
Approved with conditions (5 to 0, Branning and Perez-Azua stepped down), a
Class II site plan modification, landscape plan and architectural elevation plan
associated with the addition of a trash compactor, screen wall and parking
reconfiguration for Creations of Delray Beach, located at the northeast corner
of Pineapple Grove Way and NE 1s~ Street (101 Pineapple Grove Way).
Concurrently, the Board approved a waiver to allow 12 parking spaces in a row
without an interior landscape island.
City Commission Documentation
Appealable Items Meeting of April 17, 2001
Page 2
Co
Approved with conditions (6 to 1, Sneiderman dissenting), a Class V site plan,
landscape plan and architectural elevation plan associated with the conversion of a
single family residence to a florist shop for Amazing Creations Florist, located on
the west side of SW 5th Avenue, south of West Atlantic Avenue (82 SVV 5th
Avenue). Concurrently, the Board approved an internal adjustment to allow a
reduction in the standard driveway aisle width from 20 feet to 9 feet. Also, the
Board reduced the perimeter landscape strip from 5' to 3' along the north
property line; allowed a varied landscape strip between 4' 4" to 0' along the south
property line; and, reduced the number of perimeter trees along the south property
line from 5 to 3 trees.
HISTORii~PRESERVATION BOARD MEETING OF:AP'~i['~;:~0~i': ,,, ~, i I
Approved with conditions (7 to 0), a Class III site plan modification, landscape plan
and Certificate of Appropriateness associated with the construction of a bandshell,
concession/restroom/sound and light building and loggia for Old School Square,
located at the northeast corner of East Atlantic Avenue and Swinton Avenue (51
North Swinton Avenue). The design elements related to the architectural
elevation plan was continued so that the applicant could consider additional
architectural details. Concurrently, the Board recommended that the City
Commission approve a waiver to increase the height of the bandshell from 35' to
38' 8".
The Board also granted variances reducing the required side yard setback from 15'
to 14' for the bandshell and from 15' to 0' for the concession/restroom/sound and
light building.
Approved (7 to 0), a request for a Certificate of Appropriateness to allow a change
in the exterior paint colors and driveway material for a non-contributing residence
located at 330 SE 7th Avenue.
No Regular Meeting of the Board was held during this period.
,,,, , .... RECOMMENDED,~A~Ti~N
By motion, receive and file this report.
Attachment:
· Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
APRIL 17, 2001
L-30 C4NAL
L.3~ ~
N W 2ND ST.
$.w 2ND ST
C-f5 CANAL
UNTON
S.P.R.A.B:
A. PINEAPPLE COURT
B. CREATIONS OF DELRA Y BEACH
C. AMAZING CREATIONS FLORIST
H.P.B.:
1. OLD SCHOOL SQUARE
2. 330 S.E. 7TH A VENUE
........ CITY LIMITS .........
ONE MILE
GRAPH/C 8CAL~
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2001
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~/CITY MANAGER
SUBJECT: AGENDA ITEM ~_., - REGULAR MEETING OF APRIL 17, 2001
AWARD OF BIDS AND CONTRACTS
DATE: APRIL 13, 2001
This is before the City Commission to approve the award of the following bids and contracts:
1. Bid award in the amount of $84,800.00 to Murray Logan for rehabilitation of Lift
Station #31. Funding is available in 442-5178-536-61.83 (Lift Station Conversion
to Submersible).
2. Purchase award in the total amount $24,772.00 to Southeastern Pumps for
submersible pumps as part of our preventative maintenance program. Funding is
available in 441-5144-536-46.20 (Equipment Maintenance).
3. Purchase award in the total amount of $27,725.60 to Hydro Pumps for two
hydrated lime pumps and related equipment. Funding is available in 441-5161-
536-64.90 (Other Machinery & Equipment).
4. Contract award in the total amount of $1,698,495.00 to Chaz Equipment, Inc. for
the Seacrest/Del Ida Neighborhood Improvements Phase II. Funding is available
in the amount of $828,673.00 from 334-3162-541-62.54 (General Project Fund);
$472,320.00 from 442-5178-536-65.03 (Water & Sewer); $134,000.00 from 448-
5461-538-65.03 (Drainage Project); $189,000.00 from 448-5461-538-65.20
(Drainage Project); $63,364.00 from 370-3162-541-65.43 (2000 Bond General);
and $11,138.00 from (2000 Bond Storm Water).
Recommend approval of the bid and contract awards listed above.
Ref:Bid. Agmemo.04-17-01
Agenda Item No. g'~' /
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: April 9, 2001
When: April 17, 2001
Description of item (who, what, where, how much): Staff requests
Commission Approval of a Bid award to Murray Logan Construction, Inc.
for Rehabilitation of Lift Station 31 in the amount of $84,800.00,
Funding is available from R&R Account #442-5178-536-61.83, Lift Station
conversion to submersible.
ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO
Recommendation: Staff recommends approval of Bid award to Murray Logan
Construction, Inc..
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available NO
Funding alternativL~b~'' (if applicable)
Account No. & Description
Account Balance
City Manager Review:
ApprovedHold Until:f°r agenda:~/NO~
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
: \\ESSRV002 \DEPARTMENTS\EngAdmmn\Pro] ect s \2001 \2001- 012 \OFFICIAL\logan. ag. 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
April 9, 2001
REHABILITATION OF LIFT STATION 31
PROJECT NUMBER 2001-012
Attached is an Agenda Request, location map and Tabulation of Bids opened on March 28, 2001
for construction of the subject project. The firm of Murray Logan Construction, Inc. is the apparent
lowest responsive bidder with a total proposal of $84,800.00.
Based on their proposal and satisfactory performance of past work in the City, we are
recommending award of the project to Murray Logan Construction, Inc. in the total amount of
$84,800.00. Funding will be from 442-5178-536-61.38, lift station conversion to submersible.
Please place the item on the April 17,2001 Agenda for consideration by City Commission.
CDB/cdb
Att:
CC:
Richard C. Hasko, Director of Environmental Services
Howard Wight, Deputy Director of Construction
City Clerk
Agenda File
I IESSR VO02 IDEPAR TMENTSIEngAdmtn IProjectsl200112001-012 IOFFICIALIIogan mem doc
Mobilizabon/General
1 Requirements 1 LS
2 As-Budt Record Drawings 1 LS
3 Lift Station No 31 1 LS
4 Indemnification 1 LS
Total Bid
Bid Tabulation
Rehabilitation of Lift Station 31
Project # 2001-012
unit price total unit price I total
unit price J total
$5,000.00 $5,000.00 $3,000.00 $3,000.00 $10,690.00 $10,690.00
$1,000.00 $1,000.00 $400.00 $400.00 $900.00 $900.00
$94,000 00 $94,000 00 $81,390.00 $81,390.0C $79,000 00 $79,000 00
$10 O0 $10 O0 $10.00 $10.00 $10.00 $10 O0
$100,010.00 $84,800.0~ $90,600.00
Mobilization/General
1 Requirements 1 LS
2 As-Built Record Drawings 1 LS
3 LiE Station No. 31 1 LS
4 Indemniflcabon 1 LS
Total Bid
unit price ~ total
unit price I total
unit price
total
$2,000.00 $2,000 O0 $26,495.00 $26,495.00
$1,000 O0 $1,000.00 $1,000.00 $1,000 O0
$88,380 O0 $88,380 O0 $65,322.00 $65,322 O0
$10.00 $10 O0 $10.00i $10.00
$91,390.00 $92,827.00
$8,989.00 $8,989 O0
$1,500.00 $1,500.00
$83,300 O0 $83,300 O0
$10.00 $10 O0
$93,799.00
Mobilization/General
1 Requirements 1 LS
2 As-Built Record Drawings 1 LS
3 L~ftStabon No. 31 1 LS
4 Indemmfication 1 LS
Total Bid
unit price
total
unit price
total
unit price total
$10,000 00 $10,000 00 $3,500.00 $3,500.00 $25,000.00 $25,00000
$1,000.00[ $1,00000 $750.00[ $750.00 $500.00 $50000
$85,990.00 $85,990.00 $98,000.00 $98,000.00 $125,000.00 $125,000.00
$10.00 $10.00 $10 00 $10 00 $10.00 $10 00
$97,000.00 $102,260.00 $150,510.001
Page 1 of 1
~~ ~ ~~ REHABILITA~ ON OF L.S. 31
~~A~~Y~~~ Pro~t No. 2~1-012 1 of 1
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item
Date: April 10, 2001
When: April 17, 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 utilized by the City in association with our
Preventative Maintenance Program. The equipment will be purchased from our annual contract with
Southeastern Pump. Total amount of this purchase is $24,772.00 and will be funded from Operating
Account #441-5144-536-46.20, Equipment Maintenance.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of purchase from Southeastern Pump.
Department head signature: ~
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable):.
Budget Director Review (r~d on all items involving expenditure of funds):
Funding available: 3rES}NO
/5'/N~ Funding alternative~-~-'~ (if applicable)
(,~'~ AccountNo.&Descri?onqq~-%~qq-:~3(o. qB-LO ~
~3-~0j'~x Account Balance ~d~.2zg O~9~A~a0,.-~,~r~ ~rx~L~Lg;''
City Manager Review:
Approved for agenda: ~0 ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file'S'~EngAdmlnkProjects\01~2001-012\OFFICIADsoutheastem3 ag 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, P.~.. ,~ ~'~
Deputy Director of I. lt~
April 10, 2001
PURCItASE OF SUBMERSIBLE SEWAGE PUMPS
Attached is an Agenda Request along with a quote for purchase of pumps and related equipment from
Southeastern Pump in the amount of $24,772.00 to be utilized by the City in association with our
Preventative Maintenance Program. Southeastern Pump was awarded the annual contract for the purchase
of submersible wastewater pumps and equipment (Bid 99-19). Funding is from Account #441-5144-536-
46.20, Equipment Maintenance (Budget Transfer Attached).
Please place the item on the April 17, 2001 Agenda for consideration by City Commission.
CDB/cdb
Att:
CC;
Richard C. Hasko, Director of Environmental Services
Bob Bullard, Maintenance Manager
City Clerk
Agenda File
file: S:~EngAdmin~Projects\01L2001-012\OFFICIAL~southeastem3.mem.doc
03/29/2001 16:82 9547818434 SEPUI~ P,O~iE 01
$OUTHEASTERN PUMP
March 29, 2001
City of De~ray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
Attention;
Subject:
Mr. Robert Bullard
Lilt Station Pumps & Parts
We are pleased to offer Ihe following equipment in accordance with Award of Bid No. 99-19,
and in keeping with City of Delray Beach Standards:
New Pumps
ea. Barnes Pump 4SE3794L, 3.7HP, 240V/3/60, Standard Impeller $1.450.00 each
ea. Barnes Pump 4SES094L, 5.0HP, 240V/3/60, Standard Impeller $1,450.00 each
ag. Barnes Pump 4SE7534L, 7.SHP, 240V/3/60, Standard Impeller $1,892.00 each
ea. Barnes Pump 4SE15034L, 15HP, 240V/3/60, 10" Impeller $ 2,319.00 each
ea. Barnes Pump 6SEI8034L, 18HP, 240V/3/60, Standard Impeller $ 3,302.00 each
aa. Bames Pumr~ 6SE30034L. 30HP.240V/3/60, 81andard Impeller $ 3,7~..4.00 each
PUMPS TOTAL $19,406.00 NET
Repair Parts (to fit 4~EE Series, 15HP Barnes Pumps)
2 ea. Part No. 084895'TF, 10" diameter
2 ea. Part No. 084895TK, 9.50' diameter
2 ea. Part No. 084895UF, 7' diameter
4 ea. Pad No. 066292WGS. Volute with studs and gasket
PARTS TOTAL
$ 326.00 each
$ 326.00 each
$ 281.00 each
$ ... 875.00 each
$ 5,366.00 NET
PROJECT TOTAL: $ 24,772.00
Prices are valid for 30 days from date of quotation.
Prices do not include sales tax.
F,O.B. - Delivered
Payment due 30 Days from date of invoice.
Thank you for this opportunity to quote your requirements. Please advise us wrtl~ any
questions, or ~f we may receive your valued order.
Sincerely,
SOUTHEASTERN PUMP
PO Box 100727 · Ft. Lauderdale, FL 33310 * 1368 SW 12th Avenue · Pompano Beach. FL 33069
Phone (954) 781-8400 - Toll Free (800) 396-4182 · Fax (954) 781-8434 · www. sel~ump.com
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item ~*~ ~'~
Date: April 10, 2001
When: April 17, 2001
Description of item (who, what, where, how much): Staff requests Commission approve the purchase of
two hydrated lime pumps and related equipment from Hydro Pumps. The total amount of the purchase is
$27,725.60 and funding is available from Account # 441-5161-536-64.90, Other Machine _ry & Equipment.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of purchase and installation to Hydro Pumps in the amount of
$27,725.60.
Department head signature: ~.,.~_,~c-~ . ~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):.
BudgetDirector Review (re/~red on all items involving expenditure of funds):
Funding available~qO
oFunding altematives (if applicable)
AccountNo. & Description t4q~-~l[01 - ~'~.t~q-qO ~ /-~C_~i
t AccountBal~ce ~q~,q~ ~~ b~ ~~
' ~ - 'O -0 ' '
CiW Manager Review:
Approved for agenda: ~O ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\kESSRV002~Daws\wwdata~Forms~Agenda Requests~AgendaReq - Hydor Pumps doe
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N
D
U
M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, P.~
Deputy Director of Pub~ Utilities
April 10, 2001
Purchase of Additional Hydrated Lime Supply Pumps
Water Treatment Plant
Attached is an agenda request and supporting documentation for the purchase of two hydrated lime
pumps and related equipment. The pumps will serve as backup to the existing pumps which will
allow for preventative maintenance with no interruption in the treatment process. As part of our
continuing automation of the water treatment plant, these pumps will also work in conjunction
with the pH probes in the clarifiers and will regulate the lime dosage rate. After a pH designation
is set, the pumps will speed up and slow down the lime dosage to maintain a constant pH. These
pumps are identical to the existing pumps and the only local supplier who can provide them is
Hydro Pumps. The total amount of this purchase is $27,725.60 and funding is available from
Account # 441-5161-536-64.90, Other Machinery & Equipment. (Budget Transfer is attached)
Please place this item on the April 17, 2001 Agenda for consideration by City Commission.
CDB/ped
CCi
Richard C. Hasko, P.E., Director of Environmental Services
Robert Bullard, Manager of Maintenance
John Bullard, Manager of WTP
City Clerk
Agenda File
\~ESSRV002XDavis\wwdatahMemo\C~ty ManagerLllydro Pumps doc
IO'd ]~10l
Browa~: (654) 5~3303
Fax: (954) 5~3..3305
Hydro Pumps, Inc.
P.O. Box 16295 6512 ~ 13th Court
Plantation, FL 33316
20,
Toll Free (FL) 1-800-306-7~67
Delray Enviroranental Services
434 South Swinton Av.
Delray Bench, FL 33444
Via Fax (561) 243-7344
Attn: Clayton Gilbert
Re: Lime Pumps
Gentlemen,
We propose to furnish and deliver the followi~ equipment for installation by others.
2 - Nngle Hydr~ed lime pumps Model IXI.SKR idemiead to the group ~urnished by
EIIrins (S/N NP91-1615 A,B,C) as modRied to V belt drive by Hydro Pumps
including 7. Shp Baldor 1750 RPM chemical duty motors, belts, sheaves, md belt
guard.
TOTAL PRICg ~
Allow 12-14 weeks ~o~or order
2 - Dnnfoss vnriable speed VFD drives, the present model VLT 5008-P-TS-054-ST
replaces the previous VLT 3008 modal supplied in 1995.
