Agenda Reg 05-15-01City of Delray Beach
Regular Commission Meeting
Tuesday, May 15, 2001
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Deltay Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
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Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet/f you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furmsh auxiliary a~ds and services to afford an inchvldual with a
chsab~hty 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 hstening devices are available for
meetings in the Commission Chambers.
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3.
4.
5.
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ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· Regular Meeting - April 3, 2001
· Special Meeting - May 8, 2001
PROCLAMATIONS:
A. Proclaim May 2001 as Civility Month
B. Historic Preservation Week - May 13~h through May 19, 2001
PRESENTATIONS:
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Commissioner Ji'ang Song of the Florida Inland Navigation District for Palm Beach
County will make a presentation of a $70,000.00 check to the City for the purchase of
the Odabachian property.
B. Chamber of Commerce - Report on the Delray Affair
CONSENT AGENDA: City Manager Recommends Approval.
RIGHT-OF-ENTRY AGREEMENTS/HARBOR DRIVE: Approve the Right-of-
Entry Agreements for 1221 & 1227 Harbor Drive to allow the City or its contractors to
enter onto the owners property and tie the driveways into the new road elevation.
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WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR SALES
OFFICE AT SHERWOOD PONTIAC: Consider a request to allow a temporary
modular sales office facility at Sherwood Pontiac, located on the west side of South
Federal Highway, approximately 600 feet north of Fladell's Way.
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ACCEPT A RIGHT-OF-WAY DEED & LANDSCAPE MAINTENANCE
AGREEMENT/ELIZABETH'S ON 7va RESTAURANT: Consider acceptance of
a Right-of-Way Deed and Landscape Maintenance Agreement with Elizabeth's on 7~h
Restaurant, located at the southeast corner of East Atlantic Avenue and SE 7th Avenue.
D. CONSULTING SERVICE AGREEMENT/MARK BRIGGS & ASSOCIATES:
Approve the Letter of Agreement for consuking services between Mark Briggs &
Associates and the City for the preparation of the City's Section 108 Loan Guarantee
application. The fee is $29,000 plus not-to-exceed out-of-pocket expenses of $3,000.
Funding is available from 118-1074-554-31.90 (Community Development/Other
Professional Services).
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E. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy
for one (1) eligible applicant/family in the amount of $21,000.00, property located at
226 NW 4~h Avenue. This represents the 123~a applicant under the Delray Renaissance
Program. Funding is available from 118-1924-544-83.01 (SHIP Program).
APPOINTMENT OF OUTSIDE COUNSEL/DHARMA PROPERTIES, INC.
v. CITY OF DELRAY BEACH et al. AND BLOCK 77 DEVELOPMENT
GROUP v. DHARMA PROPERTIES~ INC, et al.: Approve the appointment of
outside counsel in the referenced matter as recommended by the City Attorney.
CANCELLATION OF CONTRACT WITH USA CHARTER & AWARD
PRIMARY CONTRACTOR TO BLACKWELL TRACTOR SERVICE &
SECONDARY CONTRACTOR TO WALCOTT & SON: Approve the
cancellation of contract with USA Charter for nuisance abatement, lot clearing and
mowing and move Blackwell Tractor Service to primary contractor and award bid as
secondary contractor to Walcott & Son.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
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Accept the actions and decisions made by the Land Development Boards for the period
April 30, 2001 through May 11, 2001.
LINE OF CREDIT/BANK OF AMERICA: Approve a CRA Application for
$1,000,000.00 Line of Credit with Bank of America.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Safety Equipment Company (via the City of Orlando bid
#RF97-323) for twenty-five (25) sets of replacement fire fighting protective
clothing. Funding is available from 001-2311-522-52.22 (Adrninistration-
Uniforms); 001-2313-522-52.22 (Highland Beach-Uniforms); 001-2315-522-
52.22 (Operations-Uniforms); and 001-2317-522-52.22 (Safety-Uniforms).
Purchase award to Hector Turf for the purchase of two (2) Toro Greensmaster
3100 2WD Tractor units (via the GSA General Services Administration
Contract #GS-07F-8722-D) for the total amount of $33,550.40. Funding from
446-4761-572-64.90 (Lakeview Golf Course); and 445-4761-572-64.90 (Delray
Municipal Golf Course) for $16,775.20 each.
Bid award to multiple low responsive bidders for the purchase of pipefittings
and accessories for the Water/Sewer Network and the Construction Division at
an estimated annual cost of $203,264.78. Funding from various departmental
operating budgets.
Purchase award to Dracvo Lime Inc. for bulk quicklime (via the City of
Boynton Beach Co-op Bid #052-2821-01/KR) at an estimated annual cost of
$320,250. Funding from 441-5122-536-52.21 (Chemicals FY2001-2002).
Bid award to multiple low responsive bidders (Bid #2001-19) for the purchase
of automotive parts stocked in the purchasing warehouse, at an annual cost of
$59,000. Funding from various departmental operating budgets.
Purchase award to Dell for 12 personal computers at the Police Department (via
State Contract #250-040-99-1) in the amount of $20,160.00. Funding from
334-6112-519-64.11 (Renewal & Replacement Fund).
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Purchase award to TeleStaff (sole source) for a daily staffing and scheduling
software package in the amount of $40,000.00 for the Fire Department.
Funding is available in 001-2315-526-66.10 (Software).
REGULAR AGENDA:
AGREEMENT WITH PENCIL~ INC.: Consider approval of an agreement with
PENCIL, Inc., a non-profit organization that encourages private sector and civic
involvement to support the public schools by inviting individuals to be "Principal For A
Day".
B. ABANDONMENT OF A PORTION OF BRONSON AVENUE: Consider
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approving the abandonment of that portion of Bronson Avenue, beginning
approximately 100 feet south of East Atlantic Avenue, and extending to the south end
of the street.
LEASE AGREEMENT/FIRST PRESBYTERIAN CHURCH: Consider approval
of a Lease Agreement between the City and First Presbyterian Church.
JOINT VENTURE REQUEST/EXTEND CLOSING TIME OF SANDOWAY
PARKING LOT: Consider a request from Joint Venture to extend the dosing time of
the Sandoway Parking Lot on June 1~ until 10:00 p.m. to accommodate the Hot Air
Balloon Glow.
SOLID WASTE BID AWARD/BROWNING, FERRIS INDUSTRIES: Consider
approval of a bid award for Solid Waste Collection to Browning, Ferris Industries (BFI)
with an estimated amount of $2,254,300.00. Funding from 433-3711-534-34.50, 51, 55,
56 and 57 (Sanitation Waste Disposal - Contractual Service).
NAMING RIGHTS/DELRAY BEACH TENNIS CENTER: Consider approval
of a proposed agreement with Sports Marketing Consukants Inc. to act as a Non
Exclusive Agent for the City of Delray Beach to sell naming rights for the Delray Beach
Tennis Center.
AMENDED & RESTATED LEASE AGREEMENT/AM BROADCASTING:
Consider approval of an amended and restated lease agreement between the City and
AM Broadcasting.
SETTLEMENT AGREEMENT/FLORIDA OUTDOOR ADVERTISING,
LLC.: Consider approval of a Settlement Agreement between Florida Outdoor
Advertising, LLC. and the City of Delray Beach regarding the construction of
billboards.
APPOINTMENTS TO THE CHARTER REVISION COMMITTEE: Appoint
eleven (11) members to the Charter Revision Committee. Based on the rotation system,
the appointments will begin with Commission Perlman (Seat #1) through
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4) and Mayor Schmidt (Seat #5), with the Mayor also appointing a
Chairperson.
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05-15-01
j. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
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Appoint one (1) member to the Community Redevdopment Agency to fill an unexpired
term ending July 1, 2001. Appointment to be made by Commissioner Perlman (Seat
PUBLIC HEARINGS:
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ORDINANCE NO. 17-01 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the LDR Section 4.4.13 regarding parking requirements in the
CBD (Central Business District) zone district to accommodate required parking utilizing
valet parking, including parking appliance/lift system or tandem parking, and LDR
Section 4.6.9 establishing design standards for valet and tandem parking arrangements.
If passed, a second public hearing will be scheduled for June 5, 2001.
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ORDINANCE NO. 29-01: An ordinance amending LDR Sections 4.6.9(D) and
6.1.4(13), regarding paving of driveways and parking spaces, and providing an
amortization period.
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ORDINANCE NO. 33-01: An ordinance adopting the Community Redevelopment
Plan Amendment.
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ORDINANCE NO. 28-01: An ordinance amending Chapter 52, "Water" of the City
Code of Ordinances and amending Chapter 6, "Infrastructure and Public Property" of
the Land Development Regulations.
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ORDINANCE NO. 30-01: An ordinance amending LDR Section 6.1.3(C)(2),
regarding construction standards for sidewalks through driveways.
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:
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ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "Departments,
Boards and Commissions" of the City Code of Ordinances. If passed, a public hearing
will be scheduled for June 5, 2001.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
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CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - MAY 15, 2001
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
6. PROCLAMATIONS
C. American Little League Day - May 19, 2001
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.
WHEILFAS, the Delray Beach American Little League was chartered in 1971
and is celebrating 30 years of service in the Delray Beach community; and
WHEREAS, under the leadership of Eddie Odom, Jr., founder, past president,
manager, coach and umpire; his wife, Yvonne Lee Odom, past president, player's agent,
information officer, and secretary; and Winston Davis, past treasurer and safety officer, the
Delray Beach American Little League has provided youngsters with the oppommity to
participate in Little League Baseball; and
~HEREAS, more than 10,000 children and adults have played organized
baseball and softball under the sponsorship of the Delray Beach American Litde League,
including 25 players who played college baseball following their years in Little League and 12
players who went on to play professional baseball; and
WHEREAS, the Senior League of the Delray Beach American Little League
were champions of the State of Florida, competing in the Southern Regional Championships
in Tampa in 1976. The Junior League of the Delray Beach American Little League have won
the first district seven title and a total of 13 district tides in the senior, junior and girls
softball leagues; and
WHEREAS, Delray Bo-ch organized the first tee-ball team in Palm Beach
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray
Beach, Florida, do hereby congratulate the Delray Beach American Little League and
commend Eddie Odom and his wife, Yvonne Lee Odom for their years of dedication and
commitmem to the community of Delray Beach and on behalf of the City Commission do
hereby proclaim lVlay 19, 2001 as
"American Little League Day"
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 15~ day of May, 2001.
DAVID W, SCHlVlIDT
MAYOR
WHEREAS, the Delray Beach American Little League was chartered in 1971
and is celebrating 30 years of service in the Delray Beach community, and
WHEREAS, under the leadership of Eddie Odom, Jr., founder, past president,
manager, coach and umpire; his wife, Yvonne Lee Odom, past president, player's agent,
information officer, and secretary; and Winston Davis, past treasurer and safety officer,
the Delray Beach American Little League has provided youngsters with the opportunity
to participate in Little League Baseball, and
WHEREAS, more than 10,000 children and adults have played organized
baseball apfltT~ball under the sponsorship of the Delray Beach American Little League,
including/r25/lbl/a/yers who played college baseball following their years in Little League
and 12 plh54% who went on to play professional baseball, and
WHEREAS, the Senior League of the Delray Beach American Little League
were champions of the State of Florida, competing in the Southern Regional
Championships in Tampa in 1976. The Junior League of the Delray Beach American
Little League have won the first district seven title and a total of 13 district titles in the
senior, junior and girls softball leagues.
firganzi;~!.the
WHEREAS, Delray Beach ~,.~_~_ ~L2/, first tee-ball team in Palm Beach
County.
NOW, THEREFORE, I, David Schmidt, Mayor of the City of Delray Beach,
Florida, do hereby congratulate the Delray Beach American Little League and commend
Eddie Odom and his wife, Yvonne Lee Odom for their years of dedication and
commitment to the community of Delray Beach and on behalf of the City Commission do
hereby proclaim May 19, 2001 as
"American Little League Day"
IT WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida to be affixed this 15th day of May, 2001.
DAVID W. SCHMIDT
MAYOR
MAY 15~ 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, May 15, 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_ Reverend Dan Casselberry with Cason United Methodist Church delivered the
opening prayer.
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL
Mayor Schmidt noted the addition ofltem 6.C., Proclaiming May 19, 2001 as
American Little League Day.
Mayor Schmidt requested that Item 8.C., Accept a Right-of-Way Deed &
Landscape Maintenance Agreement/Elizabeth's On 7TM Restaurant be pulled off the Consent
Agenda and moved to the Regular Agenda as Item 9.A.A. because he has a conflict with this
item (a copy is attached hereto and incorporated herein as an official part of the minutes). In
addition, Mayor Schmidt asked the Commission to consider moving up Item 12.A., Ordinance
No. 34-01 (First Reading) to the Regular Agenda as Item 9.A.A.A.
With regard to automatic renewals for service contracts, Mr. Levinson inquired
whether or not the City has a tracking system so we do not end up missing the dates of triggering
termination if the City chooses to do so.
Mr. Perlman requested that Item 8.D. Consulting Service Agreement/Mark
Briggs & Associates be pulled from the Consent Agenda and moved to the Regular Agenda as
Item 9.A.A.A.A.
Mr. Perlman moved to approve the Agenda as amended, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
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Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
APPROVAL OF MINUTES:
Mr. Perlman moved to approve the Minutes of the Regular Meeting of April 3,
2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
Mr. Perlman moved to approve the Minutes of the Special Meeting of May 8,
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.
PROCLAMATIONS:
6oA.
Proclaim May 2001 as Civility Month
Mayor Schmidt presented a proclamation proclaiming the month of May 2001 as
Civility Month in Delray Beach.
6.Bo
Historic Preservation Week - May 13th through May 19, 2001
Mayor Schmidt read and presented a proclamation proclaiming May 13 through
May 19, 2001 as National Preservation Week in the City of Delray Beach. Mary Swinford with
the Delray Beach Historical Society came forward to accept the proclamation and thanked the
Commission.
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proclaim May 19, 2001 as American Little League Day
Mayor Schmidt read and presented a proclamation proclaiming May 19, 2001 as
American Little League Day.
Mr. Odom came forward to accept the proclamation and stated on behalf of the
Delray Beach American Little League, he is grateful that the City decided to do this. With
regard to the League, Mr. Odom stated since 1971 Bill Smith and Joe Weldon have always been
very supportive and helpful.
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PRESENTATIONS:
7.A. Commissioner Ji'ang Song of the Florida Inland Navigation District for Palm
Beach County will make a presentation of a $70,000.00 check to the City for the purchase
of the Odabachian property.
Ji'ang Song, Commissioner of the Florida Inland Navigation District
(F.I.N.D.) for Palm Beach County, stated he is delighted to be involved with numerous projects
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in Delray Beach. Mr. Song stated the total project cost is in excess of $1.6 million dollars.
Florida Inland Navigation District (F.I.N.D.) was able to fund about $670,000 towards the
projects related to the Intracoastal Waterways. In the past, Mr. Song stated F.I.N.D. contributed
to various projects and hopes the City will continue working on the waterways with F.I.N.D.
Mr. Song presented a check to Mayor Schmidt in the amount of $70,000 fi.om the Waterway
Assistance Program and stated he would like to see the City spend this money to buy this
property and is hopeful that the City will move this project along so that residents of this County
can utilize this facility.
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Chamber of Commerce - Report on the Delray Affair
Lynn Bialakis, Director of Special Events, stated on April 20-22, 2001 the 39th
Annual Delray Affair was held in Downtown Delray Beach where over 250,000 people enjoyed
three beautiful days of weather. Ms. Bialakis stated over 650 exhibits of crafts, fine craft, and
fine art showcased our City in the greatest of ways. On behalf of the Board of Directors of the
Chamber of Commerce, Ms. Bialakis presented the official poster of the 2001 Delray Affair and
stated she hopes it will be displayed proudly in City Hall. Mayor Schmidt stated the poster
would be displayed in the City Clerk's office.
In addition, Ms. Bialakis expressed appreciation for the support that the City of
Delray Beach provides to this signature event that is held every year and is looking forward to
the 40th Anniversary next year.
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. RIGHT-OF-ENTRY AGREEMENTS/HARBOR DRIVE: Approve the Right-
of-Entry Agreements for 1221 & 1227 Harbor Drive to allow the City or its contractors to enter
onto the owners property and tie the driveways into the new road elevation.
8.B. WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR SALES
OFFICE AT SHERWOOD PONTIAC: Consider a request to allow a temporary modular sales
Office facility at Sherwood Pontiac, located on the west side of South Federal Highway,
approximately 600 feet north of Fladell's Way.
8.C. ACCEPT A RIGHT-OF-WAY DEED & LANDSCAPE MAINTENANCE
AGREEMENT/ELIZABETH'S ON 7 TM RESTAURANT: Consider acceptance of a Right-of-
Way Deed and Landscape Maintenance Agreement with Elizabeth's on 7th Restaurant, located at
the southeast comer of East Atlantic Avenue and SE 7th Avenue.
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CONSULTING SERVICE AGREEMENT/MARK BRIGGS &
ASSOCIATES: Approve the Letter of Agreement for consulting services between Mark Briggs
& Associates and the City for the preparation of the City's Section 108 Loan Guarantee
application. The fee is $29,000 plus not-to-exceed out-of-pocket expenses of $3,000. Funding is
available from 118-1074-554-31.90 (Community Development/Other Professional Services).
8ogo
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a
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05/15/01
subsidy for one (1) eligible applicant/family in the amount of $21,000.00, property located at 226
NW 4th Avenue. This represents the 123rd applicant under the Delray Renaissance Program.
Funding is available from 118-1924-544-83.01 (SHIP Program).
8.F. APPOINTMENT OF OUTSIDE COUNSEL/DHARMA PROPERTIES,
INC. vo CITY OF DELRAY BEACH et al. AND BLOCK 77 DEVELOPMENT GROUP v.
DHARMA PROPERTIES, INC., et al.: Approve the appointment of outside counsel in the
referenced matter as recommended by the City Attorney.
8.G. CANCELLATION OF CONTRACT WITH USA CHARTER & AWARD
PRIMARY CONTRACTOR TO BLACKWELL TRACTOR SERVICE & SECONDARY
CONTRACTOR TO WALCOTT & SON: Approve the cancellation of contract with USA
Charter for nuisance abatement, lot clearing and mowing and move Blackwell Tractor Service to
primary contractor and award bid as secondary contractor to Walcott & Son.
8.H. LINE OF CREDIT/BANK OF AMERICA: Approve a CRA Application for
$1,000,000.00 Line of Credit with Bank of America.
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REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period April 30,
2001 through May 11, 2001.
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AWARD OF BIDS AND CONTRACTS:
Purchase award to Safety Equipment Company (via the City of Orlando
bid #RF97-323) for twenty-five (25) sets of replacement fire fighting
protective clothing. Funding is available from 001-2311-522-52.22
(Administration-Uniforms); 001-2313-522-52.22 (Highland Beach-
Uniforms); 001-2315-522-52.22 (Operations-Uniforms); and 001-2317-
522-52.22 (Safety-Uniforms).
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Purchase award to Hector Turf for the purchase of two (2) Toro
Greensmaster 3100 2WD Tractor units (via the GSA General Services
Administration Contract #GS-07F-8722-D) for the total amount of
$33,550.40. Funding from 446-4761-572-64.90 (Lakeview Golf Course);
and 445-4761-572-64.90 (Delray Municipal Golf Course) for $16,775.20
each.
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Bid award to multiple low responsive bidders for the purchase of
pip°fittings and accessories for the Water/Sewer Network and the
Construction Division at an estimated annual cost of $203,264.78.
Funding from various departmental operating budgets.
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Purchase award to Dracvo Lime Inc. for bulk quicklime (via the City of
Boynton Beach Co-op Bid #052-2821-01/KR) at an estimated annual cost
of $320,250. Funding from 441-5122-536-52.21 (Chemicals FY 2001-
05/15/01
2002).
Bid award to multiple low responsive bidders (Bid #2001-19) for the
purchase of automotive parts stocked in the purchasing warehouse, at an
annual cost of $59,000. Funding fi.om various departmental operating
budgets.
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Purchase award to Dell for 12 personal computers at the Police
Department (via State Contract #250-040-99-1) in the amount of
$20,160.00. Funding fi'om 334-6112-519-64.11 (Renewal & Replacement
Fund).
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Purchase award to TeleStaff (sole source) for a daily staffing and
scheduling software package in the amount of $40,000.00 for the Fire
Department. Funding is available in 001-2315-526-66.10 (Software).
Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr.
Perlman. 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.
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REGULAR AGENDA:
9.A.A. ACCEPT A RIGHT-OF-WAY DEED & LANDSCAPE MAINTENANCE
AGREEMENT/ELIZABETH'S ON 7 TM RESTAURANT: Consider acceptance of a Right-
of-Way Deed and Landscape Maintenance Agreement with Elizabeth's on 7th Restaurant, located
at the southeast comer of East Atlantic Avenue and SE 7th Avenue.
Due to a conflict of interest, Mayor Schmidt stepped down and passed the gavel
to Vice-Mayor McCarthy.
Paul Dorling, Planning Director, stated this is an acceptance of a five-foot right-
of-way deed for S.E. 7th Avenue and a landscape maintenance agreement associated with the
"Elizabeth's on 7th'' Restaurant located on the southeast comer of East Atlantic Avenue and S.E.
7th Avenue (9 S.E. 7th Avenue).
At its meeting of April 18, 2001, the Historic Preservation Board (I-IPB) approved
,, , th,,
the site plan modification for Elizabeth s on 7 Restaurant subject to a five-foot dedication for
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S.E. 7 Avenue fight-of-way and execution of a landscape maintenance agreement for the
installation of landscaping within this fight-of-way.
Mr. Perlman moved to approve the Right-of-Way Deed & Landscape
Maintenance Agreement with "Elizabeth's on 7th'' Restaurant, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.A.A.A. ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "Departments,
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05/15/01
Boards and Commissions" of the City Code of Ordinances. If passed, a public heating will be
scheduled for June 5, 2001.
The City Manager presented Ordinance No. 34-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, CHAPTER 32, "DEPARTMENTS, BOARDS,
AND COMMISSIONS", HEADING "GENERAL
PROVISIONS"; BY AMENDING SECTION 32.07,
"MEMBERSHIP QUALIFICATIONS/REQUIREMENTS",
TO PROVIDE EMPLOYMENT WITHIN THE CITY AS AN
ADDITIONAL QUALIFICATION; PROVIDING A
GENERAL REPEALER CLAUSE, SAVINGS CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 34-01 is on file in the City Clerk's office.)
The City Attorney presented an alternate ordinance that does not change the
caption and reads as follows: "...and/or employed as an officer of a public company located
within the City..." as opposed to the original ordinance that reads "...and/or employed within the
City..."
Discussion by the Commission followed.
Mayor Schmidt stated this ordinance came up as a result of a discussion he had
with the City Attorney regarding who would be eligible to serve on the Charter Revision
Committee. Mayor Schmidt stated the City Attorney pointed out that any member or task force
member has to be a resident of the City or own a business in the City. Mayor Schmidt stated he
felt the City was limiting their options with appointing people to Boards and suggested that the
City consider expanding to people who are employed within the City.
Mrs. Archer stated she agrees with Mayor Schmidt and is in favor of supporting
this. She stated this has come up several times with Board appointments where there have been
some good people who happen to not own a business in the City but are indeed committed to
Delray Beach.
Mr. Levinson stated he spoke to the City Attorney regarding the alternate
ordinance only because when the original decision was made that someone serving on a board or
committee had to be a resident of Delray, he suspects the rationale was the City wanted someone
who was in a decision making capacity in their business to affect that business. Knowing that
there was an individual who was under consideration at one time for a City Board recently who
was an officer in a public company, Mr. Levinson feels this was certainly acceptable.
Mayor Schmidt stated if someone is willing to make a commitment to be on a
Board, it does not matter whether they are in management or not. Mayor Schmidt stated it is up
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to the Commissioner to examine their motivation if they are being considered for appointment as
opposed to someone that may be just sitting there as a figurehead for a company that they work
for.
Ms. McCarthy stated she feels people who are employees in a business for several
years may have another perspective. She stated people who actually work in the City but do not
live in the City are still very concerned and committed about what happens in the City. Ms.
McCarthy stated we do have people who run businesses when the business owners are not here.
Ms. McCarthy stated in some particular committees this might not be applicable. However, Ms.
McCarthy does not feel it is in the best interest of the City to stipulate that an individual cannot
serve on any committee.
Mr. Perlman concurred with comments expressed by Vice-Mayor McCarthy. As
it's currently worded, an individual would have to be an officer. He stated the Commission has
discretion when making an appointment and feels comfortable with those controls that it comes
back to the Commission eventually.
Ms. McCarthy moved to approve Ordinance No. 34-01 as presented in the
backup, 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.A.A.A.A. CONSULTING SERVICE AGREEMENT/MARK BRIGGS &
ASSOCIATES: Approve the Letter of Agreement for consulting services between Mark Briggs
& Associates and the City for the preparation of the City's Section 108 Loan Guarantee
application. The fee is $29,000 plus not-to-exceed out-of-pocket expenses of $3,000. Funding is
available from 118-1074-554-31.90 (Community Development/Other Professional Services).
With regard to future Section 108 Loan Applications, Mr. Perlman asked if the
City hires the consultant would the knowledge that the City gains be beneficial for the City in the
future? In response, Ms. Butler feels it would be beneficial for the City because she is learning
from the consultant. Ms. Butler stated the consultant is not here to get business but is here to
~how her the process of how to calculate and negotiate these things. Ms. Butler has had several
meetings already where the consultant has not charged the City and stated by the end of this
process staff will be able to do future applications on its own.
Ms. McCarthy asked if there is a separate agreement that stipulates once this is
done that it belongs to the City of Delray Beach? In response, the City Attorney stated the City
has a Letter Agreement.
Mr. Perlman moved to approve the Consulting Service Agreement with Mark
Briggs & Associates as amended, 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 a 5 to 0 vote.
AGREEMENT WITH PENCIL, INC.: Consider approval of an agreement with
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PENCIL, Inc., a non-profit organization that encourages private sector and civic involvement to
support the public schools by inviting individuals to be "Principal For A Day".
Janet Meeks, Education Coordinator, stated this is before the Commission to
consider a Trademark Lease Agreement to allow the Education Board to use the logo "PENCIL".
Shelly Weil, Delray Beach Education Board, stated the PENCIL, Inc. Program
is a non-profit organization that encourages private sector and civic involvement to support thc
public schools by inviting individuals to be principals for a day. Mr. Weil stated the PENCIL
Program was iniated in New York City approximately five years ago and he feels it is a fantastic
program. PENCIL is the acronym for Public Education Needs Civil Involvement in Learning
and ends with a single day in learning PFAD (Principals For A Day). Mr. Weil stated for the last
year they have been draffing, seeking, and asking for the help of the business community. Mr.
Weil stated they began by talking to principals and gave them three choices and asked them if
they ,had a choice of someone being a principal in their school would they prefer a politician, a
CEO, or a famous athlete. The program will bc applied to the thirty schools in Delray Beach and
eight out of thc thirty principals were already polled and four of the eight would prefer an athlete
and four would prefer a CEO. Mr. Weil stated approximately sixty candidate volunteers want to
do the job but there are only thirty schools. The Dclray Beach Education Board would like to
implement this program and use the name of the organization for their annual event, which they
anticipate to host in the late fall. Mr. Well announced that thc PFAD event will take place on
November 8, 2001 between 8:30-12:30 p.m. and each of these athletes and CEO's will come into
the schools and afterward a luncheon will be held at either Old School Square or the Marriott.
Mr. Weil stated he is working with Mr. Walsh and Ocean Properties to hold a Town Hall
Meeting to get the thirty principals for a day to discuss what they saw and how they felt. Lastly,
Mr. Weil urged the Commission to support this program.
Mrs. Archer moved to approve the agreement with PENCIL, Inc., a non-profit
organization that encourages private sector and civic involvement to support the public schools
by inviting individuals to be "Principal For A Day", seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
.Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.B. ABANDONMENT OF A PORTION OF BRONSON AVENUE: Consider
approving the abandonment of that portion of Bronson Avenue, beginning approximately 100
feet south of East Atlantic Avenue, and extending to the south end of the street.
Paul Dorling, Planning Director, stated the request involves an abandonment of
approximately 437 feet of Bronson Avenue beginning approximately 100 feet south of Atlantic
Avenue.
The First Presbyterian Church of Delray, which owns all property adjacent to the
subject area, submitted the abandonment request. In addition to the adjacent properties, the
Church owns numerous parcels to the north of the subject area, which function as a single
campus. A main worship hall, a school building, two (2) apartment buildings, three (3)-paved
parking lots, as well as other facilities are located on the campus.
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The right-of-way is improved, and functions as a public roadway, which is
substandard by current code (LDRs require 60-feet of width for a local road). In addition,
municipal water and sewer lines and facilities for Florida Power & Light, Florida Public Utilities,
and Adelphia Cable are currently located in the abandonment area.
At its meeting of January 24, 2000, the Planning and Zoning Board considered the
request at a public hearing at which time no one from the public spoke in opposition. After
discussion, the Board vote 6 to 1 (Hasner dissenting), to recommend approval with the six- (6)
conditions listed on page 5, of the Planning and Zoning Staff Report.
Staff is recommending that the City Commission approve the abandonment of the
portion of the Bronson Avenue right-of-way based upon positive findings with respect to LDR
Section 2.4.6(O)(5), subject to the following conditions:
1. Provision of a replacement access and utility easement for the full length and
width of the abandonment area, and supply a sketch and description of said
easement,
Reimbursement to the City the sum of $13,935.60 (per the schedule in the agenda
backup) for the recent roadway improvements of Bronson Avenue.
3. Provision of an adequate tum-around area in the northem portion of the
abandonment area, for the remaining portion of Bronson Avenue,
Approval by the Fire Department of any gate that restricts vehicular access to the
abandonment area,
Recordation of a "unity of title" instrument that joins all individual parcels that
are adjacent to the subject abandonment area,
6. Processing of an application for a site plan modification for the gate and
turnaround areas.
Mr. Levinson stated he understands the interest is enclosing the north end from a
gated perspective so access would be impeded from traffic roadway. Mr. Dorling stated it would
be a controlled access. Mr. Levinson stated during the Downtown Charrette process there was a
lot of discussion regarding the grid system we have in our community and how effective in terms
of future planning that grid system can be. Mr. Levinson suggested to defer this for some period
of time to grant them a gateway to prohibit access but to not make a final decision on the
abandonment until we finish with an urban planner and address some of the concerns raised as a
result of the Downtown Charrette.
Mr. Dorling stated this street dead ends into church property and is surrounded by
church property. The First Presbyterian Church has a gate system that was approved by the Site
Plan Review and Appearance Board (SPRAB) last week. The City Manager stated this is not
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part of the grid and a big part of the right-of-way is only 20 feet. From the City's perspective it
serves no public purpose and reiterated that it serves nothing but The First Presbyterian Church
property.
Mrs. Archer stated she feels there is nothing to gain by allowing the abandonment
of this particular piece of property. Mrs. Archer stated it might be different if there were access
at the other end or if there were other property owners involved and there are none. She feels it
would be beneficial to the church and in fact probably easier to handle traffic that may enter the
area now and have difficulty in turning around. Mrs. Archer stated she feels it would be to the
City's benefit to do this since it is not part of the original grid system and we have nothing to
gain by holding on to it.
For clarification, Ms. McCarthy inquired about Lots 7-15 and Lots 16-24 and
asked if the First Presbyterian Church owns all the lots? In response, Mr. Dorling stated the
ChurCh owns Lots 7-24. Ms. McCarthy inquired about the area behind these lots facing Atlantic
Avenue north of the easement, and asked if these businesses use the area behind their lot for any
type of traffic or accessway?
Dan Marfino, Senior Planner, stated the area behind these buildings will not be
impacted by the abandonment and the church is providing a mm-around area closer to the north
end so it will be easier to make that turning point to get back out on Atlantic Avenue. In
addition, Mr. Marfino stated the area behind the buildings would be large enough for cars and
trucks to turn around.
Mrs. Archer moved to approve the abandonment of the portion of the Bronson
Avenue right-of-way based upon positive findings with respect to LDR Section 2.4.6(0)(5) and
accept the easement deed, the access easement, and the Unity of Title subject to the six
conditions imposed by Planning and Zoning as listed on page five of the Planning and Zoning
Staff Report, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
No. Said motion passed with a 4 to 1 vote (Commissioner Levinson dissenting).
9.C. LEASE AGREEMENT/FIRST PRESBYTERIAN CHURCH: Consider
approval of a Lease Agreement between the City and First Presbyterian Church.
Robert A. Barcinski, Assistant City Manager, stated this is a proposed agreement
for a lease of the Presbyterian Church lot on the west side of Gleason Street, which is now a 25-
space parking lot. The City will pay $1,140 per month, over a three-year term, with an automatic
two-year renewal, unless either party give notices that there will be no renewal (approximately
$40 per space). The City will convert the lot into 39 parking spaces and have committed to
restripping the lot and making it a legal lot. Mr. Barcinski stated the City would have use of the
lot most days, however the lot would be reserved for church use on Sundays. In addition, the
church lot will be used for funerals, weddings, and other activities. Mr. Barcinski stated the City
has been working on this with the church to try and get additional parking east of the
Intracoastal.
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05/15/01
Mr. Levinson asked if this lot was put in the new sign package? In response, Mr.