2 - NEMA 4 enclosures tared with a Texnmte speed indicator, and speed pot as
furnished in 1995.
Ed Canter
EC/vp
AGENDA REQUEST
Agenda Item No.: F~ '~'
Request to be placed on
DATE: April 11, 2001
Regular Agenda
Special Agenda
Workshop Agenda
When: April 17, 2001
Description of item (who, what, where, how much) Award of the contract to Chaz Equipment, Inc. in the
amount of $1,698,495.00 for the Seacrest / Del Ida Neighborhood Improvements Phase II Project,
Project #2000-001. The funding for this project will be provided from the following account:
Funding Source
Account Number Current Balance
Contract
General Project Fund
Water & Sewer
Drainage Project
Drainage Project
2000 Bond General
2000 Bond Storm VVtr.
Total
334-3162-541-62.54
442-5178-536-65.03
448-5461-538-65.03
448-5461-538-65.20
370-3162-541-65.43
448-5470-538-65.43
$828,673.00
$472,320.00
$134,000.00
$189,000.00
$590,617.00
$113,412.00
$828,673.00
$472,320.00
$134,000.00
$189,000.00
$63,364.00
$11,138.00
$1,698,495.00
This agenda item is subject to the review and approval, by City Attomey.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation' Staff recommends award of Project No. 2000-001, the Seacrest / Del Ida
Neighborhood Improvements Phase II Project to Chaz Equipment, Inc. with a bid in the amount of
$1,698,495.00.
Department Head ~ .._~.~
Signature:_ - /-'1/''/~ - (~ ]
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding availabl~NO
Funding alternatives/
Account No. & Description see table above
Account Balance see table above
City Manager Review: ~,~,~
Approved for agenda: (Y..~NO
Hold Until:
(if applicable)
Agenda Coordinator Review:
Received:
Placed on Agenda.
Action:
Approved/Disapproved
file 2000-001(A)
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
THRU:
FROM:
SUBJECT:
www. delrayesd com
DAVID T. HARDEN, CITY MANAGER
BARRON CARONITE, P.E. ASSISTANT CITY ENGINEER~
SEACREST I DEL IDA NEIGHBORHOOD
CITY PROJECT #2000-001
AGENDA REQUEST
IMPROVEMENTS PHASE II
DATE:
APRIL 11, 2001
Please find enclosed the agenda request for Commission to award Seacrest / Del Ida Neighborhood
Improvements Phase II project contract.
The furnishing and installation of potable water distribution mains and services, asphaltic concrete
pavements, concrete sidewalks, curbs and gutters, traffic calm devices, driveways, landscaping,
irrigation, restorations, and associated miscellaneous improvements.
Attached is the bid tabulation and location map for the referenced project. The lowest responsible,
responsive bidder for this project was Chaz Equipment, Inc. with a bid of $'1,698,495.00.
Funding Source
Account Number Current Balance
Contract
General Project Fund
Water & Sewer
Drainage Project
Drainage Project
2000 Bond General
2000 Bond Storm Wtr.
Total
334-3162-541-62.54
442-5178-536-65.03
448-5461-538-65.03
448-5461-538-65.20
370-3162-541-65.43
448-5470-538-65.43
$828,673.00
$472,320.00
$134,000.00 ~
$189,000.00
$590,617.00
$113,412.00.
$828,673.00
$472,320.00
$134,000.00
$189,000.00
$63,364.00
$11,138.00
$1,698,495.00
If acceptable, please place this item on the April 17, 2001 commission meeting for Commission
approval.
Attachment
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
file: 2000-001 (A)
file:s/engadmin/2000/2000-001/contract/AGENMEMO(1).doc
14114
WAY
LOCATION MAP
Seacrost I Del Ida Neighborhood Improvements Phase II Project 2000-001
Bid Tabulation
Chez E;]ulpment Co. Asphalt Con~ultants~ Inc. Man-Con, Inc.
tent EST UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED
No. DESCRIPTION UNIT QUAN. PRICE COST PRICE COST PRICE COST
t ~lmntenance of Traffic LS 1 !$125,00000 $125,00000 $68,16000 $68,16000 $130,00000 $130,00000
2 ~llanng and Grubbing L S 1 $125,000 00 $125,000 00 $78,000 00 $78,000 00 $107,000 00 $107,000 00
3 1" Type S-3 Asphalt Overlay TON 440 $60 00 $26,400 00 $57 00 $25,080 00 $71 00 $31,240 00
4 Round-a-bouts EA 3 $26,700.00 $80,100 00 $24,500 00 $73,500 00 $34,600 00 $103,800 00
5 PaverBnckSpeedTabll EA 3 $3,60000 $10,80000 $12,00000 $36,00000 $3,85000 $11,55000
6 Dw~Jed Roadway EA 15 $19,850 00 $297,750 00 $16,500 00 $247,500 00 $18,445 00 $276,675 00
7 ~sphalt Trench Repmr L F 520 $15.00 $7,800.00 $22 00 $11,440 00 $21 00 $10,920 00
8 Type "D" Curb LF 210 $1600 $5,36000 $1200 $2,52000 $1000 $2,10000
9 Type 'F" Curb & Gutter L F 140 $16 00 $2,240 00 $17 00 $2,380 00 $11 00 $1,540 00
10 5' Concrete S,~ewalk (4" thick) L F 15600 $13 00 $202,800 00 $14 60 $227,760 00 $13 00 $202,800 00
11 5' Concrete Sidewalk (6" thick) LF 1400 $1400 $19,60000 $1700 $23,80000 $1600 $22,40000
12 ~oncrete Drive Apron (6" thick) S F 45300 $3 50 $158,550 00 $5 90 $267,270 00 $3 75 $169,875 00
13 ,~sphalt Drive Apron w~th Base SY 460 $1800 $8,280 00 $2200 $10,12000 $2800 $12,88000
14 Pavement Marking & S~nage L.S I $3,200 IX) $5,200 00 $8,000 00 $8,000 00 $10,625 00 $10,625.00
15 Swell Grad;rig & Sodding S Y 27000 $3 75 $101,250 iX} $5 75 $155,250 00 $7 00 $189,000 00
16 S" DIP Water Mare L F 1922 $24 50 $47,089 00 $27 00 $51,894 00 $26 50 $50,933 00
17 5"DIPWalerMam LF 1842 $21 00 $38,68200 $2300 $42,36600 $2400 $44,20800
18 12" DIP Force Mare L F 259 $47.00 $12,173 00 $73 00 $18,907 00 $59 00 $17,871 00
19 Sanitary Sewer Lateral Repatr EA 1 $10,500 00 $10,500 00 $2,600 00 $2,600 00 $1,050 iX) $1,050 00
20 4" SCH 80 PVC ~rngatJon sleeve LF 1000 $1000 $10,00000 $1300 $13,00000 $825 $8,25000
21 ~l" Gate Valve F...A 4 $500 00 $5,200 00 $800 00 $3,200 iX} $950 00 $3,800 00
22 $" Gate VaNe EA 6 $500 00 $3,600 00 $575 00 $3,450 00 $750 00 $4,500 00
23 10' Plug Valve EA 1 $1,600.00 $1,600 00 $1,850 00 $1,850 00 $2,300 00 $2,300 00
24 F~ro Hydrant Assembly EA 7 $1,850.00 $12,960.00 $2,450 00 $17,150 00 $2,700 00 $18,900 00
25 Relocate Ex.*ting Fire Hydrant EA 1 $1,500 00 $1,500 00 $1,075 00 $1,075 00 $1,200 00 $1,200 00
26 12"x 8"TS &VaNe EA 1 $4,50000 $4,50000 $3,45000 $3,45000 $3,20000 $3,20000
27 $" x 6" T S & VaNe EA I $2,500 00 $2,500 00 $2,475 00 $2,475 00 $2,640 00 $2,640 00
28 ~"x 6"TS &Valve EA 9 $2,20000 $19,80000 $2,35000 $21,15000 $2,60000 $23,40000
29 ~onnect To Ex,sang Water Mmn EA 2 $1,700 00 $3,400 00 $1,230.00 $2,460 00 $998 00 $1,996 00
30 F~II & Flush Assembly EA 6 $700,00 $4,200 00 $560 00 $3,360 00 $556 00 $3,336 00
31 Sampll Point EA 9 $250 00 $2,250 00 $280 00 $2,520 00 $276 00 $2,484 00
32 Single Water Service EA 51 $700 00 $35,700 00 $720 00 $36,720 00 $595 00 $35,445 00
33 Doubll Water Serwce EA 10 $850 00 $8,500 00 $1,025 00 $10,250 00 $864 00 $8,640 00
34 Verify Exhaling Water Serwce EA 28 $300 O0 $8,400 O0 $230 O0 $5,440 O0 $625 O0 $17,500 O0
35 ~onnect to Exrsbng Water Service EA 28 $850 00 $23,800 00 $620 00 $17,360 00 $920 00 $25,760 00
36 Irnga,bon Water Meter wlth Box E.A 5 $80000 $4,00000 $1,000.00 $5,00000 $1,00000 $5,00000
37 Irrigation P~p~ng L,F 3795 $3 00 $11,385 00 $7 50 $28,462 50 $11 40 $43,263 00
38 Landscaping Imgat~on System L S 1 $15,000 00 $15,000 00 $29,700 00 $29,700 00 $31,000 00 $31,000 00
39 Remove ex~al~ng 2"-4' water main L,F 7200 $5 00 $36,000 00 $3 00 $21,600 00 $8 25 $45,000 00
40 Reconnect Rear Yard Water Service EA 55 $800 00 $44,000 00 $850 00 $35,750 00 $1,100 IX) $50,500 00
4t Plug Ex MH, Grout p~pe, New Invert L,S 1 $500 00 $500.00 $1,850 00 $1,850 00 $1,100,00 $1,100 00
42 Glaucous Caseis EA 13 $207 00 $2,691 00 $240 00 $3,120 00 $387 00 $5,031 00
43 ~lver Buttonwood EA 44 $18500 $8,14000 $24000 $10,56000 $34800 $t5,31200
44 Dmnge Gaiger Tree EA 36 $220 00 $7,920 00 $324 00 $11,664 00 $437 00 $15,732 00
45 S,~pson Stopper EA I $230 00 $230 00 $282 00 $282 IX) $34}7 00 $.367 00
46 Jatropha Tree EA 3 $23000 $89000 $20400 $51200 $34800 $1,044 00
47 3llander Standard, White EA 1 $185 00 $185 00 $204 00 $204 00 $338 00 $338 00
48 Black Ironwood FA, 1 $290 00 $290 00 $204 00 $204.00 $457 00 $457 00
49 3.rabwood Tree EA 1 $290 00 $290 00 $282 00 $282 00 $258 00 $258 00
50 P~tch Appll EA 8 $275.00 $2,200 00 $240 00 $1,920 00 $457 00 $3,656 00
51 P~geon Plum EA 22 $275.00 $8,050 00 $270 00 $5,940 00 $387 00 $8,514 00
52 Dahoon Holly EA 2 $22000 $44000 $22200 $44400 $35800 $71600
53 ;'~nk Tabebula EA 15 $275 00 $4,125 00 $270 00 $4,050 00 $348 00 $5,220 00
54 3umbo L~mbo EA 4 $23000 $92000 $22200 $88800 $37900 $1,51600
55 Royal Poinciana EA i 6 $275.00 $1.650.00 $228 00 $1,368 00 $379 00 $2,274 00
56 Yellow Pmnc~ana EA 1 $275 00 $275 00 $228 00 $228 00 $379 00 $379 00
57 Laurel Oak EA 3 $290 00 $870 00 $270 00 $810 00 $439 00 $1,317 00
58 [.we Oak EA 11 $300 00 $3,300 00 $270 00 $2,970 00 $538 00 $5,918 00
59 Paradise Tree EA 1 $290 00 $290 00 $204 00 $204 00 $338 00 $338 00
60 Mahogany Troe EA 2 $28500 $57000 $25800 $51600 $48700 $97400
61 Street Tree Allowance L S 1 $50,000 00 $50,000 00 $50.000 00 $50,000 00 $50,000 00 $50,000 00
62 Medmn/Roundabout Landscaping Allo r L S I $35,000 00 $35,000 00 $35,000.00 $35,000 00 $35,000 00 $35,000 00
63 Utd~'yAllowance LS I $12,00000 $12,00000 $12,00000 $12,00000 $12,00000 $12,00000
64 Lancl~cepe Allowance L S 1 $20,000 00 $20,000 O0 $20,000 00 $20,000 00 $20,000 00 $20,000 00
65 VkJeo Allowance L S I $1,000.00 $1,000 00 $1,000 00 $1,000 00 $1,000 00 $1,000 00
66 Indemmficatmn LS 1 $1000 $1000 $1000 $1000 $1000 $1000
Total $1,698,495 00 $1,783,095 50 $1,933,072 00
Seacrest / Del Ida Neighborhood Improvements Phase II Project 2000-001
Bid Tabulation
DESCRIPTION
Mmntenance of Traffic
Clearing and Grubb,ng
1" Type S-3 Asphalt Overlay
Round-a-bouts
Paver Brick Speed Table
Divided Roadway
Asphalt Trench Repa,r
Type "D" Curb
Type "F" Curb & Gutter
5' Concrete S~dewalk (4" thick)
5' Concrete Sidewalk (6" thick)
Concrete Drive Apron (6" thick)
)halt Drive Apron with Base
Pavement Marking & Signage
Grading & Sodding
12" DIP Force Main
Samtary Sewer Lateral Repmr
4" SCH 80 PVC ~rngahon sleeve
8" Gate Valve
5" Gate Valve
10" Plug Valve
Fire Hydrant Assembly
Relocate Ex~sbng Fire Hydrant
12" x 8" T.S & Valve
8"x 6"T.S &Valve
$"x 6"T.S &Valve
Connect To Ex~sting Water Main
Fill & Flu~n Assembly
Sample Point
Single Water Service
Double Water Service
Yenfy Ex~sbng Water Service
Connect to Existing Water Service
irrigation Water Meter w~th Box
Irrigation P~p~ng
Landscaping Irngabon System
Remove ex~sbng 2"-4" water mmn
Reconnect Rear Yard Water Service
Plug Ex MH, Grout p~pe, New Invert
Glaucous Cass~s
Silver Buttonwood
Orange Ge~ger Tree
Simpson Stopper
Jatropha Tree
Oleander Standard, White
Black Ironwood
Crabwood Tree
Pitch Apple
Pigeon Plum
Dahoon Holly
Pink Tabebula
Gumbo L~mbo
Royal Poinciana
Yellow Poinciana
Laurel Oak
L~ve Oak
Paradise Tree
Mahogany Tree
Street Tree Allowance
Median/Roundabout Landscapin
Utility Allowance
Chaz E¢
UNIT
PRICE
$125,000 00
$125,000 00
$60 00
$26,7OO 00
$3,600 00
$19,850 00
$15 00
$16 00
$16 00
$13 00
$14 00
$3 50
$18 O0
$5,200.00
$3.75
$24 50
$21 00
$47 00
$10,500 00
$10 00
$800.00
$600.00
$1,600.00
$1,85O.OO
$1,5OO.OO
$4,500 O0
$2,500 00
$2,2OO O0
$1,700 00
$700.00
$250 00
$7OO.0O
$850 00
$300 00
$85O 00
$8OO 00
$3 00
$15,000 00
$5 00
$8O0 00
$500 00
$2O7 00
$185 00
$220 00
$230 00
$230 00
$185.00
$290 00
$290 00
$275 00
$275 00
$220 00
$275 00
$230 00
$275 00
$275.OO
$290.00
$30O 00
$290 00
$285 00
$50,000 00
$35,000 00
$12,000 00
=ment Co.
EXTENDED
COST
$125,000 00
$125,000.00
$26,400 00
$80,100 00
$10,800 00
$297,750 00
$7,8OO.OO
$3,360.00
$2,240.00
$202,800 00
$19,600 00
$158,550 00
$8,28O 00
$5,200 O0
$101,250 00
$47,089 00
$38,682 00
$12,173 00
$10,500.00
$10,000.00
$3,200 00
$3,600 00
$1,600 00
$12,950 00
$1,500.00
$4,500 00
$2,500 00
$19,800 00
$3,400 00
$4,200 00
$2,250 00
$35,700 00
$8,500 00
$8,400 00
$23,800 00
$4,000 00
$11,385 00
$15,000.00
$36,000.00
$44,000.00
$500.00
$2,691 00
$8,140 00
$7,920 00
Asphalt Consultants, Inc.
UNIT
PRICE
EXTENDED
COST
$68,160 00
$78,000.00
$25,O8O.OO
$73,5OO 00
$36,000 00
$247,500 00
$11,440.00
$2,520.00
$2,38O.0O
$227,760.0O
$23,8OO 00
$267,270.00
$10,120.00
$6,000 00
$155,250 00
$51,894 00
$42,366 00
$18,907 00
$2,60O 00
$13,000 00
$3,2OO 00
$3,45O 00
$1,850.00
$17,150.00
$1,075 00
$3,45O 00
$2,475 00
$21,150 00
$2,460 00
$3,360 00
$2,520 00
$36,720 00
$10,250 00
$6,44O 00
$17,360 00
$5,00O 00
$28,462.50
$29,70O.OO
$21,600.00
$35,750.00
$1,850.00
$3,120 00
$10,560 00
$11,664 00
Man-Con, Inc.
UNIT
PRICE
$68,160 00
$78,000 00
$57 00
$24,500 00
$12,000 00
$16,500 00
$22 00
$12 00
$17.00
$14 6O
$17 00
$5 9O
$22 00
$6,OOO 00
$5 75
$27 00
$23.00
$73.00
$2,600 00
$13 00
$800 00
$575 00
$1,850 00
$2,450 00
$1,075 00
$3,450 00
$2,475 00
$2,350 00
$1,230 00
$560 00
$280 00
$720 00
$1,025 00
$230 00
$620 00
$1,000 00
$7 50
$29,700 00
$3.00
$65O 00
$1,850 00
$240 00
$240 00
$324 00
$282 00
$612 00
$204 00
$204 00
$282 00
$1,920 00
$5,940 O0
$444.00
$4,050 O0
$888 00
$1,368 00
$228 00
$810 00
$2,970 00
$2O4 00
$516 00
$5O,0OO.O0
$35,0OO 00
$12,000 00
$130,000 00
$107,000 00
$71 00
$34,6OO 00
$3,85O.OO
$18,445 00
$21.00
$10.00
$11.00
$13 00
$16 00
$3 75
$28 00
$10,625 00
$7.00
$26.50
$24.00
$69 00
$1,050 O0
$8 25
$950 00
$750 00
$2,300 00
$2,700 00
$1,200 00
$3,200 00
$2,640 00
$2,600 00
$998 00
$556 00
$276 00
$695 00
$864 00
$625 00
$920.00
$1,000 00
$11 40
$31,000 00
$6 25
$1,100 00
$1,100 00
$387 00
$348.00
$437 00
$230 00 $282 00
$690 00 $204 00
$185 00 $204 00
$290 00 $204 00
$290 00 $282 00
$2,200 00 $240 00
$6,050 00 $270 00
$44O 00 $222 00
$4,125 00 $270 00
$920.00 $222 00
$1,650 00 $228 00
$275 00 $228.00
$870 00 $270 00
$3,300 00 $270 00
$290 00 $204 00
$570 00 $258 00
$50,000 00 $50,000 00
$35,000 00 $35,000 00
$12,000 00 $12,000 00
$387 00
$348 00
$338.00
$457 00
$258 00
$457 00
$387 00
$358 00
$348.00
$379 00
$379 00
$379 00
$439 00
$538 00
$338 00
$487 00
$50,000 00
$35,O0O 00
$12,000 00
EXTENDED
COST
$130,000 00
$107,000 00
$31,240 00
$103,800 00
$11,550 00
$276,675 00
$10,920 00
$2,100 00
$1,540 00
$202,800 00
$22,400 00
$169,875 00
$12,880.00
$10,625.00
$189,000.00
$50,933.00
$44,208 00
$17,871 00
$1,050 00
$8,25O 00
$3,8OO.OO
$4,500.00
$2,30O.00
$18,900.00
$1,200.00
$3,200.00
$2,640.00
$23,400 00
$1,996.00
$3,336 00
$2,484 00
$35,445 00
$8,640.00
$17,500 00
$25,760 00
$5,000 00
$43,263 00
$31,000 00
$45,000 O0
$60,500 O0
$1,100 O0
$5,031 O0
$15,312 O0
$15,732 O0
$387.00
$1,044 O0
$338.00
$457 O0
$258 00
$3,656 00
$8,514 00
$716 00
$5,220 00
$1,516 00
$2,274 00
$379 00
$1,317.00
$5,918 00
$338 00
$974 00
$50,000 00
$35,000 00
$12,000 00
TO:
THRU:
FROM:
SUBJECT:
D AV..)~._ ,~ ,~_ ._ R,~ EN,,~C I-[-Y MANAGER
PA[J~.LI~'~~CTOR OF PLANNING AND ZONING
sCOTT ARO~KING MANAGEMENT SPECIALIST
MEETING OF APRIL 17,200t
TO REVIEW A REQUEST FOR AN ADDITIONAL QUEUING AREA ON ATLANTIC
AVENUE ON THE SECOND BLOCK EAST OF sWINTON AVENUE IN PROXIMITY OF
1t0 EAST ATLANTIC AVENUE.
At the Parking Management Advisory Board (PMAB), meeting of February 13, 2001 the applicant made a
presentation for an additional parking queue and associated Parking License Agreement on Atlantic Avenue, on the
second block east of Swinton Avenue (Grip Building). The applicant proposed that the queue is to be used for
overflow from the existing queue on the first block east of Swinton Avenue (32 East), and would be utilized only
when the queue on the first block was full.
After much discussion staff was instructed to make certain modifications to the standard Parking License
Agreement and offer possible alternatives for further consideration at the March 27= PMAB meeting. The board
considered the item on March 27~h at which time several concerns were identified. The concerns centered around
whether the additional queue would function as proposed. It is unlikely that people destined to the second block are
going to stop at the first queue. Further, as valet stations would be located at the front of the queue on the second
block as well as the existing location the queue areas will effectively run as individual queues. An additional
concern would be if the queue on the second block backs up traffic it would effectively block vehicles in the first
queue waiting to be parked. While the applicant has suggested hiring an off-duty police officer to maintain traffic
flow this may be counterproductive as the time involved to offer explanations and move people along is likely to
exacerbate the current gridlock problem.
Given these factors staff has recommended denial of the request. The PMAB agreed with staff and also
recommended denial.
To address the existing back up condition at the queue on the first block staff recommended the separation of
incoming and outgoing traffic. This is to be achieved by requiring a second queuing area of 2 or 3 spaces
designated as an exclusive "pick-up area", on SE 1st Avenue at the comer of Atlantic Avenue for departing
customers. This separation would allow a more continuous flow for incoming traffic wh~le enabling departing
customers to make a left onto Atlantic Avenue, heading westbound toward West Delray Beach, 1-95 or the
Turnpike, thus minimizing eastbound traffic on Atlantic Avenue (See attached map). The existing queue would be
monitored, gauging the effectiveness of the "pick-up area" in preventing gridlock in the Atlantic / Swinton Avenue
intersection. Upon the opening of the Soprah restaurant, the applicant would share the original queuing area in its
current location until such time that traffic conditions may warrant moving the entire queuing area East of 1~
Avenue and reverting the first block east of Swinton Avenue to public parking.
I
PARKiNGMANAGEMENTADVtSORY BOARDCON$1OERATiONii:'i~i~i ~ ~' "~1
After sigmficant discussion the PMAB, in a 5 - 4 decision, recommended denial of the applicant's request and ~
motion, unanimously recommended approval of the establishment of the pick-up area on the east side of SE
Avenue at the corner of Atlantic Avenue.
By motion, deny the applicant's request for an additional parking queue and associated Parking License Agreement
on Atlantic Avenue on the second block east of Swinton Avenue.
Attachments:
o Area map
TO:
THRU:
FROM:
SUBJECT:
ClTY'COMMiSSlON DOCUMENTAi~iON'
DAV/~I'_~_.H~R~'['Y MANAGER
PAU,~,~_~,L~TOR OF PLANNING AND ZONING
SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST
MEETING OF APRIL 17,2001
TO REVIEW A REQUEST FOR AN ADDITIONAL QUEUING AREA ON ATLANTIC
AVENUE ON THE SECOND BLOCK EAST OF SWINTON AVENUE IN PROXIMITY OF
l'10 EAST ATLANTIC AVENUE.
At the Parking Management Advisory Board (PMAB), meeting of February 13, 2001 the applicant made a
presentation for an additional parking queue and associated Parking License Agreement on Atlantic Avenue, on the
second block east of Swinton Avenue (Grip Building). The applicant proposed that the queue is to be used for
overflow from the existing queue on the first block east of Swinton Avenue (32 East), and would be utilized only
when the queue on the first block was full.
After much discussion staff was instructed to make certain modifications to the standard Parking License
Agreement and offer possible alternatives for further consideration at the March 27th PMAB meeting. The board
considered the item on March 27th at which time several concerns were identified. The concerns centered around
whether the additional queue would function as proposed. It is unlikely that people destined to the second block are
going to stop at the first queue. Further, as valet stations would be located at the front of the queue on the second
block as well as the existing location the queue areas will effectively run as individual queues. An additional
concern would be if the queue on the second block backs up traffic it would effectively block vehicles in the first
queue waiting to be parked. While the applicant has suggested hiring an off-duty police officer to maintain traffic
flow this may be counterproductive as the time involved to offer explanations and move people along is likely to
exacerbate the current gridlock problem.
Given these factors staff has recommended denial of the request. The PMAB agreed with staff and also
recommended denial.
To address the existing back up condition at the queue on the first block staff recommended the separation of
incoming and outgoing traffic. This is to be achieved by requiring a second queuing area of 2 or 3 spaces
designated as an exclusive "pick-up area", on SE 1" Avenue at the corner of Atlantic Avenue for departing
customers. This separation would allow a more continuous flow for incoming traffic while enabling departing
customers to make a left onto Atlantic Avenue, heading westbound toward West Delray Beach, 1-95 or the
Turnpike, thus minimizing eastbound traffic on Atlantic Avenue (See attached map). The existing queue would be
monitored, gauging the effectiveness of the "pick-up area" in preventing gridlock in the Atlantic / Swinton Avenue
intersection. Upon the opening of the Soprah restaurant, the applicant would share the original queuing area in its
current location until such time that traffic conditions may warrant moving the entire queuing area East of 1st
Avenue and reverting the first block east of Swinton Avenue to public parking.
After significant discussion the PMAB, in a 5 - 4 decision, recommended denial of the applicant's request and by
motion, unanimously recommended approval of the establishment of the pick-up area on the east side of SE 1st
Avenue at the corner of Atlantic Avenue.
II I I I I II I II I I I I I' II ..... I i ii ~111111 I I [ [ II ~l!llll' Il I I I IIIII III
By motion, deny the applicant's request for an additional parking queue and associated Parking License Agreement
on Atlantic Avenue on the second block east of Swinton Avenue.
Attachments:
o Area map
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Planning & Zoning Department
MEMORANDUM
TO:
Parking Management Advisory Board
FROM: Scoff Aronson, Parking Specialist
DATE: March 9, 2001
RE:
Agenda Item A - PMAB Meeting March 27, 2001
Amendment of Valet Parking Agreement for Sopra
Action:
The item before the Board is to review the amended parking license agreement between the
City and Soprah Restaurant for an additional Valet queuing area on Atlantic Avenue utilizing the
first three parking spaces East of 1st Ave.
Background:
In the meeting of February 13, 2001 the Board directed staff to amend the standard parking
license agreement to incorporate certain modifications. The following conditions have been
added in the attached Valet Parking License Agreement.
1. The licensee agrees that their employees will not park in City owned on-street or off-street
parking spaces (Pg. 2 Sec. 3).
2. The agreement is for a period of 180 days. The use is a probationary (Pg. 2 Sec 7).
3. The licensee, at its sole cost and expense, shall provide an off-duty police officer to
maintain continuos traffic flow through the queues along Atlantic Avenue (Pg. 5 Sec. 2/').
Staff Comments:
The addition of the three queuing spaces East of 1st Avenue may create the following problems:
It is unlikely that people destined to Sopra are going to stop at the 32 East queue.
During busy hours, if the additional queuing spaces at Sopra gridlock onto Atlantic Avenue,
across 1st Avenue, the valet drivers at 32 East queue will be impaired from entering traffic
flow from the curb.
> As customers destined to 32 East attempt to park at the queue, if full during busy hours,
traffic will continue to gridlock across Swinton Ave. Although the police officer will be
responsible to maintain traffic flow, the time involved to offer explanations to customers and
move them along does not ~illeviate the existing gridlock problem (See attached Non Crime
Report).
>' Combining Valet queuing area with public spaces easily affords the Valet attendant the
ability to use the public spaces to park vehicles.
A key component of Valet Parking is the separation of incoming and outgoing traffic. Cars
delivered to customers at the queuing lane, while waiting for or loading passengers, impede the
efficiency of the valet to circulate cars forward in the queuing area allowing incoming vehicles
smooth transition from the traffic lane to the curb.
ORDINANCE NO. 27-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE
PLAN AMENDMENT 2001-1 PURSUANT TO THE PROVISIONS
OF THE "LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATION ACT",
FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243,
INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN
AMENDMENT 2001-1" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the
"Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document
entitled "Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an
amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2001-1; and,
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due
public notice, held a public hearing on April 16, 2001, in accordance with the requirements of the
"Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, after the above referenced public heating, the Planning and Zoning Board, as
Local Planning Agency, recommended to the City Commission that the proposed Comprehensive
Plan Amendment 2001-1 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 2001-1 was submitted to and
reviewed by the City Commission; and
WHEREAS, following due public notice, the first of two required public hearings on
Comprehensive Plan Amendment 2001-1 was held by the City Commission on April 17, 2001, at
which time it was authorized to be transmitted to the Department of Community Affairs for
required review; and
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.
3 ORD. NO. 27-01
TABLE OF CONTENTS
CITY OF DELRAY BEACH
[.- ....... ? ~'*-*'~COMPREHENSIVE PLAN*AMENDMENT 0i-1
Page
FUTURE LAND USE ELEMENT
Potential Residential Units Map
Potential Residential Units Table
2
2
2
AMENDMENTS TO THE FUTURE LAND USE MAP
Fanelli Annexation FLUM Amendment from County
units/acre) to General Commercial for +/- 2.65 acres
HOUSING ELEMENT
Potential Residential Units Map
Potential Residential Units Table
HR-8 (8
3
23
PUBLIC FACILITIES ELEMENT
General update of entire element
INTRODUCTION, FUTURE LAND USE, TRANSPORTATION,
AND PUBLIC FACILITIES ELEMENTS
Update of map series within various elements (municipal boundary
changes)
SUPPORT DOCUMENTS
Appendix
1
2
3
4
6
7
"Potential Residential Units" Map
Revised "Potential Residential Units" Map
"Potential Residential Units" Table
Revised "Potential Residential Units" Table
Existing Map Series
Proposed Map Series
FLUM Amendments:
5 Fanelli FLUM amendment staff report
INVENTORY AND ANALYSIS
The following summaries have been prepared to facilitate review with the requirements
of Administrative Rule 9J-5. As a summary, only significant items are highlighted. The
source documents should be referred to for more information.