Barcinski stated this was not part of the sign package and the City will need to add a sign for it
unless the lot is made an "Employee Only Lot".
Mr. Perlman commented he is very pleased to see this because it has been a long
time coming.
Mr. Perlman moved to approve the lease agreement between the City and First
Presbyterian Church, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.D. JOINT VENTURE REQUEST/EXTEND CLOSING TIME OF
SANDOWAY PARKING LOT: Consider a request from Joint Venture to extend the closing
time of the Sandoway Parking Lot on June 1st until 10:00 p.m. to accommodate the Hot Air
Balloon Glow.
Paul Dorling, Planning Director, stated this is a request fi'om the Joint Venture to
extend the parking lot hours for Sandoway Parking lot until 10:00 p.m. to accommodate the
Balloon Glow, which is opening ceremony to a weekend event known as Balloon Race
Weekend. It will be held on Atlantic Avenue between Ocean Boulevard and Andrews Avenue
from 7:00 - 10:00 p.m. Last years attendance for the event was estimated between 3,000-4,000
people.
Mrs. Archer asked how many times the City has extended the closing time for
Sandoway Parking Lot for special events? In response, Mr. Barcinski stated the Sandoway
Parking Lot has extended the closing time for special events approximately three or four times.
Mr. Perlman moved to approve the request from the Joint Venture to extend the
closing time of the Sandoway Parking Lot on Friday, June 1, 2001 until 10:00 p.m. to
accommodate the Hot Air Balloon Glow, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.E. SOLID WASTE BID AWARD/BROWNING, FERRIS INDUSTRIES:
Consider approval of a bid award for Solid Waste Collection to Browning, Ferris Industries
(BFI) with an estimated amount of $2,254,300.00. Funding from 433-3711-534-34.50, 51, 55,
56 and 57 (Sanitation Waste Disposal - Contractual Service).
Joe Safford, Finance Director, stated per the City Commission request, staff
prepared a bid package regarding solid waste. Mr. Safford stated the appropriate advertising was
sent out and noted staff also utilized the DemandStar. com Website. Mr. Safford stated there was
a lot of activity on the bid, which resulted in five bidders deciding to bid on the entire package.
Prebid conferences were conducted and resolved all the issues. The bid package only required
one addendum throughout the entire process. On April 27, 2001, the City opened five bid
submissions and had the following results. Browning, Ferris Industries was the low bidder with
an estimated annual amount of $2,254,300. The base bid basically vegetation pickup on the first
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solid waste collection day for a resident which means everyone in the City (residential) will have
their vegetation picked up on either a Monday, Tuesday, or a Wednesday. The alternate bid is
like the present system being picked up six days a week.
Mr. Safford stated the City should stay cleaner with vegetation pickup being on
Monday, Tuesday, and Wednesday. However, if it does not prove to be so once implemented,
Mr. Safford stated the City can always convert back because the alternative is less cost to the
hauler as opposed to this. The committee recommends the award of the bid to BFI because they
are the low overall bidder.
Mr. Perlman moved to approve the bid award for Solid Waste Collection to
Browning, Ferris Industries (BFI) with an estimated amount $2,254,300, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with
a 5 to 0 vote.
At this point, the time being 7:10 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 17-01 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the LDR Section 4.4.13 regarding parking requirements in the CBD
(Central Business District) zone district to accommodate required parking utilizing valet parking,
including parking appliance/lift system or tandem parking, and LDR Section 4.6.9 establishing
design standards for valet and tandem parking arrangements. If passed, a second public hearing
will be scheduled for June 5, 2001. Prior to consideration of this ordinance on FIRST
Hearing/First Public Heating, 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),
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"SPECIAL PROVISIONS", BY ENACTING A NEW
SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN
STANDARDS AND REGULATIONS FOR VALET AND TANDEM
PARKING ARRANGEMENTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Planning Director, stated this text amendment was previously
before the Commission and allowed multi-family uses to accommodate required parking in valet
configurations and commercial uses east of the Intracoastal to accommodate required parking in
either a tandem layout or through the utilization of an appliance lift system.
The Commission had concerns over the multi-family component and the
ordinance was modified to eliminate this aspect of this request. The ordinance then returned to
Commission and it was continued to the meeting this evening to receive community input
through the Downtown Charrette process.
The amendment involves three issues. The first allows tandem parking for
townhouses similar to that currently enjoyed by single family units where the two required
parking spaces can be accommodated (one in the garage and one in the driveway). The second
issue (through the conditional use process) would allow 100% of the required parking for
restaurants, cocktail lounges, hotels, and residential type inns within the Central Business
District, east of the Intracoastal Waterway, to be accommodated through the provision of valet
parking. Mr. Dorling stated this would be subject to the surface parking configurations outlined
in the LDR change. The third issue is an addition to allowing the required parking to be
accommodated in a valley configuration of an appliance lift system. The amendment also
includes minimum landscape screening requirements and soundproof requirements for those
specific lift systems.
The Planning and Zoning Board considered the amendment at their meeting of
January 22, 2001 and recommended approval on a 6-0 vote. However, it is noted that this
recommendation was provided prior to the Charrette process at which time there was public
opposition expressed related specifically to the appliance lift systems.
Mayor Schmidt declared the public heating open.
Fran Marincola, 1138 S. Vista Del Mar Drive~ stated this ordinance came to be
because he applied for a development with Tandem parking. The Planning and Zoning
Department did not turn it down but stated an ordinance needed to be written regarding tandem
parking. Mr. Marincola explained it is a moot point now because the particular project that was
hitched to this ordinance ran out of time so it no longer is attached to any development in town.
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Mr. Marincola stated there were three comments made at the Downtown Charrette
that he feels were inaccurate. First, it said they did not want the valet parking because valets
drive too fast. Mr. Marincola stated this ordinance has nothing to do with driving or valet
parking so he feels this statement is inappropriate. The other point that was made was that this
ordinance increased density. Mr. Marincola stated this ordinance does not increase intensity for
two reasons. One, if someone wants to open up a restaurant, a bar, cocktail lounge, or a hotel in
this town Mr. Mafincola stated he has a system where you can buy the parking in lieu fees so no
one gets tamed down. Mr. Marincola stated this ordinance actually gives the City Commission
and the Parking Management Advisory Board an option. The other reason it does not increase
intensity is because it is a conditional use. Mr. Marincola stated he supports this ordinance and
feels the City needs to have roles that govern tandem parking.
Bruce Gimmy, 439 East Atlantic Avenue, concurs with comments expressed by
Mr. M, arincola and stated the Parking Management Advisory Board is looking for solutions.
Dan Burns, 1036 Bucida Road, stated he is opposed to part of this ordinance
because of the parking appliance/lift systems. He stated he has had experience with lifts above
ground and the ones built underground for approximately forty years. If the lif~s are not
maintained properly they can break, cause noise, and other unsightly things. He stated a
comment was made at the last meeting he attended and someone suggested encasing the motor
(electric) inside cement. He stated if the motor breaks then the cement would have to be broken
in order to get to the motor. In addition, Mr. Bums stated anything that is encased like this is
going to over heat. Mr. Bums stated one solution to this would be to charge the restaurants more
money for some of the outdoor dining that they are not paying rent on and use this money to buy
some lots that the City can put parking on.
Robert Currie, 134 N.E. 1st Avenue, stated this is a creative way to solve the
parking problems and supports this ordinance. In terms of conditions, Mr. Currie stated if the
Commission agrees to the parking appliance/lift system portion, the lifts could be enclosed with
a roof or walls to insure that there is privacy and no noise. Mr. Curde supports the tandem
parking with valet and reiterated that he feels this is a very reasonable solution to some of the
parking problems.
Henry Williams, 310 N.W. 3r~t Avenue, stated he has worked with hydraulic lifos
his entire life and stated even if the lifts are enclosed with cement, noise will still be generated
fi:om the lifts. Mr. Williams stated he has had experience with hoses constantly breaking with
some of the machinery he has worked on. Mr. Williams stated the hoses hold up to 10,000
pounds of pressure and if they break they make an unsightly mess and urged the Commission to
not support this ordinance.
There being no one else who wished to address the Commission on this issue, the
public hearing was closed.
Mr. Levinson moved to approve the amendment to the Land Development
Regulations Section 4.4.13 to allow required parking to be accommodated utilizing valet parking
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and Section 4.6.9 establishing design standards for valet and tandem parking arrangement as
contained in Ordinance No. 17-01 on FIRST Reading/First Public Hearing, seconded by Mrs.
Archer for discussion purposes.
Discussion by the Commission followed.
Mayor Schmidt stated he heard public comment at the Downtown Charrette about
the lift systems but he had the opportunity to speak to a few planners from Treasure Coast that
were familiar with the systems they recommended not approving the systems because of
problems with noise. In addition, they feel the City may be opening up a Pandora's Box in town
with parking if this is approved as a conditional use. Mayor Schmidt stated he is not going to
support that portion of the ordinance.
Mr. Perlman stated he was waiting for the Downtown Charrette as well. He stated
there'are parts of the ordinance he would like to consider at a later date and feels there will be
support for garage projects.
Mrs. Archer stated she agrees that at best this is a temporary solution and does not
want to be in a position of allowing development of any property with increased density by
reducing the amount of parking spaces required especially since at this time the City is looking to
review what we are doing in terms of density and how it impacts our City. Mrs. Archer
explained she is not in favor of supporting a parking appliance/lift system at this time.
Mr. Levinson stated he too heard comments expressed at the Charrette and also
went by the old CRA office. With regard to Mr. Currie's comments about the tandem parking
and the valet, Mr. Levinson stated he has concerns about the slippery slope on the lift system.
Mayor Schmidt stated the motion on the floor is to approve Ordinance No. 17-01
and asked that the roll be called. Upon roll call the Commission voted as follows: Mr. Levinson
- No; Ms. McCarthy - No; Mayor Schmidt - No; Mr. Perlman - No; Mrs. Archer - No. Said
motion failed with a 5 to 0 vote (Ordinance failed).
Mr. Levinson stated he does not have a problem with the tandem/valet west of the
Intracoastal Waterway and suggested that the Commission look to see if this would make sense
in any the other areas around the City. Mr. Dorling asked if this would be for the Central
Business District (CBD) area east and west? Mr. Levinson stated it would be for the CBD for
both the east and west areas. Mr. Dorling asked if this would also include the townhouse tandem
parking allowing the townhouses to count tandem spaces similar to a single family? In response,
Mr. Levinson stated he would like to see this included.
It was the consensus of the Commission to give staff direction to revise the
ordinance to include tandem/valet parking in the Central Business District (CBD) area both east
and west including the townhouse tandem parking allowing the townhouse to count tandem
spaces similar to single family and present to the Commission at a later date.
IO.B.
ORDINANCE NO. 29-01: An ordinance amending LDR Sections 4.6.9(D) and
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6.1.4(D), regarding paving of driveways and parking spaces, and providing an amortization
period. 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. 29-01:
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, ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUBSECTION 4.6.9(D), "DESIGN
STANDARDS", BY AMENDING SUB-SUBSECTION 4.6.9(D)(8),
"PARKING SURFACES AND DRAINAGE"; AMENDING
CHAPTER 6, "INFRASTRUCTURE AND PUBLIC PROPERTY",
ARTICLE 6.1, "DESIGN STANDARDS AND REQUIREMENTS",
SECTION 6.1.4, "DRIVEWAYS AND POINTS OF ACCESS", BY
AMENDING SUBSECTION 6.1.4(D), "CONSTRUCTION
REQUIREMENTS", BY CLARIFYING REGULATIONS
RELATING TO THE PAVING OF DRIVEWAYS AND PARKING
AREAS; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 29-01 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public heating open. 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. 29-01 on Second and FINAL
Reading, 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.C. ORDINANCE NO. 33-01: An ordinance adopting the Community
Redevelopment Plan Amendment. 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. 33-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY
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REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH;
FINDING THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS
AMENDED; FINDING THAT THE MODIFICATIONS ARE
CONSISTENT WITH THE CITY OF DELRAY BEACH'S
COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS
PURSUANT TO THE APPLICABLE REQUIREMENTS OF
FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 33-01 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 heating open.
Henry Williams, 310 N.W. 3ra Avenue, stated he is not clear regarding the
meaning of this ordinance because the Commission is talking about redevelopment with the
Charrette process and asked for clarification on what part of the redevelopment they mean.
Mr. Perlman stated this is just updating things that are old and does not include
the West Atlantic Redevelopment Coalition (WARC). Mr. Perlman explained a lot of this is for
"housekeeping" purposes and stated the Commission is not ignoring the Charrette.
Diane Dominguez, CRA Director, stated this is the Redevelopment Plan, which
includes all the programs that the CRA is operating, and a lot of the plans that the CRA has for
the redevelopment area. Ms. Dominguez stated the CRA will be participating with the City in
the Master Plan for the Downtown area and reiterated that this is mainly updating some of the
programs and plans. Furthermore, Ms. Dominguez explained once the Master Plan is completed
and after the CRA goes through their own goal setting processes, the Redevelopment Plan may
have to be amended again.
There being no one else who wished to address the Commission on this issue, the
public hearing was closed.
Mrs. Archer moved to adopt Ordinance 33-01 on Second and FINAL Reading,
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.
10.D. ORDINANCE NO. 28-01: An ordinance amending Chapter 52, "Water" of the
City Code of Ordinances and amending Chapter 6, "Infrastructure and Public Property" of the
Land Development Regulations. Prior to consideration of passage of this ordinance on Second
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and FINAL Reading, a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 28-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 52,
"WATER", SUBHEADING, "GENERAL PROVISIONS"; BY
AMENDING SECTION 52.01, "TURNING ON OF SERVICE", TO
PROVIDE A NEW TITLE, "TURNING ON SERVICE"; BY
RELETTERING THE FIRST PARAGRAPH SUBSECTION (A)
AND BY CREATING A NEW SUBPARAGRAPH (B), PROVIDING
FOR THE OPENING OF AN ACCOUNT IF THERE IS ONLY ONE
METER; BY AMENDING SECTION 52.03, "USE OF WATER
FROM HYDRANTS", SUBSECTION (B), TO PROVIDE FOR THE
RETURN OF THE METER BEFORE THE DEPOSIT IS
REFUNDED; BY AMENDING SECTION 52.04,
"INTERCONNECTION OF PUBLIC AND PRIVATE SYSTEMS",
TO PROVIDE FOR INTERCONNECTIONS WITH ADJACENT
MUNICIPALITIES AND WATER UTILITIES; BY AMENDING
THE SUBHEADING, "METERS", BY REPEALING SECTION
52.15, "MINIMUM SIZE OF METERS" AND ENACTING A NEW
SECTION 52.15, "MINIMUM SIZE OF METERS", TO PROVIDE A
METHOD TO DETERMINE THE CORRECT METER SIZE; BY
AMENDING SECTION 52.17, "MULTIPLE CONNECTIONS
THROUGH ONE METER", TO PROVIDE FOR CONNECTIONS
THROUGH ONE METER UNDER CERTAIN CIRCUMSTANCES;
BY AMENDING SECTION 52.19, "VEGETATION WATER
METERS", SUBSECTIONS (A) AND (B) AND ENACTING A NEW
SUBSECTION (D), TO PROVIDE FOR THE LOCATION AND
CIRCUMSTANCES WHERE USE OF A SEPARATE
VEGETATION WATER METER IS PERMISSIBLE; BY
AMENDING SECTION 52.30, "OWNER RESPONSIBLE FOR
CHARGES", BY REPEALING THE FIRST PARAGRAPH AND
ENACTING NEW SUBSECTIONS (A), (B), (C), (D), AND (E) TO
CLARIFY THE RESPONSIBILITIES OF OWNERS AND
TENANTS; BY REPEALING SECTION 52.33, AND ENACTING A
NEW SECTION 52.33, "DEPOSIT TO GUARANTEE PAYMENT",
TO CONSOLIDATE THE RATES AND THE DEPOSIT RATE FOR
1 1/2 INCH METERS OUTSIDE THE CITY, AND BY ENACTING
A NEW SUBSECTION (B) TO PROVIDE THAT CUSTOMERS
WITH NO PREVIOUS DELINQUENCY NEED NOT PAY A
DEPOSIT; BY AMENDING SECTION 52.39, "OTHER FEES", BY
AMENDING SUBSECTION (D), "METER REREADING
CHARGE", TO PROVIDE FOR THE CIRCUMSTANCES FOR THE
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IMPOSITION OF THE CHARGE; BY AMENDING SUBSECTION
52.39(H), "FEE FOR MAINTENANCE OF IMPROVEMENTS IN
RIGHT-OF-WAY", TO CORRECT THE FEE CHARGED BY THE
CITY FOR INSTALLATION OF IRRIGATION IN RIGHTS-OF-
WAY; BY AMENDING "WATER SHORTAGE EMERGENCIES",
SECTION 52.67, "APPLICATION OF PROVISIONS", TO
CLARIFY THE STANDARDS FOR THE DECLARATION OF A
WATER SHORTAGE EMERGENCY; BY AMENDING SECTION
52.68, "WATER SHORTAGE PLAN ADOPTED BY REFERENCE;
AMENDMENTS", AND SECTION 52.69, "DECLARATION OF
WATER SHORTAGE CONDITION; EMERGENCY", TO
PROVIDE FOR THE ENFORCEMENT OF ANY RESTRICTION
IMPOSED BY THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT; AND BY AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, CHAPTER SIX, "INFRASTRUCTURE AND
PUBLIC PROPERTY", SECTION 6.1.10, "WATER SYSTEM",
SUB SECTION 6.1.10(B), "DESIGN STANDARDS",
SUBPARAGRAPH 6.1.10(B)(2), "FIRE PROTECTION
PROVISIONS", BY AMENDING THE FOURTH BULLETED ITEM
UNDER SECTION 6.1.10(B)(2) TO ELIMINATE THE
REFERENCE TO THE WIDTH OF THE ROAD; BY AMENDING
SECTION 6.1.10, "WATER SYSTEM", BY REPEALING SECTION
6.1.10(B)(3), "PROHIBITION ON INTERCONNECTIONS", BY
REPEALING SECTION 6.1.10(B)(4), "LIMITATION ON NUMBER
OF STRUCTU-KES PER METER", BY REPEALING SECTION
6.1.10(B)(5), "PROHIBITION ON USE OF CITY WATER FOR
IRRIGATION", AND BY REPEALING SECTION 6.1.10(B)(6),
"WATER METER SIZING", DELETING THESE PROVISIONS
FROM THE LAND DEVELOPMENT REGULATIONS BECAUSE
THE PROVISIONS ARE CONTAINED IN CHAPTER 52 OF THE
CODE OF ORDINANCES, AND BY AMENDING SECTION 61.10
BY ENACTING A NEW SECTION 6.1.10(D), "INCORPORATION
BY REFERENCE", TO PROVIDE THAT CHAPTER 52, AS MAY
BE AMENDED FROM TIME TO TIME, IS INCORPORATED IN
THE LAND DEVELOPMENT REGULATIONS BY REFERENCE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-01 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
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wished to address the Commission on this issue, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 28-01 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.E. ORDINANCE NO. 30-01: An ordinance amending LDR Section 6.1.3(C)(2),
regarding construction standards for sidewalks through driveways. 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. 30-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER SIX, "INFRASTRUCTURE AND PUBLIC
PROPERTY," SECTION 6.1.3, "SIDEWALKS", SUBSECTION
(C)(2), "SIDEWALK CONSTRUCTION", TO ELIMINATE THE
REQUIREMENT RELATING TO WIRE MESH; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 30-01 is on file in the City Clerk's office.)
Mayor Schmidt declared the public hearing open.
Henry Williams, 310 N.W. 3rd Avenue, asked for clarification regarding this
ordinance and asked if this has anything to do with the Downtown Charrette.
The Commission explained that they are removing the requirement of the wire
mesh and the ordinance is dealing with the actual construction of sidewalks.
There being no one else who wished to address the Commission on this issue, the
public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 30-01 on Second and FINAL
Reading, 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 a 5 to 0 vote.
At this point, the Commission moved to the Commission moved to Item 11,
Comments and Inquiries on Non-Agenda Items.
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ll.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and inquiries.
ll.B.
From the Public.
I I.B.I. Dan Burns, 1036 Bucida Road, stated he is leaving this week for the rest of the
summer and addressed a few issues that may be coming up this summer. First, Mr. Bums
commented that at the south end of A1A there is a building that wants to go to four stories or
possibly even higher. Mr. Bums stated the City has a beautiful beachfront and feels it would
only rain the appearance by allowing such a big building to be erected. He is strongly opposed
to a building of such height to be erected and recommends the City not allow this to happen to
either the east side or the west side of A1A.
Secondly, Mr. Bums stated he has been informed that a motel next to Boston's
Restaurant, on the south side, may be purchased and that they want to bring the motel all the way
to the sidewalk. Mr. Bums is also strongly opposed to this issue and noted he submitted a letter
to Mr. Dorling, Planning Director, regarding the height restriction for the building and would
like to see that the letter is made part of the record.
Mr. Bums stated he is very much in favor of outdoor dining in Delray Beach.
However, he feels some of the restaurants are getting out of line because it is nearly impossible
to walk down the street without having to step out into the street to avoid running into someone
while they are eating their dinner. Mr. Bums suggested that there be better policing in these
areas and emphasized that these restaurants that allow outdoor dining need to abide by the City's
regulations.
Lastly, Mr. Bums thanked the Commission and staff for their time and support.
ll.B.2. Alice Finst, 707 Place Tavant, stated she listened intently to the presentation
about the recreation programs and fields in Delray Beach that was recently presented. She stated
there was a parcel of land that was not on the identification of recreation areas. The City in its
recreation programs formally used this parcel of land. Ms. Finst stated If you stand on the deck
of the Tri-Rail Station and look to the south you can see the parcel of land which is completely
encircled by a paved walking area and has a back stop that is almost not visible due to a giant
palm tree that has grown through the middle of it. In addition, Ms. Finst stated there appears to
be remains of a basketball court and a field that was used by the City of Delray Beach for many
years for either tee ball or soccer. Ms. Finst stated if the City is tight for land then something
should be done to reactivate this area.
Ms. Finst stated this seems like an ideal location because the parking for the Tri-
Rail or the Courthouse is not being used at night or late afternoon when the children would be
playing. She strongly encouraged the City to look at this parcel of land and see if something can
be done.
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ll.B.3. Jean Beer, 2145 S.W. 26th Terrace, stated that after the Charrette Commissioner
Levinson said something about "remember going home from school with a tree seedling in
hand?" Ms. Beer stated if the streets are well paved and inviting, the rest of the neighborhood
will improve around it. Therefore, Ms. Beer stated the property values would go up. She feels it
would be wonderful if there could be tree lined streets on every street in Delray Beach. Ms. Beer
asked if there is any way to investigate through our neighborhoods about possibly starting little
tree nurseries and get free seedlings fi'om someone.
Ms. Beer thanked the Commission for the recent paving of Southridge Road. She
stated this had been a dirt road for approximately forty years.
At this point, Mr. Levinson stated there was a National Arbor Day whereas a city
could be a "Tree City". The City Manager stated in the past the City of Delray has been a "Tree
City" but he does not believe we are now. Mr. Levinson stated that his comment to Ms. Beer
was that when he was kid on May 1st (Arbor Day) you would get a seedling to take home and
plant. Mr. Levinson stated the Arbor Day Foundation would give the seedlings away and the
City may want to consider participating in something like this by giving the seedlings to the
school children to plant in an effort to help the trees.
ll.B.4. Mary Alford, 31 N.W. 14th Avenue, speaking on behalf of the Gateway
Homeowners' Association, stated they were told the Florida Department of Transportation
(FDOT) has denied their request for a left hand turn signal off Atlantic Avenue in the areas
which the Gateway Homeowners' Association feels left hand turn signals are necessary. She
stated that someone made a comment this evening was that there was not enough traffic. Ms.
Alford stated she does know when the traffic studies are conducting but this is not the case and
feels there is indeed heavy traffic volume on Atlantic Avenue. Ms. Alford stated she lives off
N.W. 12th Avenue and there is a school located on the south side of the street and the traffic is
very bad in the mornings and evenings. Ms. Alford asked for assistance from the Commission as
to obtaining a list of reasons why FDOT keeps turning down the request. Ms. Alford stated since
she and other residents live in this area, they feel there is a definite need for these signals
(especially around N.W. 10th Avenue and N.W. 12th Avenue).
11.B.5. Jay Alperin, Co-Chair of the All America City Committee for Delray Beach,
announced that tomorrow is the Committee's kick-off fundraiser. Mr. Alperin distributed badges
to the Commission, which say that the City of Delray is one of the finalists. Mr. Alperin
announced the All America City Committee's presentation in Atlanta would be held on June 22,
2001 at 9:40 a.m. Mr. Alperin invited everyone to attend the dress rehearsal on June 19, 2001 at
7:30 p.m. at Old School Square and encouraged all City employees to wear the badges.
ll.B.6. John Bennett, 137 Seabreeze Avenue, recognized the following Delray Beach
citizens (a copy is attached hereto and incorporated herein as an official part of the minutes):
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World War I (WWI)
Harry Fish
Marvin W. Milton
Loney Myers
Harry Oller
World War II (WWII)
Benjamin F. Jetton
Howell Jones
John Jupinko
Shelton Lamb, Jr.
Ben F. Mclntosh
Logan McNeil
Bradley O'Neal
Alfred Priest
George Riley
Charles L. Vreeland
Vietnam
Arthur R. Sprott, Jr.
Mr. Bennett explained these individuals shared two things in common. One, they
lett Delray Beach for noble national purpose and secondly, they did not return alive. Mr.
Bennett stated whether or not they left to end all wars or to contain communism in Southeast
Asia, they left from here and they were residents of Delray Beach. Mr. Bennett stated on
Memorial Day some of us will gather to commemorate all the nations war dead so he thought it
would be appropriate to single out some of the men who were from this area. In addition, Mr.
Bennett stated there will be a ceremony at the municipal cemetery starting at 9:30 a.m. and
another ceremony will be held at Veteran's Park at 11:00 a.m. Mr. Bennett encouraged the
Commission and citizens to attend one of the ceremonies and especially urged those with
children to bring them in an effort to help them learn that freedom is not free.
9.F. NAMING RIGHTS/DELRAY BEACH TENNIS CENTER: Consider
approval of a proposed agreement with Sports Marketing Consultants Inc. to act as a Non
Exclusive Agent for the City of Dekay Beach to sell naming fights for the Dekay Beach Tennis
Center.
The City Manager noted that changes need to be made to the agreement and the
.City Attorney needs to work on the changes. However, the City Manager stated staff is asking
for direction. Staff is presently preparing the Request for Proposal (RFP) to solicit proposals
from companies so that the City may select a company to sell the naming rights for the tennis
center. The City Manager stated this would come back to the Commission at the June 5th or the
June 19th meeting. The City Manager stated if the Commission were interested in doing
something with this firm whether it be for a year or six months then we work out an acceptable
agreement. If not, then we would let them know that we would be glad to accept their proposal
in response to the Request for Proposal (RFP). The advantage is things would get started sooner
and the disadvantage would be locking up the twenty-one (21) firms that they want exclusive
rights to and whoever gets the RFP would not be able to solicit those fn'ms.
Mr. Levinson asked if Mr. Dubin is recommending this? In response, Mr. Dubin
stated he is recommending the firm and the contract that was initially agreed upon. In addition,
Mr. Levinson recommends the RFP process.
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05/15/01
At this point, Mayor Schmidt recommended to wait until the RFP process is
complete and let Sports Marketing Consultants, Inc. bid on it.
It was the consensus of the Commission to recommend the RFP process and bring
it back to the Commission for approval in June.
9oGo
AMENDED & RESTATED LEASE AGREEMENT/AM BROADCASTING:
Consider approval of an amended and restated lease agreement between the City and AM
Broadcasting.
The City Attorney stated this is an amended and restated agreement. It includes
an updated legal description and the City shall receive $800.00 per month instead of $500.00 per
month, as adjusted by the CPI, or the City may elect to accept advertising with a value double to
the payment. In addition, the City Attorney stated there are a few essential changes to page three
of the agreement. For example, "no above ground structure will be located in any fairway" and
"construction access will be along the new access easement unless otherwise mutually agreed by
the parties".
Mr. Levinson asked if rates we are charging them are competitive with others who
would utilize their tower for other purposes? The City Attorney stated she did not discuss this
with the City Manager.
Mr. Perlman moved to approve the amended and restated lease agreement
between the City and AM Broadcasting, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9oHo
SETTLEMENT AGREEMENT/FLORIDA OUTDOOR ADVERTISING,
LLC.: Consider approval of a Settlement Agreement between Florida Outdoor Advertising,
LLC and the City of Dekay Beach regarding the construction of billboards.
Brian Shutt, Assistant City Attorney, explained that Florida Outdoor Advertising,
LLC (FOA) will withdraw the other four sign applications that were submitted to the City and
waive any rights that it may have to those applications. FOA will construct 2 v-shaped billboard
(one located at 551 S. Congress Avenue and the other located at 770 S.W. 17th Avenue). Mr.
Shutt stated the total height of the sign shall not exceed 65 feet and shall be in conformance with
Exhibit "A" which is attached on the back of the settlement agreement.
Mrs. Archer commented that this would then add two additional billboards but no
more requests will come from this company. However, Mrs. Archer stated the agreement states
nothing about other companies.
Mr. Perlman asked if the Commission is going to revisit the ordinance and close
the barn door? In response, Mr. Shutt stated this has already been addressed.
Mr. Perlman moved to approve the Settlement Agreement between Florida
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Outdoor Advertising, LLC and the City of Delray Beach regarding the construction of billboards,
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.I. APPOINTMENTS TO THE CHARTER REVISION COMMITTEE:
Appoint eleven (11) members to the Charter Revision Committee. Based on the rotation system,
the appointments will begin with Commission Perlman (Seat #1) through Commissioner Archer
(Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor
Schmidt (Seat #5), with the Mayor also appointing a Chairperson.
Mr. Perlman moved to appoint Bill Wood as a member to the Charter Revision
Committee, 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.
Mrs. Archer moved to appoint Rita Ellis as a member to the Charter Revision
Committee, 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.
Mr. Levinson moved to appoint Doak Campbell III as a member to the Charter
Revision Committee, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint David Randolph as a member to the Charter
Revision Committee, 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.
Mayor Schmidt stated he wished to appoint David Henninger as a member to the
Charter Revision Committee. Ms. McCarthy so moved, seconded by Mr. Perlman. 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.
Mr. Perlman moved to appoint Henry Williams as a member to the Charter
Revision Committee, 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.
Mrs. Archer moved to appoint Jay Alperin as a member to the Charter Revision
Committee, 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.
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05/15/01
Mr. Levinson moved to appoint Sarah Shannon as a member to the Charter
Revision Committee, 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.
Ms. McCarthy moved to appoint Michele Smith as a member to the Charter
Revision Committee, 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.
Mayor Schmidt stated he wished to appoint Ken Ellingsworth as Chair to the
Charter Revision Committee. Mr. Perlman so moved, 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.
Mayor Schmidt stated he wished to appoint Joel Solomon subject to passage of
Ordinance No. 34-01. Mr. Perlman so moved, 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.
9.J.
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint one (1) member to the Community Redevelopment Agency to fill an unexpired term
ending July 1, 2001. Appointment to be made by Commissioner Perlman (Seat #1).
Mr. Perlman moved to approve James L. Shuler (incumbent) as a member to the
Community Redevelopment Agency (CRA) to fill an unexpired term ending July 1, 2001,
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.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager stated he is pleased to report that the City has a tentative
agreement on the contract with the Police Benevolent Association (PBA). The City Manager
explained the language in the agreement needs to be finalized before it can be presented to the
Commission for a vote.
The City Manager presented the Commission with a progress report regarding the
goals and objectives that were set last year for the current fiscal year.
The City Manager stated at the League of Cities Board of Directors Meeting,
Palm Beach County is proposing to increase their impact fees and he distributed copies of the
proposed increases. Also, behind that sheet, the City Manager explained there are two sheets
regarding the districts. The first sheet has district letters A-R with fourteen districts that are
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currently used and the impact fees that are collected within each district must be spent within that
district. The second sheet is a six-district scheme that the County is proposing to go to in order
to give them more flexibility in spending this money. The City Manager stated various cities at
the League of Cities Board of Directors Meeting were very concerned about it. The disparity
between east and west that you could have monies collected in the east and spent in the west and
vice versa and the traffic needs are different were pretty cool for the idea of this particular
scheme. The City Manager feels the existing Road Impact Fee District should be retained as
they are. The City Manager announced that this would be going to the Palm Beach County
Commission at a worksession on July 24th.
With regard to the Legislature, the City Manager stated the Geller Bill did pass
which provides a $100 cash payment per citrus tree removed in the Citrus Canker Control
Program.
At this point, Mayor Schmidt commented that from what he read in the
newspaper, the amount of money that was appropriated is not going to be sufficient this budget
year to reimburse everyone. Therefore, the Florida Department of Agriculture is planning to
reimburse everyone by spreading it over a two-year period.
13.B. City Attorney.
The City Attomey had no comments and inquiries on non-agenda items.
13.C.
City Commission.
13.C.1.
Commissioner Perlman
Commissioner Perlman stated he was very happy with the Charrette and pleased
with the level of participation. He feels we need to capture that momentum and move quickly on
some of the concerns raised particular with regard to West Atlantic Avenue.