A separate inventory and analysis is provided for sewer, water, drainage, and solid
waste disposal facilities. Inventory and analysis dealing with groundwater aquifer
recharge is addressed under the water subsection.
SEWER FACILITIES
Wastewater treatment is provided by the South Central Wastewater Treatment Facility,
located in Delray Beach. The facility is jointly owned by Delray Beach and Boynton
Beach, under the responsibility of a board comprised of the City Commissions of both
cities. Daily operations of the facility are overseen by an executive director, reporting to
the board. Delray Beach Environmental Services Department is responsible for the
wastewater collection and transmission system within the service area.
The service area coincides with the City's Planning Area plus service provided through
contract to Highland Beach. Also included are several single and multi-family
connections in the Town of Gulf Stream. The service area encompasses approximately
18 square miles, as shown on Map #1.
The wastewater collection system consists of approximately 3130 319 miles of gravity
and force mains interconnected to 44.3 117 lift stations and ,3 2 master lift stations. In
addition, there are more than 500 415 septic tanks within the service area. The
treatment plant was constructed in 1979, with a programmed life of 50 years (2029).
Ultimate disposal is by ocean discharge of secondary effluent and land spreading of
sludge. The design capacity of the treatment plant, established by its secondary
t. reatment capacity, is 24 mgd. This capacity is shared equally between Boynton Beach
'and Delray Beach.
CAPACITY ANALYSIS (SEWER)
CAPACITY DEMAND ('~,) DEMAND (BUILD OUT)
00
12 mgd ~ 8.00 mgd 9.05 mgd
Deficiencies
Upgrading and maintenance of lift stations requires on-going capital investment.
(4)
Alternative Water Treatment will be required to meet the Environmental Protection
Agency Stage 2 Standards for disinfection by-products. A study is currently underway
to determine the most feasible alternative treatment method which will meet these
requirements. Upon completion of the study funding will be allocated to implement the
required treatment modification.
Needed improvements to the piping system have been identified to accommodate
demand conditions and localized fire demands.
CAPACITY ANALYSIS (WELLS)
CAPACITY DEMAND ('96) DEMAND (BUILD OUT)
49.2 mgd 12.09 mgd 15.6 mgd
(17.96 mgd peak) (23.4 mgd peak)
SOLID WASTE MANAGEMENT
The Solid Waste Authority has responsibility for the ultimate disposal of solid waste in
the region. The City is responsible for collection of solid waste within the City limits
through a contract with a private firm.
Solid waste is collected by the City's contractor and generally taken to a transfer station
located within the City, then by Solid Waste Authority trucks to the regional landfill,
located near West Palm Beach. The transfer station, located on S.W. 4th Avenue just
south of Linton Boulevard, has a capacity of 1,000 tons per day and is operating at its
· tnaximum capacity. This transfer station serves the south county from Boynton Beach
Boulevard south to the County line. Other transfer stations used are outside the City.
The North County Regional Solid Waste Disposal Facility, operated by the Solid Waste
Authority, is the ultimate disposal site. This facility occupies 334 acres, and consists of
a Class 1 (garbage and incinerator residue) and a Class 3 (trash) landfill. The landfill, at
its established Level of Service standard of 7.13 pounds per person per day, has
sufficient capacity to serve until the year 2020. In addition to the landfill, the facility
provides recycling, waste-to-energy incineration and composting facilities. The total
tonnage added to the landfill annually is 1,239,293 tons (1995). The City of Delray
Beach contributes 56,500 tons per year (commercial and residential) to the landfill
(1995), including garbage, trash, and vegetation. This equates to 6.17 pounds per
person per day. The City's yearly contribution to the landfill is 4.6% of the total. The
Delray Beach population of 50,195 (1995 estimate) represents 5.2% of the County
population of 960,600 (1995 estimate). The City's impact on the landfill is, therefore,
(6)
L-3D CANAL
~ .0 .C
LAKE IDA ROAD
CITY OF
BOYNTON BEACH
STREAM
TOWN OF
GULF STREAM
N.W
ATLANTIC A~...N
SW
LOW'SON BOULEVARD
LIN TON BOULEVARD
BOULEVARD
?
L-38 CANAL
PALM BEACH COUNTY
C-15 CANAL
CiTY OF
BOCA RA TON
TOWN OF
HIGHLAND
BEACH
crrY OF DELRAY BEACH, FLORIDA
PLANNING & ZONING DEPARTMENT
APRIL 2001
PLANNIN AREA
I IAP # !
LEGEND: PLANNING A.REA cn'Y LIMITS
(ULTIMATE CITY BOUNDARY)
TOWN OF OU~ STR~ ~ TOWN OF HIOHLAND BEACH ~
(:WATER SERVICE) (SEWER & FIRE SERVICE)
[3 Cason Cottage Museum (operated by a non-profit organization).
[3 Cemetery (mausoleum portion is operated by a lessee).
[3 Parks and Historic Structures (addressed in the Open Space & Recreation Element).
Deficiencies
There are no maior deficiencies related to buildings and facilities.
NEEDS AND RECOMMENDATIONS
Summarizing from the previous facility and performance analysis, the following needs
and recommendations are identified in the City's Public Facilities Element.
[3 Continue the program for reduction of I/I in the wastewater collection system.
[3 Continue the program for extending water and sewer mains to inhabited areas in the
city.
Implement alternative water treatment to meet Stage 2 EPA Requirements.
Develop a street system master plan.
(10)
GOAL AREA "C"
Objective C-1
SEWER COLLECTION AND WA TER DISTRIBUTION SYSTEMS
Master Plans
Policy C-1.1 Water System Model
Policy C-1.2 Sewer ~__System Model
Objective C-2
System Improvements
Policy C-2.1 Remedial Work - Sewer [Revis,d by Amendment 00-2]
Policy C-2.2 Remedial Work -Water [Revised by AmendmentO0.2]
Objective C-3
Availability of Facilities - Sewer
Policy C-3.1 Obligations of New Development
Policy C-3.2 Upgrading existing Facilities
Objective C-4
Availability of Facilities - Water
Policy C-4.1 Upgrading of Existing Facilities
Policy C-4.2 Obligations of New Development
Objective C-5
Revenue Allocations
Policy C-5.1
Policy C-5.2
Policy C-5.3
Policy C-5.4
General Fund Relationship
Annual Allocations for Upgrading of System Components
Financing of System expansions
Coordination with Other Improvement Projects
Objective C-6
Wastewater Treatment Plant
.Policy C-6.1
~olicy C-6.2
Policy C-6.3
Policy C-6.4
Level of Service
Participation Formula
Sludge Disposal
Design Capacity
GOAL AREA "D" BUILDINGS AND FACILITIES
Objective D-1
Public Facilities
Policy D-1.1
Policy D-1.2
Policy D-1.3
Repair and Maintenance
Facility Replacement
Accessibility
(12)
GOAL AREA "B"
POTABLE WA TER SHALL BE PLANNED FOR AND PROVIDED
SO THAT IT IS AVAILABLE TO ACCOMMODATE DEMANDS
BOTH IN TERMS OF QUANTITY AND QUALITY WHILE ALSO
MAKING WISE USE OF THIS LIMITED RESOURCE AND THE
LIMITED RESOURCE OF CAPITAL.
Objective B-1
Even though the City has projected an adequate water supply, it shall provide for
increasing draw-down and the potential of reduced capacity through salt water intrusion
and/or extended drought conditions through optimum use of existing wells, development
of new wells and development of alternative technologies and methods of providing
water. This objective shall be met in the performance of the following:
Policy B-1.1 The City, through the South Central Regional Wastewater Treatment
Facility Board, shall continue to monitor the area of effluent rouse with the ultimate goal
of reclaiming and rousing moro effluent from the wastewater treatment plant if and when
such a program becomes technically and economically feasible. Priorities for expansion
should be on golf courses in the City, and in the Coastal Planning Area.
Policy B-1.2 The City shall continue to ~ utilize the Acquifer Storage and
Recovery (ASR) well ~r_'cg.-~_m to supplement water supply during conditions of drought
or well field contamination and as a method of balancing the demand on water supply
wells during periods of high and Iow demand. T~,~ .....
~+, ,~l;~- ,-I~oi,~r~ -~,-/ ,-,-,,~c,+r, ,,-+i,~r~ -~, ~,-~rr,~r,~l I-~: +1~ r~, ,1+~- ,-,~ +l~z~ +'~-~,;l~ilif~, ~,~, ~l;~c,
Objective B-2
To insure that potable water is available to meet consumption, a reduction in demand
through conservation and treatment plant enhancement shall be achieved as addressed
in the following:
,~olicy B-2.1 The City shall maintain its program of responsible consumption of water
and shall decrease the overall per capita consumption of water by 10% from the 1989
level of 196 gpcd through continued implementation of the following techniques and
programs: (Also see Objective A-4 of the Conservation Element).
Maintaining its water rate structure which establishes an inverted block rate structure
to set higher consumption rates for increased water use in order to promote
reductions in water consumption as well as establishment of conservation
surcharges, based on South Florida Water Management District formulae, and
keyed to various levels of drought alert.
Mandatory use of wells for irrigation purposes where conditions permit.
Continued enforcement of water use laws.
(15)
Objective C-2
Upgrading of sewer and water facilities shall occur on an accelerated schedule. System
upgrades shall be funded through annual appropriations in the Water and Sewer
Renewal and Replacement Fund.
Policy C-2.1 A study has been completed determining the total program cost of
addressing remedial work needed, for wastewater lines and lift stations, to correct the
problems with inflow and infiltration. The City shall allocate annual expenditures to
complete the project over a 15 year time frame. [Revised by Amendment 00-2]
Policy C-2.2 A study has been completed determining the total program cost of
addressing remedial work needed to correct deficiencies in existing water lines. The
City shall allocate annual expenditures to complete the project over a 15 year time
frame. [Revised by Amendment 00-2]
Objective C-3
Wastewater collection system capacity is available to all areas within the City's service
area. Installation of facilities shall be programmed when the need is demonstrated.
Policy C-3.1 New development shall be responsible for extending sewer service to and
through the land to be developed. Said extensions shall meet the City's performance
standards.
Policy C-3.2 Upgrading of existing wastewater facilities shall be provided for through
annual appropriations in the capital improvement program.
Objective C-4
Potable water distribution system capacity is available to all areas within the City's
s, ervice area. Installation of facilities shall be programmed when the need is
'demonstrated.
Policy C-4.1 Upgrading of existing potable water facilities shall be provided for through
annual appropriations in the capital improvement program.
Policy C-4.2 New development shall be responsible for extending water service to and
through the land to be developed. Said extensions shall meet the City's performance
standards.
(18)
GOAL AREA "D"
A COORDINATED AND COMPREHENSIVE PROGRAM FOR
THE PROVISION OF ADEQUATE OFFICE FACILITIES FOR THE
CONDUCT OF CITY BUSINESS SHALL BE CONTINUED.
Objective D-1
Provisions are to be implemented to maintain and upgrade existing public facilities to
retain the acceptable level of service for the facility and to maintain the "marketability" of
the facility and the City. This objective shall be met through the following policies.
Policy D-1.1 The City shall continue its established program for the maintenance and
repair of buildings and facilities, including such items as roof replacement and major
structural repair, in a timely manner to maintain the viability of the facility.
Policy D-1.2 The City shall continue its established program for the replacement of
irreparable or obsolete buildings, facilities, and major facility elements and the
upgrading of existing facilities to maintain their ability to deliver the established level of
service to the community.
Policy D-1.3 All new construction projects shall be in accordance with Federal
guidelines on accessibility. The City shall make modifications to existing facilities that
aro easily achievable without groat expense, such that the facility will be in accordance
with Federal guidelines on accessibility.
GOAL AREA "E"
PROPERTY DAMAGE AND INCONVENIENCE TO THE PUBLIC
CREATED BY FLOODING AND POOR STREET CONDITIONS
SHALL BE SUBSTANTIALLY REDUCED AND, WHERE
POSSIBLE, ELIMINA TED THROUGHOUT THE CITY.
Objective E-1
',~, capital improvement program directed specifically to storm drainage and runoff
management has been adopted by the City Commission, and capital projects, as
identified in that program, shall be implemented with funding to come from the
Stormwater Utility Fee.
Policy E-1.1 Criteria for determining project priorities shall be as defined in the
Stormwater Master Plan, and based upon correcting current, localized problems.
Policy E-1.2 Minimum design standards for determining the scope of drainage projects
shall be such as to establish a level of service at least equal to the standard of retaining
the first one inch of runoff, or 2.5 inches of water storage times the percentage of
impervious aroa, whichever is greater, to protect water quality.
(20)
GOAL AREA "F"
THE NEED FOR ENHANCEMENT OF PUBLIC FACILITIES AND
THE PROCESSES USED TO IDENTIFY, PRIORITIZE, AND
FINANCE IMPROVEMENTS SHALL BE PUT FORWARD IN A
MANNER WHICH IS EASILY UNDERSTOOD BY THE PUBLIC
AND IS CONSISTENTLY AND EQUITABLY APPLIED.
Objective F-t
Public knowledge and understanding of public facilities and infrastructure planning shall
be assured through continuation of the following practices: display of system maps for
water, sewer and drainage in City Hall; ready availability of the Five Year Capital
Improvement Plan; prominent display of pamphlets addressing water conservation, solid
waste disposal, and other subjects relative to public facilities.
Objective F-2
Public awareness of the methods used to determine public improvement activities, and
public input to the process, shall be encouraged through the continued implementation
of the following:
Policy F-2.1 Public input through testimony received at public hearings, advertised and
held before the Local Planning Agency, shall be solicited annually during winter months
in order to identify geographic areas which are most in need of improvements.
Policy F-2.2 Criteria, as identified in the Capital Improvement Element, shall be
followed in the establishment of priorities for construction of public facilities. On an
annual basis, the Local Planning Agency shall forward to the City Commission a listing
of new or revised priorities with written findings as to the relationship of projects to those
criteria.
Policy F-2.3 Once established, program priorities shall not be altered except as
allowed in the policies established for implementation of capital improvement
'programming.
(22)
Z
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ATLAN TIC
AVENUE
Z
,, P I P I v I
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VALET STAND'~
t
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
P - PUBLIC SPACE
32
EAST VALET QUE
V - VALET SPACE
PU - PICK UP
DIGITAl BASE /,,/AP SyS,r£M -- iCAD REFLM507
TO:
THRU:
FROM:
SUBJECT:
MEETING OF APRIL 17,2001
CONSIDER DESIGNATING THE FIRST TWO PARKING SPACES ON THE
SOUTHEAST CORNER OF SE 1sT AVENUE AS A CUSTOMER PICK-UP
AREA FOR THE VALET QUEUE ON THE SOUTHSIDE OF ATLANTIC
AVENUE BETWEEN SWINTON AND SE IsT AVENUES.
During busy times the queuing areas throughout the City create traffic congestion. This is
largely due to the crossover of inc_qming and outgoing traffic. This condition is especially
troubling at the queue on Atlantic Avenue between Swinton and SE 1st Avenues, due to the
volume of traffic at the Atlantic / Swinton Avenue intersection.