Secondly, Mr. Perlman feels this is an aggressive and ambitious Commission to
be serving with and feels very proud to be a part of it.
13.C.2.
Commissioner Levinson
Commissioner Levinson inquired about the follow-up presentation to the
Downtown Charrette being held on June 4, 2001, and asked if notices will be sent to inform
people of this presentation? Commissioner Perlman, Co-Chair for the Downtown Charrette
Steering Committee, stated he would contact Lula Butler, Director of Community Improvement
and Diane Dominguez, CRA Director, regarding this matter.
at 8:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
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05/15/01
Acting City Clerk
A~rEST: ,~
MAYOR
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the minutes of the Regular City Commission Meeting of May 15,
20~ql, which minutes were formally approved and adopted by the City Commission on
Acting City Clerk
NOTE TO READER:
If the minutes you have received are not completed as indicated above, this means they are not
the official minutes of the City Commission. They will become the official minutes only after
review and approval, which may involve some amendments, additions or deletions.
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05/15/01
APRIL 3, 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 6:02
p.m., Tuesday, April 3, 2001.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner McCarthy
Commissioner Jeff Perlman
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and
City Attomey Susan A. Ruby
J
Reverend Richard Evans with Abbey Delray South delivered the opening prayer.
The Pledge of Allegiance to the flag of the United States of America was given.
e
AGENDA APPROVAL.
Mayor Schmidt noted the addition of Item 6.A., Proclamation recognizing April
8-14th, 2001, as "National Public Safety Telecommunicators Week" to the agenda by
addendum. In addition, Mayor Schmidt requested that Item 12.B., Ordinance No. 25-01 be
postponed indefinitely and noted Item 12.A., Ordinance 20-01 regarding the Citrus Canker has
been modified. Also, Mayor Schmidt noted the corrected Minutes from the Annual
Organizational Meeting of March 29, 2001.
Mr. Perlman moved to approve the agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of February 6,
2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
Mrs. Archer moved to approve the Minutes of the Special Meeting of March 14,
04/03/01
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.
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PROCLAMATIONS:
6.A. "NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK",
April 8th through April 14, 2001.
Mayor Schmidt read and presented a proclamation proclaiming the week of April
8-14th, 2001, as National Public Safety Telecommunicators Week. Jerry Paller came forward to
accept the proclamation.
PRESENTATIONS:
7.A. Del-Aire/Delray Citizens for Delray Police (Perry DonFrancisco) annual golf
tournament to benefit the Police and Fire Departments.
Perry DonFrancisco gave a brief explanation of the history of the charitable golf
toumament. Mr. DonFrancisco stated because of the generosity from the Del-Aire citizens, the
entire City has benefited and Delray Beach residents are the recipients of better service due to the
new and improved equipment.
A check in the amount of $18,215 was presented to Chief Koen with the Delray
Beach Fire Department and a check in the amount of $18,215 was presented to Major Schroeder
with the Delray Beach Police Department. Major Schroeder thanked Mr. DonFrancisco and
stated with this money the Police Department was able to finish the outfitting of every police car
in Delray Beach with the Automatic External Defibrillators and feels it has been a great benefit
to the entire community. In addition to the equipment mentioned by Major Schroeder, Mr.
DonFrancisco stated that Del-Aire proceeds have also purchased thermal imaging cameras to
detect life in a burning building. Furthermore, Mr. DonFrancisco stated that in addition to
donations to the Police and Fire Departments, Del-Aire has also supported the Delray Citizens
for Delray Police for the last thirteen years and those funds have been used for such things as the
annual toy drive, the Easter Egg Hunt, and the Labor Day Police Challenge.
On behalf of the rest of the citizens of Delray Beach and the City Commission,
Mayor Schmidt thanked the Del-Aire/Delray Citizens for Delray Police for all the work that they
do. Mayor Schmidt stated he had the opportunity to play in the tournament this year and feels
fortunate to have observed an overwhelming enthusiasm from the residents of Del-Aire.
7.B. Delray Camera Club Presentation: 7th Annual Members' Showcase
"Delray at Work and Play"
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Mayor Schmidt stated the Delray Camera Club is a group of amateur and
professional photographers who meet twice a month to learn more about photography from one
another, informative workshops, lectures, slide shows, field trips and monthly competitions.
Each year the Delray Camera Club is invited to exhibit their work at City Hall.
The Club's exhibit this year is "Delray at Work & Play". Club members were permitted to use
one roll of film to take pictures anywhere in Delray Beach. Judges selected 48 photographs from
600 prints. These photographs are on display in the City Hall lobby through April 27th. The
second floor exhibit is a selected collection of work over many years of competitions and
exhibitions by members of the Delray Camera Club. Mayor Schmidt stated it is with great
pleasure to introduce the following winners of this year's competition and present each winner
with a Certificate of Achievement:
HONORABLE MENTION
Earl Crane
"Climbing is Fun at Lake Ida"
Abe Marder
"Ready For Rain"
Seymour Robbins
"Demonstration at Hatsume Fair"
Shirley Wenger
"Doubles"
Shirley Wenger
"The Biker"
Ruthe Zucker
"Good Job"
Third Place
Robert Boylson
"Fountains For Youth"
Second Place
Marion Kofman
"Sand Digger"
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First Place
Henry Huss
"Special Time at Veterans Park"
Florence Greenberg, President of the Delray Beach Camera Club, stated the
Club enjoys and looks forward each year to be invited to participate at City Hall. Mrs.
Grccnbcrg stated thc Dclray Beach Camera Club will endeavor to make thc City proud of them
and is hopeful that there will be many future years of enjoyment.
CONSENT AGENDA: City Manager Recommends Approval.
8.A JOINT PARTICIPATION AND PROJECT FUNDING AGREEMENT
/PALM BEACH COUNTY: Accept a Joint Participation and Project Funding Agreement with
Palm Beach County in the amount of $948,431.50 for the construction of utility upgrades and
relocation associated with the Lake Ida Road Widening Project. Funding is available in the
amount of $219,051.50 from 442-5178-536-65.18 (Lake Ida Road Utility Relocations),
$206,648.00 from 441-5161-536-63.78 (Chatelaine Lift Station) and $522,732.00 from 441-
5181-536-69.21 (Barwick/Lake Ida Road Force Main).
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECT (FDEP)
PERMIT FEES: Approve permit fees in the amount of $16,500 for FDEP related to the Year
2001 Beach Nourishment Project. Funding is available from 332-4164-572-49.90 (Beach
Restoration Fund).
8.C. REQUEST TO SUBORDINATE CITIES' SECOND MORTGAGE
POSITION: Approve request to subordinate the Cities' second mortgage position in the amount
of $17,094 to avoid foreclosure for a Housing Rehabilitation Program recipient.
8.D. RESOLUTION NO. 29-01: Approve a resolution assessing costs for action
necessary to remove junked and/or abandoned vehicles from five (5) properties throughout the
City.
The caption of Resolution No. 29-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
90 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATING
NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE
CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND
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FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE OF LIEN.
(The official copy of Resolution No. 29-01 is on file in the City Clerk's Office.)
8.E. RESOLUTION NO. 30-01: Approve a resolution assessing costs for action
necessary to abate nuisances on eight (8) properties throughout the City.
The caption of Resolution No. 30-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
100 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A
NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED
BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
(The official copy of Resolution No. 30-01 is on file in the City Clerk's Office.)
8.F. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a
subsidy for one (1) eligible applicant/family in the amoum of $15,000, for property located at
135 NW 8th Avenue. This represents the 121st applicant/family under the Delray Renaissance
Program. Funding is from 118-1924-554-83.01 (SHIP Program).
g.G.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period March
19th through March 30, 2001.
8.H. AWARD OF BIDS AND CONTRACTS:
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8.It.1. Bid award in the amount of $93,087.90 to Drilling Services, Inc., for the
abandonment and re-construction of Drinking Water Well//26 with funding from 442-5178-536-
61.82 (Water/Sewer Renewal & Replacement).
Mrs. Archer moved to approve the Consent Agenda, 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.
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REGULAR AGENDA:
9.A. CONTRACT AWARD/MEGAN SOUTH, INC. (West Atlantic AVENUE
BEAUTIFICATION - PHASE 1) Consider approval of a contract award in the amount of
$1,170,187.00 to Megan South, Inc., (second low bid) for the West Atlantic Avenue
Beautification - Phase 1. Funding is available from 441-5161-536-65.49 (West Atlantic Water
Main) for $87,310.75 and $1,082,876.25 from the CRA.
Randal Krejcarek, City Engineer, stated staff is recommending approval of a
contract award in the amount of $1,170,187.00 to Megan South, Inc., for the West Atlantic
Avenue Beautification - Phase 1 (the second low bidder as the lowest responsive bidder).
The low bid came in at $1,136,862.16 from B&A Construction. Individual
meetings were conducted with each of the two low bidders to review scope, subcontractors and
qualifications for doing this type of work. Staff found that B&A never constructed a
beautification project whereas Megan South had successfully completed several. B&A's scope
of work generally consisted of landscaping and irrigation subcontracted to a general contractor,
whereas Megan South's scope of work was primarily done as a general contractor.
Mr. Perlman asked Mr. Krejcarek when he anticipates Phase II would begin? In
response, Mr. Krejcarek stated he is unsure when the West Atlantic Avenue Beautification Phase
II will begin because this is being done with grant money from the Federal Government. Mr.
Krejcarek stated the money for Phase II would not be available for another 3-4 years. Mr.
Perlman asked if there are renderings available for this project? Mr. Krejcarek stated there are
drawings in the Engineering Department that show what the streetscape is going to look like.
Mr. Perlman asked if staff is working with Treasure Coast on the MacArthur initiative and stated
they are looking for all the information that could to be given to their urban designers so they
know what is in the works. Mr. Krejcarek stated that the Engineering staff could provide them
with the landscaping and the hardscaping parts of the plan.
Mr. Levinson moved to approve the Contract Award in the amount of
$1,170,187.00 to Megan South, Inc. as second low bidder and second responsive bidder, for the
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West Atlantic Avenue Beautification Phase I, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
At this point, the City Manager commented that this was put out to bid last
summer and the Commission rejected the bid in August because the City only received one bid.
This bid the Commission just awarded to Megan South, Inc. is $380,000 less than the only bid
the City received last year. Therefore, the City saved $380,000 by waiting.
9oao
REQUEST TO PARTICIPATE IN AMERICORPS FLORIDA READS.*
FOOD DRIVE: Consider a request from the Education Foundation of Palm Beach County to
participate in AmeriCorps Florida Reads! Palm Beach County "Food Drive" during the week of
April 23rd through April 27, 2001.
Teri Whalen, Councilwoman for the City of Greenacres, stated Americorp
Florida Reads is a Nationwide Literacy Program that was developed by President Clinton to help
students read better by the end of the third grade. Ms. Walen stated their program services five
elementary schools in Palm Beach County, which includes Orchard View Elementary School
(located on Linton Boulevard). At this point, Ms. Whalen introduced Harriet Feldman and
Dorothy Leaven, both tutors from Orchard View Elementary School.
One of their projects is to sponsor a volunteer project during the last week of
April during the celebration of National Volunteer Service Week. Ms. Whalen stated their
project is going to be a food drive at five sites and they are asking various business partners from
around the community to participate in varying degrees. In addition, Ms. Whalen stated they are
asking the City Councils of each of the five cities to donate funds according to the pounds of
food that the children raise to be donated back into the schools for literacy and books only. Ms.
Walen stated it would be acceptable for the City of Delray to place a cap on the amount of
money that is donated if they so desire. The food collected will stay in the community of Delray
Beach and the school will select a food bank to receive all the food that the children collect. In
return, one of those classes will receive a pizza party from a business partner within Delray
Beach.
Mayor Schmidt stated the City Manager noted there is no estimate as to what the
funding might be. Ms. Whalen stated CJreenacres has decided to donate a lump sum of $200
towards the effort. Ms. Whalen stated there is no way to know how many pounds of food the
children will raise until the end of the month.
The City Manager stated the City should have some money available during the
mid-year budget process and at that point it could be designated. However, the City Manager
stated the City has currently exhausted its contingency for this type of request.
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Based on the preliminary estimates for mid-year, Mayor Schmidt asked the City
Manager if he has a recommendation if the Commission decides to make a donation? The City
Manager stated he does not have any preliminary estimates for mid-year, however, if the
Commission is looking at a fixed amount then he would recommend a $500 donation.
Before the City considers making any type of donation, Ms. McCarthy stated
there are at least five schools in the Delray Beach area and explained it is quite probable another
school also has a very worthy cause and may choose to come before the Commission with a
similar request. Ms. McCarthy encouraged the Commission to be fully prepared when making
the dollar allocation and to keep in mind that the allocation should be the same for this request as
with any future requests that may arise from the other five schools.
Based on comments expressed by Ms. McCarthy, Mrs. Archer moved to allocate
$300 for the Palm Beach County "Food Drive", 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.C. SPECIAL EVENT/CINCO I)E MAYO FIESTA: Consider a request for
special event approval to allow the Cinco De Mayo Fiesta to be held Saturday, May 5, 2001,
including use, set-up and take-down of the large City stage, staff support for security and waiver
of security costs.
Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse
the Cinco De Mayo Fiesta to be held on Saturday, May 5, 2001, from 11:00 a.m. - 10:00 p.m. at
Old School Square, to grant a temporary use permit for LDR Section 2.2.6(H) for the closure of
N.E. 1st Avenue from the alley north of Atlantic to the CRA lot entrance south ofN.E. 1st Street,
to authorize use and set-up and take-down of the large City stage, to authorize staff support for
security and to waive City costs. The estimated overtime cost for Police security is
approximately $1,900. Last year, Mr. Barcinski stated there was an issue with not having
enough port-a-lets to service the crowd so this year the City wants to insure that there are enough
port-a-lets. Mr. Barcinski informed the Commission that he received a memo from the
Downtown Development Authority indicating that instead of one port-a-let there will be three
port-a-lets plus one handicap port-a-let, which should suffice.
Mr. Perlman moved to approve the special event request to allow the Cinco De
Mayo Fiesta to be held Saturday, May 5, 2001, from 11:00 a.m. - 10:00 p.m. at Old School
Square with staff recommendations, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt
- Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.D. SPECIAL EVENT/THE LEUKEMIA AND LYMPHOMA SOCIETY
ANNUAL 2K WALK: Consider a request for special event approval to allow the Leukemia and
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Lymphoma Society Annual 2K Walk to be held on September 20, 2001, including a temporary
use permit for the use of the sidewalks along A1A and Anchor Park, staff support, consideration
of waiving overtime costs and the request to use Sandoway Park for overflow parking.
Robert A. Barcinski, Assistant City Manager, stated this is a request to consider
approval of the Leukemia and Lymphoma Society Annual 2K Walk to be held on September 20,
2001 from approximately 5:00 p.m. to 9:00 p.m., to grant a temporary use permit per LDR's
Section 2.4.6(H) for the use of the sidewalks along Ocean Boulevard (A-l-A) and Anchor Park
including reserving all parking spaces for the event, and to authorize police assistance for traffic
control. The estimated overtime costs for this event is approximately $250.00. This event was
held last September and overtime costs were approximately $85.00. The Commission should
consider this is a nighttime event and both parking lots would have to be opened until at least
10:00 p.m. An option to utilize Sandoway Park would be Ingraham Parking lot.
Mayor Schmidt asked if the issue of overtime has been discussed with the
sponsor? In response, Mr. Barcinski stated the sponsor paid for the overtime costs last year and
they are projecting a $22,000 profit and his recommendation is that the sponsor pays the
overtime of $250.00.
Mrs. Archer moved to approve the special event request to allow the Leukemia
and Lymphoma Society Annual 2K Walk to be held on September 20, 2001, with staff
recommendations, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
9.E. RESOLUTION NO. 31-01: Consider approval of Resolution No. 31-01 and
Contract for Sale and Purchase between the City and Melanie & Gregory McElroy authorizing
the City to purchase property located between the Woods of Southridge Subdivision and SW 4th
Avenue in the amount of $21,650. The purpose of the acquisition is to provide public right-of-
way.
The caption of Resolution 31-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY
IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS LOT
5, BLOCK 7, SOUTHRIDGE SUBDIVISION LOCATED
BETWEEN THE WOODS OF SOUTHRIDGE SUBDIVISION
AND S.W. 4TM AVENUE AS MORE PARTICULARLY
DESCRIBED HEREIN; HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
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CONDITIONS FOR THE SALE AND PURCHASE BETWEEN
MELANIE & GREGORY MCELROY AND THE CITY OF
DELRAY BEACH, FLORIDA.
(The official copy of Resolution 31-01 is on file in the City Clerk's office.)
Brian Shutt, Assistant City Attomey, stated this resolution authorizes the City to
purchase certain property located between the Woods of Southridge Subdivision and S.W. 4th
Avenue from Melanie & Gregory McElroy for the purchase price of $21,650. The purpose of
the acquisition is to provide public right-of-way.
Mayor Schmidt commented about the funding source and stated the City Manager
has clarified that the funding would be coming from the Road Bond Issue.
Mr. Perlman moved to approve Resolution No. 31-01 and the Contract for Sale
and Purchase between the City and Melanie & Gregory McElroy in the amount of $21,650,
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.F. REQUEST FOR SPONSORSHIP/WORLD TRADE CENTER PALM
BEACH: Consider a request from the World Trade Center Palm Beach to participate in the
World Trade Luncheon.
Alfred Zucaro, Jr., Commissioner for the City of West Palm Beach and
President of the World Trade Center, stated this is a request from the World Trade Center
Palm Beach to contribute and participate in The World Trade Center Luncheon. In the past, Mr.
Zucaro stated they held quarterly luncheons at the Governor's Club but are now doing luncheons
monthly. The Luncheons are rotated on a monthly basis at three different locations throughout
Palm Beach County and The Treasure Coast. The objective of the luncheons is to promote
international trade in Palm Beach, Martin, St. Lucie, Indian River, Okeechobee and Hendry
Counties. The luncheon will feature a country with Government speakers and Consul Generals
from the featured country. Mr. Zucaro stated another objective is to begin to regionalism all of
these business opportunities in working with the various Chambers encouraging them to
participate.
The April luncheon will be held at the Boca Country Club on April 30th with Ron
Chaimovski, Economic Minister to North America Government of Israel, who will be
accompanied by Miki Arbel, Consul General of Israel to Florida & Puerto Rico. Mr. Arbel is the
new Consul General appointed to the Diplomatic Office in Miami. The Miami Diplomatic Corp
is the third largest diplomatic Corp in the world and it is with them that these programs have
been developed to encourage them to come out of Miami and come up to Palm Beach County.
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Mr. Zucaro asked the City of Delray Beach to help sponsor this with the City of Boca Raton so
the entire South Palm Beach County area is covered. Mr. Zucaro anticipates a sell-out crowd of
between 220-230 people. Mr. Zucaro stated this is a way that the South Florida community can
enter into better relations for trade, commerce and tourism. He urged the Commission to
participate because he feels this is a great opportunity for the City to highlight the general area of
Palm Beach County and to continue in the development of a global concept in our region.
Mayor Schmidt stated both Bill Wood and Susie Simms from the Chamber of
Commerce have contacted him encouraging the City to participate in this event. Commissioner
Zucaro stated he has had very successful interaction with a lot of the Chambers in the South
County area and complimented Bill Wood, Director of the Delray Beach Chamber of Commerce.
Commissioner Zucaro stated they are in the process of beginning to hyper-link their web site so
that the Chambers do not have to develop subcommittees or committees for international matters
and they will have access to The World Trade Center web site as well.
Ms. McCarthy commented that she attended one of Commissioner Zucaro's
previous seminars held at the Government Center and the representatives for economic
development from Japan were there. She explained that Commissioner Zucaro created an
atmosphere that was extremely instrumental and informative. In addition, Ms. McCarthy stated
people had the opportunity to speak one-on-one about specific details other then the networking
opportunity and she found this to be very progressive. Commissioner Zucaro thanked Ms.
McCarthy for her comments.
Mr. Levinson moved to approve that the City sponsor the World Trade Luncheon
in the amount of $200, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. 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). This ordinance is being modified by the
City Attorney's office and will be continued to the April 17th meeting for First
Reading/First Public Hearing.
Mayor Schmidt noted that Ordinance No. 23-01 is being modified by the City
Attorney's office and will be continued to the April 17th meeting for a First Reading/First Public
Hearing.
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At this point, the Commission moved to Item 12, First Readings portion of the
agenda.
12.
FIRST READINGS:
12.A. 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. If passed, a public hearing will be scheduled for April 17, 2001.
The City Manager presented 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.
(The official copy of Ordinance No. 20-01 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance.
The City Attorney stated there is a slightly amended ordinance in the agenda
backup only because one Section needs to be labeled "2E". The City Attorney noted that page
two is reversed in the copying order and would like to insure that the top section of the
ordinance has a designation.
Mr. Perlman asked what the procedure is for getting notification out to the public?
In response, the City Manager stated all the companies that are licensed through the City will be
notified or if the City finds out about other companies they will try to get in touch with them to
inform them. Also, the City Manager stated perhaps if Code Enforcement personnel witnesses
whether or not someone has decontamination equipment with them in the field, then at that
point they can be educated on what appropriate measures should be taken.
Mr. Perlman asked if this is an enormous expense for a company to guard
against? In response, the City Manager stated he feels it would be a fairly minor expense
because all it takes is mixing Clorox bleach and water and in a bottle to spray on the equipment.
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04/03/01
The City Manager stated although there are other options, this appears to be the simplest
method.
Mrs. Archer suggested that the City publicize to inform citizens that if they see
someone working in the field and suspect they are not licensed, then the citizens would have a
place to call and report the incident. The City Manager stated that staff could get the message
out to the citizens.
Mr. Perlman moved to approve Ordinance No. 20-01 on FIRST Reading,
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 passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 25-01: An ordinance rezoning from PCC (Planned
Commerce Center) to RT (Restor Tourism) for Glacier Ice and Snow Arena on a 5.963 acre
parcel of land, located at the southeast comer of Lake Ida Road and Congress Avenue (north half
of the Congress Commerce Center site). If passed, a public hearing will be scheduled for April
17, 2001.
The City Manager presented Ordinance No. 25-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED PCC (PLANNED COMMERCE
CENTER) DISTRICT TO RT (RESORT TOURISM) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE SOUTHWEST CORNER OF CONGRESS AVENUE AND
LAKE IDA ROAD, AS MORE PARTICULARLY DESCRIBED
HEREIN; 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. 25-01 is on file in the City Clerk's office.)
Mayor Schmidt noted that Ordinance No. 25-01 has been postponed indefinitely.
12.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. If passed, a public hearing will be scheduled for April 17, 2001.
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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 City Attorney read the caption of the ordinance.
(The official copy of Ordinance No. 22-01 is on file in the City Clerk's office.)
The City Attorney stated the City received a letter regarding Ordinance No. 22-01
and stated that the intent of the ordinance was clear that the City never intended to prohibit non-
commercial speech. However, the City Attorney stated although this was not the City's intent
and this is not how it has been applied, this has thrown out certain sign codes on the basis that
non-commercial speech was not given as much leeway. The City Attorney explained that under
the law it really should be reversed and non-political speech receives higher protection then
commercial speech. In order to make certain and clarify every word in the ordinance,
amendments have been made. The City Attorney reiterated that the primary change to the
ordinance is the amendments. A few other things such as removing the word "text" and signs
were not regulated by the exact words so little adjustments were made to get this underway. The
Community Improvement Department is currently reviewing the sign code in great detail and
more sign code changes will be forthcoming.
Mr. Levinson moved to approve Ordinance No. 22-01 on FIRST Reading,
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 a 5 to 0 vote.
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12.D.I. Discussion of Pending Off-Premise Sign Applications
The City Attomey stated that on March 26, 2001 a meeting was held between
City staff and Florida Outdoor Advertising representatives regarding four applications for off-
premise signs that were submitted by Florida Outdoor Advertising. Florida Outdoor Advertising
has alleged that the City's sign ordinance is unconstitutional in that it impermissibly offers
greater protection for commercial speech as related to non-commercial speech. The City
Attorney stated that Florida Outdoor Advertising made four sites for a potential billboard and
they eliminated two of those sites and thus is suggesting a compromise of two sites.
Brian Shutt, Assistant City Attomey, stated that Florida Outdoor Advertising
found two other applications today for two other sign locations. The City Attorney stated that
Florida Outdoor Advertising originally filed four applications bringing the total number of
applications to six. Therefore, the City Attorney stated Florida Outdoor Advertising would like
to settle with the City with two sites. The City Attorney explained that the southern district of
Florida and Federal Court (an appeal) ruled that another ordinance was unconstitutional and this
is the goal of outdoor advertising firms because then there is no regulation at all. To avoid an
appeal, the City of Pompano Beach swiped out a lot of the billboards in town for the billboards
along 1-95.
From the maps submitted, Mr. Shutt explained that Florida Outdoor Advertising
would like to erect one 50' height billboard advertising two Uncle Bob's Storage areas along
Congress Avenue, not the Linton Boulevard site. One location is 551 S. Congress Avenue and
the other location is 782 S.W. 17th Avenue. Mr. Shutt reiterated that the same storage facility
would be in both locations.
Mrs. Archer asked if this would have any affect on the sign on West Atlantic
Avenue and Barwick Road? In response, the City Attorney stated that was a condition of
development and there is some legislation pending regarding this issue.
The City Attomey asked if there are any other areas in town where as a
conditional of approval the City asks them to take down their signs? In response, Mr. Dorling
stated there are two signs south of Linde11 Boulevard between Federal Highway and Dixie
Highway. One sign has been taken down and thc other will be taken down in a couple of weeks.
The City Manager stated the City has a number of other sites where thc City may want to
consider doing this in thc future.
Mr. Perlman stated, as he understands it that legislation would prevent the
advertising of billboards on any road or highway. The City Manager stated this is correct but the
City does not advertise. The City Manager stated it also prevents requiring their removal as a
condition of the development order, which the City has done in several cases. Mr. Dorling stated
two signs along the West side of Military Trail were required to be removed.
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Mr. Perlman stated he spoke to Senator Kline who feels the City's current
ordinance would have difficulty in Court. Mr. Perlman stated this is not pleasant and asked if the
City settles for these two sites can we close the door and write an ordinance that would prevent
anyone else from doing this? In response, the City Attorney explained that the purpose of making
the changes is to rectify some infirmities. As Mayor Schmidt mentioned, the City Manager
stated that the City is dealing with a trial court decision at this point and we do not have an
appeals court decision. Furthermore, the City Manager stated they are talking about a few huge
billboards that are over 900 square feet in size and the question is whether the appeals court will
uphold the ordinance and sever the small part of it that is really involved.
Mayor Schmidt asked if a portion of the ordinance is severed out, how would this
affect the existing ordinance? In response, the City Attorney explained that currently the City
does not allow billboards of this size and so the banning of the signs would apply to commercial
and non-commercial signs. The City Attorney stated the City has always maintained that we
never did prohibit non-commercial speech. For example, the City regulates the signs for a
business that it has to be related to that particular business. At the same time, the City Attorney
stated the City has never said it could not be some other thought.
Mr. Levinson expressed concem over this issue and feels the City may be taking
on an industry with mega money. He feels if there is a compromise for the request for two more
sites and then it is all over, that may be a good alternative. However, Mr. Levinson shares Mr.
Perlman's concerns about this turning into a potential problem if Florida Outdoor Advertising
requests two more sites then requests another two more sites and so on. Mr. Levinson stated that
the Commission feels they need to defer this to the City Attorney because if this ordinance is
rewritten so it does not contain the provisions that it then struck, he feels it would be much
stronger than the existing ordinance.
Discussion by the Commission followed.
Mrs. Archer asked if the City is left with the two signs along 1-95 can the City
make any rules as to how they should look? In response, the City Attorney stated she is
requesting whether or not to continue discussions and address certain aspects that are being
raised now such as moving 3-sided signs etc.
With regard to his conversation with Florida Outdoor Advertising, Mr. Perlman
stated they seem to be very cooperative in working with the City.
The City Attorney reiterated that the two sites the Commission is discussing this
evening are the two northernmost dots on the map and are the sites that Florida Outdoor
Advertising is requesting to keep not the Linton Boulevard site.
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Mayor Schmidt stated he concurs with the City Manager but it may be a lesser of
two evils to try and work towards a compromise and include in future discussions the size of the
signs.
It was the consensus of the Commission to direct staff to continue moving
forward with negotiations.
12.1). ORDINANCE NO. 24-01: An ordinance amending LDR "Definitions" section
to provide clarification to the definition "Ground Floor Building Area". If passed, a public
hearing will be scheduled for April 17, 2001.
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.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated this is to provide clarification to the
definition of "Ground Floor Building Area" contained within the Land Development
Regulations. At its meeting of September 14, 2000, the Board of Adjustment approved a
variance to reduce the minimum required floor area in the Planned Commercial zoning district
from 6,000 sq. ft. to 208 sq. ft. for a Murphy's Oil gasoline station. The basis for allowing the
variance related to the argument that the pump island canopy should be included as floor area as
it meets the current definition. This literal interpretation was supported by the Board of
Adjustment and clearly was not the intent of the minimum floor area requirement of 6,000-sq.
ft. in the PC zoning district. Ground Floor Building Area is currently defined as follows:
"The percentage of the total area of a lot that, when viewed
directly from above, would be covered by all principal and
accessory buildings and structures."
If this definition remains as currently written, similar requests would be
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anticipated for other gasoline stations and other types of developments which have canopies,
such as drive-through bank facilities. This interpretation of the definition also creates conflicts
with other sections of the LDRs, which deal with requirements based on floor area, such as
parking and the minimum floor area for residential structures. To clarify the issue, the following
definition is proposed:
"The square feet of floor space measured from the exterior faces of
the exterior walls of the ground floor of all principal and
accessory buildings on the lot."
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 amendment. After
discussing the item, the Board voted 7-0 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).
Mr. Dorling stated the recommended action is to approve the amendment to the
"Definitions" section of the LDRs (Appendix A) regarding ground floor building area based
upon the findings and recommendations by the Planning and Zoning Board.
After discussion, Ms. McCarthy moved to approve Ordinance No. 24-01 on
FIRST 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.
12.E. ORDINANCE NO. 26-01: An ordinance amending Chapter 71, "Parking
Regulations", of the City Code or Ordinances by amending Section 71.07, "When Impoundment
Authorized", by amending Subsection (E) to include emergency vehicles. If passed, a public
hearing will be scheduled for April 17, 2001.
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.
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(The official copy of Ordinance No. 26-01 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance.
The City Manager explained this ordinance is being presented to the Commission
because of a concern about people parking in front of the gate at Eve Street (Tropic Isles
subdivision). The City approved cutting off the street and there is a gate to allow emergency
vehicles to get through. However, the City Manager stated that if people park in front of the
gate, emergency vehicles will not be able to get through. It was determined that the ordinance
be more clearly defined as to allow emergency vehicles the right of access where they may be
impeded by illegally parked vehicles to provide for the access of the emergency vehicles.
Mr. Levinson moved to approve Ordinance No. 26-01 on FIRST Reading,
seconded by Mr. Perlman. 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.
11.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC - IMMEDIATELY FOLLOWING THE PUBLIC HEARINGS.
ll.A.
City Manager's response to prior public comments and inquiries.
In response to a prior inquiry regarding the swales on S.W. 8th Court, the City
Manager stated that this street is included in the Road Bond Program and explained that swales
are not intended to remedy drainage problems but are a requirement under the current National
Pollution Discharge Elimination System (NPDES) permit. The main purpose of the swale is to
provide treatment of the first flush of rainwater by letting it wash off whatever is on the street
into the swale where the water would then soak into the ground. In areas such as S.W. 8th Court
where the soil is very sandy swales also allow rainwater to percolate back instead of sending it
directly into the large body of water which is usually the Intracoastal Waterway. During
extremely dry periods, which is currently the case, this percolation is very valuable. The City is
committed to developing grass to swales in any residential neighborhood when other
infrastructure improvements are implemented. Along with roadway resurfacing, S.W. 8th Court
is having the two-inch water main upgraded to a larger size. The ponding, which was referred to
along S.W. 4th Avenue will be addressed as part of a future project already, identified in the
Capital Improvement Program (CIP).
The City Manager stated that he met with Mrs. Griffin this morning and feels she
is satisfied with the City's present course of action. In addition, the City Manager explained that
the City will increase Mrs. Griffin's driveway by four feet in order to make it wide enough to
accommodate her with her wheelchair when she is maneuvering around her vehicle.
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In response to Mr. Randolph's concern regarding Roper's Grocery and Deli
located at 24 N.W. 8u' Avenue, the City Manager stated this was approved for occupancy on July
24, 2000. The City Manager explained that customers coming to the store for parking directly
across the street are now using the vacant property. With regard to a previous comment made by
Mr. Randolph, the City Manager stated that Mr. Roper has approval from the property owner to
use the property. However, the City Code requires that any off-site parking be done through a
formal agreement and usual improvement of the lot as a temporary parking lot is required. The
City Manager stated that the City feels Mr. Randolph is referring to the situation with the Back
Room where the Community Redevelopment Agency (CRA) allowed them to use the vacant and
unimproved land to do their business for overflow parking. The CRA felt this was a temporary
situation when they agreed to this arrangement. However, the Back Room had plans, which had
been drawn up after purchase of additional property to construct a parking lot as part of his
redevelopment plan. Mr. Roper does not have any such plans in place that the City is aware of.
Also, all the approved spaces for sidewalk cafes are designated and identified with markers on
the sidewalk so that during non-working hours, Police can ensure that businesses comply with
the requirement to maintain a five foot pedestrian access. To further monitor this, the City
Manager stated that the Code Enforcement staff would be checking the downtown corridor in
concert with their 6:00 a.m. starting time and any non-compliance issues will be addressed.
With regard to the NICE Program, the City Manager stated the program is
focused along Atlantic Avenue between 1-95 and N.W. 5th Avenue and at this time the City does
not plan to address businesses on side streets.
The City Manager stated that the City has received some complaints from the
neighbors regarding noise generated from people sitting at the tables behind Mr. Roper's
business in the evenings. This is part of the reason the City has been involved in what is going
on there. Ms. McCarthy inquired as whether or not there have been complaints about noise
during the day versus the evening and asked if there is a time certain that Mr. Roper has to have
a formal agreement turned into the City regarding the vacant lot? The City Manager stated he
would look into both of these issues.
With regard to the NICE Program, the City Manager stated the program is
focused along Atlantic Avenue between 1-95 and N.W. 5th Avenue and at this time the City does
not plan to address businesses on side streets.
ll.B.
From the Public.
ll.B.1. Fred W. Love, 315 N.W. 18th Street, stated that The Palm Beach Post made an
editorial comment regarding the action made by the City Commission at its March 12, 2001
Special Meeting regarding the Citrus Canker issue. Mr. Love stated the editorial was very
critical of the actions of the Commission so following that he wrote a letter to the editor
criticizing their action. Since the newspaper did not publish his letter, Mr. Love read his March
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14, 2001, letter into the record. He feels the action on behalf of the Commission is appropriate
and commendable and thanked the Commission for their support.
ll.B.2. Ruth Silverman, Secretary of the Homeowners' Association of the Villas of
Rainberry Lake, expressed concern over a particular incident where eight tracks from the
Department of Agriculture came into her neighborhood to cut down the trees. She stated that
each track had personnel of three and the Department of Agriculture was accompanied by a Palm
Beach County Sheriff's car as to intimidate the residents. She feels the crews are very careless
and sloppy. Mrs. Silverman stated that today the crews broke two windows at one residence and
a sprinkler pipe at another residence, which has not yet been repaired. The broken sprinkler pipe
flooded not only that home but the home behind it as well. Mrs. Silverman stated she is outraged
over this situation and feels the citizens have not received a fair hearing. She asked the
Commission for their continued support and assistance regarding the Citrus Canker issue and
urged the City of Delray to protest the use of the Palm Beach County Sheriff's car.
ll.B.3. Jack O'Reilly, representing Jardin del Mar, explained that Jardin del Mar is
located at 200 South Ocean Boulevard and is bonded by Ingraham Avenue, Gleason Street, and
Ocean Terrace. Mr. O'Reilly stated the Sandoway House has a parking lot at the Ingraham
Avenue entrance and the entry off Ingraham Avenue is approximately 50 feet west of South
Ocean Boulevard. Mr. O'Reilly stated that on a weekday or weekend while driving south on
South Ocean Boulevard heading down Ingraham Avenue he has observed the traffic pattern
going into the Sandoway parking lot. From Atlantic Avenue heading south on South Ocean
Boulevard while heading down Ingraham Avenue people use the Sandoway parking lot to make
U-tums then drive up South Ocean Boulevard turn left (north) again to head towards Atlantic
Avenue. He feels this presents two major problems. One, the traffic is continual and there are
very many near accidents that occur, and second, the street are extremely narrow (18 feet across).
When an individual reverses and makes a left hand turn on South Ocean Boulevard, Mr.
O'Reilly stated they are making an illegal turn because there is a sign that clearly states that they
should not make this turn. Mr. O'Reilly suggested that the Commission look into making
Ingraham Avenue and Ocean Terrace one-way streets and feels that the proposed solution should
be incorporated as an addendum to the Ingraham Sidewalk Improvement Project which is
currently underway.
ll.B.4. Rosetta Rolle, 301 N.W. 3ra Avenue, stated she inquired about the status and
scheduling of the sidewalks in the northwest area. Due to heavy pedestrian traffic in this area,
Mrs. Rolle stated there is a great need for sidewalks particularly on N.W. 3rd Avenue. She asked
what the plans are for sidewalks and what is the procedure for getting sidewalks in the northwest
area between Lake Ida Road and in some instances Atlantic Avenue or Martin Luther King
Drive.
The City Manager stated he will have to do some research on this to determine
what streets are scheduled to have sidewalks.
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ll.B.5. Dr. Josh Smith, 3616 Avenue De Gien, stated he realizes needs assessment
study is being done with regard to Parks and Recreation. However, he feels this issue for the
need of additional tennis courts at Pompey Park was initially raised in November of 1996.
Dr. Smith supports the needs assessment for Parks and Recreation and
commented that this is the first citywide needs assessment by Parks and Recreation. He stated
Parks and Recreation Department has refused to consider additional tennis courts at Pompey
Park and recommended eliminating the Pompey Park Advisory Committee (Disbanded on
02/01/00) which allowed citizen input. He stated that the citizens have said that they would like
to see additional tennis courts and they have also expressed interest in having an Advisory
Committee at Pompey Park so that they can give input on items such as programs, activities, the
budget facilities, and to make recommendations on the particular needs of the City's youth and
adult segments of the community. Dr. Smith strongly suggested that the Advisory Committee
should be integrated and suggested that members of the Advisory Committee not be employees
of the Parks and Recreation Department. Dr. Smith stated he employs the Commission to bring
to the staff who insists making unilateral decisions without including and considering input from
citizens back in line with the directions that the Commission has established.
With regard to City Board applications, Dr. Smith suggested that these
applications be revised with information so that when a Commissioner is contemplating
recommending an individual for a particular Board, an effort is made to alert a Commissioner of
anything that may be suspicious. Dr. Smith stated that the way the application is presently
structured, there is nothing that would remotely indicate that there is a "red flag" aspect. Dr.
Smith stated that perhaps the City could establish a policy that could be inculcated into the
application. Individuals who have been incarcerated and who have restored their citizenship
would be a registered voter. He feels the question of whether or not an applicant is a registered
voter is pertinent and if made part of the application it would help to remove the Commission
from being in a precarious position. He urged the Commission to seriously consider this matter.
ll.B.6. Barry Silver, attorneys representing Delray Shores residents and Rainberry
Bay, echoed comments made by Dr. Smith and stated that in order to be able to play tennis
residents have to have access to tennis courts. Mr. Silver stated it would be be~eficial for the
City to provide additional tennis courts.
With regard to the Citrus Canker issue, Mr. Silver thanked the Commission for
getting involved and complimented Jay Jambeck, Assistant City Attorney, for all his efforts. Mr.
Silver updated the Commission and stated that this has gone to Federal Court today. As for the
trees in the Rainberry Bay and Delray Shores area, these trees are still being protected and an
effort is being made to try to compensate those people who's rights have been violated by the
Department of Agriculture.
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11.B.7. Kenneth Gray, 696 Udell Lane, stated that there are rumors in the Delray Shores
area and asked for clarification as to whether or not Delray Shores is indeed covered under the
City at this point. Regarding the citrus canker issue, the City Attorney explained that there is
currently a "stay" in place for Delray Shores and the "stay" was lifted only for Rainberry Bay
and Rainberry Villas. Mr. Gray expressed his appreciation to the City Attorney for clarifying
this issue.
ll.B.8. Alice Finst, 707 Place Tavant, thanked the City Attorney's office for keeping her
informed regarding the Citrus Canker issue and asked why the Monday meeting did not happen.
Secondly, Ms. Finst asked if the City filed only on behalf of their four trees, how
much of this umbrella covers the entire City and why did the City only file on behalf of their four
trees and not include the entire geographical area of the City?
Regarding the Monday meeting, the City Attorney stated although the order was
received today at this particular hearing the Judge had other duties. The City Attorney explained
that the case was filed on behalf of the City of Delray Beach and all its citizens. In addition, the
City Attorney stated the City tried to get a hearing twice and was denied. The City is on a docket
for July 17, 2001, which indicates that this is not being treated as an emergency. On March 30,
2001, the City filed another petition with the appellate court seeking a specialized "Writ" and
today the City received the order from the appellant court that gave the Judge, the Department of
Agriculture, and others seven days to respond to the petition in order to show cause why they did
what they did. Therefore, the City Attorney stated that response is due within seven days.
At this point, Ms. Finst inquired as to why the trees in Rainberry Bay are being
cut? Upon question from Ms. Finst, the City Attorney stated that in Delray Shores Mr. Silver has
filed a "stay" action which the appellate court granted as it pertained to the initial final order that
was issued by the Department of Agriculture and there was an administrative review of that and
the appellate court "stayed" any cutting until that process was concluded. The Rainberry Bay
and Villas was concluded, the "stay" was lifted and therefore, the Department of Agriculture is
cutting the trees. The Delray Shores process was not concluded has not been as of yet, and
therefore the "stay" is in effect. The City Attorney explained that currently this is why the
Department of Agriculture is cutting trees in Rainberry Bay and Rainberry Villas and not cutting
trees in the Delray Shores area.
ll.B.9. John Bennett, 137 Seabreeze Avenue, congratulated the newly seated and the
newly elected Commissioner Jon Levinson.
Mr. Bennett asked who owns the citrus trees on the right-of-way along George
Bush Boulevard between the road and the sidewalk on both sides of the bridge?
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Mr. Bennett stated that in June 2000, the City Commission had a conversation,
which subsequently was interpreted as a consensus to no longer permit sidewalk deferral
agreements. Subsequently, a sidewalk deferral agreement was entered into because it was
already in the works and the backup material for that action said that there was a policy against
the agreements. Mr. Bennett explained at the February 6h Regular City Commission Meeting the
City Manager responded to Mr. Bennett's concern and stated that "The Engineering Department
conducted a comprehensive overview of existing sidewalks, sidewalk deferrals and sidewalk
waivers. Once this information is compiled, it will be presented to the Commission for
discussion and direction." At the Regular City Commission Meeting of March 20, 2001 there
were two sidewalk deferral agreements that the City entered into. He inquired as to what
happened to the review and suggested that the City analyze the actions in light of the policies
that the City is developing.
As was brought up at the Annual Town Hall Meeting, Mr. Bennett asked if there
has been any progress towards getting a Community Unity Strategy and Action Plan in place and
inquired about the current status.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
In response to the comment made by Mrs. Silverman, the City Manager stated the
Palm Beach County Sheriff has concurrent jurisdiction throughout the county including inside all
municipalities so he has full authority to operate inside our City.
Secondly, regarding the inquiry about the status of the Bill for compensation as it
relates to the Citrus Canker, the City Manager stated that this is now in the Appropriation
Subcommittee on general government and as of yesterday, the committee did not indicate when
it might be heard or discussed.
The City Manager stated that at the Palm Beach County League of Cities Board
meeting there was a lot of discussion regarding Senate Bill 744 that would mandate the issuance
of building permits under certain circumstances. There would be a certain length of time to issue
the permit and if it were not issued within that length of time it would be issued. The City
Manager expressed concern over this Bill and feels it completely ignores the entire process that
can happen that may sometimes cause a delay. He stated this is a reaction primarily to things
that are happening in Dade County where it can take up to six months or more to obtain a
building permit.
The City Manager announced that Retha Lowe, President for the Palm Beach
County League of Cities, was defeated for re-election in Lake Worth. The Mayor of Hypoluxo
has moved up to that position and Ms. Lowe will also have to be replaced on the Florida League
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of Cities Board and the Treasure Coast Regional Planning Council. Furthermore, the City
Manager informed the Commission that Commissioner Bill Moss from West Palm Beach was
appointed to the Impact Fee Committee to represent the Palm Beach County League of Cities.
13.B. City Attorney.
The City Attomey publicly thanked Jay Jambeck, Assistant City Attorney and
expressed her appreciation for the long hours he has worked and for the tremendous job he has
done with regard to the litigation on the Citrus Canker issue.
13.C.
City Commission.
13.C.1.
Commissioner Levinson had no comments or inquiries.
13.C.2. Commissioner McCarthy stated she attended a conference for the newly formed
Palm Beach County Conference of Black Elected Officials and Delray Beach will host its first
meeting. Ms. McCarthy invited everyone to attend this meeting which will be held April 27th at
5:00 p.m. Although a location has not yet been determined, Ms. McCarthy stated that at this
time there would be at least 15 people attending and there is a possibility of the attendance
increasing to approximately a total of 27 people.
The City Manager stated people are required to submit a budget with their annual
request when asking for money for special events. With regard to the funding requests that are
being presented to the Commission during mid-year, the City Manager explained that the City
has not traditionally asked for this type of information but can if they feel it is necessary. Per
Commissioner Perlman's suggestion, the City Manager stated that there is going to be discussion
at the April 10th Workshop meeting about developing a policy on how to handle mid-year grant
requests. In order to start preparing for next year, Ms. McCarthy stated she would like to see the
City place a cap on the amount of funds that will be allocated for recreational events.
Ms. McCarthy commented about the City Board applications and requested that
the City Board/Committee application and Board structure be reviewed at the April l0th
Workshop meeting.
13.C.3. Commissioner Perlman stated that at the Downtown Business Area Plan
Steering Committee meeting sponsored by the John D. and Catherine T. MacArthur Foundation
met last evening and is now fully ready for the Charrette. Mr. Perlman complimented and
thanked Jeff Costello, Staff Liaison, along with the entire committee that handled the marketing.
Mr. Perlman stated the committee deserves recognition for a job well done. Mr. Perlman
announced that the Charrette will be held on Friday, April 27th from 7:00 p.m. - 9:00 p.m. and
Saturday, April 28th from 9:00 a.m. - 3:00 p.m. at Pompey Park Recreation Center and Friday,
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May 4th from 7:00 p.m. - 9:00 p.m. in the City Commission Chambers. Commissioner Perlman
stated these meetings are open to the public and encouraged everyone to attend.
With regard to Jay Slavin's letter from Visions 2010, she commented about
whether there is a fee. Mr. Perlman stated he checked and there is apparently no fee required.
With regard to Vice-Mayor McCarthy's concerns regarding the Board
applications, Mr. Perlman stated he would like to take a comprehensive look at the City Boards
including the CRA and review the structure, length of terms, and the criteria of these Advisory
Boards.
13.C.4. Commissioner Areher stated with regard to the cutting of the trees and workman
tramping on properties, she suggested that perhaps the City look into having someone available
while this is going on to try and provide some sort of decorum of reasonable care for peoples
property.
Secondly, Mrs. Archer stated she has listened to Mrs. Rolle's comments regarding
the need for sidewalks for quite some time and asked if staff could evaluate heavy pedestrian
traffic versus vehicle traffic in communities throughout the City to try and determine when a
sidewalk is needed in a particular area.
13.C.5. Mayor Schmidt commented about an article in the Florida Trend Magazine,
which mentions maintaining small town flavor and stated the first town mentioned is Delray
Beach. He encouraged the Commission to read this article in the current issue of Florida Trend
Magazine.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:25 p.m.
Acting City Clerk
ATTEST:
MAYOR
-26-
04/03/01
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 of said City
Commission of April 3, 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.
-27-
04/03/01
MAY 8, 2001
A Special Meeting of the City Commission of the City of Ddray Beach, Florida was
called to order by Mayor David Schmidt in the First Floor Conference Room at City Hall at 6:00
P.M., Tuesday, May 8, 2001.
Roll call showed:
Present -
Commissioner Patrida Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Jon Levinson
Mayor David Schmidt
Absent - None
Also present were -
City Manager David T. Harden and
City Attorney Susan A. Ruby
Mayor Schmidt called the meeting to order and announced that it had been called for
the purpose of considering the following items:
Distribution of FY 2002-Drug Control & System Improvement Funds: Consider approval
of the distribution of FY 2002 Drug Control & System Improvement (DCSI) funds (aka Byme
funds) in the amount of $726,079 as recommended by the Criminal Justice Commission, and
authorize the Mayor to send a letter agreeing to the allocation of these funds.
Mr. Perlman made a motion to approve the distribution of FY 2002 Drug Control & System
Improvement (DCSI) funds and authorize the Mayor to send the requested letter in support,
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 passed with a 5 to 0 vote.
Youth Enrichment Vocational Center Fund Raiser: Consider a request to extend the dosing
time of the Sandoway House Parking Lot on May 10th until 9:30 p.m. to accommodate parking
for this event.
Mr. Levinson made a motion to approve the request to extend the dosing time of the
Sandoway House Parking Lot on May 10m until 9:30 p.m., 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 a 5 to 0
vote.
Mrs. Archer made a motion for the City to donate T~e Tyne for four (4) at the Delray Beach
Municipal Golf Course and ~srt Tyne for four (4) at the Delray Beach Tennis Center, for
the feature "Silent Auction", 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.
3. Proposed Letter Regarding Feeding of Marine Life.
Mr. Perlman made a motion to authorize the Mayor to sign and forward a letter to the
Florida Fish and Wildlife Conservation Commission "urging them to carefully study this
issue, and to prohibit or regulate it in a manner, which errs on the side of protection the
millions of viskors and residents who use our beaches", seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Ms. McCarthy- Yes; Mayor Schrnidt - Yes; Mr.
Perlman - Yes Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
Mayor Schrnic[t declared the Special Meeting adjourned at 6:10 p.m., at which time
the Commission convened to the regularly scheduled Workshop Meeting, moving Special Item No.
4 to the end of the Workshop Meeting.
At 8:50 p.m. with the completion of the Workshop Meeting, Mayor Schmidt
announced that the Commission would hold a Closed Session to consider the following item:
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of
Dharma Properties~ Inc. v. City of Delray Beach et aLi Case No. AP-00-1157-AY and Block 77
Development Group v. Dharma Properties~ Inc, et al.; Case No. CL-00-5097-AI.
Attendees:
Purpose:
Mayor David Schrnidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Per[man
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
Assistant City Attorney JayJambe&
A certified court reporter
Discuss settlement negotiations and strategy related to litigation expenditures
in the above case.
Mayor Schmidt dedared the Special Meeting opened at 9:10 p.m.
There being no further business, Mayor Schmidt declared the Spedal Meeting
adjourned at 9:11 p.m.
Acting City Clerk
ATTEST:
MAYOR
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and
the information provided herein is the Minutes of the Special Meeting of the City Commission held
on May 8, 2001, which Minutes were formally approved and adopted by the City Commission on
Acting Cky Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above, this
means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
-3-
WHEREAS, the open exchange of public discourse is essential to the democratic
system of government; and
WHEREAS, as a cornerstone of democracy Americans have observed certain
rules of behavior generally known as civility; and
WHEREAS, civility derived from the Latin words 'civitas" meaning city and ~civis"
meaning citizen, is behavior worthy of citizens living in a community or in common with
others; and
WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of
respect and personal attacks detract from the open exchange of ideas, prevent fair
discussion of the issues, and can discourage individuals from participation in
government; and
WHEREAS, civility can assist in reaching consensus on diverse issues and allow
for mutually respectful ongoing relationships; and
WHEREAS, civility can uplift our daily life and make it more pleasant to live in an
organized society; and
WHEREAS, the City, County and Local Government Law Section of The Florida
Bar urges the adoption of a pledge of civility by all citizens in the State of Florida
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach,
'Florida, on behalf of the City Commission do hereby proclaim the month of May, 2001
as
"CIVILITY MONTH"
in Delray Beach, and call upon all its citizens to exercise civility toward each other.
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 15th day of May, 2001.
DAVID W. SCHMIDT
MAYOR
COUNTY AND
LOCAL GOVERNMENT
www. Ioc-gov-law. org
CHAIR:
Sandy MacLennan
225 Water Street, Ste 2100
Jacksonville, FL 32202-5154
(904) 366-2462
amaclennan@ssd corn
CHAIR-ELECT:
Susan H Churuti
315 Court Street
Clearwater, FL 33756-5165
(727) 464-3354
schurut~{}co p~nellas fl us
SECRETARY/TREASURER:
Thomas Pelham
909 E Park Ave
Tellahassee, FL 32301-2646
(850)222-5984
tgpelham @aol corn
IMMEDIATE PAST CHAIR:
Mark P Barnebey
Bradenton, FL 34205-7841
(941)744-9691
BOARD LIAISON:
Lores Kwall, Clearwater
(727) 441-4947
EXECUTIVE COUNCIL:
Terms Expiring 2001:
District 1
Can L Roth
Tallahassee
(850) 488-0410
District 2
Kenneth W Buchman
Plant C~ty
(813} 752-3172
Terms Expiring 2002:
District 3
Craig H Coller
M~am~
(305) 375-5151
District 5
Kaye Colhe
Orlando
(407) 836-5695
Terms Expiring 2003:
Dletrlct 4
Eugene Ste~nfeld
Margate
(954) 972-8830
Terme Expiring 2001
At-Large Members:
Emehne C Acton
Tampa
(813) 272-5670
Professor James J Brown
St Petersburg
(727) 562-7855
LIz Hernandez
Coral Gables
(305)460-5218
Lawrence A Levy
M~am~ Beach
(305) 673-7470
Susan L Trevarthen
Ft Lauderdale
(954)763-4242
Maureen S Slkora
Bradenton
(941) 745-3750
Ex-Officio Members:
All Past Chairs
SECTION ADMINISTRATOR:
Carol K~rkland
The Florida Bar
ckirkland @ fiabar org
Mayor David W. Schmidt
100 N.W. 1st Ave.
Delray Beach, FL 33444-2698
April23,2001
Re:
Proclamation and Pledge of Civility in the Month of May
Dear Mayor Schmidt:
Last year we successfully commenced our annual campaign to ask all cities and
counties in the State of Florida to proclaim May as Civility Month. This year we
have expanded our program to include Florida's district school boards.
We hope that the pledge of civility will uplift the tone and conduct in your
meetings. Civility uplifts our common life, and invites citizens to participate in
their school district. The art of civility requires constant application everyday.
For this reason, the members of the City, County, and Local Government Law
Section of The Florida Bar ask you to renew the pledge of public conduct, and ask
that your local government once again proclaim the month of May as Civility
Month. A sample proclamation is enclosed for your use. We urge all citizens to
exercise civility toward each other throughout the year.
Thank you for your attention to this important matter.
Sincerely,
Alexandra M. MacLennan
Chair
Enclosure
AMM:CK:kcT2a.wpd
',~ECEIVED
CLEr K
THE FLORIDA BAR/650 APALACHEE PARKWAY/TALLAHASSEE, FLORIDA 32399-2300/(850) 561-5631/FAX: (850)561-5825
PROCLAMATION
· VV//ereas~ the open exchange of public discourse is essential to the democratic system of
government; and
c//~heret~j as a cornerstone of democracy Americans have observed certain rules of behavior
generally known as civihty;
r~hereo.~j civility, derived from the Latin words "civitas" meaning city and "civis" meamng
citizen, ~s behavior worthy of citizens hwng in a community or in common w~th others; and
r//~hereo.~q~ &splays of anger, rudeness, ridicule, impatience, and a lack of respect and personal
attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can &scourage
individuals from participation ~n government; and
rI/~herea~, civlhty can assist in reaching consensus on &verse issues and allow for mutually
respectful ongoing relationships; and
c//~heretT~ civihty can uphft our daily hfe and make it more pleasant to hve in an organized
society; and
rl/~herea~ the C~ty, County and Local Government Law Section of The Florida Bar urges the
adoption of a pledge of c~whty by all citizens ~n the State of Florida.
Now, therefore, be it resolved, by the City Commission of the C~ty of
that the month of May ~s proclaimed as C~vflity Month, and calls
upon all c~tizens to exercise civility toward each other.
Passed and adoptedthis dayof ,2001.
ATTEST:
CLERK
WHEREAS, historic preservation helps provide a deeper understanding of the
diversity of our uniquely American heritage; and
WHEREAS, historic preservation enhances the livability of communities, from
large metropolitan cities to small, rural farming towns across America; and
WHEREAS, historic preservation help us recognize the importance of preserving
landmarks from our past as touchstones of stability in times of change; and
WHEREAS, "Restore, Review, Rediscover Your Historic Neighborhood
Schools" is the theme for Preservation Week 2001, co-sponsored by the Delray Beach
Historical Society, the Florida Division of Historical Resources Regional Office and the
National Trust for Historic Preservation.
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim May 13 through May 19,
2001 as
"NATIONAL PRESERVATION WEEK"
in the City of Delray Beach, and call upon its citizens to recognize and participate in this
special observance.
, 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 15th day of May, 2001.
DAVID W. SCHMIDT
MAYOR
Planning & Zoning Department
MEMORANDUM
TO:
THRU
FROM
DATE:
RE:
DA~~H~ITY MANAGER
PAUL DORLING, ~ECTOR OF PLANNING AND ZONING
ELLEN UGUCCIONI, HISTORIC PRESERVATION PLANNER
MAY 11, 2000
PROCLAMATION FOR "HISTORIC
COMMISSION MEETING OF MAY 15, 2000
PRESERVATION WEEK",
Each year the National Trust for Historic Preservation sponsors a national preservation week.
The theme of this year's Preservation Week "Restore, Renew, Rediscover your Historic
Neighborhood Schools!" calls on us to recognize how our local schools play a vital role in our
community.
This year the Delray Beach Historical Society and the Flodda Division of Historical Resources
are conducting a trolley tour on May 18th of Delray Beach's five historic districts to celebrate
Preservation Week. It would be appropriate for the Mayor and the City Commission to officially
recognize the City's preservation efforts by issuing the attached proclamation.
PROCLAMATION
WHEREAS, Historic preservation helps provide a deeper understanding of the
diversity of our unique American heritage; and,
WHEREAS, Historic preservation enhances the livability of communities, from
large metropolitan cities to small, rural farming towns across America; and,
WHEREAS, Historic preservation helps us recognize the important role that local
schools play in establishing the identity of the community.
WHEREAS, "Restore, Renew, Rediscover your Historic Neighborhood Schools"
is the theme for Preservation Week 2001 co-sponsored by the Delray Beach Historical
Society, the Florida Division of Historical Resources Regional Office and the National
Trust for Historic Preservation.
Now, therefore, I, David W. Schmidt', Mayor of the City of Delray Beach, Florida, on
behalf of the City Commission, do hereby proclaim May 13 through May 19, 2001 as
"NATIONAL PRESERVATION WEEK"
and call upon the people of Delray Beach, Florida, to recognize and participate in this
special observance.
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 15th day of May 2001.
P,~LM BEACH COUNTY
FLORIDA BOATING IMPROVEI~E~ PROGRAM
PROJECT APPLICATION
Part B: Development
Project Description
Type and Estimated Cost of Proposes Development by Facility:
Quantity Estimated
Facility (Number and/or Cost
Footage)
This is a land acquisition proi¢ct. The land is approximately one-third of an
acre (16,322 square feet) and ~he purchase price is $.I40,000.00.. We h~.ve
been tentatively avE)roved for a $70,000.00 ~-ant from the Florida ]Inland
Navigation Distri.ct.
Location Map:
Site Plan:
Boundary Map:
Attachments (Required prior to Application Consideration)
AIUch a detailed street, road or Idihway map lo. ting the project site nd
provide driving instruetiom from the nero*est intersection.
Attach a lepl sized conceptual site plmt dispJ-yfng location of phnned
hciUties, it' applicable.
Provide t boundary map dearly identifying the project boundaries.
G..~SYJIqGEJttf:XHIBITA A~2
Doc/boating
ED~,~
LINTON
BOULEVARD
ODABACHIAN PROPER'FY
:l
I
ID~/i:I~.~L ~ I"~C~ART~NT II PARK & BOAT RAMP
AGENDA ITEM NUMBER:
Request to be placed on:
AGENDA REQUEST
Date: April 19, 2001
XX .~e~ Special Agenda Workshop Agenda
WhehC May 15, 2001~
Description of agenda item: Request approval for Commissioner Ji'ang Song of the
Florida Inland Navigation District for Palm Beach County to make a presentation
of a check in the amount of $70,000 to City Commission for the purchase of the
Odabachian property.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO x
NO X
Recommendation: Grant approval for Commissioner Song to present check.
Determination of Consistency wit~C~omprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes No
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~e'~ _ No
Hold Until'f'"-" '/~ ~- ~ ~ /~' ~ ~
Agenda Coordinator Review: ~~ ~~~~' ~
Received:
Action: Approved Disapproved
[ITY OF OELRflY BEI:I[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
Ail.America City
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line 561/243-7091
MEMORANDUM
May 4, 2001
City Commission
David Hardqn, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Right of Entry Agreements - 1221 & 1227 Harbor Drive
The City is performing road work in front of these properties and will be raising the
elevation of the road. The attached right of entry agreements will allow the City or its
contractors to enter onto the owners property and tie the driveways into the new road
elevation.
Please place this item on the May 15, 2001 City Commission agenda for approval.
Please call if you have any questions.
Attachments
CCi
Barbara Garito, Acting City Clerk
Randal Krejcarek, City Engineer
RIGHT OF ENTRY AND LICENSE AGREEMENT FOR DRIVEWAY
CONSTRUCTION AND/OR PARKING AREA MODIFICATION CONSTRUCTION
THIS AGREEMENT entered into this day of , 200_, by and
between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter
referred to as ("CITY"), and Carolyn J. Helm, hereinafter referred to as ("OWNER"), and
provides as follows:
WHEREAS, the CITY desires to complete driveway construction/parking area
modification and/or other modifications associated with the Barrier Island Improvement
project to the property described/shown on Exhibit "A"; and,
WHEREAS, in order to complet,: said construction/modification, it is necessary for the
CITY to enter upon and perform various construction tasks on the property, as shown on
Exhibit "B", attached hereto and incorporated herein; and,
WHEREAS, the CITY has determined that the improvements are necessary to protect
the public health safety and welfare.
NOW, THEREFORE, in witness of the above and in consideration of the CITY
agreeing to conduct the aforesaid construction, OWNER hereby grants unto the CITY, its
employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter
upon said land of OWNER for the purpose of constructing/installing said improvements in
accordance with the project.
1. The above-stated recitals are incorporated herein as if fully set forth herein.
2. It is agreed that the license and rights granted herein shall cease upon
completion and finalization of the contract which said work is performed. The work includes
construction of a driveway and/or modification of parking areas and/or other improvements
onto OWNER'S property, located at 1221 Harbor Drive, Delray Beach, and in accordance
with Exhibit "B".
3. It is further agreed that upon completion and finalization of the contract, under
which said work is performed, the CITY, its employees, agents, contractors, sub-contractors,
and/or assigns shall have no further maintenance responsibility for any construction performed
on OWNER'S property.
4. This Agreement constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations, and other agreements. 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. This Agreement is governed by
the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of
the day and year first above written.
(Name Printed or Typed)
(Name Printea or T3~ped)
OWNER(S):
Ca~n J.4-Ielm
STATE OF FLO_kR. IDA
o=,Y
The foregoing instrument was acknowledged before me this ._~ day of ,]~t'l/ ,
200~, by Carolyn J. Helm, who is personally ~own to me or who h~s produced
~ ~ (~pe of identification) as identifi~ ~d ~o did (did not) t~e ~
~a~ O~l~ S Luc<ett
2 & ~-,g0mm,ss~oa~CC7g407O SignOre ofN0ta~ P~l[c - State
~ ~ ~ Expires August 2, 2002
%~*T ~,ONDEO T~RU ~l~ida
. ~N-,C BONOIN ~ CO,
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk
Approved as to Form:
David Schmidt, Mayor
City Attorney
EXHIBIT A
REVISED PLAT OF BLKS D & E PALM BEACH SHORE ACRES E 100 FT OF W
325 FT OF S ½ OF LT4, N 75 FT OF E 100 FT OF W 325 FT OF LT 5 BLKE
-INSTALL SINGLE
WATER SERVICE
DRIVEWAY TO BE REMOVED
AND REPLACED BY SOD
gEV/Em M~.r, IHO,LE %
RIM EL = 5 86
,-3' CLA. Y E 0 O0
,~" CLA( W --1 51'
8' CLAr' hie -O ~5
i
I % cONC k%
'! HARBOR'!DRTf' ' °~'' "`%
P R E',/EN TF_.,~,
STA. 75+00
8EOIN OVERBUILD
6' HIGH/
HEDGE.--"
1 2261
2 7' SO COLUMh
W/ LIGHT
10' DRAINAGE
EASEMENT
' INSTALL SINGLE
.., WATER SERVICE
HIGH X 1' wIDE
--CONT
56' L
$'x5'
CEDA
TRAN'
~ 2 7' SC COLU,V,N GRAD
W/ LIGHT
~ CONTRACTC
TO
--' 25' ACCESS &:
DRAINAGE
EASEMENT
10' DRAINAGE
EASEMENT
EXHIBIT B
RIGHT OF ENTRY AND LICENSE AGREEMENT FOR DRIVEWAY
CONSTRUCTION AND/OR PARKING AREA MODIFICATION CONSTRUCTION
THIS AGREEMENT entered into this day of , 200_, by and
between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter
referred to as ("CITY"), and John V. Kelly, hereinafter referred to as ("OWNER"), and
provides as follows:
WHEREAS, the CITY desires to complete driveway construction/parking area
modification and/or other modifications associated with the Barrier Island Improvement
project to the property described/shown on Exhibit "A"; and,
WHEREAS, in order to complet: said construction/modification, it is necessary for the
CITY to enter upon and perform various construction tasks on the property, as shown on
Exhibit "B", attached hereto and incorporated herein; and,
WHEREAS, the CITY has determined that the improvements are necessary to protect
the public health safety and welfare.