Currently, as patrons retdeve their vehicles from the Valet, they travel east along Atlantic
Avenue. As most traffic eventually heads westbound toward West Delray Beach, 1-95 or the
Turnpike this configuration adds unnecessary traffic into the flow along eastbound Atlantic
Avenue.
A key component to running Valet Parking is the separation of incoming and outgoing traffic.
The most efficient way to achieve this separation is to create a designated pick-up area for
departing customers. In this instance the most functional place for this pick-up area is the east
side of SE 1st Ave. at the corner of Atlantic Avenue. This would enable westbound departing
visitors to make the left turn onto Atlantic Avenue reducing eastbound traffic flow. The area
would have a twenty-foot (20') "NO PARKING" zone delineated to allow smooth transition from
the curb to the travel lane. The pick-up area in this location will be located on the most
convenient route from the associated valet parking lots thereby minimizing extraneous traffic
circulation.
I PARKING 'MANAGEMENT ADVISORY
The Parking Management Advisory Board, at their March 27th meeting, unanimously
recommended approval of the creation of an independent pick-up area on the southeast corner
of SE 1st Avenue to service the queuing area on the first block of Atlantic Avenue east of
Swinton Avenue.
By motion, approve on first reading the creation of an independent pick-up area on the
southeast corner of SE 1st Avenue to service the queuing area on the first block of Atlantic
Avenue east of Swinton Avenue.
Attachments:
[] Map of area
TO:
THRU:
FROM:
DAVID T. HARDEN, CITY MANAGE~
PAUL DORLING, DIRECTOR OF PLAN.~IG .A.~ND(~NING
SCOTT PAPE, SENIOR PLANNER.~
SUBJECT:
MEETING OF APRIL 17, 2001
APPROVAL OF AN IN-LIEU PARKING FEE FOR ONE PARKING
SPACE FOR "ELIZABETH'S ON 7I''' RESTAURANT LOCATED AT
THE SOUTHEAST CORNER OF EAST ATLANTIC AVENUE AND SE
7~" AVENUE.
At its meeting of March 21, 2001, the Historic Preservation Board approved site and
development plans for "Elizabeth's on 7th" Restaurant. The approval will allow the
conversion of the 1,999-square foot beauty salon to a restaurant. The approval
includes the enclosure of the 187-square foot covered porch, construction of a 225-
square foot storage room/walk-in cooler, and a 300-square foot patio/dining area on the
east side of the building. The Board approved the plan subject to an oft'site parking
agreement for four spaces on the Northern Trust property and a restriction on the hours
of operation. The restriction of operating hours was not acceptable to the applicant.
The site has been redesigned to accommodate most of the required parking on-site.
The site plan has been revised to provide 21 parking spaces on the property, which is
sufficient to meet the parking requirements for the proposed building additions.
However, an in-lieu payment for one parking space is required for the addition of the
300 square foot patio/dining area on the east side of the property. The applicant has
requested approval to pay an in-lieu parking fee of $12,000 for the one required space.
At its meeting of February 18, 2001, the Parking Management Advisory Board
supported an in-lieu parking fee for one parking space only ($12,000) and
recommended the balance be accommodated through a reconfiguration of the parking
area.
By motion, approve the in-lieu parking fee ($12,000) for one parking space.
Attachment: Letter from Valede Settles Apd110, 2001
2~01 2:5S
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~'Sn AUSTRAl JAN AVENUE $OUTN
WEST PALM BEAC;L FLORIDA
TELEPHONE (~11
FACSIMILE {$61)
VIA T£L£COPIER
April 10, 2001
Mr. Paul Doffing
Director of Planning and Zoning
City of Dcerficld Beach
100 N.W. 1~r Ave.
Delray Beach, FL 33444
RE: Delray Beach Associates - Elizabeth's on 7th-COA-438
Deer Mr. Doffing:
This Firm represents Delray Beach Associates, Inc., in connection with the above referenced
application for a Class III Site Plan Modification for a Proposed Restaurant. The Historic
Preservation Board Staffreport, the present site plan is one space short of the parking requirements
contained in LDR Section 4.413(G)(1)(a). The Owner wishes to pay the in-lieu parking fee as an
alternative to providing the space on the property. Accordingly we request that you place this item
on the earliest available City Commission Agenda, and notify me of the same. If you have any
questions, you may reach me directly at the above number. Thank you.
Sincerely,
SHUTTS & BOWEN LLP
Valerie F. Settles
CC:
Mr. Scott Pape, Senior Planner (via telecopier)
Mr. Burton Handlesman
Mr. Rick Lee
WPBDOC~ ?043~$0.1 TMC
TOTAL PAGE.02 **
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
obert A. Barcinski, Assistant City Manager
April 11, 2001
Agenda Item # ~.~ - City Commission Meeting of April 17, 2001
Request to Extend Closing Time/Ingraham Parking Lot
ACTION
City Commission is requested to consider a proposal from the Friends of Sandoway
House Nature Center, Inc. to extend the closing time of the Ingraham Parking Lot until
11 p.m., on May 5th, 2001, to accommodate their Astronomy Program.
BACKGROUND
Attached is a letter received from the Friends of Sandoway House Nature Center, Inc.
requesting to leave the Ingraham Parking Lot open to accommodate their Astronomy
Program, which will be held on May 8th, 2001 from 8:30 p.m. until 10:30 p.m. The lot
closes at 8:00 p.m., and in order to accommodate their request, it would need to be left
open until 11 p.m. Commission has, on several occasions, approved a later parking lot
closing time to accommodate programs at the Sandoway House. As a condition of
approval, I would recommend that the Sandoway House provide a volunteer to man the
lot to ensure that only program participants park in the lot.
Due to the late receipt of this request, there was no time to confer with the Parking
Management Advisory Board nor the Beach Property Owners' Association.
RECOMMENDATION
Staff recommends consideration of extending the closing time of the Ingraham Parking
Lot on May 8th until 11 p.m. to accomnlodate the Friends of Sandoway House Nature
Center's Astronomy Program with the condition that they provide a volunteer to
supervise the parking lot.
RAB/nm
cc: Matt Reid, Director
Scott Aronson
s/city clerk/memo 2001hngrahm parking lot
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~ ~ - REGULAR MEETING OF APRIL 17 2001
CONTRACT AWARD FOR LANDSCAPE MAINTENANCE (WEST
ATLANTIC AVENUE)
DATE: APRIL 13, 2001
This is before the Commission to consider approval of a contract award in the amount of
$11,700.00 to Maxime Landscaping for the annual landscape maintenance for West Atlantic
Avenue (west of CSX Railroad to Military Trail). It is on the regular agenda because the
recommendation is to award to the third low bidder.
After meeting with the owner of the apparent low bidder, F&S Complete Lawn Care Corp., staff
does not feel he would be capable of performing the work on this site in a safe and proper manner.
The owner does not have sufficient safety equipment (traffic cones, signage and safety vests)
needed for this job. All of his current contracts consist of single family homes.
Second low bidder, Good Samaritan Lawn Service currently has a few commercial contracts (gas
stations) however, the same issue of safety pertains with this bidder as those listed above. It is
staff's recommendation that the contract be awarded to Maxime Landscaping as the lowest
responsive, responsible bidder.
Recommend approval of the bid award in the amount of $11,700.00 to Maxime Landscaping for
the annual landscape maintenance contract for West Atlantic Avenue (west of CSX Railroad to
Military Trail). Funding will be from 119-4144-572-46.60 (Beautification Maintenance).
Ref Agmemo 14 Bid Award Landscape Maintenance West Atlantic Avenue 04-17-01
Request to be placed on:
AGENDA REQUEST
Date: April 5, 2001
XX ~egular Agenda SpecialAgenda __Workshop Agenda
When: April 17, 2001
Description ofagendaitem: Request awarding Bid #2001-09, landscape maintenance of
West Atlantic Avenue CSX RR to Military Trail, to 3rd lowest bidder, Maxime
Landscaping, at an annual cost of $11,700.00. This will be funded out of
account #119-4144-572-4640.
ORDINANCE/RESOLUT!ON REQUIRED: YES
Draft Attached. YES
Recommendation: Award Bid #2001-09
NO X
NO X
to Maxime Landscaping.
Department Head Signature: ~..~ (-~'~~~
Determination of Consistency wit~omprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes I~~r"~ No .
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review: ~~ J ~'' ~(~
Approved for agenda:/~
No
(if applicable)
I lq-W. I¥-~- -
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
TO:
Sackie Rooney, Purchasing Supervisor
OM:
THROUGH:
Tim Simmons, Superintendent of Park Maint~ance
Joe Weldo tot of Parks and Recreation
DATE: 3/19/01
SUBJECT:
BID 2001-09 [West Atlantic Ave. CSX RR. To Military Trail]
I do not recommend that this Bid # 2001-09 be awarded to F & S Complete Lawn Care Corp. After meeting
with the owner Mr. Pierre Duvelsaint and checking his references, I do not believe they are capable of
performing the work on this site in a safe and proper manner. He doesn't have enough or the right type of
safety equipment [Traffic cones and sinage,vest] needed for this job currently.
And all his current contracts are single family homes.
He is the first low bidder $11,412.00. Attached to the bid sheet are the references he provided.
I do not recommend Good Samaritan Lawn service for this bid either. The reasons are the same as I have
listed above. Although he does a few Gas stations. Safety is a large part when working in this area and he
currently doesn't have the proper safety equipment [Traffic cones and sinage, vests] needed for this job.
He was the 2~ low bidder $11,470.45. Attached to the bid sheet are the references he provided.
I do reconunend that this Bid# 2001-09 be awarded to Maxime Landscaping. After meeting with the owner
Mt. Harry Maxime and checking his references, I feel comfortable with his equipment and ability to
perform the described work in a professional and safe manner.
He is the 3~a low bidder $11,700.00.Atlached to the bid sheet are the references he provided.
BID SIGNATURE FORM
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL BE CAUSE FOR
REJECTION OF YOUR PROPOSAL)
Bid # 2001-09 Opening Date: Tuesday, February 6, 2001
TITLE:
Trail) Annual contract
;S/GN~ - "~
NAME/TITLE
Landscape Maintenance - Altantic Avenue (West of CSX Railroad to Military
ADDRESS
S TA TE
zip CODE'
( ,5-6/
TELEPHONE
(
FA CSIMILE
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT
NAME:
TELEPHONE:
3O
BID SIGNATURE FORM
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL BE CAUSE FOR
REJECTION OF YOUR PROPOSAL)
Bid # 2001-09 Opening Date: Tuesday, February 6, 2001
TITLE: Landscape Maintenance - Altantic Avenue (West of CSX Railroad to Military
Trail) Annual contract
COMPANY NAME
TUF~E' tt'
NAME/TITLE /
ADDRESS
DATE
S TA TE
ZIP CODE
TELEPHONE
(. )
FA CSIMILE
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT
NAME:
TELEPHONE: ( C~,~L~ ) '-7-)~'~. \~ ~- ~,~..
02/28/200i i6:C0 95~755255i MEB INC P~GE Bi
· 82/28/2881 16:48 9547552551 NEB INC PAGE 82
6. 2 bed feeders
7. 2 Des Ix-unner~ ~,0 and 12 fo~ ext'ens~n
v" Pl. oef of ~ ~:~ltl~ Attache, d Illdll' fr~m m:jm~cy*
eP.g. 2
9547552551
MEB INC
PAGE 03
2099 South 8~ate'Rd 7
Ft. Laude~:da~e, FL 33317
Day1®, FI, 3~314-,
3151 ~es~ Nail&ad&Ze Beach
Pembroke Park, FL 33023
5800 North Federal H~¥
Boca Raton, ~ 33487
6221 Rest Atlantla Blvd
Ma=gate, EZ, 33063
21579 Ca,c'l:;agenla DRive
2601Res~ Sunrise BI?d,
BID SIGNATURE FORM
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL BE CAUSE FOR
REJECTION OF YOUR PROPOSAL)
Bid # 2001-09 Opening Date: Tuesday, February 6, 2001
TITLE: Landscape Maintenance - Altantic Avenue (West of CSX Railroad to Military
Trail) Annual contract
COMPANY NAME
DA TE
NAME~I'I~LE /
ADDRESS
S TA TE
TELEPHONE
FACSIMILE
:!
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT
NAME:
TELEPHONE:
3O
BIO
A P~ imc Management employee for fineyears. Supervising a crew ~n thc
RECEIVED
rrn o 001
Perforinance of tdl aspects of lawn and shrubbery care Undo my supe~,,4sion we
Maintained the property at Newport Grove in Delray Beach Prime Management was
Able to keep thc contract for all of the five yca[s of my cmploymc-]], ,ti that pmpe~ty
Maxime landscaping begain its operations in 199'1. All otn equipment ts warehouse and
maintained on a daily dasis .Our equipment is maintained at the hghcs! standards in the
mdustD as~d at the manuthcturers reconanendation I attended 1C,q qchool for equipment
~uaintenance
References
shore-Boynton beach phone (561)737-8740 ',L/Z[ - [-~,~
P'd]lll
Bethel Baptist Church-Delray beach phone (56 I)266-5957~f2-~
l.inton Gardens Condomi=fium-delray (561)274 6711 .(561 )499
Princeton place Boynton Beach (561)733-294
HECA A'r Lake worth rd (561)969-2279 [e~c~x W~oS%~0t~r,' ,
License by palm Beach county
lnsm'ed by All State Insurance for liability and comprehensive property cove[age
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~C1TY MANAGER
SUBJECT: AGENDA ITEM q~ - REGULAR MEETING OF APRIL 17, 2001
LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS
DATE: APRIL 13, 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 the recommendations of the Lien Review Advisory Committee, concerning
outstanding liens on various properties, however, I question automatically waiving liens under $200,
especially the newer ones.
Ref:Agmemoll.L~enReview.04.17.01
Date: April 11, 2001 Agenda Item No.
AGENDA REQUEST
Agenda request to be placed on:
X Regular
When: April 17, 2001
Description of Agenda Item:
Lien Review Advisory Committee
__ Special __ Workshop __ Consent
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attomey 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
Memorandum
To:
From:
Re:
David T. Harden, City Manager
Lula Butler, Community Improvement Director
April 9, 2001
Lien Review Advisory Committee
ITEM BEFORE THE COMMISSION
City Commission consideration to accept the recommendations by the Lien Review
Committee concerning the disposition of outstanding hens on the files enumerated below.
Advisory
BACKGROUND
The third 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 March 20, 2001. Twenty-two nuisance abatement customer files were
reviewed and the following recommendations made:
Nuisance Abatement Files
1. Files Recommended for No Further Action:
· Customer 92
· Customer 256
· Customer 395
· Customer 479
· Customer 5102
· Customer 5319
· Customer 5386
· Customer 5427
· Customer 6258
· Customer 6519
· Customer 6570
· Customer 6693
Ethel Scott Estate
Jacquel Dawson
Joan Weir
John Moore
Molly Bowles
Fdtz Pierre
Wayne Rozeke
Woodbrook Condominium Association
Ora Wallace Estate
Kevin and Angie Ballard
Frank Howard
Curtis and Zedean Williams
· Page I
2. Files Recommended for Lien Write-Offs:
The committee voted to recommend writing off each file with an amount due
of $200 or less which included the following:
· Customer 281 Francine Clinton; amount due $178
for one 1988 nuisance abatement; out of pocket cost $50.
· Customer 5188 Arnaut St. Fleur; amount due $106
for one 1994 nuisance abatement; out of pocket cost $50.
· Customer 5482 Keith Mohammed; amount due $178
for one 1995 nuisance abatement; out of pocket cost $51.
· Customer 6144 Louis LaJeune; amount due $167
for two 1996 nuisance abatements; out of pocket cost $63.