NOW, THEREFORE, in witness of the above and in consideration of the CITY
agreeing to conduct the aforesaid construction, OWNER hereby grants unto the CITY, its
employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter
upon said land of OWNER for the purpose of constructing/installing said improvements in
accordance with the project.
1. The above-stated recitals are incorporated herein as if fully set forth herein.
2. It is agreed that the license and rights granted herein shall cease upon
completion and finalization of the contract which said work is performed. The work includes
construction of a driveway and/or modification of parking areas and/or other improvements
onto OWNER'S property, located at 1227 Harbor Drive, Delray Beach, and in accordance
with Exhibit "B".
3. It is further agreed that upon completion and finalization of the contract, under
which said work is performed, the CITY, its employees, agents, contractors, sub-contractors,
and/or assigns shall have no further maintenance responsibility for any construction performed
on OWNER'S property.
4. This Agreement constitutes the ennre agreement and understanding of the
parties, and supersedes all offers, negotiations, and other agreements. 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. This Agreement is governed by
the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of
the day and year first above written.
WITNESSES:
(Name Printed or Typed)
(Name Printed or Typed)
OWNER(S):
By:
John V. Kelly
STATE OF FLORIDA
COUNTY OF
200__,
oath.
The foregoing instrument was acknowledged before me this ~ day of ,
by John V. Kelly, who is personally known to me or who has produced
(type of identification) as identification and who did (did not) take an
Signature of Notary Public - State
of Florida
ATTEST:
By:
City Clerk
Approved as to Form:
By:.
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
[L~[~
EXHIBIT A
REVISED PLAT OF BLKS D & E PALM BEACH SHORE ACRES E 110.5 FT OF W
435.5 FT OF S xA OF LT 4 & E 110 5 FT W 435.5 FT OF LT 5/LESS E 52.5 FT OF S
50 FT & W 10.35 FT OF S 25 FT/BLK E
TO0~ '£d~O 'A~$ q¥&~NO8TAN~ DI~L ~DZ I9~ [VA ~I:~[ [8~ TO/DO/TO
~22]I
- INSTALL SINGLE
WATER SERVICE
INSTALL SINGLE
WATER SERVICE
1
-? %
STA. 73+00
BEGIN OVERBUILD
5' HiGH 2 7' SO
HEDGE w/ UCH'F
1226l .5
1 O' 0RAINAOF_.
EASF'MENT
wiDE.
--CONT
36' L
5'x5'
CEOA
TRAN'
GRAD
~ 2 7' SO COLUMN
W/ LIGHT
~-- CONTRACTC
TO PROPO:
~ ' 25' ACCESS &
DRAINAGE
EASEMENT
10' 0RAINAGE
EASEMENT
.i
i
EXHIBIT B
, ,t
TO/{;,0 / _co
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRE¢7OR OF PLANNING AND ZONING
MEETING OF MAY t 5, 2001
CONSIDERATION OF A WAIVER REQUEST TO ALLOW A 672 SQ. FT.
TEMPORARY MODULAR BUILDING AT SHERWOOD PONTIAC, LOCATED
ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 600'
NORTH OF FLADELL'S WAY (AVENUE F)(2400 SOUTH FEDERAL
HIGHWAY).
This request is in conjunction with a development proposal for the Sherwood Pontiac
development, which includes demolishing the existing showroom/offices and service write-up
building in order to construct a new showroom/office and write-up building, associated parking
and landscaping. The Class IV Site Plan Modification for the proposed improvements was
approved by SPRAB on November 15, 2000.
On February 20, 2001 the City Commission approved a waiver to allow the placement of two
1,344 sq. ft. temporary modular buildings on the property for use as sales offices until a
Certificate of Occupancy is obtained for the proposed building improvements. On March 28,
2001, SPRAB (Site Plan Review and Appearance Board) approved a Class II Site Plan
modification to allow installation of two temporary modular buildings.
The applicant is requesting the placement of a third 672 sq. ft. temporary modular building on
the property for the use as a sales office until ~i Certificate of Occupancy is obtained for the
proposed building improvements. The third temporary modular building is necessary for
additional space for the sales offices.
Permits for temporary modular buildings are not included within the list of allowable temporary
uses provided in LDR Section 2.4.6(H)(1), therefore approval of a waiver to allow this use from
the City Commission is required.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make
a finding that granting the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in that the same waiver would be granted
under similar circumstances on other property for another applicant or owner.
City Commission Documentation
Meeting of May 15, 2001
Sherwood Pontiac Modular Building
Page 2
The sales modular will be located on the west side of the previously approved sales modular
building, which is located on the south side of the property within the existing parking lot. The
installation of the modular building will not adversely impact the neighboring area. The location
has been selected to create the least possible disruption to the circulation within the parking
area. While the available parking spaces will be reduced, there is a 153 space excess of on-site
parking. The waiver will not create an unsafe situation or result in a special privilege as the
same waiver has been granted to others. As there have been past delays with the
redevelopment of this site, the modular should not be installed until a building permit has been
issued for the showroom/offices and write-up building improvements.
By motion, approve a waiver to allow the placement of one modular building to allow temporary
sales office facility on the Sherwood Pontiac Dealership property, based upon positive findings
with respect to LDR Section 2.4.7(B)(5), subject to the following conditions:
1. That the site be fully restored in compliance with the approved site plan once the modular
buildings are removed;
2. That the modular unit be removed at the time a Certificate of Occupancy is issued for the
showroom/offices and write-up building; and,
3. That the modular not be installed until a building permit is issued for the proposed
showrooms/offices and write-up building.
Attachment:
[3 Site Plan
AYMI~Ntt ~IXI~ (]'iO
AVIAHt)IH :IIXlI~ 010
GYolllrV¥ -o'Jr~l ~
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDENs,/C~ MANAGER
SCOTT PAPE, SENIOR PLANNER ~/. ~'~.~.~~
MEETING OF MAY 15, 2001
ACCEPTANCE OF A RIGHT-OF-WAY DEED AND LANDSCAPE
MAINTENANCE AGREEMENT ASSOCIATED
"ELIZABETH'S ON 7~"'' RESTAURANT.
WITH THE
The action requested of the City Commission is acceptance of a five-foot right-of-way
deed for SE 7th Avenue and a landscape maintenance agreement associated with the
"Elizabeth's on 7th" Restaurant located at approximately the southeast corner of East
Atlantic Avenue and SE 7th Avenue (9 SE 7th Avenue).
At its meeting of April 18, 2001, the Historic Preservation Board (HPB) approved the site
plan modification for "Elizabeth's on 7th'' Restaurant subject to a five-foot dedication for
SE 7th Avenue right-of-way and execution a landscape maintenance agreement for the
installation of landscaping within this right-of-way. Presently, 40' of right-of-way exists
along the subject property as opposed to the required 60' width. Pursuant to LDR
Section 5.3.1(D)(4) (Reduction in Width), a reduction to a 50' right-of-way width was
granted by the City Engineer and was supported by DSMG (Development Services
Management Group). A reduction to a 50' right-of-way was approved since the two
existing buildings on the property would encroach into the right-of-way if a total of 60'
were dedicated. The landscape maintenance agreement is necessary as the applicant
proposes to install landscaping in the five-foot area to be dedicated.
By motion, accept the five-foot right-of-way deed for SE 7th Avenue and the landscape
maintenance agreement associated with the "Elizabeth's on 7th" Restaurant.
Attachments:
a Location Map
r, Reduced Site Plan
r-, Right-of-Way Deed
a Landscape Maintenance Agreement
PLAZA
ATLANTIC
S,Eo
I I
3RD
1ST
BUD'S
2ND
II
ST.
ST
AVENUE
)ELRA Y
~UMMI T
CONDO
BARR
TERRACE
CONDO
SEA GA TE
TO WERS
CiTY 0t:' DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
ELIZABETH'S ON 7TH
-- DIGIrA/. J~,4$E MAP SY~J~'EM --
75.00'
L_
100 O0 ~
ELIZABETH'S
CASUAL CONTEMPORARY DINING ON 7TH
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. Ist Avenue
Delray Beach, Florida 33444
RIGHT-OF- WAY DEED
THIS INDENTURE made this day of April 2001, between Delray Beach
Associates, Inc., a Florida Corporation with a mailing address of c/o Love Realty, P.O. Box 28,
Gedney Station, White Plains, New York 10605, as party of the first part and CITY OF DELRAY
BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1 st
Avenue, Delray Beach, Florida, 33444, as party of the second part.
WlTNESSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit claim
and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim
and demand which the party of the first part has in and to the following described land, situate, lying
and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second part, its
successors and assigns, a right-of-way and easement in and to said lands for public highway, street,
and public utility purposes; and is made, executed and delivered with the express understanding and
condition that should the same ever be discontinued or abandoned as a public highway or street, the
title to same shall thereupon revert to and revest in the party of the first part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and reservations
of record and to those encumbrances and encroachments described and illustrated in Survey No. 56-
100-8128 prepared by John A. Grant, Jr., Inc., copy of which is attached hereto and incorporated
herein as Exhibit "B". The party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the fn-st part also agrees to erect no
building or effect any other kind of construction or improvements upon the above described
WPBDOCS 7044509 1 MXK
property.
Party of the first part does hereby fully arrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good
right and lawful authority to grant he above-described right-of-way and that the same is
unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall
include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances
thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and
claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit,
and behalf of the said party of the second part, its successors and assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal
the date first above written.
WITNESSES:
PARTY OF THE FIRST PART
(Name printed o//'typ~d)
(Name printed or typed)
Delray Beach Associates, Inc., a Florida
-Corporation
B~'ton H-'~'2'elsman,,~ssistant Secretary
c/o Love Realty
P.O. Box 28
Gedney Station
White Plains, New York 10605
WPBDOCS 7044509.1 MXK
SVAV OF
COUNTY OF 19/~£pt B~'-/}¢/-i
The foregoing instrument was acknowledged before me this ~ ~-/-~ day of 2001 by
.,~o/lr /~oz~:~,,-q,~.tl/ (nameofofficeroragent),of D£z,/,~tt y l~-,~rc./i ,4.~.goc./~r/.='$
(name of corporation), a (State or place of incorporation) corporation, on
behalf of the corporation. He/She is personally known to me or has produced
~ (type of identification) as identification and did/did
not take an oath.
(SEAL)
Sig~ature-~f-Nota~y ~ub i~l~c -
State of
WPBDOCS 7044509 1 MXK
EXHIBIT A
LEGAL DESCRIPTION
THE WESTERLY FIVE FEET (5') OF THE FOLLOWING DESCRIBED PARCEL:
to a Plat thereof ~ ~ile in the office
t~ence ~n ~t 10~ ~ee~ ~~-~e South 75 ~eet
aaid Bl~k 125 to a ~nn o~
orth 75 ~t aL~q the ~st
a ~u~ivision or ~"."'~,T ~-,- ~are on ~ile
o~ELce o[ ~he City Clerk o~ =he City o~ Delray Beach,
Florida; ~d,
The West Ze~n~y-fl~ feet {~. 75') o~ ~he ~o==h One Hundred
Th~rty-~igh~ ~d s~/tenth~ ~ee~ (N. 138.6') o~ Blah
Florida.
B IIBIHX3
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is made this __ day of April, 2001 by and between the City of
Delray Beach, Florida ("City") and Delray Beach Associates, Inc. ("Owner").
WITNESSETH:
WHEREAS, in order to provide landscaping in the City, the City Commission has
adopted ordinances setting forth requirements for landscaping; and,
WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall
be allowed to install landscaping material in the right-of-way of Elizabeth's on 7t~ Restaurant
pursuant to the terms of this Agreement; and,
WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any
other type of abandonment by the City of the public right-of-way of Elizabeth's on 7~
Restaurant; and,
WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-
of-way purposes; and,
WHEREAS, the public will benefit from the beautification of areas along its streets by
the addition of landscaping; and,
WHEREAS, this Agreement is not effective unless the Owner has submitted a
landscape plan and it has been approved by the City; and,
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained in this Agreement, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
7045526-1
1. The Parties hereby represent and warrant that the above recitals are accurate and
correct and hereby incorporate them in this Agreement.
2. The Owner shall perform all conditions as required by the City or any Board of
the City in conjunction with the site plan and review process for the required installation and
maintenance of the landscaping. The subject property, further described in Exhibit "A", shall
have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by
reference.
3. The Owner shall be responsible for purchasing and installing all plant, tree,
hedge or grass material or any other material as required by the Owner's approved landscaping
plan.
4. The Owner hereby agrees to maintain the plantings in the right-of-way in
accordance with the City's Ordinances and the terms and conditions of this Agreement. The
Owner shall be responsible to maintain, which means the proper watering and proper
fertilization of all plants and keeping them as free as practicable from disease and harmful
insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or
cut the grass to a proper height; to properly prune all plants which includes (1) removing dead
or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for
those using the roadway. To maintain also means removing or replacing dead or diseased
plants in their entirety, or removing or replacing those that fall below original project
standards. All plants removed for whatever reason shall be replaced by plants of the same
grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as
specified in the original plans and specifications and of a size comparable to those existing at
the time of replacement. To maintain also means to keep litter removed from the landscaped
areas in the right-of-way. Plants shall be those items which would be scientifically classified
as plants and include but are not limited to trees, grass, or shrubs.
5. If at any time after the execution of this Agreement by the Owner, it shall come
to the attention of the City that the landscaping is not properly maintained pursuant to the terms
and conditions of this Agreement then the City may at its option issue a written notice that a
deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the
Owner shall have a period of thirty calendar days within which to correct the cited
deficiencies. If said deficiencies are not corrected within this time period, the City may at its
option, proceed as follows:
(a) Maintain the landscaping or part thereof, and invoice the Owner for expenses
incurred.
(b) Terminate this Agreement and require the Owner to comply with the City's
current Ordinance on landscaping.
6. At all times hereto, the Owner shall own and maintain all landscaping installed
in the right-of-way by the Owner.
7. If for any reason the City decides that it needs the right-of-way of Elizabeth's on
7th Restaurant or for any othe~ public purpose this Agreement shall terminate, and the Owner
shall be required to comply with the City's current Code of Ordinances regarding landscape
requirements.
8. The Owner shall indemnify and hold harmless the City, its officers and
employees from all suits, actions, claims and liability arising solely out of the Owner's
installation and maintenance of landscaping in the City's right-of-way.
9. This Agreement shall constitute the entire Agreement of the parties with respect
to the subject matter of it. All prior understandings and agreements between the parties with
7045526-1 3
respect to such matters are merged into this Agreemem, which alone fully and completely
expresses their understanding.
I0. This Agreement may not be assigned or transferred by the Owner, in whole or
part without the written consent of the City.
11. This Agreement shall be binding on the Parties, their respective heirs,
successors, legal representatives, and permitted assigns and shall be recorded in the Public
Records of Palm Beach County and shall mn with the land.
12. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this
ATTEST:
City Clerk
Approved as to legal form
and sufficiency:
City Attorney
(Print or Ty~ l~ar~ '
day of April, 2001.
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
Delray Beach Associates, Inc. /~----~
(OWNER) ~/
/['~ '~' // ~ l'
' Burt'~'Ffandelsman, Assistant Secretary
7045526-1 4
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this z~r~day
~~, 200j_ by l~o~t?/4A/etg/_er~/q_/4-,,/
of
(Print or Type Name)
(OFFICIAL NOTARIAL SEAL)
State and County Aforesaid
My Commission Expires:
7045526-1 5
EXHIBIT A
LEGAL DESCRIPTION
A part of Block 12~ in the City of Delray Beach, form~rl~
Linton, accordin9 to a Plat thereof ~ file in the officeO~
the Clerk of the Circuit Cou~ in Palm ~ach ~%Y, /
Florida, a~ Pla~ ~ 1, Pa~e 3, ~ld land b~in~' ~
138.6 feet South of the Northwest corner of said Block 125!
thence run Eamt 100 feet parallel with the
said Blo~k 125, to a ~i~t~ thence South 75 feet
parallel wi=h ~he West line o~ ~a~d Bl~k 12~ to a
thence Wef~ 100 fee= ~d ~atl~ wl~h %~ H~h line of
said Bl~k 125 to a ~lnt on =he Wo~ lane
Bl~k 12~ to the Point of Beginning, ~g~a~d
desor~d as ~o 9, 10 a~ 11 iff Bl~k 12~ of Palm Square,
a au~ivision of Bl~ks .12~ a~ 133 of tho Ci=y of ~lray,
aocordi~ to a Plat of said Pa~ ~are on ~ile i~ the
office of the City Clerk of ~he City of Delray Beach,
Florida;
The West Sevan=y-fiv~ fee= (W. 75') of the ~orth One Hundred
Thir~y-eigh~ and six/tenths feet (N. 138.6') of Bl~uk
Bundred Twenty-five {125} of ~he City of Delray Beach,
Florida.
EXHIBIT B
LANDSCAPE PLAN
Z
('3
Z
,75.00'
i_
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
IA.SI %AMI I IR'~I % 'I, MI MIDI)II
MAll I%(, ,M)I')RI ',%
1')41E Oh g Hit H lOll- (~ {'1 RRFI)
I
(?OUNI¥
NAME OF BOARD, eYOUNCII . ('OM MI.SS, ION. ALII HORVI Y OR COMMII'I EE
WHICH I SERVE IN A U%11 OF'
rt COUNTY ri 01 HER I.OCAI. AGENCY
F POi ITICAL SUBDIVISION __
MY POSIIION IS (~,~/.
~ELECTIVE ri APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by an.~ person ser~ lng at the counD, city, or other local level of government on an appointed or elected board.
council, commission, authority, or committee, it applies equally to members of advisory and non-advisory bodies who are presented
,,ith a voting conflict of interest under Section !12.3143, Florida Statutes.
Your responsibilities under the law when faced ~ith a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special pri,.ate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a go~,ernment agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN b.~ publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER ,,THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest:
CE FORM 8B - I-~1 PACi~
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflic! in the measure before participating.
· You should complele the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISC::LOSURE OF LOOAL OFFIOER'S INTEREST
(a) A measure came or wilJ come before my agency which (check one)
inured to m.x specml prlxate gain; or
'~inured to the special gain or'
, by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Date Fi d I '
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$,000.
CE FORM aB - I.~1 ,
PAGE
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Dn'ector of Community Improvement
May 9, 2001
Agenda Item # Letter of Agreement for Consulting Services
Applications for Section 108 Loan Guarantee and Economic
Development Initiative Grant
ITEM BEFORE THE COMMISSION
City Commission approval of the Letter of Agreement for consulting services from Mark Briggs
and Associates, for preparation of the city's Section 108 Loan Guarantee application in the
amount of $1.5 million dollars and an Economic Development Initiative (EDI) grant application
for $300,000. This initiative is in support of the Atlantic Grove Project proposed for Blocks 28 &
36 within the West Atlantic Redevelopment Area.
BACKGROUND
The Commission authorized staff to pursue funds under the Section 108 Loan Guarantee Program
and the EDI competitive program with the use of consulting services at the regular meeting of
March 20, 2001. The deadline for submission of the EDI application is July 6t~, the Section 108
Loan application may be submitted throughout the year, however, we will be submitting both
applications simultaneously under the July 6th deadline. These funds will be loaned to the
development team responsible for carrying out the Atlantic Grove project. The terms and
conditions will be negotiated by staff and approved by the Commission prior to formal
submission to the Department of Housing and Urban Development (HUD).
The terms and scope of services are identified under the proposed Letter of Agreement, which is
attached for your reference. The July 6th deadline for the EDI provides for a fast track schedule
for the consultant and staff. The first draft of the proposed use of Section 108, EDI and other
resources will be completed by May 22. The required notice of the Public Hearing will be
published on May 18t~ for a June 194 Hearing before the Commission. We anticipate that most of
our negotiations can be accomplished via e-mail, faxes and conference calls, minimizing the
travel requirements of the consultant. Mark Briggs and Associates are currently working with the
City of Lauderdale Lakes and Broward County; thus most of his visits to our City are coordinated
with his schedule for these south Florida communities.
RECOMMENDATION
Staff is recommending City Commission approval of consulting services from Mark Bnggs and
Associates for preparation and completion of the Section 108 Loan Guarantee financing
application in the amount of $1.5 million dollars and the EDI grant application in the amount of
$300,000. The fees for the above services will be twenty-nine thousand dollars ($29,000) plus
out-of-pocket expenses not-to-exceed three thousand dollars ($3,000). Funding is available in
account 118-1974-554-31.90.
u:graham/Wwdata/Agenda Doeumentafion/sectmn 108 Loan
AGENDA REQUEST
Request to be placed on:
__x Regular Agenda
__ Special Agenda
__ Workshop Agenda
~ Consent Agenda
Date: May 10, 2001
When: May 15, 2001
Description of item (who, what, where, how much):
City Commission approval of the Letter of Agreement for consulting services from Mark
Briggs and Associates for preparation of the City's Section 108 Loan Guarantee Program
application and EDI grant application. This initiative is in support of the Atlantic Groves
Pro_iect proposed for Blocks 28 & 36 within the West Atlantic Redevelopment Area.
Funding is available in account 118-1974-554-31.90
ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of Agreement for consulting services.
artment Head Signature:
D ep
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds): Funding available: ~O
x Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
CiW M~ager Review:
Approved for agend~~O~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approve~isapproved
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
Daxqd T. Harden, City Manager
Kenneth L. Thomas, Community Development Adminjafrator
Lula Butler, Community Improvement Director ~
April 30, 2001
Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to one (1) eligible
apphcant/fam~ly under the Delray Beach Renaissance Program. The subsidy represents the 123ra
homeownership assistance grant provided under the city Renmssance Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporation, the TED Center, the Community Redevelopment Agency, the
Community F~nanclng Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to prov~ding homeownership opportunities to 80
homebuyers through new construction and acquisition rehab beginning October 1, 1995 through
September 30, 1998. An agreement to extend the program for one additional year was approved
by all parmers and the City Commission. On June 15, 1999, the City Comm~ssmn approved a
new Memorandum of Understanding operating the Renaissance Program.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage
lender. The seminar includes training and information on financial planning, credit and
borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
reqmres the applicant to maintain ownership/residence for a specified period according to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less
than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years.
RECOMMENDATIONS
Staff is recommending City Commission approval to fund a subsidy for one (1) eligible
applicant/family of the following property: (New Construction) 226 NW 4th Avenue (Town of
Delray, Block 26, Lot 7, Parcel ID # 12-43-46-16-01-026-0070) $21,000.
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
NAME Felicia Tarver
PROPERTY ADDRESS 226 NW 4th Av,
LEGAL DESCRPTION Lot 7, Block 26,
% OF AREA MEDIAN HOUSEHOLD
FIRST MORTGAGE
RATE 7.25 %
LTV 69 %
PROJECT/SUBSIDY BREAKDOWN
CENSUS TRACT
:nue, Delray Beach
TOWN OF DELRAY, PB 1, PG 3
COME 58%
67
COST OF CONSTRUCTION
COST OF LOT
COST OF EXISTING UNIT
NON- PROFIT DEVELOPER'S FEE
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
$84,000.00
$13,000.00
N/A
$ 3,000.00
$1,oo8.oo
$ 2,271.00
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage
Developer's Fee
$18,000.00
$ 3,000.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003'
$103~279.00
$ 76,000.00
$ 21,000.00
$. 6,279.00
NO. IN HOUSEHOLD 3__
Northern Trust Bank
City of Delray Beach SH~
N.W. 4TH ST.)
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KING JR
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CA SON
METHODIST
CHURCH
Cl TY
ATTORNEY
BUILDING
DRIVE
CITY
HALL
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FIRE
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ATLANTIC
COMMUNITY
CENTER
TENNIS
AVENUE
r . f f I t t I ¢- IIIIl! J J
CITY OF DELRAY BEACH, FL
PLANNING &: ZONINGDEPARTMENT
226 N.W. 4th Avenue
LOT 7, BLOCK 26, TOWN OF DELRAY
-- D/G1/AL ~45£ .l~4p SYSTEM -- MAP REF LblS06
Agenda Item No.'
AGENDA REQUEST
Request to be placed on:
~ Regular Agenda
~ Special Agenda
~ Workshop Agenda
xxxxx Consent Agenda
Date: April 30, 2001
When: May 15, 2001
Description of item:
Authorization and approval to issue a subsidy to one (1) eligible applicant/family under
the Delray Beach Renaissance Program totaling $21,000.00
Note: Felicia Tarver ($21,000.00) represents the 123rd homeownership assistance grant
provided under the Renaissance Program to date.
Recommendation:
Staff recommends approval of one (I) subsidy award. Funds are to be awarded from the
State Housing Initiatives Partnership (SHIP) Program.
~~SHIP Total: $21,000.00 Account Nqvober: 118-192~~
City Attorney Review/Recomr~endation (if applicable)'
Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~/NO~ ~9/~t
Funding Alternatives: (if applicable)
Account No. & Description: IlL )Z q-55q-fs, 0t
Account Balance: ,,~b,
City Manager Review:
Approved for Age~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
NO
[ITY OF DELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line. 561/243-7091
1993
DATE: May 9, 2001
MEMORANDUM
TO: City Commission
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Appointment of Outside Counsel - Dharma Properties, Inc. v. City of
Delray each, et al. and Block 77 Development Group v. Dharma Properties,
Inc., et al.
In furtherance of Commission direction, our office requests the appointment of Howard
Weiss and Henry Handler of Weiss and Handler, P.A. in the above cases.
The firm has agreed to represent the City with a retainer of $7,500 and an hourly rate of
$150 per hour payable against the retainer.
By copy of this memorandum to David Harden, City Manager, our office requests that this
matter be place on the City Commission consent agenda for May 15, 2001.
CC:
David T. Harden, City Manager
Barbara Garito, Acting City Clerk
Henry Handler, Weiss & Handler, P.A.
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph~~"~nance Director
May 10, 2001
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
MAY 15, 2001 - CANCELLATION OF CONTRACT
WITH USA CHARTER FOR BID #2001-05 - NUISANCE ABATEMENTS
(LOT CLEARING AND MOWING) FOR THE CODE ENFORCEMENT
Item Before Commission:
City Commission is requested to cancel contract award to USA Charter for Nuisance
Abatements, Lot Clearing and Mowing, as the primary contractor for Bid #2001-05, and
authorize staff to move the secondary contractor, Blackwell Tractor Service to primary contractor
and award to Walcott & Son as secondary contractor.
Background:
City Commission at their meeting of January 02, 2001, awarded Bid #2001-05, Nuisance
Abatements, Lot Clearing and Mowing for the Code Enforcement, to USA Charter as primary
contractor and to Blackwell's Tractor Services as secondary contractor. See attached copy of the
January 02, 2001 agenda request and tabulation sheet.
After execution of the contracts, Code Enforcement has made several attempts and requests to
USA Charter to come in and pick up paper work for jobs to be done as specified in the "Detailed
Specifications" of this bid package. Three written warnings were mailed to the vendor. The last
letter was sent via certified mail.
The vendor has not responded to any of these written warnings or returned any phone calls to the
Code Enforcement Office. The Director of Community Improvement and Code Enforcement
Administrator recommend cancellation of the contract with USA Charter, re-award to
Blackwell's as primary contractor and to Walcott & Son as secondary contractor. See attached
memo dated May 09, 2001, and copies of the warning letters to USA Charter.
Recommendation:
Staff recommends the cancellation of the contract with USA Charter for Nuisance Abatements,
Lot Clearing and Mowing, and re-award to Blackwell's as primary contractor and to Walcott &
Son as secondary contractor.
Attachments:
Letter from Code Enforcement and 2001 Agenda Request
MEMORANDUM
TO:
THRU:
FROM:
SUBJECT:
DATE:
JACKIE ROONEY, PURCHASING SUPERVISOR
LULA BUTLER, DIRECTOR OF COMMUNITY IMPROVEME~
RICHARD BAUER, CODE ENFORCEMENT ADMINISTRATOR
USA CHARTER
MAY 9, 2001
As you are aware, we have had a continuing problem with USA Charter. Representatives
of the company have failed to visit City Hall to pick up work sheets, failed to respond to
inquiries and failed to submit realistic prices. In fact, they have not completed a single
job since they were awarded the bid on February 7, 2001.
Because of the continuing problems and failure of USA Charter to perform in accordance
with the bid specifications and contract, I am recommending that the contract with them
be cancelled and signed with Blackwell's Tractor Service. Blackwell Tractor Service
was the second low bidder behind USA Charter. The secondary vendor would become
Walcott and Son.
Please advise if you need additional information. Attached are the three written warnings
I sent to USA Charter. No response was received to any of the letters.
Attached are the three written wamings as required in our bid specifications.
[ITY OF [IELAI:IY BEI:I[H
DEIRAy BEACH
AlI-AaericaC~ ~oo N.W, 1st AVENUE
April 26, 2001
FINAL WARNING #3
OELRAY BEACH, FLORIDA 33444
Ms. Veronica Vidaurre, President
USA Charter
2120 NW 8th Avenue
Miami, Fl 33127
Dear Ms. Vidaurre:
Please be advised that this letter is official final "warning" number 3 concerning several
breeches of conditions of the Nuisance Abatement bid number 2001-05 awarded to your
firm.
Unfortunately, USA Charter has not timely responded to our request to pick up the job
listings at our office or communicate with this office with returned phone calls. These
conditions are the same as those contained in the first warning letter dated 3/30/01 to Joe
Vetro and the second warning letter to yourself dated April 17, 2001.
Due to the non-responsiveness of your firm, I have been forced to assign work to the
secondary bidder. In fact, since your firm has been awarded the contract, not a single job
has been completed by your firm.
If you intend to perform work for the City of Delray Beach, you must contact us within
48 hours from receipt of this notice. If we do not hear from you, your firm shall be
disqualified from further job assignments and we will proce&l to the City Commission to
request cancellation of your contract.
ay°urs'
uer
ode Enforcement Administrator
KB/ns
CC: Lula Butler, Director of Community Improvement
Jackie Rooney, Purchasing Ssupervisor
561/243.700~'0
P~fnt~l o~ R~cyc/~d P~oer
THE EFFORT ALWAYS MATTERS
ro
(..1
0
<
0
PURCHASING DIVISION
MEMORANDUM
DATE:
December 28, 2000
TO:
David Harden, City Manager
FROM:
THROUGH:
SUBJECT:
Jennifer Schillace, Buyer
Joseph S~ance Director
DOCUMENTATION - CITY COMMISSION MEETING
JANUARY 2, 2000 - BID AWARD - BID 2001-05
NUISANCE ABATEMENTS FOR CODE ENFORCEMENT
ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve award to USA Charter as primary contractor and to Blackwell's
Tractor Services, Inc. as secondary contractor for Nuisance Abatements (Lot Clearing & Mowing) for
Code Enforcement at an estimated annual cost of $16,500.
Background:
The Code Enforcement Division has a need for an annual contract for lot clearing and mowing of vacant
lots or occupied properties in order to correct violations of Chapter 100 of the City Code of Ordinances.
Bids were received on November 20, 2000, from five (5) contractors all in accordance with City
Purchasing procedures. (Bid 2001-05 documentation on file in the Purchasing Office). A tabulation of
bids is attached for your review.
The Code Enforcement Administrator recommends award to the lowest responsive bidder, USA Charter
as primary contractor and Blackwell's Tractor Services, Inc. as secondary (backup) contractor if for any
reason primary contractor cannot perform per specifications. See the attached memo dated
December 26, 2000.
Recommendation:
Staff recommends the award to lowest responsive bidder, USA Charter, as primary contractor, and to
Blackwell's Tractor Service as secondary (backup) contractor, at an estimated annual cost of $16,500.
Funding will be taken from account code 001-2741-524-3430.
Attachments
cc: Jacklyn Rooney, Purchasing Supervisor
Richard Bauer, Code Enforcement Administrator
mo c~
~zo
AGENDAITEM NUMBER'
AGENDA REQUEST
Request to be placed on: May 15, 2001
Date: May 10, 2001
XX Consent Agenda
Special Agenda
Workshop Agenda
Description of agenda item:
Cancellation of Bid Award - Bid #2001-05 - Nuisance Abatements, Lot Clearing and Mowing for
the Code Enforcement with USA Charter as primary contractor and authorize staff to move the
secondary contractor, Blackwell Tractor Service to pnmary contractor and award to Walcott & Son
as secondary Contractor.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached. YES NO
Recommendation:
Cancel contract with USA Charter as primary contractor for Bid #2001 ~05 for Nuisance
Abatements, Lot Cleanng and Mowing for Code Enforcement for non-performance, and re-award
to Blackwell Tractors Service as primary contractor and to Walcott & Son as secondary
contractor.
Department Head Signatu~ ~~,~
Determination of Consistency witl~oomprehensiYe~lan:'~ ' ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available Yes No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agend~ ~ No
Hold Until:
Agenda Coordinator Review:
Received.
(if applicable)
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~. ~/- REGULAR MEETING OF MAY 15, 2001
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MAY 11, 2001
Attached is the Report of Appealable Land Use Items for the period April 30, 2001 through May 11,
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:Apagmemo/Appealables/05-15-01
THRU: ~~ ~,~PAUL DORLING, I ECTOR OF PLANNING AND ZONING
FROM: tdASMIN ALLEN, PLANNER
SUBJECT: MEETING OF MAY t5, 2001 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS APRIL 30, 2001 THRU
MAY 11, 2001
The action requested of the City Commission is review of appealable actions which
were made by various Boards during the period of April 30, 2001 through May 11,
2001.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this
meeting, the appeal period shall expire (unless the 10 day minimum has not
occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also provides
that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
No Regular Meeting of the Board was held during this period.
A. Approved (7 to 0), revisions to the blanket sign program for Cohiba Cuban
Cuisine, located at the northeast corn&r of Linton Boulevard and Federal Highway
(1715 South Federal Highway).
City Commission Documentation
Appealable Items Meeting of May 15, 2001
Page 2
Bo
Approved (7 to 0), a request for a color change for Community Supermarket, an
existing commercial building, located on the south side of West Atlantic Avenue,
between SW 11th Avenue and SW 12th Avenue (1130 West Atlantic Avenue).
Approved (6 to 0, Perez-Azua stepped down), a request for a waiver to allow the
buildings to encroach a maximum of 2' into the required 29' special landscape
setback on West Atlantic Avenue for Dimlo Professional Office Center, located
on the north side of West Atlantic Avenue approximately 1600 feet east of Barwick
Road (between Windy Creek and Villas D' Este subdivisions).
Approved (7 to 0), the architectural elevation plan associated with the construction
of a wall and decorative entrance gates across Bronson Avenue and decorative
aluminum fencing on the west side of Bronson for First Presbyterian Chuch,
located at 33 Gleason Street.
Eo
Denied (7 to 0), a request to modify the building material from galvanized
aluminum piping to wood for the proposed secudty gates at Greenstone Drive and
Barwick Road within the Highland Trailer Park, located on the west side of
Barwick Road, approximately 160' feet north of West Atlantic Avenue.
Fo
Approved with conditions (7 to 0), a Class III site plan modification, landscape plan
and architectural elevation plan associated with the installation of a free standing
portable classroom building for Trinity Lutheran School, located at the northwest
corner of Lake Ida Road and Swinton Avenue (400 North Swinton Avenue).
Tabled (7 to 0), a Class IV site plan modification, landscape plan and architectural
elevation plan associated with the construction of a 1,200 sq. ft. metal building for
th
Security & Sound, located at the northwest corner ,SE 5 Avenue (southbound
Federal Highway) and SE 8th Street. The Board tabled the item as they felt the
architectural elevation was inappropriate.
Ho
Approved with conditions (7 to 0), a Class II site plan modification, associated with
facade and color changes for Tropic Square Plaza, located at the southeast
corner of Federal Highway and Eve Street (1911 South Federal Highway).
Approved with conditions (4 to 0, Sloan stepped down, Sexton and Keller absent),
a Class II site plan modification, landscape plan and architectural elevation plan
associated with the construction of a gazebo, spa and perimeter fence for The
Mews at Sloan Hammock, located on the west side of SE 7th Avenue, south of
SE 1st Street (102 SE 7th Avenue).
City Commission Documentation
Appealable Items Meeting of May 15, 2001
Page 3
Approved with conditions (5 to 0), a request for a Certificate of Appropriateness
associated with a proposed building addition for the Price House, a individually
designated local historic landmark, located on the north side of Sea Spray
Avenue, west of Andrews Avenue (1109 Sea Spray Avenue).
Continued (5 to 0), a request for a Certificate of Appropriateness associated with
the installation of a wall sign for Ice Lounge, located at the southeast corner of
East Atlantic Avenue and Swinton Avenue (2 E. Atlantic Avenue). The Board
requested that the applicant modify the design of the proposed sign.
Approved with conditions (5 to 0), a Class V site plan, associated with the
construction of a new 9,292 sq. ft. building for Pineapple Grove Professional
Office Building, located on the east side of NE 3rd Avenue, north of NE 5th
Street. Concurrently, the Board approved a waiver to allow six parking spaces to
encroach into the front yard setback and to allow the required 4' high hedge to be
reduced to 3' high. The Board tabled the landscape plan and architectural
elevation plan.
Approved with conditions (5 to 0), a request for a Class III site plan modification,
landscape plan and architectural elevation plan associated with the conversion of
a garage into office and installation of a 600 sq. ft. outdoor dining area for
Handlesman Yellow Building, located at the northeast corner of SE 6th Avenue
(northbound Federal Highway) and SE 1st Street. Concurrently, the Board
granted a waiver reducing the site visibility corner at the northeast corner of SE
6th Avenue and SE 1st Street, from 40' to 18' to allow the installation of
landscaping associated with the proposed parking lot.
By motion, receive and file this report.
Attachment:
· Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
MAY 15, 2001
,- .... ~._] ! ~ ....... _r .....
I I
LOW'SON BOfJLEVA RD
LINTON BOULEVARD
L .... I i
i i :
~ I L ..... -!
£.~ ~I~L
N.W 2ND ST.
&W
C.~5 CANAL
UNTON
A. COHIBA CUBAN CUISINE
B. COMMUNITY SUPERMARKET
C. DIMLO PROFESSIONAL OFFICE CENTER
D. FIRST PRESBYTERIAN CHURCH
E. HIGHLAND TRAILER PARK
F. TRINITY LUTHERAN CHURCH
G. SECURITY 8, SOUND
H. TROPIC SQUARE PLAZA
1. THE MEWS AT SLOAN HAMMOCK
2. THE PRICE HOUSE
3. ICE LOUNGE
4. PINEAPPLE GROVE PROFESSIONAL
OFFICE BUILDING
5. HANDLESMAN YELLOW BUILDING
CITY LIMITS
ONE MILE
GRAPHIC SCALE
CITY OF DELI[AY BEACH, FL
PLANNING & ZONING DEPARTMENT
2001
DE LRAY BEACH
COI~t4UNITY RIED~VBLOPI~I ENT
AGENCY
May 11, 2001
David T. Harden
City Manager
100 NW 1st Avenue
Delray Beach, FL 33444
RE: CRA Application for $1 Million Line of Credit
Dear David,
Attached is documentation from last night's CRA meeting regarding an application for a
line of credit from Bank of Amedca. The CRA voted unanimously to apply for the line of
credit, however, the item must also be approved by the City Commission.
I would appreciate it if this item could be placed on the consent agenda of the May 15~
City Commission meeting. I apologize for the last minute nature of this request---I didn't
realize until very recently that this step was necessary.
Thank you for your consideration of this request. If you have any questions please give
me a call.
Executive Director
104 West Atlantac Avenue · Delray Beach, Florida 33444
561-27~ · Fax 561-276-8558
Meeting Date: may,~/__~2001
Agenda Item # _ .
Summary
$1,000,000 line of credit
In March 2001 the Board reviewed a revised budget that took'into consideration that the
Block 28~36 project would not close in this fiscal year, pushing $1.3 million in revenue
into 2002. To accommodate this revenue adjustment, some modifications to the budget
were made to end the year with an operating cushion of $102,569. It is staff's feeling that
this operating cushion is not sufficient to take into consideration timing issues for existing
commitments or to be proactive to opportunities or community needs. $1.2 million was
paid to the court in early May 2001 for the Norris taking and $1.08 million is due to the
City in the next few months for the West Atlantic Beautification project. There are also
opportunities in the BiLo block as well as conversation about an opportunity on Federal
Highway. It is staff's feeling that the most prudent course of action is to obtain a line of
credit in order to maintain a proactive stance in the community.
The CRA has pre-approval for a $1,000,000 line of credit from Bank of America that is
good for one year. The interest rate for this line is under 5 1/2% with a 114% non-usage
fee. This line would free the CRA to meet its obligations while still being able to take
advantage of opportunities that arose in the district. If drawn down, the line would be
repaid from reimbursement to the CRA from ISTEA, which is $934,136 split between
2002 and 2003. The commitment letter from Bank of America on this proposed line of
credit is attached.
There is also an option to defer payment to the City for the West Atlantic Beautification in
the form of a loan from the City. This option is being explored as well, but would not take
the place of the line of credit.
Action requested: Board approval of opening a $1,000,000 line of credit.
Thank You!
Submitted By:
Telephone #:
Diane Domin_~luez
561-276-8640
Bank ofAmerica.
Bank of America
Commercial Banking O~vtsmn
625 Noah Flagler Drive, :lOth Floor
West Palm Beach, FL ~01,
May 7, 2001
Ms, Juliana M, Steele
24 North Swinton Ave
Deb'ay Beach, Fl. 33444
Dear Ms. Steele:
Contqct. Information:
Facility:
Purpose:
Term/Repayment:
We are pleased to have the opportunity to provide you a commilment which sels forth the general terms
and conditions under which Bank of America, N.A, (the "Bank") will provide financing to the Delray
Beach Communit Redevelopment Agency (thc "Borrower").
Bank of Arnerica Phone: 561.838.23:53 Fax: 561-838.2325
625 North Flagler Drive, 10' Floor
West Palm Beach, Florida 33401
Contact Person; Bentley Uti, Vice Pr~idcnt
Alternate Contact: Leslie Downs, Vice President
'$1,000,000 line of credit
For capital expenditures approved by the District
The line will mature one year from closing, interest only will be due
monthly. All pa~'ments will be automatically debited from an account
of the borrower at the Bank. All principal will be due at maturity.
Prepayment:
Interest Rate:
Borrower may prepay all or any portion of the Loan at any time.
A variable taxable interest rate based upon 30 day Libor plus 1.0% (I00
basis points). For indication purposes, today's rate would be 5.35%. There
will be an unused fee of ¼% payable annually in arrears.
The folfowine terms and conditions aonly to the loan:
Closinj Costs;
The Borrower will pay all closing costs including, but not ILmitcd to, the
Bank's reasonable attorney's review fees, Mark Raymond ofMoyle Flanigan
will prepare all of the loan documents, issue the tax opinion, and also review
them for the bank for $4,500 if the district wishes.
Loan Fee:
None
A pledge oi' TIF Revenues(Tax Increment Redevelopment Revenue)
subordinate to the current 1999A and 1999B bonds.
USA
Coven~ln~:
Terms/CondlUon~:
TFF Revenues must cover proposed debt service on all senior debt and
inter.-st expense on th~s bond at a 1.25X coverage.
I.) The Disuic! will provide a copy of lis General Purpose Statements on an
annual b~is, within 270 days of'its fiscal year-end. The Disuict will provide
the Bank with an annual budget.
Oualitv o.f Documents:
Each document and item required to be submitted to Bank pursuant to the
Commitment shall be satisfactory in form and substnnoe to Bank. Further,
the Borrower agrees to execute at the closing all documents deemed
necessary by Bank's attorney.
Authorization: The Borrower will provide au closing, customary representations and
warranties, including but not limited to its power to borrow, u~c Bo~d actions to authorize these
borrowings, the enforceability at' nil Loan documems, its good standing under Florida law, and that
there has been no material adverse change in its financial condition since the last statement presented to
the Bank.
if acceptable, this Commitment should bc executed by an authorized representative in the space
provided for below. This Commitment to lend will expire it' not accepted by May 31,2001.
On behalf of Bank ofAmerlca, ! am pleased to have the opportani~y to make this proposal to the Delrey
Bench CRA.
Sincerely,
Leslie L. Downs
Vice President
Commitment accepted this day of . ,2001
Delray Bcnch Community Redevelopment Agency
By:
4<,~ TOTRL PAGE. 02 ~<*
Bank o~' America
Commezc~al t~anking Omwslon
62~ North FLagler Drive. loth Boor
West PaLm Beach, FL 33/+0t
May 7, 2001
Ms. Julinna M. Steele
24 NorTh Swlnton Ave.
DeL, ay Beach, Fl. 33444
Dear Ms. Steele:
We ate p]eased to have the opportunity to provide you a eommdmcnt which sols forth the general terms
ond conditions under which 13ank of America, N.A. (the "Bank") will provide fmon¢ing to the Delray
Beach Community Redevelopment Agency (the "Borrowe~").
Conlqct.lnfomat|on:
BankofAmerica Phone: 561-g38-2353
625 North Flagler Drive. lO'h Floor
West Palm Beach, Florida 33401
Fax: 561-838-2325
Contact Person: Bentley Utt, Vice Pr~ident
Alternate Contact: Leslie Downs, Vice President
raeili~:
$1,000,000 line of credit
Purpose:
For capital expenditures approved by the District_
Term/Repayment:
The line will mature one year fi.om closing, interest only wilt bc duc
monthly. All payments will be automatically debited from an account
of the borrower at the Bank. All principal will be due at maturity.
Prepayment:
Interest Rate:
Borrower may prepay all or any portion of the Loon at any time.
A variable taxable interest rate based upon 30 day Libor plus 1.0% (I00
basis points). For indication purposes, today's rate would be 5,3S%. There
will be an unused fee ot' %% payable annually in arrears.
The following terms nnd, Collditions aonly Io the loan:
Closine Costs;
The Borrower will pay all closing costs including, bur not limited to, the
Bank's reasonable attorney's review fees. Mack Raymond ofMoyle Flanigan
will prepare nil of the loan documents, issue the tax opinion, and also review
them for ~c bank for $4.500 if the alisa'icc wishes.
Loan Fee:
~one
A pledge of TIT' Revenues(Tax Increment Redevelopment Revenue)
subordinate to thc current 1999A and 199913 bonds.
UBA
Meeting Date: May ;_~,/2001
Agenda Item # _ _
- Summary
$1,000,000 line of credit
In Mamh 2001 the Board reviewed a revised budget that took'into consideration that the
Block 28~36 project would not close in this fiscal year, pushing $1.3 million in revenue
into 2002. To accommodate this revenue adjustment, some modifications to the budget
were made to end the year with an operating cushion of $102,569. It is staff's feeling that
this operating cushion is not sufficient to take into consideration timing issues for existing
commitments or to be proactive to opportunities or community needs. $1.2 million was
paid to the court in early May 2001 for the Norris taking and $1.08 million is due to the
City in the next few months for the West Atlantic Beautification project. There are also
opportunities in the BiLo block as well as conversation about an opportunity on Federal
Highway. It is staff's feeling that the most prudent course of action is to obtain a line of
credit in order to maintain a proactive stance in the community.
The CRA has pre-approval for a $1,000,000 line of credit from Bank of America that is
good for one year. The interest rate for this line is under 5 1/2% with a 1/4% non-usage
fee. This line would free the CRA to meet its obligations while still being able to take
advantage of opportunities that arose in the district. If drawn down, the line would be
repaid from reimbursement to the CRA from ISTEA, which is $934,136 split between
2002 and 2003. The commitment letter from Bank of America on this proposed line of
credit is attached.
There is also an option to defer payment to the City for the West Atlantic Beautification in
the form of a loan from the City. This option is being explored as well, but would not take
the place of the line of credit.
Action requested: Board approval of opening a $1,000, 000 line of credit.
ThankYou!
Submitted By:
Telephone #:
Diane Domin¢luez
561-276-8640
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~. ,J:- REGULAR MEETING OF MAY 15, 2001
AWARD OF BIDS AND CONTRACTS
DATE: MAY 11, 2001
This is before the City Commission to approve the award of the following bids and contracts:
1. Purchase award to Safety Equipment Company (via the City of Orlando bid #RF97-323) for
twenty-five (25) sets of replacement fire fighting protective clothing. Funding is available from
001-2311-522-52.22 (Administration-Uniforms); 001-2313-522-52.22 (Highland Beach-
Uniforms); 001-2315-522-52.22 (Operations-Uniforms), and 001-2317-522-52.22 (Safety-
Uniforms).
2. Purchase award to Hector Turf for the purchase of two (2) Toro Greensmaster 3100 2WD
Tractor units (via the GSA (General Services Administration Contract #GS-07F-8722-D) for
the total amount of $33,550.40. Funding from 446-4761-572-64.90 (Lakeview Golf Course); and
445-4761-572-64.90 (Delray Munidpal Golf Course) for $16,775.20 each.
3. Bid award to multiple low responsive bidders for the purchase of pipefittings and accessories for
the Water/Sewer Network and the Construction Division at an estimated annual cost of
$203,264.78. Funding from various departmental operating budgets.
4. Purchase award to Dracvo Lime Inc. for bulk quicklime (via the City of Boynton Beach Co-op
Bid #052-2821-01/KR) at an estimated annual cost of $320,250. Funding from 441-5122-536-
52.21 (Chemicals FY2001-2002).
5. Bid award to multiple low responsive bidders (Bid #2001-19) for the purchase of automotive
parts stocked in the purchasing warehouse, at an annual cost of $59,000. Funding from various
departmental operating budgets (FY2001-2002).
6. Purchase award to Dell for 12 personal computers at the Police Department (via State Contract
#250-040-99-1) in the amount of $20,160.00. Funding from 334-6112-519-64.11 (Renewal &
Replacement Fund).
7. Purchase award to TeleStaff (sole source) for a daily staffing and scheduling sof~ware
package in the amount of $40,000.00 for the Fire Department. Funding is available in 001-
2315-526-66.10 (Software).
Recommend approval of the bid and contract awards listed above.
Ref:Bid. Agmemo.05-15-01
.
Request to be placed on:
X Consent Agenda
When:
AGENDA ITEM NUMBER' 4}¢ J
AGENDA REQUEST
May 16, 2001
__ Special Agenda
Date: May 7, 2001
__ Workshop Agenda
Description of agenda item: Request C~ty Commission's approval on the purchase of twenty
five (25) sets of replacement fire fighbng protective clothing from Safety Equipment Company as
budgeted m the current budget year Amount of this purchase is $28,950 and we wdl p~ggy back
the b~d from the C~ty of Orlando
ORDINANCE/RESOLUTION REQUIRED: YES
Attached. YES
NO X
NO
Recommendation: Approve purchase of fire fight~ng protective clothing
Department Head Signature:
Ker/ry~~~re'~C h lef~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding avadable: Yes__X__ No
Funding alternatives:
Account Number'
Account Descripbon:
Account Balance.
(if applicable)
001-2311-522-52-22, 001-2313-522-52-22, 001-2315-526-52-22
And 001-2317-522-52-22
Uniforms and L~nen
- ¢~t~',r,. ~,~,,~. ~
City Manager Review:
Approved for agenda, e~ ~
Hold Unbl
No
Agenda Coordinator Review:
Received:
Action' Approved
D~sapproved
P.O.#
CITY OF OELRRY BEACH
FIRE DEPARTMENT
DELRAY BEACH
1993
MEMORANDUM
TO~
FROM: '
DATE:
SUBJECT:
SERVING DELRAY BEACH
David T. Harden, City Manager
· GULFSTREAM
Kerry B. Koen, Fire Chief
May 7, 2001
Purchase of Replacement Protective Gear
· HIGHLAND BEACH
The Fire Department recommends awarding the purchase of twenty-five
(25) sets of replacement fire fighting protective clothing from Safety Equipment
Company in the amount of $28,950.00 from the City of Orlando bid #RFP97-323.
Funding is available in this current budget year from categories 001-2311-522-
52-22; 001-2313-522-52-22; 001-2315-526-52-22; and 001-2317-522-52-22.
This purchase will enable us to continue our current replacement schedule for
this personal protective equipment.
KBK/tw
Kerry B. Koen
Fire Chief
FIRE DEPARTMENT HEADQUARTERS o 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 ' FAX (561) 243-7461
Pnnted on Recycled Paper ~". ( .
Safety Equipment Company
Public Safety Division
Safety T)~'~'~
April 9, 2001
To: Tammy Wheatley
Delray Beach Fire Rescue
From: Carter Hall
Safety Equipment Company
Subject: Price Extension
Tammy,
This is to confirm that Safety Equipment Company will honor the Morning
Pride pricing you have on orders received in 2001. Your pricing is based on
the Orlando bid which is a set discount (50%) from manufacturer list. Under
this you are price protected according to the Morning Pride 2001 price list. If
you have any questions, please don't hesitate to call me.
Safety Equipment Company ~ Public Safety Division ,, Tampa, Florida
(888) 263-5319 ~ (813) 622-7554 ~ Fax: (813) 621-7413
ACKNOWLEDGEMENT/QUOTE Page 1
Fax: (8t3) 526.~8,,5
.......................... f~:~'~_~ ................................................................................................................................ -::.__~ .................................. ~
Sold TO: Ship TO:
DELRAY BEACH FIRE DEPARTMENT
501 WEST ATLANTIC AVENUE
DELRAY BEACH FL 33444
DELRAY BEACH FIRE DEPARTMENT
501 WEST ATLANTIC AVENUE
DELRAY BEACH FL 33444
Date
03/05/01
Time
8:16:29
P.O. No: Q-2001GEAR
Co/Cust No Order No
Req Ship Date: 03/05/01
Ter Slsrep Ship Via
QUOTATION
Ref~
01/0000007813
9T7RA/00 001 00256 PPD
Terms: NET 30-CREDIT CHECK
m------mmmmmmmmmmmmmmmmmmm
Item Number/Description U/M Ordered
Price
mmmm
Total
MPR=25EOBPRC EA
BPR BASOFIL TAILS GBROWN COAT
MPR=25EOBPRP EA
BPR TAILS BASOFIL GBROWN PANTS
1.000
1.000
683.00000 EA
475.00000 EA
683.00
475.00
2001 BUNKER GEAR PRICING. EXPIRES 12/31/01.
Total Line Items 2 This
Quotation Expires
Subtotal
Sales Tax
Order Total
Deposit
Amt Due
12/31/01
1,158.00
1,158.00
1,158.00
* COMPLETE
pI.610U02 City Of Delray Beach Florida
Purchase Requisition
Number : 0000088667
.T,~information, press Enter.
Type (F4) .......
Reason ..... .. . .
By ..........
Date .........
Vendor number .....
Name (F4) ......
Search type ....
Contract nbr (F4)
Ship to (F4) ..... Si FIRE HEADQUARTERS
Deliver by date .... 070101
Fiscal year code 2
Type options, press ~n~er.
2=Change 4=Delete 8=Item extended description
Opt Line# Quantity UOM Description
1 25.00 EA BASOFILL BUNKER COAT
2 25.00 EA BASOFILL BUNKDER PANTS
PURCHASE REQUISITION
PURCHASE REPLACEMENT BI~KER GEAR
REQUESTING MBW/WHEATLEY
706950
SAFETY EQUIPMENT COMPANY
_ B=Begins with, C=Contains
9=Quotes
5/07/0
09:53:55
F3=Exit
FS=Requisition quotes
F4=Prompt
F12=Cancel
F6=Add item
F20=Comments
Total: 28950.00
F7=Alternate view
F21=Copy
AGENDAITEM NUMBER:
AGENDA REQUEST
Request to be placed on: May 15, 2001
Date: May 08, 2001
XX Consent Agenda
Special Agenda
Workshop Agenda
Description of agenda item:
Approve the purchase of two (2) Greensmaster 3100 2WD Tractor Units from Hector Turf via the
GSA (General Services Administration) Contract #GS-07F-8722D for the total amount of
$33,550.40 ($16,775.20 ea.)
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached YES
NO
NO
Recommendation:
Approve award to Hector Turf for the purchase of two (2) Greensmaster 3100 2WD Tractor Units
via the GSA (General Service Administration) Contract #GS-07F-8722D for the total amount of
$33,550.40.
Funding from account code 446-4761-572-64.90 for $16,775.20 and,
From account code 445-4761-572-64.90 for $16,775 20.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~,-'""~_ No
Funding alternatives:
Account Number:
Account Description.
Account Balance:
0f applicable)
City Manager Review:
Approved for agenda.
Hold Unbl:
No
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor(~.~
Joseph ~inance Director
May 08, 2001
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
MAY 15, 2001 - PURCHASE AWARD
PURCHASE OF TWO (2) GREENSMASTER MOWERS
FROM HECTOR TURF VIA GSA CONTRACT
Item Before Commission:
City Commission is requested to approve award to Hector Turf for the purchase of two (2) Toro
Greensmaster 3100 2WD Tractor Units via the GSA (General Services Administration) Contract
#GS-07F-8722D for the total amount of $33,550.40.
Background:
The Delray Beach Municipal Golf Course is in need of two (2) greensmowers. One for the
Delray Beach Municipal Golf Course and one for the Lakeview Greens Golf Course. These
items are being replaced at each golf course as the current ones are either not worth the monies to
fix and/or are barely running.
These greensmowers are available from Hector Turf via the GSA (General Service
Administration) Contract #CG-07F-8722D at $16,775.20 each, which was awarded to Century
Equipment Inc. - Toro. Hector Turf is the local dealer for the Toro products in South Florida
Area per attached memo dated May 07, 2001. Also attached is the pricing schedule from the
GSA Contract and the documentation from GSA Federal Supply Service showing the award to
Century Equipment Inc. - Toro. (The GSA contract expired February 28, 2001, but Hector Turf
will honor this GSA Contract pricing quote to the City of Delray Beach.)
The Manager of the Delray Beach Municipal Golf Course recommends the award to Hector Turf
as per attached memo dated March 13,2001.
Recommendation:
Purchasing staff recommends award to Hector Turf for the purchase of two (2) Toro
Greensmaster 3100 2WD Tractor Units at a total amount of $33,550.40. Funding from account
codes 446-4761-572-64.90 and 445-4761-572-64.90 for $16,775.20 each.
Attachments
Memo
Letter from Hector Turf
Memo
To: Brahm Dubin ,
From:Tom Arendt
CC:
Date~ 03/t3/01
Re Capitol equipment purchase 200t.
We nccd to purchase two greensmowers. One for the Delray course and one for
Lakeview course.
The machine at Delray that will be replaced has 3,200 houm and is not worth fixing.
We will use it for parts on our other units.
The machine we are repladng at Lakeview has 2500 hours and is barely running.
We will use it as a back-up machine for tees and greens.
We recommend pumhasing two Tom 3100 greensmowers for the reasons given in
the attached memo f~om Tom Gynn of 10/27/00.
/~,77 ~, ~o
The machines cost ~ each and can be purchased under GSA contract
~S-07F-8722D.
This year we have purchased a fairway aerffier for Delray at a cost of $18,300. Also,
we purchased a spray rig for Delray for a price of $11,615.12. This spray rig was
returned and we have received a credit for $11,615.12, which we will use against the
cost of ~e mowers. ,
Capitol:
Lakeview
- $20,000 Delray Golf Club -$50,000
Greensmower- $17,499.39
remaining - $2,500.61
fairway ae~er
Greensmower
$18,300 (purchased)
$17,499.39
remaining $15,200.61
· Page I
Leaving
51,700
(21,131.84) Greensmower and reels - Lakeview.
Leaving
30,548.16. in our capitol budget reserve.
I recommend that we purchase this mower. We have not replaced greens mowers in
a long time and are coming due at both courses. Our mechanics have done an
excellent job of keeping these machines running, but time runs out.
· Page 2
05-08-2001 07:29AM FROM HE£TOR TURF
TO 2457166 P.01
W THIRD STREET / DE:ERF~ELO BEACH, FL 33442
TEL' (954) 429-3200 - FAX (954) 360-76,57
May 7, 2001
Via Fax: 561-243-7166
Mr. Jackie Roone
Purchasing Department
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
Dear Jackie:
Per our conversation on 5/04/2001, Hector Turf is the Sole Source Distributor for Toro
products under the GSA Contract. We also are honoring GSA contract prices.
Sincerely,
11
Michael J. Leising I./r
Senior Account Representat~e
Commercial/Irrigation Products
MJL:Ik
MODEL
SIN-N0 ~13MBRR
341-100 04052
341-700 04122
FROM HECTOR TURF TO
aSA PRODUCT PRICK LIST
BFFECTIVENARCH 1, 1996 THRU FEBRUARY 28, 2001
CONTRACT N~EH: GS-07F-8722D
DESCRIPTION
GR~[.q~I~ 1000
21" Greensaire= ~000
(Includes Aluminum Wiehle Roller)
G~q~N~AST~R 1000 OPTIONAL ACCESSORIES
Wheel Ki~
24J7166 P.0J
GSA PRICE
4,431.73
95_86
341-300 0435~
~MA~T~K 3100 TRACTZON UNITS
Greeusmaster 3100 2WD
GR~NS~A~T~R 3100 CUTTING DI~ITS
341-700 14-0659
341-200 04404
341-200 04406
341-200 04408
341 2O0 04468
341-700 04412
34z-7oo 04414
~o 0~2.4
343 700-04426
A41-700 21-6540
5 Blade Heav~ Duty, Reel Assembly 173.98
8 Blade Cutting Unit Hd, %-Bolt Adjustment 1,067.22
11 Blade Cutting Unit, 4-Bolt Adjustment 1,062.60
8 Blad~ Cutting Unit, 4-Bolt Adjustment ~,~ 929.77
ll Blade Cutting u~it. SinDle Point Adj. ~ i~107.64
8 Blade Cutting Unit, Single Point Adjustment---
GREEN{TE~ 3100 ROlLErS ~ ~
Full Front Rolle~ Kit (Set Of 3) 281.82
Swaged Roller Kit (Set Of 3) 265.67
CaSt I~on Wiehle Roller. Kit (Set ~ ~)
-~~inum Wiehl~ Ro~er Kit ~e~ 0~¥ ..... ~-70.0~
Wiehle Roller (Economy One) 93.74
341-300 02002
GROUNDS PRO 2000
Grounds Pro 2000
4,966.50
GROUNDS PRO 2000 AXLES
341-700 02200
3 wheel Axle 300.30
GROU~D~ PRO 2000
]~1-700 30769
341-700 02305
Cushion Seat Kit
Deluxe Seat Kit
259.87
427.35
G~0U~I)$ PRO 2000 CIFI~INGUNITS
341-200 03434
~41-200 03436
]41-700 02100
S~T ~1 - FLIED HEAD (Includes Skid Kit)
Blade Left Fixed Head Cutting Unit
(Requires 2)
5 Blade Right Fixed Head Cutting Unit
Fixed Head Lift Kit
1,091.47
~,091.47
513.97
341 200 03437
341-200 03439
341-700 02101
sgT~2 - PLOATING HEAD
8 Blade Left Floating Head Cutting Unit
(requires 2)
8 Blade Right Floating Head Cuttzng Unzt
Floating Head Lift Kit
1,403_32
1,403.32
560.17
GROUNDS PRO 20 O0 ATTACHMENTS
¢41-400 02202
Debris Blower
2,050.12
PRICES QUOTED FOB DESTINATION WITHIN THK 48 CONTIGUOUS STATES, WASHINGTON DC,
OR NF~/~EST PORT OF EMBARKATION POS OV~RSEAS SHIPMENTS PAG~ 4
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: May 15, 2001
Date: May 07, 2001
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
Description of agenda item:
Approve mulbple awards to Iow responsive bidders for the purchase of pipe fittings and
accessones for the Water/Sewer Network and the Construcbon Diws~on at an estimated annual
cost of $203,264 78.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached. YES
NO
NO
Recommendation:
Approve multiple awards to the Iow responsive bidders for the purchase of pipe fittings and
accessones at an estimated annual cost of $203,264.78 Funding from various departments
operating budget.
Department Head Signatu~ ~.~
Determination of Consistency w~oomprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding avadable: Yes V'/~ No
Funding alternatives'
,\Account Number:
Account Descnption'
Account Balance.
(if applicable)
City Manager Review:
Approved for agenda:
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph Saffo~nance Director
May07,2001
DOCUMENTATION - CTIY COMMISSION MEETING
MAY 15, 2001 - BID AWARD - BID #2001-18
PIPE FITTINGS AND ACCESSORIES - ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve multiple awards to low responsive bidder(s), as listed
for the purchase of pipe fittings and accessories, at an estimated annual cost of $203,264.78.
Background:
The Water/Sewer Network and Construction Division have a need for an annual contract for pipe
fittings and accessories with funding from their operating budget.
Bids for this contract were received on March 02, 2001 from eleven (Il)vendors, all in
accordance with City purchasing policies and procedures. This bid contains twenty (20) groups
for commodities which are inventoried in the Purchasing Warehouse, and the last group number
twenty-one (21) is for the Capital Construction Division. (Bid #2001-18. Documentation on file
in the Purchasing Office). A tabulation of bids is attached is attached for your review.
A meeting was held on Wednesday, April 25, 2001, with the Purchasing staff and the Manager of
Water/Sewer Network to review the bids and make award recommendations. Awards were made
to low bidders for each group as listed below and as highlighted on the attached tabulation of
bids. Recommended vendors are as follows:
Vendor:
Estimated Annual Amount:
Hughes Supply
Lehman Pipe
A & B Pipe Supply
Corcel Corporation
Melrose Supply & Sales Corp.
Sunstate
$ 13,208.31
$ 3,795.70
$ 9,853.59
$ 3O8.30
$ 1,199.48
$ 53,478.32
US Filter
Sunstate
Southwest Kitchen and Bath
$121,273.23
$ 12,586.41
$ 147.95
Total Estimated Annual Cost
for City of Delray Beach
$203,264.78
Recommendation:
Staff recommends multiple awards to vendors as stated above at an estimated annual cost of
$203,264.78. Funding from various departments operating budgets.
Attachments:
Memo to Manager Water/Sewer and
Deputy Director of Construction
Tabulation of Bids
£1TV I)F I)ELRIW
PURCHASING DIVISION
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
Scott Solomon, Manager Water/Sewer
Howard Wight, Deputy Director of Construction
Jackie Rooney, Purchasing Supervisor
Joseph~~-~hance Director
March 23, 2001
Bid #2001-18
Pipe Fittings and Accessories
Attached is the "Tabulation of Bids" and a copy of the bids received on March 02,
2001 for the above referenced subject.