· Customer 6150 Susan Pattison; amount due $121
for one 1996 nuisance abatement; out of pocket cost $16.
Customer 6361 Pastoria Johnson; amount due $181
for one 1997 nuisance abatement and a 1999 removal of junk
car; out of pocket cost $55.
· Customer 6923 Keith Atkinson; amount due $131
for one nuisance abatement in 1997; out of pocket cost $32.
3. Additional Files Recommended for Lien write-offs:
Customer 206 Joseph Jean
Reduce $405 balance to $88 (the actual out of pocket cost)
providing the reduced balance is paid within 30 days after
Mr. Jean receives notification. There may have been a
language barrier and all files are old (1987, 1988 and 1992).
Customer 6044 Cad J. Carter
Mr. Carter is deceased. He owned property at 315 NW 12~
Avenue, which was boarded up on an emergency basis in
December 1995. The only address on file for Mr. Carter prior to
the emergency action was 315 NW 12~ Avenue. After the job
was completed, Mr. Carter's widow visited our office and
reported the family's address as 241 NW 9th Avenue. Because
Mrs. Carter did not receive notice before the board up was
· Page 2
[lTV OF DELRI1¥ BEI1[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 Line: 561/243-7091
AII.Amedca City
1993
DATE:
TO:
FROM:
April 9, 2001
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Agreement Between the City and Florida Public Utilities Co.
Florida Public Utilities Company (FPUC) owns property located at 325 N.E. 2nd Street.
The Fire Department would like to use the parking lot that is located on the west side of
the building to stage personnel and apparatus during the hours of the Delray Affair in
order to respond to events in the downtown area.
FPUC has requested this Agreement from the City in order to provide that if a City
employee, City vehicle, or person invited onto the premises by the City is injured from
the use of the premises, the City will not hold FPUC responsible for such injury or
damage.
Our office would request that this item be placed on the April 17, 2001 City Commission
agenda. Please call if you have any questions.
Attachment
CC:
Barbara Garito, Acting City Clerk
Kerry Koen, Fire Chief
AGREEMENT BETWEEN THE CITY
OF DELRAY BEACH AND FLORIDA PUBLIC UTILITIES CO.
THIS AGREEMENT, is entered into this day of ,200_ by and
between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY")
and FLORIDA PUBLIC UTILITIES COMPANY, (hereinafter referred to as "OWNER").
WITNESSETH:
WHEREAS, OWNER owns property located at 325 N.E. 2nd Street, Delray Beach,
Florida, and has consented to allow the CITY the use of the parking lot on the west side of the
property to be used as a staging area for the CITY'S Fire Department during the Delray
Affair, April 20-22, 2001; and
WHEREAS, the CITY agrees to be responsible for any injury to any CITY employee
or person invited onto the premises by a CITY employee or any damage to CITY property as
a result of the CITY'S use of the west parking lot and shall not hold OWNER responsible for
those injuries or damages.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. OWNER is the owner of property located at 325 N.E. 2nd Street, Delray
Beach, FL 33444.
3. The CITY shall be responsible for any injury to any CITY employee or person
invited onto the premises by a CITY employee or any damage to CITY
property as a result of the CITY'S use of the west parking lot and shall not hold
OWNER responsible for those injuries or damages.
4. The CITY shall provide OWNER proof of self insurance, see Exhibit "A".
5. All notice required or allowed by this Agreement shall be delivered in person or
mailed to the party at the following address:
CITY: City of Delray Beach
c/o Fire Chief
501 W. Atlantic Avenue
Delray Beach, FL 33444
OWNER: Florida Public Utilities Co.
Marc L. Schneidermann
Division Manager
401 South Dixie Highway
West Palm Beach, FL 33401
6. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida with venue in Palm Beach County, Florida.
7. This Agreement constitutes the entire agreement and understanding of the parties.
There are no representations or understandings of any kind not set forth herein.
Any amendments to this Agreement must be in writing and executed by both
parties.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and
year first written above.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attornqy
WT SS S: ,
(Print or Type Name)
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
(Print or Type Name)
STATE OF
COUNTY OF
(SEAL)
The foregoing instrument was acknowledged before me this Q¢4~ day of
~ID~i ' ,2001 by ~O\x~. -'T ~v~.~i~l~ (name of officer or agent), of
~1~1 ¢~_[~/~- [.~.h'[,'hc L~, (name of corporation), a PTC (State or place of
incorporation) corporation, on behalf of the corporation. H__e/She is personall3~.known to me or
has produced (type of identification) as identification and did/did
not take an oath.
(SEAL)
Signature of Notary Pff61ic -
State of
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
Agenda Item ~5~./~//. City Commission Meeting April 17, 2001
Historic Delray Green Market/Relocation
DATE: April 12, 2001
Action
City Commission is requested to consider approval of the Historic Delray Green
Market request to relocate to Worthing Park for the remainder of this season which ends
May 5th.
Background
Attached is a request received from Lori Moore, Green Market Manager
requesting permission to move the Green Market to Worthing Park for the remainder of
the Green Market season which ends May 5th. This would include the remaining
Saturdays until May 5t~ except the weekend of the Delray Affair.
On four different occasions this market season we had to move the Green Market
due to events at the Tennis Center. Last week because of the education event at Old
School Square we moved the Green Market to Worthing Park instead of N.E. 1st
Avenue.
Staff as well as Commission reluctantly approved locating the Green Market to
the Tennis center Parking lot last June. The Tennis Center parking lot site has caused
some parking problems. It has been difficult to accommodate parking for the Tennis
players and the Green Market. The CRA Board approved this request at their April 12,
2001 meeting.
Recommendation
Staff recommends approval of the request to relocate the Green Market to
Worthing Park until the season ends May 5, 2001 except for April 21, 2001, which is the
Saturday of the Delray Affair.
RAB/tas
Filc.u.sweency/asmemos
Doc:Memo to DTH re Green Market Relocation
10,2001
RECEIVED
APR 2001
AS,'-'S I ~ TAN T
OITY MANAGER
Mr. Robert A. Barcinski
Assistant City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
RE: Green Market Relocation
Dear Bob:
As you know the Historic Delray Green Market relocated to Worthing Park last Saturday, April 7th
because the Williams sisters were having an event in the tennis center and there was another function
at Old School Square. It was by far the most successful market this year. The customers and the
vendors were very pleased with the location. Enclosed are some letters that I have received in favor
of Worthing Park as a permanent home for the market.
I would like to keep the market in the park for the last four weeks of this year's season and would
like your permission to do so. The CRA Board will be discussing this at their meeting on Thursday
night, and hopefully they will approve requesting City Commission's approval to move the market
to Worthing Park on a permanent basis.
Thank you for all of your assistance.
Moore
Market Manager
Community
Redelopment Association
Dear Director,
April 9, 2001
REC,
CITY k,,'l ,~,, i~ ,~ G ~,
Last Saturday April 7, 2001 the Green Market of Delray
Set up for business at Worthing Park on Atlantic Ave at Second
St. The vendors Respectfully request that location as a
permanent site. It was compact, with foot traffic and charming.
The Nomad scheduling has hurt business and the West Delray
location has been borderline . Over 30% of the venders who
started the season have left to go to the Green Market in
Boca Raton, and are staying there. I personally took a Saturday
off to visit with them at the Boca Raton location. They
were smiling and happy. There was music, the fee is only
10% of sales not to exceed $20.00 a Saturday, on the honor
system. The City of Boca Raton sponsors this project and
Emily Lilly is always there, very helpful and much liked.
We venders in Delray are staying for the end of the
season; however unless there is a change most vendors will
go to Boca Raton with regrets because we feel a love and
loyalty to Delraytand to the Community Redevelopment Association.
Copies to:
City Manager Mr. David Harden
Vendors
Respectfully yours,
Catherine Marshall
812 N W 30th. Ave. D
Delray Bch. Fl. 33445
(561) 243 0007
~PR-~9--01 ~02 PM I~CLE~ON CHIRO FL 5618658~90 P.02
INCLEDON CHIROPRACTIC
DR. JAME~ INCLEDON
14.~90 Military Trail, Su:te E6
Delray Beach, FL 33484
CltIROPIMCT~C
Phone: (561) 86.s-8390
April 9, 20OI
. Ms Lo~i Moore
24 N Swinton Avenue
Delray Beach, FL 33444
Dear Lorl,
Just a short note to thank you For the great effort you have expended this past year in trying to
make the Green Market a successfid c~deavor for ~ tile City of Dclray and the vendors who pamc~pate
m it Your wdlingness to dialogue about ways to improve the Green Market Is very much appreciated,
I felt that the placement of this past weekend's market was a great success for the following
masons v~sibility oi~the event by passers by, the availability of ample parking adjacent to the event, and the
shade afforded the vendors and patrons are just a few of the reasons why th~s should be considered as a
permanen! Iocatm~ for the Green Market
Comments fi.om the people who support our efforts on a weekly basis and the many new faces we
saw should bear evidence that th~s would be a good move for the Green Market I wo~dd urge that you
convey d~ese comments ~o the Board of Directors of the CRA of Delray Beach
Thank you, again, and I'll see you on Saturday '-)
Sincerely,
Dr. James D. lncledon
Chiroprachc Physician
Kim Layzell Urquhart
1780 Palm Cove Blvd.,
Dekay Beach, Fl. 33445
Tel. (561) 330-7463
04.09.01
Jobai Weaver
Chairman Community Redevelopment Agency,
Delray, Beach, Florida.
Dear John,
My name is Kim Urquhart. I am a vendor at the Delray Green Market selling home baked
gourmet dog cookies. This past Saturday the market was held at the Worthing Park on
Atlantic Avenue. I have to tell you it was wonderful. My customers loved the location
because of the ambiance and the convenience of the location. I loved it for the same
reasons plus I made twice the amount that I had in the proceeding weeks.
We had a lot of customers who were just strolling the avenue and had no previous
knowledge of the green markets existence.
Please can we continue to hold the market at Worthing Park. I had intended not to be at
the market for the next couple of weeks because business had been so bad. It was my
intention not to attend the market until the last one of the year - with the chili cook off-
thinking that the chili cook offwould bring in more business. However, if the market is
held at the Worthing Park I shall be there each week.
Sincerely
Kim Urquhart ~.~.
~PR-~9-81 ~ :01 PM INCLEDON CHIRO FL 5618658~90 P.01
4807 Gateway Gardens Drive
Boynton Beach, FL 33436
April 9. 2001
Board of' Directors
City of Dclray Beach
CRA
R~: Green Market
I would like the Board of Directors to know that the Green Market this past
weekend was absolutely delightful! The new location in the little park with its trees and
benches made the ambience so much more pleasant and interesting and conducive to
shopping and socializing with the vendors and other shoppers,
in speaking with other shoppers, they felt similarly about the change of venue
would urgc that the Board consider the location in that park for the year of fall/winter
2001-2002.
Thank you
Sincerely,
Vera & John lncledon
APR--l~--01 TUE 15:48 DESIGN A SHA~E 40? 24~ ~117 P.~I
Ccmanurdt¥ Redevelopment ~ienc.y
To: mori Moore, Green ~ar~t Hanager
Fax~: (561) 276-8558
From: Kim McKinney, Afr~Cadbbean Folk Artist
P.O. 8ox 303Z Oelr~ Beach FI 33447 (561)
Sharon Jo~s, ~ram~ A~t, Oaphne ~well, Fi~r A~ist
Date: April 10, ZOO1
Re: Oh, how we love the Delray Green Market
Lorit
We ~ust wanted to take the time out to tell ~'ou how much we have
,appreciated the opportunity the Delray Green Market has given us as an
Artist. and Vendor,
We have enjoyed participating, as vendors and are thankful for the
opportunity the market has given us to showcase our creative wares to
the oommunity.
Although we have enjoyed the market setting at the Tennis Court, we have
fallen in love with the Worthing Park location. Worthing Park is an
ideal, setting for the De[ray Green Market. This IDeation creates an
ambiance unlike anything we have seen at local Green Markets in Palm
Beach County. We found that not only did the Worthing Park setting draw
more customers, it also offered an intimate community setting, that Delray
Beach is known for.
We also realize that the success of the Delray Green Market does not
happen by accident and that it is the result of your 'hands on" professional
management style, vibrant personality, and wonderful staff that makes
Delray Green Market stand Out from others.
Delray Beach is fortunate to have a Green Market that coordinates the
best in vendors and products which reflects the beauty of Delray Beach and
you.
Lori, you're the best and we applaud your commitment to the Delray Beach
Green Market,
Sincerely,
Klm, ~;'harpn and Daphne /
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM q f--. - REGULAR MEETING OF APRIL 17~ 2001
POLICE RECRUITMENT & RETENTION INCENTIVE PROGRAM
DATE:
POLICY
APRIL 13, 2001
This is before the City Commission to consider the adoption of a Police Recruitment & Retention
Incentive Program. The policy would be available to All Employees, sworn and non-sworn, to be
compensated for recruiting any candidates who are hired by the Chief of Police.
Employees will be offered incentive bonuses for every candidate they recruit. This bonus will be
established by the City of Delray Beach and the Police Department. The requirement for receiving
the incentive bonus is that the candidate successfully completes the hiring process, and all required
training for the position they have been hired.
Any employee, who recruits a candidate that is ultimately hired and completes the required training,
shall be eligible to receive a salary incentive bonus of $1,000.00. The recruiting employee would
receive $300.00 at the time the recruited employee is hired and $700.00 once the recruited employee
has completed the required training.
In addition to the cash incentive bonus, the recruiting employee will receive additional Personal Days
if the candidate remains an employee of the Delray Beach Police Department at a rate of one (1)
additional day per year for the next five (5) years.
I recommend approval of the Recruitment & Retention Incentive Program as presented by staff.
Ref:Agmemo 11.Recruitment & Retention Incentive Program.04.17.01
04/11/01
15:49 FAX 561 245 7815
DELRAY BEACH POLICE DEPT ~ CITY liANAGER
~ 001
DRAFT .. 11107/9S (03/0S/01)
General Order:. (new)
Subject: Recruitment & Retention Incentive Program
Distribution: Ali
Issue Date:
I. POLICY
I1.
All employees, sworn and non-sworn, am encouraged to and will be
compensated for recruiting any candidates who am hired by the Chief of
Police.
PROCEDURE
1.0
Employees will be offered an incentive bonus for every candidate
they recruit. This bonus will be established by the City of Delmy
Beach and the Police Department. Candidates may be sworn or
non-sworn. The requirement for receiving the incentive bonus is
that the candidate successfully compl~ the hiring process, and
ali required training for the position they have been hired for.
1.1
Any employee who recruits a candidate that is ultimately
hired and completes the required training, shall be eligible
to receive a salary im~tive bonus of $1000.00. The
recruiting employee would receive $300.00 at the time the
recruited employee is hired, and $700.00 once the recruited
employee has completed the required training.
1.2
In addition to the cash incentive bonus, the recruiting
employee will receive additional Personal Days if the
candidate remains an eltl~lovee of the Delrav Beach Police
Deeartment The Personal Day incentive bonus would be
as follows:
ao
Afl. er the recruited employee successfully completes
his/her probation period, the recruiting employee
would begin recei,'ving one (1) additional Personal
Day per year for the next five (5) year.
The Personal Days would be awarded annually and
must be used by September 30e of each year. The
Personal Day coUld not be carried over to the next
04/11/01 15:49 FAX 561 243 7816 DEl,RAY BEACH POLICE DEPT ~ CITY I/ANAGER ~002
2.0
3.0
4.0
Fiscal Year or accumulated during the five year
period:
The Personal Days would be awarded in addition to
the recruiting employee's normal annual Personal
Holiday. The, recruiting employee could not
accumulate more 'than three (3) Personal Days during
any, Fiscal Year.