The bid package was advertised in the Palm Beach Post and on
DemandSrar. Com. The bid package was picked up by forty-seven (47) vendors.
Please review tab sheets and forward to Purchasing your award
recommendation.
Note: Howard Wight - Group #21 is for Capital Construction.
If you have any questions, you may contact me at ext. 7163.
Attachments
Cc: Richard Hasko, Director of Environmental Services
Leon Slydell, Purchasing Assistant
C~z~
iH
AGENDA REQUEST
Request to be placed on: May 15, 2001
Date: May 08, 2001
XX Consent Agenda Special Agenda ~ Workshop Agenda
Description of agenda item:
Approve bid award to Dravco Lime Inc. for the purchase of bulk quicklime via the City of Boynton
Beach Co-op Bid #052-2821-01/KR at an estimated annual cost of $320,250.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Award to Dravco Lime Inc. for the purchase of builk quicklime via the City of Boynton Beach Co-
op Bid #052-2821-01/KR at an estimated annual cost of $320,250. Funding from account code
441-5122-536-52.21 (fiscal year 2001-2002)
Department Head Signatur~~--~~
Determination of Consistency wlth~omprehensive ~lan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involv, ing expenditure of funds):
Funding
available'
Yes
No
Funding alternatives:
Account Number:
Account Description:
Account Balance.
City Manager Review:
Approved for agenda: ~
Hold Until:
Agenda Coordinator Review:
Received.
Action. Approved
0f applicable)
No
D~sapproved
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Superviso~
Joseph Sa~ance Director
May 08, 2001
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
MAY 15, 2001 - BID AWARD- PUCHASE OF BULK
QUICKLIME FORM DRAVCO LIME INC. VIA THE CITY
OF BOYNTON BEACH CO-OP BID #052-2821-01/KR
Item Before Commission:
City Commission is requested to approve the award for the purchase of bulk quicklime from
Dracvo Lime Inc. via the City of Boynton Beach Co-op Bid #052-2821-01/KR at an estimated
annual cost of $320,250.
Background:
The City of Boynton Beach is the lead agency for this cooperative bid. Bids were received on
April 18, 2001, from three (3) vendors based on estimated annual quantities of the participating
governmental entities. (Documentation on file in the Purchasing Office). A tabulation of bids is
attached for your review.
The City of Boynton Beach recommends award to low bidder (Dravco Lime Inc.) per item. See
attached memo dated April 30, 2001 to members of the Cooperative Purchasing Council of Palm
Beach. This award is scheduled for the City of Boynton Beach Council Agenda meeting of May
15, 2001.
The Manager of the Water Treatment recommends award to Dravco Lime Inc. as stated on
attached memo dated May 7, 2001.
Recommendation:
Staff recommends award to Dravco Lime Inc. for the purchase of bulk quicklime at an estimated
annual cost of $320,250. Ftmding from account code 441-5122-536-51.21 (fiscal year 2001 -
2002).
Attachments:
Tabulation of Bids
Memo From City of Boynton Beach
Memo from Manager Water Treatment Plant
Ma~ O? 01 03:34p Cit~ o? D~lpa~ Beach SB1 243 7316 p. 1
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
TO:
FROM:
SUBJECT:
DATE:
JACKLYN ROONEY, PURCHASING SUPERVISOR
U M
Illlllll
www deb'ayesd corn
JOHN M. BULLARD, WTP MANAGER
CITY OF BOYNTON BEACH CO-OP BID FOR BUCK QUICKLIME
MAY 7, 2001
I have reviewed the bids for Buck Quicklime and recommend award to Dravo Lime Inc. of
Longview AL.
We anticipate a usage of approximately 3,050 tons per year x $105.00 per ton delivered for a
Total of $320,250.00, which will be funded out of account # 441-5122-536-51-21.
cc:
Richard Hasko
Director of Public Utilities
Dan Beatty
Deputy Director
t lESSRVOO2~Ironstde[Jack~e rooney doc
oo~
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph ~ance Director
May 07, 2001
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
MAY 15, 2001 - BID AWARD - BID #2001-19
AUTOMOTIVE PARTS - ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve multiple awards to Iow responsive bidder(s) listed
below for the purchase of automotive parts stocked in the Purchasing Warehouse, at an estimated
annual cost of $59,000.
Background:
Bids were received on March 01, 2001, from eleven (11) vendors all in accordance with City's
purchasing procedures. (Bid #2001-19 on file in the Purchasing Office.) A tabulation of bids is
attached for your review.
The Fleet Maintenance Superintendent and Purchasing Division have reviewed the bids received
and recommend award to low bidders listed below and as highlighted on the attached tab sheets
with the exception for the OEM Parts which need to be purchased from the OEM Dealership.
Recommended Vendors:
A to Z Auto Parts
Discount Auto Parts dPo/a Pro2Call
Genuine Parts Co. Napa Auto Parts
Marc Industries
Maroone Ford of Delray
S & H Distributors
Recommendation:
Staff recommends multiple awards to vendors as stated above at an estimated annual cost of
$57,000. Funding from various departments operating budgets.
Attachments:
Tabulation of Bids
Memo From Fleet Maintenance Superintendent
MEMORANDUM
TO:
FROM:
DATE:
Jackie Rooney
Purchas~x~upe~isor
Bill Darty ~3
Fleet Maintenance Superintendent
April 30, 2001
SUB J:
BID#2001-19
Automotive Parts
Annual Contract
I concur with the low bid tabulations as outlined on the Tabulation of
Bids spreadsheet provided by your office. The City Garage expects to
spend an estimated annual usage of $59,000.00. OEM parts need to be
purchased from the OEM dealership to ensure that we are receiving
actual OEM parts, i.e. Maroone Ford, Dekay L/M, Maroone Chevy, etc.
If you have any questions, please call me at ext. 7333.
AGENDA REQUEST
Request to be placed on: May 15, 2001
Date: May 08, 2001
XX Consent Agenda __ Special Agenda ~ Workshop Agenda
Description of agenda item:
B~d Award - B;d #2001-19 - Automotive Pads Annual Contract. Award to various vendors at an
estimated annual cost of $5-7.000.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached YES
Recommendation:
NO
NO
Approve award to various vendors for the purchase of automotive parts which are stocked in the
Purchasing Warehouse at an estimated annual cost of $57,000
Funding from various departments' operating budget. (Year 2001 - 2002)
Department Head Signa *~.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on alljt.ems [n_volving expenditure of funds):
Funding available. Yes ~ No
Funding alternatives.
Account Number:
Account Description:
Account Balance.
City Manager Review:
(if applicable)
Approved for agenda:
Hold Until.
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
o
o
AGENDA ITEM NUMBER:
AGENDA REQUEST
Date: 05-08-01
Request to be placed on:
X Consent Agenda __ Special Agenda Workshop Agenda
When: 05-15-01
Description of agenda item: Approve the replacement purchase of 7 personal computers
and 5 terminals at the Police Department (Req #88404). Funding to come from the Renewal and
Replacement Fund 334-6112-539-64.11 in the total amount of $20,160.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolubon Attached:
YES NO X
YES NO
Recommendation: Approval is recommended by the MIS Manager and Finance Director
Determination of Consistency with Con~hensive Plan: N/A
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes X '~
Funding alternatives (if applicable):
Account Number: 334-6112-519-64.11
Account Description:
Account Balance:
No
Computer Equipment
$18,781.82 (Req is already pre-encumbered--th~s ~s
remaining balance)
City Manager Review:
Approved for Agenda. Y~ ~__
Hold Until:
Agenda Coo~linator Review:
Received:
Action Approved:
No
Disapproved'
P.O. #
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David T. Harden
City Manager
Joseph M. Saffo~'~,
Director of Finar~,e~J
Replacement of 12 Police Department PC's from Renewal and Replacement
Fund - Commission Agenda (May 15, 2001)
May 8, 2001
We are requesting the replacement of 7 personal computers and 5 dumb terminals at the Police
Department be placed on the City Commission Agenda for approval at their meeting of May 15,
2001.
Replacement of the 7 personal computers is required in order to support the 2000 Operating
System and replacement of the 5 terminals with personal computers is required as the new
Ethernet does not support dumb terminals. These replacements are included on Requ~s~bon
Number 88404 in the amount of $20,160.00. The quotation for these replacements was provided
by Dell on Quote Number 58792349 using State Contract #250-040-99-1.
Funding for these replacements was included and approved in the FY 00-01 budget process from
the Renewal and Replacement Fund. Funding is available in 334-6112-519-64.11.
/sam
DM. LC COM
Date: 5/11/01 9:40:45 AM
QUO TA TION
QUOTE; #:
Customer #:
Quote Date:
Customer Name:
687'92349
1016934
4123101
CITY OF DELRAY BEACH
Product Subtotal: $1,680.00
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: 3rd Day Total Number of System Groups: 1
Dell Pentium III 1.0GHz GX200/Mini-Tower(133MHz FSB),w/8MB4XAGP Int Vid,lnt
Base Un~t:
w/RWUNIC,lnt Snd, 256K Cache (220-6169)
Memory: 256MB Non-fCC,PC700,2-128 RIMMDevices,GX2001300 (311.2591)
Keyboard: Quietkey Spacesaver 104-keyKeyboard, GX2001300 (310-4359)
Monitor: 17" Dell M781 P Monitor,'l 6.0Viewable Image S~ze,OptiPlex, Factory Install (320-6122)
Video Memory: 8MB integrated Video MemoryUpgrade,GX200, Factory Install (320-6327)
Hard Ddve: 20GB,7200 RPM, EIDE,GX110/GX2001GX300 MiniTower (340-3211 )
Floppy Disk Drive: 3.5,1.44 MB Floppy Drive,GX2OOI3OO.MiniTower (340-3218)
Operating System: Windows 98 2nd Ed,tion,FAT32,CD,English,OptiPlex,Factorylnstall (420-8810)
Mouse: Microsoft Intellimouse (PS/2)GX200/300 (310-2595)
NIC: Integrated 10/100 3Com RemoteWake-up NIC,Optiplex,GX200/300 (430-306'1)
CD-ROM or DVD-ROM Drive: 16X IDE DVD-ROM, GX200Mid-Desktop or MiniTower (313-1577)
Sound Card: Integrated Sound Blaster,Compatiable with AC97 Audio (313-8066)
Speakers: Harman/Kardon Speakers,GX200/300 (313-0643)
Software Disk Two: OptiPlex Resource CD (313-7168) '
Option 1: Passive Expansion Riser ForGX200/T+ System,5 PCl Wake upon Lan,Factory Install (430-7118)
Service: Type 3 Contract - NextBusiness Day Parts & LaborOn-Site Response Initial Year (902-3610)
Extended Service: 'rype 3 Contract - NextBusiness Day Parts & LaborOn-S~te Response 2YR Extended (902-3612)
Installation: Standard On-Site InstallationDeclined (900-9987)
Misc: Dell Mouse Pad (310-3559)
Misc: Thank you for purchasing aDell OptiPlex from the State &Local Govt Accounts Division! (460-
8867)
· 250.040.99.1*~*
Product Subtotal: $1,680.00
Tax: $0.00
Shipping & Handling: $0.00
Shipping MethOd: 3rd Day Total Number of System Groups: I
SALES REP: BARBARA HARBER
Email Address: Barbara_Harber~Dell.com
PHONE: J 800-981-3355
Phone Ext: 43012
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. You may also
place your order online at www.dell.comlquote
This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement,
is subject to the applicable Dell terms and conditions agreement.
Prices and tax rates are valid in the U.S. only and are subject to change.
All product and pricing information is based on latest information available. Subject to change without
notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
options at US_DFS_AssetRecovery~dell.com. Minimum quantities may apply.
Request to be placed on:
X Consent Agenda
When:
AGENDA ITEM NUMBER'
AGENDA REQUEST
May 16, 2001
~ Special Agenda
Date: May 9, 2001
__ Workshop Agenda
Description of agenda item: Request C~ty Commission's approval of the purchase of TeleStaff, a
daily staffing and scheduling software package m the amount of $40,000 Th~s purchase will be
used by the on-duty Battahon Chief to fill daily staffing requirements ~n a more efficient and time
effectwe manner than the present manual system TeleStaff ~s a sole source provider Funding
for th~s purchase ~s avadable in budget category 001-2315-526-66 10.
ORDINANCE/RESOLUTION REQUIRED: YES
Attached' YES
NO X
NO
Recommendation: Approve purchase of a staffing and scheduling program package
Department Head Signature: ~
Kerry B Koen, Fire Chief
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes __X No
Funding alternatives:
Account Number: 001- 2315-526-66-10
Account Descripbon.
Account Balance:
Books/Pubhcat~ons/Software
Received'
Action: Approved
D~sapproved
P.O #
Agenda Coordinator Review:
(if applicable)
No
City Manager Review:
Approved for agenda
Hold Untd.
[lTV OF DELRI:I¥ BEI:I[H
FIRE DEPARTMENT
DELRAY BEACH
1993
MEMOR^NDUM
SERVING DELRAY BEACH
· GULFSTREAM ° HIGHLAND BEACH
TO:
David T. Harden, City Manager
FROM:
Kerry B. Koen, Fire Chief
DATE: May 9, 2001
SUBJECT:
Purchase of Daily Staffing Software - TeleStaff
The Fire Department recommends the purchase of a daily staffing and
scheduling program from Telestaff, a sole source provider, in the amount of
$40,000.00. Funding for this software purchase is available in budget category
001-2315-526-66-10. This purchase will provide scheduling software for use by
the duty Battalion Chiefs to fill daily staffing requirements in a more efficient and
time effective manner than our present system.
Currently the Fire Department performs personnel scheduling for 118 shift
personnel manually. This results in a labor intensive process for our Battalion
Chiefs who spend approximately 3-4 hours per day replacing personnel. This
software will streamline the process by eliminating much of the morning
scheduling routine. This change will permit the duty Battalion Chief to spend
more time directly on management of the shift, inspection of equipment and
facilities, and evaluation of personnel.
The software will provide the following features:
1. Automatic notification of eligible personnel to fill shift vacancies.
2. Provide a recorded "audit" of all telephone calls made to fill vacancies.
3. Overlays local labor-management policies to insure fair distribution of
overtime opportunities when vacancies occur.
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper ~ 7'
David T. Harden, City Manager
Purchase of Daily Sta~ng Software- TeleStaff
May 9,2001
Page-2-
A copy of the license agreement between the City of Delray Beach and
Telestaff has been forwarded to and approved by City Attorney Susan Ruby.
Richard Zuccarro from the MIS department joined the Fire Department on a trip
to Broward Fire Department to speak to the users of the software and to
evaluate its compatibility with the City's current computer system. He has also
approved its application.
If you need any additional information please contact me.
Kerry B. Koen
Fire Chief
KBK/tw
Revision '£gL.~ 2-1-2000
TELESTAFF LICENSE AGREEMENT
This Agreement ("AGREEMENT") made by and between Principal Decision Systems International ("PDI that has its )nnclpal place of
business at 625 The City Drive South, Suite 190, Orange, CA 92868, and CITY OF DELRAY BEACH "CUSTOMER"),
that has ~ts pnnclpal place of business at 501 WEST ATLANTIC AVENUE, DELRAY BEACH, FL 3'~aa'~ ..... shall be subject to the following terms
and cond~bons
Witnesseth.'
Whereas, PDSI has developed a telecommun~cabons/computer technology which consists of certain hardware and software known as
TELESTAFF, and
Whereas, PDSI ~mposes certain hcense reqmrements on customers desirous of purchasing a hcense for TELESTAFF, and
Whereas, CUSTOMER w~shes to contract w~th PDSI to (1) ~nstall TELESTAFF, (2) Implement a hcense to use TELESTAFF, (3) tram
CUSTOMER on its conflgurabon and use, and (4) as apphcable, ~mplement all hcenses necessary to use TELESTAFF, and
Whereas, PDSI ~s wdhng to contract w~th CUSTOMER to (1) ~nstall TELESTAFF, (2) grant CUSTOMER a hcense to use TELESTAFF, (3)
train CUSTOMER on ~ts configurabon and use, and (4) as apphcable, grant all hcenses necessary to use TELESTAFF,
Now, therefore, in considerabon of the mutual covenants and agreements hereto contained and other good and valuable considerabon, the
receipt and sufficiency of which ~s hereby acknowledged, and ~ntend~ng to be legally bound hereby, PDSI and CUSTOMER do hereby agree as
follows
1. Ownership of TELESTAFF The part~es recogn,ze and acknowledge that ownership of TELESTAFF shall remmn w~th PDSI
(a) License Except as provided herein at paragraph 2(b),,.
object code form CUSTOMER shall ab~de b'.
(b) Components of L~cense The TE
collechvely constitute TELE,~
Copyri,qht and Pro
(a) TELESTAFF is own
prows~ons CUS'I
JSTOMER a license to use TELESTAFF m
and software that
~onal trade
's right to
use TE LESTAFF tn tl~ event of term ~nabon
for any reason other than non-?enewal o[ Service and Support as described herein at Sectifn 11, CUSTOMER must immediately
return TELESTAFF andaccompany[ng documentation to PDS[.
(b) CUSTOMER.~heliYnot:,'~, ~ ~:,, ". ~ . ;-
, from:.pDSI. An¥:pomfn, o~'TELES'FAFF me~ [fi~to ~nb~fier'~:dgram;~ffil~n~ ~he~ ~xbre~s ~n p~i~fi fr~m
EDSkw~ be subje~ to the te~m~ of ~[s AGREEMENT',
(") : ~'~ ~ ec0m~[le: ~r ~ake;~hy~ a~st~ d~oVSr~the'~gur~::C~e ~i~[~'Obi~y 0f
Ex.utile;. ih~ ~e~on~D~e ~s defined as the date th~s AGREEMENT
~ Th,~ ~GR~ENT is_.~bUge'?~ bind,fig ~upon. PDSI o~d,CUSTOMER upqh'th~ ~e~tion Date ~S de~ned~¢~r~g~Ph 3
nere~n eno sna[t remain t~ e~ebt f~ a fe~ of dne (1) year,~ 'bntess ~t~m~ated as p~ofi~d~her~m On each a~a~ date
thereafter, thi~AGREEMENT, sh~tl ~om~bcal[y re,ew for a term 6f
~. ~The:~llm Stit~es a ~ompIete rst of e I TELEST~FS~b~pbn~-~ahagf~ in &ngec~G":~h'~ ~$ of
TELESTAFF ,~ See Ap~ead~: the def n t on of~ TEEESTAFF Hard.re Co~poae'nts 'mnd:.A~Dend ~ '~B ~{~ 'th~,~[~n'' of
Implementabon ~e0~m: :~..C ~oes hereby agme~Io purchase ~mm~DSI ~e:3elect~d.~tem~ in consld~i~6' ~gr the
~ TELE~A:
I I Sa~es %x
Pric n.q PDSI agrees to the fees reflected above in Pamg~raph 5 ~ L,~ ~ ; ';
625113e Oily Drive SOUth;~ [800) 850-7374]..
Re'eision 7:gL,4 2-1-2000
Payments CUSTOMER agrees that all pricing and amounts due hereunder are based on Umted States currency and that all
amounts remaining unpaid for more than thirty (30) days follow~ng the date of the invoice shall be subject to an interest charge at the
monthly rate of 1 5% CUSTOMER does hereby agree to the payment terms for each component
Imbal Component Due
TELESTAFF Software License and applicable Sales Tax On Execubon Date
TELESTAFF Hardware Components Net 30 Days from Execution Date
TELESTAFF Implementabon Services Net 60 Days from Execution Date
8 Travel Expenses CUSTOMER agrees to pay for all travel expenses related to TELESTAFF ~mptementat~on and tralmng services as
defined m Appendix B
9 Additional Components If add~bonal hardware and/or software are required for add~bonal usage, other enhancements, or add-on
options, CUSTOMER agrees to pay for any and all hardware and/or software required for supporting add~bonal TELESTAFF usage,
enhancements and/or other add-on opbons
10 Implementation Services. Implementation Services Include configuration of TELESTAFF as defined m Appendix B CUSTOMER
acknowledges that additional training and/or reconfigurabon requested by CUSTOMER wdI be at an addlbonal cost
11 Service and Support Service and Support of TELESTAFF is prowded at no addlhonal charge during the first twelve-(12) months
following the Execubon Date See Appendix C for the defln~bon of TELESTAFF Servtce and Support CUSTOMER does hereby
acknowledge that on each anniversary of the Execubon Date, CUSTOMER may renew service and support under the following
events
Imt~al
Event
l't Anniversary of the Execubon Date
Subsequent anmversanes dunng term
.Payment
$4,608
increase over previous period
Should CUSTOMER elect not to renew
that any subsequent re-enrollment fo[
~n Service and Support by
that PDSI may assess
and Support fee for the lapse~
CUSTOMER acknowledges
the prewous lapse
acknowledges
.~1:c%t~(10%) of the Service
release, s of TeleStaff
as defined in Appendix C~7%' ';~;'?!;j:? ;, ' ':, - ,~ _*: .; :~ t
12 L~m~ted Warranty PDSI:~.R~NTS ~LESTAFF TO BE FREE MATERiAE~ND WORK~f~S'H~P UNDER
~A~E AN~ ,TO,OPERaTE IN ACCORDANCE WITH TELESTAFF'USER; ~UALS;` HOWLER PDS~:DOES NOT
A~Nf THAT.THE FUNCZIONS CONTAINED IN TELE~AFF WI'EL~ M~ET COStOMER's REQUIREMENTS OR TEAT THE
OPE~TION OF TELESTAFF~LE BE UNINTERRUPTED OR ERROR FREE: ~HE'L MITED WAR~NTY SET FORTH~ERE N
IS IN LIEU OF 'ALL OTHER :~AR~;NTIES,~EXPRESS OR'iMPLIED-INbLUDING,8~ NOT.'LMITED TO ~HE;[M iED
WAR~NTIES 0~-M~OH~NT~iL, I~f ~ND FITNESS FOR~A PAR~I~*~ ~0RPOSE;~' ' ' ~ ," ~*~ ~
13 Limit~ion of'Liab~it*;,;'pDst~SEN~JRE LfABIEITY AND: CUSTOMER% EXEUSI~REMEDIES SH&LL BE THE'~EP~OEMENT
~ ~T.5~¢~'u~ON;~OT[EICATtON OF REPORTED DEFICIENCIES. IN N0 '~E~:~ILL PBS[ BE LIABLE TO*C~ST0~R
u A~Y/HIRE PARTY, FOBANY O~[MS OR DAMAGE~, INCLUDING ANY~.LOSTWAGES. LOS~;PROFI%, LO~VS~Vf~6S
OR OTHER¢ INCiDEnTAl; QR C~SEQUENTIAL DA~GES, ~ARiS~G, OUT OF '~E:~SE;~OR; [NABrd~ ¢O U~E,fE~ES~AFF
EVEN IF PDSI', ~AS?SEEN ADVISED OF TRE' POSS~BtL~ O¢ s~CR 'DAf~ES;:¢ 'CUSTOMER ;~HA~ tNDE~Y* ~EE~D.
14 Termination.',ThBAGREEMEN~h~tl,te~inate Upon tile fotl~ingecen~s.' ;~'* :~ _~ .... ~' ~ ¢'- ~ '~" "'7" ," ~
(a) In the'¢a~ Of a',',~vee(:Sf?efa~]t~ (if cosTO"ER o2 PBSI fa,is to g~t[s~~ ~y' 67:~S r~S~ec[l~e cov~n;nts, dut,e¢;or obligations
under this AGREEMENT),-th~nbmdefaulting pa~y shall ha~e the ~p~o~ to, terminete th~ AGR. EEMENT In the event 0f ~efault
the non-defaull~ng pa~y ~ha[l g~Fe Wrkten not.ce to ~h~,defa~kg ~a~ O~ th'e,a~leged def~fltt and g~ve su~h'pady at feast ihidy
(30) da¢ in. wh[~ to' cure lhe¢,aileged;,defa~lt., ff the defaulti¢~ Cpa.9* d~s ~t sd~sfa~t~ty Cure its default, .the ~on~'¢ef~ltmg
pa~y h~s~he r}ght t~' te[minate upon ~i~y (30)d~ys 4d&ti0r~r;,¢ittkh nb~de s(m[ng (be' defautti~g ~a~y's iait~r~ 6 C~ the
By mutual
625 The C~ Oreo ~,
[800) 850-737~,
(b)
(c)
Revision TSLA 2-I-2000
15
PDSI
By
T~tle
Date
Miscellaneous Provision.s,
(a) Amendments This AGREEMENT shall not be moddied or amended except by another agreement in writing executed by the
parbes hereto.
(b) ~ This AGREEMENT, including Appendices A, B and C attached hereto, supersedes all prior dlscusstons,
understanding and agreement between the parties with respect to the matters contained herein, and consbtutes the entire
agreement between the parbes w~th respect to the matters contemplated herein
(c) ~ Th~s AGREEMENT shall be construed and enforced in accordance with the laws of the State of Florida
deman ......... ,-, ,~,,,~,, serv ces which provides for receipt, or
(d) Notices. All notices, requests, ds and/or other communications required or permitted to be gtven or made by th~s
~GREEMENT shall be in wnbng and sha be dehverea py commerc~a~ uwm~sut- ...... ~
mailed by cert¢~ed ma~l, return receipt requested, postage prepaid and addressed to the parbes at the addresses referenced
above Any party may change its address for purposes of this AGREEMENT by nobce tn wrttmg to the other party
(e) No Wa vet No failure on the part of any party hereto to exercise, and no delay in exercising any right, power or remedy or parbal
exercise of any rtght, power or remedy by any party will preclude any other or future exercise of any other right, power or remedy
or parbal right, power or remedy No express waiver of assent by any party hereto to any default m any term or condlbon of th~s
AGREEMENT shall constitute a waiver of or an assent to any succeedm9 default m the same or any other term or condition
hereof
Assiqnablltt'/ This AGREEMENT shall inure to the benefit of and be bmdmoj upon the parbes hereto, their respecbve heirs,
successors, assigns and personal representatives
(g) _Year 2000 Compliant TELESTAFF is year 2000 compliant
IN WITNESS WHEREOF, the parties have
March 13,200~
'itten,
(CUSTOMER)
[:or the fe ~ .
""c~Udes. - u,e Confm,. ~w not su~,/
~ Q z ~US Will
. ;~(ephony 'h;~able of Opera. ..,,u
.... '~ comm,,_~' vet so~a._ (~)u~esta~s ,~. "~'~Ware fo .... ssary rot th~ ~e Telesta~
PDsI r.- "nlcatlon so~/~ '~eph°ne fe~:~, uUSTOM~ (~) ~ OPeration o'~
mOde~.=uOmmends ~ ",.~re for rem~,~ ,. mutes .. -
com~ and confio,~.Systems ~'~ ~agnostics
~unents for t~'uUOns, p~om Dell _ .
"'~ ~ eleSta~ ~ ~ol does ~mPUrer C
' Intel p .... "Uatabase o~u~ recomm~uration
"128 ~-uum II 5 n .._ o~iver must ;~,_,~.a a sn~.~~ Uell fre
- ~orH-- '~r~AM ~SOror~..
· T~Jarger SV~'~. "~eyb "~'UWare
· 5~C~up ~ ~on,tor ' ' ',Croph~_
~u MOde~
~r all, of i~~¢''f remote ' u~'uae
request re-, Inl~, ,~ fA'.. ~ for,il CL,,¢c~are
Protocol ~, ?ed ~o~i ; ?aY ~r ~,---' UMER 'o,~ - .' . ,~r~ra~i " ~ ~ ~u '~ onlp ~; .' '~ ~ gM
PCs
tel~ fhe
One
-~:~:, ~ ~ , ~ ,. serve
Revision ~1SI, A 2-I-2000
A endix B-TeleStaff Im lementation Services Partnershi A reement
For the fee specified in paragraph 5 of this AGREEMENT, PDSI wdt train CUSTOMER staffing administrators on
the operation of TeleStaff and then assist the CUSTOMER tn configuring the TeleStaff system with CUSTOMER's
data The following steps compnse the TeleStaff implementation servtces
Hand-Off' During th~s internal phase, the appropriate PDSI account representative transfers
information on the CUSTOMER to the PDSt implementabon Manager (IM) The IM is a
project manager who is responsible for coordinating all actMt~es necessary to Implement
TeleStaff for the CUSTOMER During this phase, PDSt wdl send to CUSTOMER an
implementation Welcome Packet containing an overview of the implementation Process
and reformation on how to prepare for TeleStaff
Pre. Configuration: During the pre.Configuration phase, the IM and CUSTOMER hold a conference call to
review the Welcome Packet, to estabhsh CUSTOMER contacts required by PDSI during
the Implementation process, and to set up the Admimstrator Class Also during this phase,
PDSI provides CUSTOMER with all necessary installation documentation and ships the
TeleStaff hardware to CUSTOMER.
Training'
The TeleStaff Administrato
CUSTOMER's
CUSTOMER's
TeleStaff tra~
uses
mstrucboh'~
wtll ta~e~
to ~e:c 'OMER'S .~iive! d~e,
use;~ t(aining (inctuding traimng on th~'*,use
~iner format intended for the
as knowledgeable of
staffing decisions)
~h:trammg facihty that
,;qt atso includes
f~t~'aining course
Prior
end-
[h'~ telephone') to-CusTOMER staff
Data'
Configuration:
For information on 'additional n~g
your TeleStaff Impiementati°n Ma e~:or?out.]Abc0bnt Executive'
PDSt, P e cOntact
.&Il Software Errors re ~
based Upon ..... POrted by CUo .....
assigned b,./~/~.~/~OMER's full de;'~,~'ER~ sh..all be reso/v .
notify pr~o,~,_ . ,or as define ~, I~tlon uf the nr..~.,_ ed as set fortk ~.A, .
- ~o~ ay telephon -r-_~~°w If CUSTo~,~'~Iem Resolutlo ,, ,~ow_ Initial res . .
e 'u~upnone no 'fi~,;~_ '"~ aeterm~ ~ n ~sponse wfl P~e by PDSi -
tl-~-un Will b~ ..... nes that a S~ .... I be 5asea .~ .... will be
"Normal BuSiness ~,,,~e to PDSI's s..~,re ~rror exists n~,%%L~e priority
holidays Hours" are 8:00 AM through 5'00 PM (Pacific Standard Time), MOnday through Friday, excluding
The main Suppod line Will be answered e~ther by an attendant
Business HOUrs, each trouble repo~ will be assigned a Nelp Des/< Log NUmber, The Normal
2g t~ ~he original probl~ ~ .all SUbsequent mqu~rie , or automated a~enda~t at all hours, During
Representative one is s e,ow, CUSTOME d cOF,ng to the nri~ NOurs, the attenda, be ~sed for
appendix, will be ~- a~a~lable Outs'd~ ,..~ay be able to % '~'Y assigned by pDo, t ~fll ring the
,,,cue available thm.~ ~-~ of Normal Bus' _ ~peak d~rectly to ~ T.~L. ~ the case
handled on a callbac r . ~-~-a Pager system T~ Hours, Priority 1 .. ~_
~s available 24 hours pe day, 7 days Per we '= phone nu~ .... --PPu4, a%'='~°~a~ Suppo~
described in th~s
representative will r~,,,~ ~as~s. If renueo,~, ek to CUSTOME~,o ,,,~r ~s 600-850-7374, Priority 1 SUppoR
..... . me call ~n ~%~=u or so stm ~0,~;" o w~th LIVE status, ~11 other problems will be
CUSTOMER Shall make eve~ e~o~ to respond to n ...... me
a ',,~-.er Consfste ¢;;~-~,=u m the response time criteria below, a PDSI
calls or additional d°cumentat~on on the re ~.
and Order in which the call Was received.
CUSTOMER,s SUbscribing to optional~ ~ ,~,
requests are made to follow-up
telephone data mOdem line wh
line located in each Such area
Priorities are assigned as f(
Description. ' ' ': ' ~¢''
Initial Response
Resolution Response:
Separate standard
a VOice telephone
a
625 The CIt,/Drive
Appendix C - TeleStaff Service and Support (Continued)
Priority Two
Hours of Availability
Normal Business Hours: Monday through Friday, 8.00 AM to 5 00
PM, Pacific Standard T~me.
Description:
Initial Response.