1.3
Any employee who recru~ a qualified candidate shall
complete a Recruiting Referral Form and forward it to the
Recruiting Section of Administrative Services.
ao
If at any lime during the recruiting process, the
candidate is dropped or ultimately not hired, the
recruiting person ,will not receive an incentive bonus.
It will be Administrative Services' responsibility to
track the candidaies through the hiring process.
All employees are eligible for incentive bonus and Personal Days
except for members of the Administrative Service Division, the
Chief of Police, his/her Command Staff, and any employees who
are assigned to the Criminal JuStice Institute.
2.1
When a recruited candidate is hired and successfully
completes their required.training program, the Administrative
Services Division will complete a Recruitment Authorization
Form noting that a specific Police Department employee
recruited the hired candidate.
2.2 All information on a candidate and their recruiting party will
be kept in an Employee Recruiting Log, which will be
maintained in Administrative Services.
Once the recruRing employee ibecomes eligible for the incentive
bonus, a copy of the Recruitment Authorization Form, Employee
Recruiting Log and a cover memorandum stating the recruiting
employee as become eligible for the incentive bonus will be
fonvarded to the Chief of Poli~e for approval. Once approved, it
will be sent to the Department's Payroll Administrative Assistant for
payment to the recruiling employee.
The Retention Manager will track the recruited employee during
the first five (5) years with the Department. On each of the first five
(5) anniversary dates, the Retention Manager will forward to the
04/11/01 15:49 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~ CITY ~[ANAGER ~003
Chief of Police, for his/her approval, verification that the recruiting
employee has become eligible for the additional Personnel Day.
The management of the Personnel Days will remain with the
Department's Payroll Administrative Assistant.
[IT¥ (IF DELR;I¥ BErI[H
CiTY ATTORNEY'S OFFICE
DELR^Y BE^CH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line: 561/243-7091
Ali.America City
1993
DATE:
TO:
FROM:
April 6, 2001
City Commission
David Harden, City Ma~_.ger
Brian Shutt, Assistant City Attorney
SUBJECT: Proposal for Settlement in Fashaw v. City of Delray Beach
The City has received a Proposal for Settlement from the Plaintiff in the case of Cynthia
and George Fashaw versus the City of Delray Beach.
This action arose out of an auto accident that occurred on September 29, 1997. A
Delray Beach fire truck was responding to a call of a vehicle fire on the exit ramp of
northbound 1-95. The fire truck left fire station #1, with lights and siren, and proceeded
west on Atlantic Avenue, upon reaching the stoplight just east of the 1-95 overpass the
fire truck proceeded to travel on the north shoulder of Atlantic Avenue, as both lanes of
travel were stopped for the stoplight, and attempted to make a left turn across Atlantic
Avenue to proceed up the exit ramp for northbound 1-95. At the time the fire truck was
attempting to make the left turn across Atlantic Avenue, the stoplight turned green and
the Plaintiff who was in the left lane of westbound Atlantic Avenue proceeded to go
forward and the fire truck and Plaintiff's vehicle collided. The Plaintiff's car was the
only car that proceeded when the stoplight turned green.
The Plaintiff's complaint alleges negligence against the City and neck and back injuries
to the Plaintiff as well as a loss of consortium from her husband.
The Proposal for Settlement filed by Plaintiffs' attorney is for $10,000.00 inclusive of
fees and costs. Our recommendation is to deny the Proposal for Settlement. Please
place this item on the April 17, 2001 City Commission agenda. If you have any
questions, please do not hesitate to contact me.
CC:
Barbara Garito, Acting City Clerk
Chief Koen
¢,7
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~5~fi~
AGENDA ITEM ~r_ REGULAR MEETING OF APRIL 17, 2001
APPOINTMENT TO THE CIVIL SERVICE BOARD
DATE: APRIL 13, 2001
The term for Allen P. Huntington, regular member expired on April 1, 2001. Mr. Huntington
was appointed as a regular member m April 1999, therefore he is eligible and would hke to be
considered for reappomtment. Attendance records are attached. The term is for two years
ending April 1, 2003.
According to the Civil Service Act, there are to be five (5) regular members on the Civil Service
Board; three (3) of which are to be of different vocauons or vocational backgrounds, not
employed by the City in any capacity, official or otherwise and appointed by the City
Commission. Eligible City employees elect two (2) regular members. In addiuon, there are two
(2) alternate members. The appointee need not be a resident, property owner or business owner
within the City.
The following persons have submitted apphcations for consideratton:
Allen P. Huntington (incumbent)
A1 Nathanson
Morris Weintraub
Pursuant to Commission direction, a check for possible code violations and municipal liens was
conducted. None were found.
Based on the rotation system, the appointment will be made by Commissioner
Recommend appointment of one regular member to the Civil Service Board for a two year term
endmg April 1, 2003.
boardcomrmsslon memo c~vllscr~ I~t 417 I)1
0
DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name: ·
2. Home Address~
Ic' ri {...~u,~.c,e,,_.
3. Legal Residence:
City
City
State
State
4. Prindpal Business Address:
5. Home Phone:" [ Business Phone:
3~/- ~YZ-V~ a~9
6. What Board(s) are you interested in serving?
Zip Code
Zip Code
Zip Code
7. List all City Boards on which you are~ currently serving or have previously serve& (Please include dates)
8. Educational qualifications:
9.
List _any related professional certifications and licenses which you hol&
10. Give your present, or most recent employer, and position~
11. Describe ~xpefiences, 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 forfeitur~~:p~ appointment I may receive.
s~o~aAVtnte APR o,t 2OOl DATE
CITY 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~C ITYCLERKXBOARD~kPPLICATION
~4/15/1999 07:10 15g13385995 PAi:~iE
Allen P. Huntington, MBA
1011 Langer Way, DMray l~aek, ltl 334R3
(561) 243-4789 of (561) 278-5817 e-mail: Aphunt~bellsouth.ne~
So~king manag~ne~! oppo~xmit~ to utilize 15- yea~ of egCl~ence in mazxag~ment, comput~ ope~ai~$ and
accotmthtg.
0
ADM/NISTRATION & MANAGF. MENT
Trained supervisors on new comgq2m-i2~ ticket sales system.
Maintained mernbcrship records for Delray Beech Chamber of Commerce.
Managed small office f~r local commnter rail service.
Managed satellite office f~ savings and loan Institntion.
Past president of homeowner's association.
Supervis~ of electronic dq~rtment for office equipment retailer.
COMPI[rrgR TECRNOLOGY & INSTAI.I.ATION
Dev¢lop~ corn~ program to generate and control pa.woB budg~
Created computer program to maintain ticket distribution control to help pj~zvent fraud fof EDP
depmnmcnt.
Conch~eted computer network system audixs to help improve infofmation proc_~___si_ng.
Maintained computerized ROLM phone systean and computerized building security systenL saving
hard drive manufacturer hundreds of dollars monthly.
Experienced in Microsoft (DOS, Windows 3.1, Windows 95, F. xod, Word, Wofks), LA_Ntastic, Quicken
and l. xmas 1-2-3.
Technical experience in installation ofsoRware, scanners, printers end memory on IBM PC compatibles.
Proc, essed A/R and delinquent ac. coants fof Delray E~ach Chamber of Commerce.
Controlled and audited substantial daily revenu~ for a ,,oaanuter raft sca'vice.
Audited and proc_ _~-__,~ed ticket refund vouchers for local commuter rail servia.
Proee_ __-~ A/P for hard drive manufacturer.
Past treasurer of homeowner's association.
I~OgI,~IONAL KXI~Itl'g-NCE
1996-Present
1996-1997
1995
1991-1995
198g-1991
1984-1988
Ddray ~ Chamber of Commerce
Tri-Connty Commuter Rail Authority
ATE Managea~nt
S~agate Technology
~ars, Town Center Mall
Boca Raton, FL
Delray Beach, FL
Ft. Laadetdale, FL
Pt. Lauderdale, FL
De. tray Beach,. FL
Boca Raton, FL
Master of Bu$1neas Administration
Bachelor of Science in Administratioa
New Yofk Institute of Technology Boca Raton, FL December 1996
Lynn University Boca Raton, FL May 1986
CITY OF DEL~4,Y BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the followin~ information:
3. Legal Residence
4. Principal Bus~'rAddress:
5. HomePhone:.l..7~ -'2~ t.~ /
City
City
Business Phone:
e
State
State
Middle Initial
Zip Cod~
Zip Code
6. _Wha/t Board(s) are ydfi interosted in serving? -- Ct. mC
. y, t c , /vu,y rc
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
7 Educational qualifications: ~/ 5 0L p~ge'~ tgi
9. List any related professional certifications and licenses which you hold:
10. Give your present, or most recent employer, and position:~,~.~ I'~ [3
Describe el~periences, skills or knowledge which qualify you t0 serve ~n this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any
misstateraent o£ m,teria, ,acts containe~ ~ ~ ~ion may c~ose ~,to~ upon m~ ,~
~ FEB 122001 q ~1
SIGNATU~ DA
CITY CLERK
.ore: 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.
~ITYCLERK ~,OARD~I~PPLI CATION
, .I~ELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name::
2. Home Address:
3. Legal Residence
Name
City
City
Principal Business Address: City
Home Phone: ('5-~o~)m 7~/- / fi' ~ Business Phone: (
What Board(s) are y ' terested in serving? .
/
State
' Slate
State
Middle Initial
Zip Code
Zip Cod~
Zip Code
C/?,-L
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
8. Educational qualifications:
9. List any related professional certifications and licenses which you hold:
10. Give,your present, or most recent employer, and position:
11. Describe experiences, skills or knowledge w~ch q~li~ you to se~e oa th~s ~md: (Ple~e a~ch a brief resume)
I hereby certi~ that afl the above statements are true, and I agree and understand that any
misstatement of material facts contained in this appfication may cause forfeiture upon my part
of any appointment I may re£eive. RECEIVED
SIGNA~ ...... ~
CITY 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~ClTYCLEJ[K~I~OARD~J~PLI CAT1 ON
C,I T~Y ~'C: O MM I S SI,ON i30 CUM ~Ni'iA'¥i~0~,N'~
TO:
FROM:
SUBJECT:
D AVI~RDE~MANAGER
PAUL DORLI~IG, DIRI~CTpR OF PLANNING AND ZONING
MEETING OF APRIL 1T,, 2001
CONSIDERATION OF A WAIVER REQUEST TO REDUCE
THE
PARKING REQUIREMENT FOR "ELIZABETH'S ON 7~-H''
RESTAURANT BY ONE SPACE IN ORDER TO SAVE A SPECIMEN
TREE.
The subject property is located on the east side of SE 7th Avenue, approximately 100'
south of Atlantic Avenue. The site contains an existing house which has been converted
to a beauty salon, and an associated parking lot. At its meeting of March 21, 2001, the
Historic Preservation Board approved a site plan to convert the structure to a restaurant
called "Elizabeth's on 7th ". As a condition of approval the applicant has redesigned the
parking lot to accommodate all but one of the 21 required parking spaces. The applicant
has requested an in- lieu fee option for the remaining space and that request is before
the City Commission as a separate agenda item.
The redesign of the parking lot would require removal of a very large mature black olive
tree. If a waiver is granted to reduce the parking requirement by one parking space the
tree could be accommodated within a landscape island. It is noted that prior to the
rewriting of the Land Development Regulations in 1990 the code contained an option to
allow substitution of required parking to save specimen trees.
The Black Olive Tree is approximately 30 to 35 years old with a trunk diameter of 30"
and a height of 40 feet. The tree is in excellent condition and requires only minor
structural pruning. The tree canopy provides shade to the existing building and covers
roughly one third of the site. The removal of the specimen tree would drastically change
the character of the property and reduce the benefits provided by a tree of this size.
Such benefits include energy conservation and a reduction in air conditioning costs due
to the shade provided by the tree canopy. Other benefits are the filtering of air
pollutants, and a decrease in water demand for understory plantings.
Pursuant to LDR Section 4.4.13(G)(1)(a) 21 parking spaces are required. A waiver
request for a one-space reduction to accommodate an existing specimen tree is
proposed. The waiver of this requirement can only be granted by the City Commission.
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATIOH
PAUL DORLING, DIRECTOR ~/PLANNING AND ZONING
SCOTT PAPE, SENIOR PLANNER~.~~-~~
MEETING OF APRIL 17, 2001
APPROVAL OF A WAIVER TO THE HEIGHT REQUIREMENT IN THE
OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) FROM
35' TO 38' 8" FOR A PROPOSED BAND SHELL AT OLD SCHOOL
SQUARE LOCATED AT THE NORTHEAST CORNER OF EAST
ATLANTIC AVENUE AND NORTH SWINTON AVENUE.
On January 22, 2000, a design charrette was conducted for the proposed expansion of
the Old School Square facility. As a result of the charrette, a multi-phased master plan
was developed. Phase I includes construction of an outdoor band shell/amphitheater,
and ancillary support structures. Phases II and III of the Master Plan includes
acquisition of the CRA parking lot, construction of a multi-level parking garage and
additional cultural facilities.
At its meeting of April 4, 2001, the Historic Preservation Board approved site and
development plans for Phase 1, which includes a band shell, concession/restrooms/light
& sound building and loggia. The development proposal included a waiver request to
increase the height of the proposed band shell from 35' to 38' 8".
Per LDR Section 4.3.4(K), the maximum allowed building height in the OSSHAD zone
district is 35'. The proposed band shell exceeds the maximum building height as the
mean height between the eaves and ridge is 38' 8" from grade. The applicant requests
a waiver from the building height pursuant to LDR Section 2.4.7(B)(1)(b), which allows
the City Commission special powers to grant a waiver to any provision of these
regulations when there is no other avenue for relief. Pursuant to LDR Section
2.2.6(D)(6) and 2.2.4(D)(3), the Historic Preservation Board is prohibited from granting
variances to the height regulations.
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall
(b) Shall
(c) Shall
not adversely affect the neighboring area;
not significantly diminish the provision of public facilities;
not create an unsafe situation; or,
(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 applicant has submitted a justification statement as follows:
"...In this case, we have designed a stage to the anticipated audience which
determines the proscenium opening size. The height is a relationship of the
width and depth of the stage and in order to make the stage technically correct,
the roof becomes 3' 8" higher than allowed. It is important to note that the stage
- in order to work - has been raised three-feet from grade partly causing this
height issue. This building is within the context of the existing theater building
and will be lower than the existing theater.
Granting this variance (waiver) is not contrary to the public interest, safety, or
welfare. It will not diminish the historic character of the Historic District or Site,
and the variance (waiver) requested is the minimum necessary to effect the
adaptive reuse - site expansion and use - of this site."
The applicant submitted a separate letter in response to staff's technical comments that
provides additional justification for the waiver as follows:
"We are 38' 8" high measured to the mean distance of the roof slope from
finished grade. Our finish floor is three feet above grade. The proscenium
opening is a function of the width and depth of the stage. The stage is sized for
the anticipated audience. The structure above is sized to clear span the stage.
The roof at 4:12 slope is preferable for the installation of barrel tile. In order to
make this design function as it technically should, the height cannot be reduced.
Lastly, this roof does not exceed the height of the existing theater building and is
therefore in scale with its' surroundings."
The Cornell Museum is approximately 32.5'-high to mean point between the eave and
top of roof and is 41.5'-high to the top of the widow's walk. The overall height to the top
of the parapet of the Crest Theater is 44.91'. The proposed height of the band shell will
not have a detrimental impact on adjacent properties with respect to shadowing or
massing. The additional 3' 8" in height will not create an unsafe situation, will enhance
a public facility and will not result in a special privilege. The applicant has indicated that
the height of the proposed band shell is predicated on the acoustics as well as the
audience area and will be the optimal facility for this seating area.
By motion, approve the waiver to increase the height of the band shell from 35' to 38' 8"
based on a positive finding with respect to LDR Section 2.4.7(B)(5).
Attachment: Building Elevation
I I
'Ii
100
ANNOUNCEMENTS
I~ NOTmE~
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
The City Commission of the City of Delray Beach, pursuant to Section 30.15 of the
Code of Ordinances of the City of Delray Beach, will consider a waiver to LDR Section
4.3.4(K), "Development Standards Matrix", to allow an increase in the height of the
bandshell/stage located at Old School Square, at the N.E. Corner of Atlantic Avenue
and Swinton Avenue (51 N. Swinton Avenue), from the required thirty-five feet (35') to
thirty-eight feet, eight inches (38' 8") in order to accommodate the technical
requirements based on the width and the depth of the stage.
A PUBLIC HEARING will be held on Tuesday, April t7, 2001 at 7:00 p.m. (or at any
continuation of such meeting which is set by the Commission), in the City Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, at which time the City
Commission will consider its adoption. The waiver is as follows and all interested
persons will be given the opportunity to be heard.
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 hearing, such person will
need to ensure that a verbatim record includes the testimony and evidence upon which
the appeal is to be based. The City does not provide nor prepare such records.
Pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Barbara Garito
Acting City Clerk
PUBLISH: Delray Beach News
Boca Raton News
Regular Commission Meeting
August 3, 1999
B. ORDINANCE NO. 28-99 (FIRST READING/FIRST PUBLIC HEARING):
An
Co
n °
ordinance amending Section 4.6.9, "Off Street Parking
Regulations", Subsection (C), "Number Of Parking Spaces
Required", dealing with parking requirements for certain mixed
use projects.
REQUEST FOR SIGN CODE WAIVER/ATLANTIC REFRIGERATION: Conduct
a public hearing and consider a request for a waiver to the
provisions of LDR Section 4.6.7(E) (7) of the sign code to
allow two proposed flat wall signs for Atlantic Refrigeration,
1255 N.W. 17th Avenue, which exceeds the maximum number of
signs permitted by code.
ORDINANCE NO. 27-99 (FIRST READING/TRANSMITTAL HEARING FOR
11.
COMPREHENSIVE PLAN AMENDMENT): An ordinance adopting an
amendment to the Comprehensive Plan to address the siting of
public school facilities and policies regarding
intergovernmental coordination.
Comments and Inquiries on Non-Agenda
Immediately following Public Hearings.
Items from the Public-
A°
City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 29-99 (POLICE & FIRE RETIREMENT PLAN): An
B o
ordinance amending Chapter 33, "Police and Fire Departments",
Subheading "Pensions", of the City Code to enhance certain
retirement benefits to participants of the Police and
Firefighter's Retirement Plan by increasing certain
multipliers, by allowing changes in the beneficiary after the
retirement date and eliminating offsets for disability
retirees. If passed, a public hearing will be scheduled for
August 17, 1999.
ORDINANCE NO. 30-99 (GENERAL EMPLOYEES RETIREMENT PLAN): An
ordinance amending Chapter 35, "Employee Policies and
Benefits", Subheading "Retirement Plan", of the City Code to
enhance certain retirement benefits to certain participants of
the General Employees Retirement Plan by changing the normal
retirement date, providing for no employee contributions,
[IT¥[tELRL:! BEREK
CITY ATTORr,!:.¥'S OFFICE
DELRAY BEACH
~l.,k~edca City DATE:
1~93
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
MEMORANDUM
April 6, 2001
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
~;UBJECT: Ordinance No. 21-0 1- Docking at Veteran's Park
Our office has reviewed the Florida Statutes in respect to Chapter 92 of the City's Code of
Ordinances to determine the extent of permissible regulation.
Florida Statutes 327.60 precludes local governments from regulating the anchorage of non-
live-aboard vessels engaged in the exercise of rights of navigation. There are no Florida
cases interpreting the "rights of navigation". The Attorney General has opined that rights
of navigation include incidental rights such as the right to anchor and to moor. (127 Op.
Atty. Gen. 1985). The Attorney General also refers to the concurrent rights of others not to
be unreasonably obstructed in the pursuit of their rights of navigation. A case from
Michigan holds that the public right of navigation does not include, as incident thereto, the
right to anchor indefinitely. (Hall v. Wantz, 57 N.W.Ed 462 (Mich. 1953).
It is our office's opinion that prohibiting indefinite anchorage at Veteran's Park would not
interfere with the rights of navigation of a person. To the contrary, providing for indefinite
anchorage at Veteran's Park would interfere with the rights of navigation of others who
also have an incidental right to moor at Veteran's Park.
The ordinance; as submitted, includes an increase in the mooring time at Veteran's Park to
3 hours in any one-day or 21 hours in any one-week period. The ordinance as amended,
prohibits the use of City electricity and other utilities belonging to the City or discharging
any unsanitary material while moored. Further, the ordinance references the restrictions
regarding Live Aboard Vessels, as currently contained in the Land Development
Regulations.
Please place this matter on the April 17, 2001 City Commission agenda for first reading.
Please call if you have any questions.
SAR:c~
Attachment" "
cc: Barbara Garito, Acting City Clerk
Joe Weldon, Director of Parks and Recreation
Paul Doffing, Director of Planning
Cathy Kozol, Police Legal Advisor
Lieutenant Mark Woods, Dekay Beach Police Department
ORDINANCE NO. 21-0 !
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND
BOATING", BY AMENDING HEADING, "GENERAL PROVISIONS",
SECTION 92.10, "MOORING TO PUBLIC PROPERTY", TO SPECIFY THE
LENGTH OF TIME A PERSON IS PERMITTED TO DOCK AT VETERANS
PARK, LIMITING THE USE OF CERTAIN CITY FACILTIES IN
VETERANS PARK AND REFERENCING L.D.R. SECTION 4.3.3(U)
RESTRICTING LIVE ABOARD VESSELS; PROVIDING A GENERAL
REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach is interested in assuring that all
citizens of the City of Delray Beach have an opportunity to dock at Veterans Park; and,
.WHEREAS, boaters who are aware of the time limitation on docking, sometimes leave the dock
and return repeatedly in the same day exceeding the time limits and restricting the use of the dock by
others; and,
WHEREAS, the intent of the original ordinance which is being modified by this ordinance is that
the time restriction shall be for a one day period; and,
WHEREAS, the City does not encourage people to dock at Veterans Park for more than 21 hours in
any one week; and,
WHEREAS, the City has determined the dock at Veterans Park is unique because of its proximity
to the Atlantic Avenue Bridge and Downtown and the proximity to a heavily used park which requires
control of the use of the dock to preserve the navagatability of other vessels in the area near the Atlantic
Avenue Bridge and to preserve the public health fi.om polluting discharges into the Intracoastal Waterway.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 92, "Boats and Boating", heading, "General Provisions", Section 92.10,
"Mooring to Public Property", is hereby amended to read as follows:
Section 92.10 MOORING TO PUBLIC PROPERTY
It shall be unlawful for any person or firm to moor any boat to any real or personal property
which is owned or leased by the city, or which has been dedicated to the public use, with the
exception of mooring at Knowles Park, Veterans Park and the City's marina as provided for in this
section:
(1) City Marina. Mooring at the city marina is only permitted pursuant to Sections
92.03, et.seq, of the City of Delray Beach Code of Ordinances. Excursion boats may not operate
from the city marina.
(2) Knowles Park. An owner or operator may temporarily moor a watercraft at
Knowles park for the purposes placing a boat into and removing a boat from the Intracoastal
Waterway. Excursion boats may not operate from Knowles park.
(3)
(a} Temporary docking in designated areas is permitted at Veterans Park for up to
three hours in any one-day period. Docking at the Veterans Park Dock, shall not exceed
21hoursin week For ....... :- -~ Park
{b) Persons docking a vessel at Veterans Park are prohibited from using electricity or
other utilities belonging to the City and are prohibited from discharging any unsanitary
material into the intracoastal waterway while moored.
(4) Live Aboard Vessels, as defined by Florida Statutes Ch. 327 are regulated by
Section 4.3.3(U) of the Land Development Regulations, and prohibited unless expressly permitted
in the Land Development Regulations or the Code of Ordinances.
Section 2.
hereby, repealed.
That all ordinances or parts of ordinances in conflict herewith be and the same are
Section 3. That should any section or provision of this ordinance, or any portion thereof, or 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.
reading.
That this ordinance shall become effective upon adoption on second and final
2 ORD. NO. 21-01
PASSED AND ADOPTED in regular session on second and final reading on this the ~
,2001.
ATTEST:
MAYOR
day of
City Clerk
First Reading.
Second Reading
3
ORD. NO.
21-01
CITYI]ELRRV BER£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 D~rect L~ne. (561) 243-7090
AJl4.merica Cit~
1993
DATE: April 11, 2001
TO:
FROM:
SUBJECT:
City Commission
David T. Harden, City Manager
Jay T. Jambeck, Assistant City Attorney
Citrus Canker Decontamination Ordinandd
The above-referenced ordinance was revised in light of comments made by the City's
Horticulturist designed to make the ordinance more understandable to laypersons and to address
various other issues. The following changes were made to the ordinance:
1. Subsections (B)(1)(a) & (b) were revised to include language requiring companies
to decontaminate regulated articles and personnel on a non-host environment (i.e.,
driveway or asphalt) in order to assure that the bacteria will not be further spread by
decontamination activities.
2. Rather than requiring decontamination of the entire vehicle utilized by regulated
companies, the ordinance was changed to simply require decontamination of the tires of
regulated vehicles.
3. Subsection (B)(2)(a) was revised to make it more understandable to laypersons by
specifying a chlorine bleach solution to be utilized for decontamination purposes.
4. Other methods of decontamination, deemed impractical for purposes of this
ordinance, were removed as options for decontamination.
5. Subsection (C) was added requiring regulated companies to obtain decals and to
place a decal on the windshield of any vehicle regulated by the ordinance.
By copy of this memorandum to the City Manager, our office would request that this
item be placed on the agenda for the April 17, 2001 City Commission meeting. If you have any
questions, please do not hesitate to contact me.
cc: Barbara Garito, Acting City Clerk
ORDINANCE NO. 20-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING A METHOD OF CITRUS
CANKER DECONTAMINATION TO BE ADHERED TO BY
VEGETATION MAINTENANCE COMPANIES AND PUBLIC
UTILITY COMPANIES WITHIN THE CITY OF DELRAY BEACH;
PROVIDING A GENERAL REPEALER CLAUSE; A SAVING
CLAUSE AND AN EFFECTIVE DATE.
, WHEREAS, the City Commission of the City of Delray Beach recognizes that citrus canker caa
be spread through the movement of vegetation maintenance and public utility personnel and equipment
including clothing, tools, equipment, and vehicles; and,
WHEREAS, the City Commission of the City of Delray Beach recognizes that in order to help
control the spread of citrus canker, vegetation maintenance and public utility companies should
decontaminate personnel and equipment before departing from a property on which it performed
maintenance services or cut or trimmed vegetation where citrus trees are located on the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY O~
DELRAY BEACH AS FOLLOWS:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Ordinance.
Section 2. Section 97.10 of the Ordinances of the City of Delray Beach is hereby created and
~ntitled, "Citrus Canker Control Procedures", and shall state as follows:
Section 97.10 CITRUS CANKER CONTROL PROCEDURES.
(A) Del'tuitions.
"Vegetation Maintenance Company". Any individual or entity who engages in
the business of or performs the installation, removal or upkeep of vegetation, including, but not
limited to, trees, grass, shrubs, and flowers, on any residential or commercial property. This
term shall include all employees, agents, contractors or subcontractors of the vegetation
maintenance company.
"Public Utility Company". Any individual or entity who engages in the business
of providing public utilities of any kind whatsoever, and who cuts or trims vegetation on ant.
residential or commercial property in furtherance of or incidental to the operation of busines.
This term shall include all employees, agents, contractors or subcontractors of the public utility
company.
"Regulated Articles". All lawn and garden tools, cutting or trimming
equipment, nursery equipment, plant clippings, and lawn and yard debris.
(B) Decontamination of Regulated Articles.
(1) Time for Decontamination.
(a) Vegetation Maintenance Companies. All vegetation maintenance
companies shall decontaminate all regulated articles and vehicle tires on a non-host
environment (driveway or asphalt) upon departure from any property which it
services where citrus trees are present upon the property. All vegetation
maintenance company personnel shall decontaminate themselves on a non-host
environment (driveway or asphalt) upon departure from any property which it
services where citrus trees are present on the property.
(b) Public Utility Companies. All public utility companies shall
decontaminate all regulated articles and vehicle tires on a non-host environment
(driveway or asphalt) upon departure from any property upon which the public
utility company engaged in the cutting or trimming of vegetation where citrus
trees are present on the property. All public utility company personnel shall
decontaminate themselves on a non-host environment (driveway or asphalt) upon
departure from any property upon which the public utility company engaged in the
cutting or trimming of vegetation where citrus trees are present on the property.
(2) Methods of Decontamination. All vegetation maintenance companies and
public utilities companies shall decontaminate all regulated articles, vehicle tires and personnel
using one of the following methods:
(a)
All surfaces must be sprayed to the point of runoff with a dilute
solution of chlorine bleach, made by adding one (1) once of
chlorine bleach to one (1) gallon of water. This solution shall be
made fresh every three days.
Co)
All vegetation maintenance company personnel and public utility
company personnel shall decontaminate themselves by washing or
treating all exposed areas of the body and their shoes with an
antibacterial soap, wash, spray, or other approved solution. In the
2 ORD. NO. 20-01
event of direct contact with citrus trees, vegetation maintenance
personnel and public utility company personnel shall decontaminate
themselves by washing or treating exposed articles of clothing with
an antibacterial soap, wash, spray, or other approved solution.
(C) Decals. All vegetation maintenance companies and public utility companies
shall obtain a decal or decals from the City to signify that the company and its personnel have
been made aware of these regulations. Every vehicle utilized by a vegetation maintenance
company or a public utility company in accordance with subsections (B)(1)(a) or (B)(1)(b) of this
section shall display the decal provided for by this subsection on the windshield of vehicles
regulated under this section. The failure of a vegetation maintenance company or public utilities
company to obtain, receive or display a decal shall not excuse any violation of this section.
(D) Penalties for Violation of These Provisions. Violations of this section shall be
punished pursuant to Section 97.99.
(E) Enforcement of These Provisions. The provisions of this section shall be enforced
and carried out by the City's police officers, code enforcement officers, or both. The City
adopts all enforcement methods provided by law or equity which include, but are not limited to
the issuance of citation, summons, Notice to Appear in County Court, or arrest for violation o.
municipal ordinances, as provided for in Chapter 901, Florida Statute. s.
Section 3. It is the intention of the City of Commission of the City of Delray Beach that the
provisions of this Ordinance shall become and be made a part of the Ordinances of the City of Delray
Beach, Florida, and that the Sections of this ordinance may be renumbered, re-lettered and the word
?Drdinance" may be changed to "Section", "Article" or such other word or phrase in order to
accomplish such intention.
Section 4. That should any section or provision of this ordinance, or any portion thereof, or any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the
part declared to be invalid.
Section 5. That all ordinances or parts of ordinances, resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent of such conflict.
Section 6.
adoption.
That this ordinance shall become effective immediately upon its passage and
of
PASSED AND ADOPTED in regular session on second and final reading on this the ~
,2001.
day
3 ORD. NO. 20-01
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
4 ORD. NO. 20-01