A non-critical software error, which prevents the user from
performing a data entry or system adm~nistrabon function These
do not include cosmebc, documentabon, or reporting problems
These also do not ~nclude questions or Inquiries regarding the
operabon of the software or its installation and training
During Normal Bus~ness Hours, PDSI will respond with a call back
within three hours Outside of Normal Business Hours (including
holidays), PDSI wdl respond with a call back w~th~n twenty-four
hours
Resolution Response:
PDSI will provide a workaround for CUSTOMER when possible
within an average of twen .~1 will provide a
problem resolubonjn cabon to the
Software in
Notificabon
PDSI
Priority Three
Hours of Avadabd~ty,
Description ~ ·
Business Hours: Monday through Friday, 8:00 AM to 5:00
' PM,'Pa~ific~Time.,
Software
Initial Response
Resolution Response
Notification-
:=2PD~ V~ii/re~Por~,d ;to* tl~ese fte~_~'ii Specifi,:~,tlY! requeste~t ~to dO'-so at
~he~-{ime 6fthe re~ fi~t = '~ ~ '~e' ¢ 4s r,-~ t i~ Stud Pb~[ ~,~ r~
,witbfn an ,gverage Of} ~enty-four '(2 ~) hou~ s dunhg Nd~al Business
re~uested;~;
wor~aroun, d has been ¢,r6~vided o¢'~;~O~Ob~em Ha~,~h, ~eso~ed
625 The CiW
(8oo)
TeleStaff Enhancements
The TeleStaff version number consists of three numbers that define the type of product release The format of the
TeleStaff version number ~s
Version X.YZ where
· Changes ~n X represent a significant change in product functionahty (Major Release)
· Changes in Y represent an enhancement to the product that ~ncreases functionality within the exisbng
Major Release and is typical of an evolwng product (Enhancement Release)
· Changes in Z represents a m~nor change to the program to accommodate a software error or cosmebc
change (Update Release)
Under the TeleStaff Service and Support plan, CUSTOMERs will receive Update Releases and Enhancement
Releases as they become available at no additional charge Major Releases wdl be available for an additional fee
[lTV JIF DELHI:IV BER£H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
AII.Amedca City
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect L~ne: 561/243-7091
May 8, 2001
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Agreement with PENCIL, Inc.
PENCIL, Inc. is a non-profit organization that encourages private sector and civic
involvement to support the public schools by inviting individuals to be principals for a
day. The Delray Beach Education Board would like to implement this program and use
the name of the organization for their annual event, which they anticipate to host in the
late fall.
This Agreement is for a period of 2 years and provides that PENCIL is the owner of the
trademark and it must first approve any use of any material distributed regarding the
program.
Please place this item on the May 15, 2001 City Commission agenda for approval.
Please call if you have any questions.
Attachment
CC:
Barbara Garito, Acting City Clerk
Janet Meeks, Education Coordinator
Trademark License Agreement
Agreement made as of the __ day of ,2001, by and between PENCIL
Inc., a not-for-profit corporation organized under the laws of the State of New York, with
an office at 30 West 26th Street, New York, NY 10010 ("PENCIL") and the City of Delray
Beach, a municipal corporation, with a mailing address of 100 NW First Avenue, Delray
Beach, FL 33444 (the "Licensee").
1. Rights Granted. Subject to the terms and conditions set forth herein, PENCIL
hereby grants to the Licensee a non-exclusive license to use and reproduce PENCIL's
registered trademark "PRINCIPAL FOR A DAY" (the "Mark") in the City of Delray
Beach, Florida (the "Territory") in connection with the marketing and promotion of a day
dedicated to encouraging private sector and civic involvement to support the public
schools by inviting individuals to be principals for a day (the "Event").
2. Term. Subject to paragraph 12 below, the term of the license granted pursuant to
this Agreement shall be for a period commencing as of the date hereof and expiring on
the second anniversary of the day of this Agreement (the "Term"). The parties may,
upon mutual written agreement, extend the Term.
3. Ownership and Use.
(a) The Licensee hereby acknowledges that PENCIL is and will be the sole owner of the
Mark, including without limitation all designs incorporating the Mark, whether such
designs are developed by PENCIL, the Licensee or third parties, and of the goodwill
and reputation symbolized thereby ("PENCIL Rights"), and that nothing contained
herein shall constitute an assignment of the PENCIL Rights or a grant to the Licensee of
any right, title or interest in the Mark of the PENCIL Rights, except the right to use the
Mark as set forth herein. The Licensee agrees that it will not contest the PENCIL Rights
nor take any action in derogation of the PENCIL Rights nor challenge the validity of this
Agreement and that all goodwill and improved reputation generated by the L~censee's
use of the Mark shall inure to the benefit of PENCIL.
(b) At PENCIL's request from time to time, the Licensee, at its expense, shall execute
and deliver all documents, and take all action reasonably required by PENCIL to confirm
PENCIL's rights in and to the Mark and the respective rights of PENCIL and the
Licensee pursuant to this Agreement. The Licensee understands and agrees that it has
no right to file, and shall not file, any applications for registration of the Mark, any
designs in connection therewith, or any name, mark, symbol or device which is deemed
by PENCIL, in its sole judgement, to be confusingly similar thereto. Any design
incorporating the Mark or used in combination with the Mark in such a way as to be
indistinguishable therefrom shall inure to the Mark and to PENCIL's ownership thereof.
PENCIL shall have the right to file for trademark protection of any such designs in its
own name.
4. Approvals by PENCIL.
(a) The Licensee acknowledges that PENCIL has valuable property rights in the Mark
and, in order to protect such rights, PENCIL must control the quality and nature of the
events and services offered or performed pursuant to this License Agreement. It is the
essence of this Agreement that the Mark be used only in connection with first class
quality events or programs. Accordingly, Licensee acknowledges that the license
granted hereunder is granted in reliance on the Licensee's representations (i) that its
use of the Mark in connection with the Event (and any other programs, events or
services offered by Licensee in connection with the Mark that PENCIL may approve in
writing from time to time (hereby also deemed to be included in the "Event")) and all
promotional material used in connection therewith (the "Promotional Materials") will be
of such high quality, style and appearance as shall protect and enhance PENCIL's
property rights in the Mark, and (ii) that none of the materials used in connection with
the Event (including without limitabon the Promotional Materials) will contain any
material regarding PENCIL which in PENCIL's sole judgement is pejorative, defamatory
or scandalous or fails to enhance the name and reputation of PENCIL.
(b) All goods and services and Promotional Materials offered or performed in
connection with the Mark shall be subject to PENCIL's prior written approval. To this
end, two samples of any materials bearing the Mark shall be submitted to PENCIL, free
of cost to PENCIL, for written approval prior to distribution or other use by Licensee.
PENCIL shall have 14 days in which to approve or reject such material, failure to
respond within said period being deemed approval. After such materials have been
approved by PENCIL, the Licensee shall not modify or alter the same in any respect
without PENCIL's prior written consent.
(c) If at any time PENCIL notifies Licensee that, in PENCIL's sole discretion, the Event
or Promotional Materials fail to be of at least the same quality as those materials
approved by PENCIL, the Licensee shall immediately cease the offering, performance,
distribution and promotion of such non-conforming programs, events, services or
Promotional Materials. Prior to recommencing the offering, performance, distribution
and promotion of materials using the Mark, the Licensee shall seek the PENCIL's prior
written approval in accordance with paragraph 4(b).
(d) If at any time PENCIL becomes aware of any actions or omissions by Licensee
which endangers PENCIL's ownership of the Mark, including without limit, a failure to
satisfy quality standards specified by PENCIL, PENCIL shall so notify Licensee and if
Licensee fails to cure such act or omission within 14 days, PENCIL shall thereafter have
the right to terminate this Agreement immediately.
5. Trademark Notices. All uses of the Mark shall include the trademark notice "®". In
addition, where reasonably appropriate, Licensee shall cause the legend: "Principal For
A Day" is a trademark of PENCIL, Inc." (or such other legend as requested by PENCIL
from time to time) to appear in connection with or on the Promotional Materials
6. No Royalties; Accounting.
(a) Provided that Licensee is not deriving income or receiving other consideration with
respect to its use of the Mark, no royalties shall be due PENCIL for the use of the Mark
by Licensee pursuant to the terms of this Agreement. The Licensee shall, however,
retain records adequate to substantiate the manner in which it used the Mark on or in
connection with the Event and Promotional Materials. Upon reasonable advance notice
to the Licensee, PENCIL, directly or through its representatives shall be entitled to
inspect and copy from time to time the Licensee's books and records relating to the
Mark and the Event and Promotional Materials, provided that such inspection shall
occur no more than once a year.
(b) Licensee shall have no merchandising rights with respect to the Mark. If Licensee
shall desire to sublicense the Mark or to produce goods for sale bearing the Mark, or
otherwise receive consideration from its use of the Mark, it shall not do so without first
obtaining PENCIL's approval in wnting. Such approval will be conditioned upon the
parties negotiating a license fee payable to PENCIL for such use of the Mark.
7. Sublicenses and Assignments. The parties agree that the license granted
hereunder is personal to Licensee and the Licensee may not sublicense, transfer or
assign any rights herein granted without the prior written approval of PENCIL.
Manufacture of promotional material by third parties at Licensee's request shall not be
deemed a sublicense or assignment.
8. Infringements. In the event that the Licensee becomes aware of any unauthorized
use or infringement of the Mark by a third party, Licensee shall promptly notify PENCIL
of such use. PENCIL may take any action that it deems necessary to protect its rights
and Licensee shall assist PENCIL to the extent reasonably necessary in order to protect
PENCIL's rights in and to the Mark. Any litigation regarding PENCIL's rights in and to
the Mark shall be at PENCIL's sole cost and expense and PENCIL shall be entitled
solely to all recovery thereunder.
9. Compliance with Law. The Licensee, at its expense, shall comply with all statutes,
regulations and ordinances applicable to the subject matter hereof.
10. Notices. All notices, approvals, or documents which either party hereto is required
to deliver to the other party shall be in writing and shall be personally delivered or faxed
(with telephonic confirmation of receipt) or mailed by Express Mail or comparable
overnight courier, to such party at the address set forth in the first paragraph of this
Agreement (or such other address as one party shall give notice to the other).
11. Termination.
(a) PENCIL shall have the right, but not the obligation, immediately to terminate all of
the rights granted to the Licensee hereunder if the Licensee is in material breach of any
of its obligations or representations hereunder, if a petition in bankruptcy is filed by or
against the Licensee or if the Licensee shall cease to hold the Event. PENCIL's failure
to resort to any remedy for any breach hereunder shall not be deemed a waiver of any
subsequent breach of this Agreement.
(b) Upon expiration or termination of this Agreement, the Licensee shall immediately
cease all use of the Mark.
12. Reservation of Rights. All rights with respect to the Mark not expressly granted
herein, including, without limitation, merchandising rights and all rights to use the
PENCIL Rights in connection with other Events and programs are hereby expressly
reserved to PENCIL, its successors and assigns.
13. Miscellaneous.
(a) This Agreement may not be changed, modified, amended or supplemented, except
in a writing signed by the parties.
(b) Each of the parties acknowledges and agrees that the other has not made any
representations, warranties or agreements of any kind, except as may be expressly set
forth herein.
(c) This agreement constitutes and contains the entire agreement between the parties
with respect to the subject matter hereof and supersedes all prior agreements relating
thereto, oral and in writing.
(d) This Agreement does not constitute a partnership, joint venture, agency,
employee/employer, or any other similar relationship between the parties hereto.
(e) The paragraph headings used in this Agreement are for convenience only and shall
have no legal effect whatsoever.
(f) Any breach of this Agreement by the Licensee shall entitle PENCIL to injunctive relief
or specific performance. The Licensee's sole remedy for any breach by PENCIL shall
be an action at law for damages.
(g) This agreement shall be governed by the Laws of the State of Florida and venue
shall be in Palm Beach County.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
WITNESSES:
PENCIL, Inc.
By:
Ruth Cohen, President
(print or type name)
(print or type name)
ATTEST:
By:
City Clerk
Approved as to form:
By:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
TO:
THRU:
FROM:
SUBJECT:
CITY ~:OMiM!$Si~N"DOCUMENTATION
DAVID T. HARDEN, CITY MANAGERL-~ ~ ~'-~'-~ ~.
o.u. ,
MEETING OF ~AY ~00~ *CONSENT AGENDA*
ABANDONMENT OF A~ORTION OF THE BRONSON AVENUE RIGHT-OF-WAY (ROW),
LYING APPROXIMATELY 100 FEET SOUTH OF EAST ATLANTIC AVENUE.
The request involves abandoning a portion of Bronson Avenue, measuring 437.63 feet in length, and
varying in width from 20 to 25 feet, containing 9,919 square feet (0.23 acres). Bronson Avenue is currently
a dead-end street, with its northern terminus being East Atlantic Avenue, and its southern limit being a line
10 feet to the north of Lot 15, Plat of Wilson-Deibel Subdivision. The abandonment area represents the
south 437 feet of right-of-way, with approximately the north 100 feet remaining as a public roadway.
The First Presbyterian Church of Delray, which owns all property adjacent to the subject area, submitted the
abandonment request. In addition to the adjacent properties, the Church owns numerous parcels to the
north of the subject area, which function as a single campus. A main worship hall, a school building, two (2)
apartment buildings, three (3) paved parking lots, as well as other facilities are located on the campus.
The right-of-way is improved, and functions as a public roadway, which is substandard by current code
(LDRs require 60-feet of width for a local road). In addition, municipal water and sewer lines and facilities
for Florida Power & Light, Florida Public Utilities, and Adelphia Cable are currently located in the
abandonment area. In order to accommodate these facilities, a general utility easement will be retained
over the entire abandonment area.
At its meeting of January 24, 2000, the Planning and Zoning Board considered~t~e request at a public
hearing. Fran Marincola (Beachside Business Association) spoke in opposition, stating the abandonment
creates a dangerous traffic situation and that the City should not give property away. After reviewing the
staff report and discussion, the Board voted 6 to 1 (Hasner dissenting), to recommend approval, with the six
(6) conditions listed on page 5, of the attached Planning & Zoning Board staff report. All conditions have
been satisfactorily addressed.
It should be noted the abandonment area is slightly larger than originally presented before the Planning &
Zoning Board, as an additional 5-foot strip of right-of-way (adjacent to Lots 8-13, & 15, Block 2, Plat of
Ocean Park), was subsequently identified. It was also determined that the south 10-feet of the original
abandonment area, which was previously in question, had not been publicly dedicated as right-of-way. As
municipal water and sewer lines are currently located in this area, the owner/applicant has agreed to grant a
utility easement over the area.
'~' RECOMMENDED ACTION,, ~ ~! "~' '''~ ~
By motion, approve the abandonment of right-of-way and accept a replacement easement to cover the
existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5).
Attachment:
· Abandonment Resolution
· P & Z Staff Report of January 24, 2000.
S:~ P&Z~boards~citycommission~Bronson-AbanCCDoc. doc
ATLANTIC AVENUE
AC(:ESS EASEMEI'IT :
LOT 7
~ LOT 24 llIII~
: LOT 8 I
/
< ! LOT 20 LOT 11
~ LOT
REViISED
ABANDONMENT~ AREA ~
UTILITY EASEMENT~
N
CITY OF DELRAY BEACH. FL
PLANNING & ZONING DEPARTMENT
- ABANDONMENT-
PORTION OF BRONSON AVENUE
-- DIG'II'AL 8,45£ 1~II4P SYSE'III -- MAP REF LM520
.... ~C EAST ATLANTIC AVENUE
LOT 79 ~
LOT 20 ~
(PLAT BOOK 7, PG 25) ~
LOT 79
LCT 20
'PLAT BOOK ~ PO
LOT 14
THE WILLIAMSON-DE]BEL SUBDIVISION
(PLA T BOOK 18, PAGE
RESOLUTION NO. 40-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF BRONSON AVENUE RIGHT-OF-WAY (ROW)
LOCATED APPROXIMATELY 100 FEET SOUTH OF EAST
ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of Bronson Avenue Right-of-
Way (ROW) to be incorporated with adjacent First Presbyterian Church
owned properties, located approximately 100 feet south of East
Atlantic Avenue; and
WHEREAS, said application for abandonment of a general
public right-of-way was processed pursuant to Section 2.4.6{0) (1),
"Abandonment of Rights-Of-Way", of the Land Development Regulations
of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(0) (5), prior to any
right-of-way abandonment being approved, the following findings must
be made: that there is not, nor will there be a need for the use of
the right-of-way for any public purpose; that the abandonment does
not, nor will not, prevent access to a lot of record; and that the
abandonment will not result in determent to the provision of access
and/or utility services to adjacent properties or the general area;
and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, pursuant to LDR Section 2.4.6(P) (5), finds that the
abandonment will not result in detriment for the provision of
utility services to adjacent properties or the general area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and
Chapter 166 of the Florida Statutes, it is hereby determined to
vacate and abandon all right and interest it holds to the following
real property, more particularly described as follows:
That part of Bronson Avenue right-of-way lying
west of and adjacent to the south half of Lot 7,
Block 2, Ocean Park, as recorded in Plat Book 5,
Page 15, of the Public Records of Palm Beach
County, Florida, together with the portion of
Bronson Avenue lying west of and adjacent to Lots
8 through 15, inclusive, Block 2, of said plat of
Ocean Park, as recorded in Plat Book 5, Page 15,
of the Public Records of Palm Beach County,
Florida, together with the 20 foot road right-of-
way dedicated by Deed Book 554, Pages 221, 222 and
223, of the Public Records of Palm Beach County,
Florida, and together with the west 5 feet of Lots
8 through 13, inclusive, Block 2, and the west 5.0
feet of Lot 15, Block 2, Ocean Park, as recorded
in Plat Book 5, Page of the Public Records of Palm
Beach County, Florida.
Said lands lying in the City of Delray Beach, Palm
Beach County, Florida.
PASSED AND ADOPTED in regular session on this the 15th day
of May, 2001.
ATTEST:
MAYOR
Acting City Clerk
- 2 - Res. No. 40-01
Prepared by: RETURN:
R, Brian Shun, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida
EASEMENT DEED
THIS INDEI~WURE ~t~ this I day of f Iqtg , 2o01, by and between
party of [l/e first part, and the CITY OF DELRAY BEACH, with a mailing address of 100
N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
County, State of Florida, party of the second part:
WlTNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of public
utilities with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or within the
following described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the
second party, its successors and assigns, of ingress and egress over and on that portion of land
described above, to effect the purposes of the easemem, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the
first part also agrees to erect no building or effect any other kind of construction or
improvements upon the above-described property.
It is understood that upon completion of such construction, ali lands disturbed thereby
as a result of such construction performed thereon, will be restored to its original or like
condition without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that
it has good right and lawful authority to grant the above-described easement and that the same
is unencumbered except as provided above. Where the context of this Easement Deed allows
or permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS # 1' PARTY OF THE FIRST PART
(name printed or typed)
WITNESS #2: . /
(name printed or ~ped)
STATE OF
COUNTY or ~alm
The foregoing instrument was acknowledged before me this .l day of
~lr~ ,2001 by /~t31~l-' Ce /~0 ~ (name of officer or agent), of
~%~:~£~_ji~r~ ~'~u r~ (name of corporation), a ~:lo/~.llt~ (State or_,place of
incorporation) cfirporation, on behalf of the corporation. He/She ~._perso_nally known I.O~"~ or
has produced (type of identification) as identification and did/did
not take an oath.
(SEAL)
Signature of ~ Public -
State of ~
SKETCH OF DESCRIPTION
LOT 20
(PLAT BOOK
PAGE 25)
['5' UTILITY
EASEMENT.~
RDBRONSON A VENUE
T OF WA Y PER
BOOK 554,
PAGE 221-22,3
N9OoOO'OO"E.
20.0'
20.0'
N.90°OO'OO"E.
LOT 20
(PLAT BOOK 1,
PAGE25)
N.I/'2 LOT 20
NO TES:
THIS IS NOT A SURVEY
THE SOUTH LINE OF IV. 1/2
OF LOT 20 IS ASSUMED TO
BEAR Ngo°o0'o0'~.
LOT 15
TIE WLLIASON-DEBEL SUBDIVISDN
(PLA T BOOK 18, PAGE 55,)
DES CRP TION'
THAT PORTION OF TIE SOUTH 10 FEET OF TIE
NORTH HALF (IV. Il2,) OF OCEAN LOT 20 AS
RECORDED IN PLA T BOOK ~ PAGE 25, PUBLIC
PRECOROS OF PALM BEACH COUNTY, FL OR DA,
LYING SOUTH OF AND ADJACENT TO THAT PORTION
OF THE 20 FOOT ROAD RIGHT OF WA Y FOR
BRONSON A VENUE DEDICA TED BY DEED BOOK
554, PAGES 221, 222 AND 22.3, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
ORDER NO. 95-225"EA"
EXHIBIT "A "
SHEET 1 ,OF ~
PAUL O. ENGL~-~ Y
SURVEYOR AND 'MAPPER #5708
DA TE: APRIL I9, 2001
O'BREN, SUITER ~ O'BRIEN, INC
CERTIFICATE OF AUTHORIZA DON t~LB355
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWAY
OELRAY BEACH FLORIDA 35483
(56~) 2z~-4501 (5~0 zJ2-~2~9
Prepared by: RETURN:
R. Brian Shun, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
ACCESS EASEMENT AGREEMENT
-R, THIS AGREEMENT, made this ] day of ~lq'q , 200_[, by and between
~ ~('£..%[:~-~'Jt¥~ ~ttgt'e~ tnc'2~glt'O~ /~:~ , with a mailing
address of ~.~, ~J~..S,m'3 ~~" ~[Ft2~ /e~'OXJq ~ ,
~..
("OWNER") , and the CITY OF DELRAY BEACH, with a marling address of 100 N.W.
1st Avenue, Delray Beach, Florida 37.~.~., a municipal corporation in Palm Beach County,
State of Florida, ("CITY"):
NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. OWNER hereby grants to CITY a non-exclusive easement for ingress and
egress to enter upon, across, over and under the property described in Exhibit "A", attached
hereto, ("the Property") for the purpose of pedestrian and vehicular access.
2. The parties agree that this Access Easement Agreement shall be recorded in the
Public Records of Palm Beach County, Florida. The access easement granted herein shall not
· be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or
sale of the property described in Exhibit "B". At such time as the access easement granted
herein is no longer required by the City, the easement may be released of record by a written
document executed by an authorized signatory of the city of Delray Beach, Florida.
3. The parties hereby a~ee that the OWNER shall be responsible for the
maintenance, replacement and repair of the property encompassed with the grant of the
easement contained herein.
4. For the payment of additional consideration of Ten Dollars ($10.00), receipt of
which is hereby acknowledged, OWNER shall, and hereby agree to indemnify and hold the
CITY harmless from and against any and all judgments, damages, claims, demands, losses,
liabilities and other costs and expenses, including reasonable attorney's fees incurred in the
defense thereof, that may be incurred by reason of any loss, damage or injury to any person or
property resulting directly or indirectly by reason of the use of the Property.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
ATTEST: OWNER
Print Name: ~,~r 12.
STATE OF FLORIDA
CO~T~ OF VAt. M BEACH
'n-,e foregoing insU'ument was acknowledged before me ~s I day oL Hr)/
2001 by l~-O~ ~ /k~E>S_% who is(~ersonally 'known to me~ or who
produced as identification.
Si~amr~ ~
of Florida
has
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
City Clerk
Approved as to Form:
~ity Attorney
By:
David Schmidt, Mayor
2
SKETCH OF DESCRIPTION
EAST ATLANTIC A VENUE
NORTH LINE OF LOT 7
90.0'
25.0'
20.0'
20.0'
25.0' ~'
LINE OF S. 1/2 LOT 7
59.4'
S. LINE OF LOT 7
N. LINE OF LOT 8
64.40'
59.4'
S. LINE OF LOT 8
90.0'
NO TES:
THIS IS NOT A SURVEY
~ = OENTERLINE
EXHIBIT A
~E'ET I OF1
DESCRIPTION:
THE SOUTH 11.67 FEET OF THE WEST 64.40 FEET OF
LOT 7 AND THE NORTH 12.$3 FEET OF THE WEST
,64.40 FEET OF LOT 8; THE WEST 5 FEET OF THE
SOUTH HALF OF LOT 7 AND THE WEST 5 FEET OF
THE NORTH 28.,.T$ FEET OF LOT B, ALL IN BLOCK 2,
OCEAN PARK, ACCORDING TO THE PLA T THEREOF, AS
RECORDED iN PLA T BOOK 5, PAGE 15 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER
W/TH THAT PORTION OF B~N~ON AVENUE LYING WEST
OF AND ADJACENT TO THE SOUTH HALF OF LOT 7,
BLOCK 2 AND THAT PORTION OF 8RONSON AVENUE
LYING WEST OF AND ADJACENT TO THE NORTH 28.5,5
FEET OF LOT 8, BLOCK 2, OF SAID PLAT OF OCEAN
PARK.
PAO'L-D. ENGL'E V '
SURVEYOR ~ MAPPER ~5708
DA TE: JUNE 22, 2000
JO~EN. S~TER ~ O~REN, ~VC
CERT~ClCA TE OF AUTHORIZATION ~LBJSJ
~VEY~ A~ ~PP~ ~ RE~E
CHARGE: PAUL D. ENGLE
2601 N~ ~ERAL H~WAY
~LRAY ~A~ FLORA ~4~
(561) 276-450~ (561) 732-3279
ORDER NO. 95-225
Dlcio~son Mm~hy Rex & 81o~n
980 North Federal ~ay, Suite 410
Boc~ Raton, l~orlda 33432
DECLARATION OF uNrI'Y OF TITLE
KNOW ALL MEN BY THESE PRESENTS, that pursuant to
the ordinances of the City of Delray Beach pertaining to the issuance of
building permits and regulating building construction activities, the
undersigned, being the fee owner of the following described real property
situated in the City of Delray Beach, County of Palm Beach, State of
Floflda, to-wit:
See Exhibit "A' attached hereto and made a part hereof
does hereby make the following declarations of condition, limitation and
restriction on said lands, hereinafter to be known and referred to as a
Declaration of Unity of Title, as to the following particulars:
1. That the aforesaid plot of combination of separate lots, plots,
parcels, acreage or portions thereof, shall hereinafter be regarded and is
hereby declared to be unified under one title as an indivisible building
site.
2. That the said property shall henceforth be considered as one
plat or parcel of land, and that no portion thereof shall be sold, assigned,
transferred, conveyed or devised separately except in its entirety as one
plot or parcel of land.
The undersigned further agrees that this Declaration of Unity of
Title shall constitute a covenant to run with the land, as provided by law,
and shall be binding upon the undersigned, their successors and
assigns, and all parties claiming under until such time as the same may
be released in writing under the order of the Chief Building Official of the
City of Delray Beach as provided in Section 7.1.2 of the Land
Development Regulations of the code of Ordinances of the City of Delray
Beach, Florida. If the release is not given by the Chief Building Official,
an appeal from such determination may be taken to the Board of
Adjustment. The undersigned also agrees that this instrument shall be
placed of record in the office of the Clerk of the Circuit Court of Palm
Beach County, Florida.
Signed, sealed, witnessed and acknowledged this c~ ~'~ay of
200 ! at Delray Beach, Palm Beach County, Florida.
Witness: FIRST PRESBYTERIAN CHURCH OF
DELRAY BEACH
~ ~.tnt~ ~'/~ ~ c. A.P. Bar~olomew, Jr. (/
Niuue pr~nte~ or ~
STATE OF FLORIDA
COUNTY OF PALM BEACH
T~e~g_o'.mg ir~ment was acknowledged before me this ~_d~day of
· ~TJ~~, 2001 by A. P. Bartholomew, Jr. who is the
Tre'asu~ the First Presbyterian Church of Delray Beach, a Florida
corporation, on behalf of the corporation. He is personally kngwn to me
or has produced .as identi~fion and did/did not
take an oath.
My Commission Expires:
SiEned, sealed, ~tnessed and acknowledged this ~day of ~/
2001 at Delray 13cinch, l~_.)m Beach County, Florida~
Nme prlnte~ or typed
CITY OF DELRAY BEACH
Chief Building
Official
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of
,,,/}'M/,/ ., 2001 by g4e-~6E ~/~2- Chief
BUilding Official of the City of Delray Beach. He is personally known to
me or has produced ~ as identification and did/did
not take an oath.
My Commission ~.pires: ~'~ ~' ~
Public
'////'~l_ lC, Sl I~ ~. X~'~~
EXHIBIT "A"
[Unity of Title Legal Description]
AS TO BLOCK o. of OCEAN PARK
Lots Eight (8), Nine (9) less the East 10 feet, and Lots Ten (10),
Eleven (11), Twelve (12) and Thirteen (13), in Block Two (2),
OCEAN PARK, Delray, according to a plat of the subdivision of
said OCEAN PARK on file in the Office of the Clerk of the
Circuit Court, in and for Palm Beach County, Florida, in Plat
Book 5, Page 15 (Re: Warranty Deed recorded in Deed Book 454, Page
200, Deed Book 505, Page 446 and Deed Book 905, Page 97 of the Public
Records of Palm Beach County, Flor/da);
AND
At a point along the East right-of-way line of Bronson Avenue where the
same intersects the South boundary line of Lot 7, Block 2, Ocean Park, a
Subdivision of the City of Delray Beach, Florida, formerly Linton, for a
point of beginning, go East along the South boundary line of said Lot 7,
a distance of 80 feet; thence go North parallel to and 10 feet West of the
East boundary line of said Lot 7, a distance of 16.6 feet; thence go West
parallel to the North boundary line of said Lot 7 and 16.6 feet South
thereof, a distance of 80 feet; thence go South along the East boundary
line of Bronson Avenue, a distance of 16.6 feet, to the point of beginning,
the same being the South one-half [½] of Lot 7, Block 2, Ocean Park,
according to the Plat thereof on file in the office of the Clerk of the Circuit
Court, in and for Palm Beach County, Florida, as recorded in Plat Book
5 at Page 15, except the East 10 feet thereof [Re: Warranty Deed recorded in
Deed Book 905 Page 100 of the Public Records of Palm Beach County, Florida]; AND
Lot Fourteen [14], Block Two [2~ of Ocean Park, Delray, according to the
Plat thereof on file in the office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, in Plat Book 5, page 15, [Re: Warranty Deed
recorded in Deed Book 1029 Page 78 of the Public Records of Palm Beach County, Florida;
AND
Page'/of 4 - Exhibit "A" - Unity of Title
Lot Fifteen (15) of Block Two (2) OCEAN PARK, a subdivision
in Delray Beach, Florida, according to the plat thereof, as
recorded in the Public Records of Palm Beach County, Florida
in Plat Book 5, at Page 15, (lee: Warranty Deed recorded in Deed Book
1055, Page 43 of the Public Records of p~lrn Beach County, Florida); AND
AS TO BLOCK 3 of OCEAN PARK
Se
Lot 9 in Block 3 of OCEAN PARK, according to the Plat thereof, as
recorded in Plat Book 5 Page 15 of, the Public Records of Palm Beach
County, Florida [Re: Warranty Deed recorded in Official Records Book 8493 Page 1709
of the Public Records of Palm Beach County, Florida]; AND
All of Lots Ten [10], Eleven [11], Twelve [12], Thirteen [13] and West
Sixty [W. 60'] feet of Lots Fourteen [ 14] and Fifteen [ 15] and the North
Twelve [12'] feet of Lot Twenty-one [21] all in Block Three [3] of
OCEAN PARK SUBDIVISION, located in the Town of Delray Beach,
Florida, according to the plat thereof on file in Plat Book 5 Page 15 of the
Public Records of Palm Beach County, Florida [Re: Warranty Deed recorded
in Deed Book 1036 Page 135 of the Public Records of Palm Beach County, Florida]; AND
All of Lots 16, 17, 18, 19, 20 and the South 21.3 feet of Lot 21, and the
East 30 feet of Lots 14 and 15, all of said land being in Block 3 of
OCEAN PARK subdivision the same being a re-subdivision of Beach
Lots 17, 18 and the North half of Beach Lot 19, of the subdivision of the
East Half of Section 16, Township 46 South, Range 43 East, and the said
re-subdivision being recorded in Plat Book 5 at Page 15 of'Public Records
of Palm Beach County, Florida [Re: Warranty Deed recorded in Deed Book 449
Page 369 of the Pubhc Records of Palm Beach County, Florida]; AND
o
Lot 22 and the South one-half of Lot 23, Block 3, OCEAN PARK, a
subdivision of Delray Beach, Florida, according to plat thereof., recorded
in the Public Records of Palm Beach County, Florida, in Plat Book 5 page
]5 [Re: Warranty Deed recorded in Official Records Book 6106 Page 858 of the Public
Records of Palm Beach County, Florida]; AND
Page-2 of 4 - Exhibit "A" - Unity of Title
The North ½ of Lot 23, all of Lot 24, and the South 12 inches of Lots 1
and 2, and the South 12 inches of the East 25 feet of Lot 3, in Block 3,
OCEAN PARK DELRAY, a subdivision in the City of Delray Beach,
Florida, according to the Plat thereof on file in the office of the Clerk of
the Circuit Court in and for Palm Beach County, Florida, in Plat Book 5,
Page 15 [Re: Warranty Deed recorded in Official Records Book 9122 Page 257 of the
Public Records of Palm Beach County, Florida]; AND
AS TO OCEAN BEACH
10.
All that portion of the South Half of Ocean Beach Lot 19 and the North
Half of Ocean Beach Lot 20, lying between the center line of Brondson
Avenue and a line parallel to and 145 feet West of said center line of
Brondson Avenue, less right-of-way of Brondson Avenue, Subdivision of
East Half of Section 16, Township 46 South, Range 43 East, according to
Plat Book 1, Page 25 [Said Brondson Avenue being also known as
Bronson Avenue] [Re: Warranty Deed recorded in Deed Book 1944 Page 727 oft_he
Public Records of Palm Beach County, Florida]; AND
11.
The North Half [N ½] of the following described parcel of land: That
portion of the South one-half[S ½] of Ocean Beach Lot 19 and the North
One-Half [N ½] of Ocean Beach Lot 20, in the City of Delray Beach,
lying between a line 100 feet east of and parallel to the center line of the
right-of-way of Brondson Avenue on the east and the center line of the
right-of-way of Brondson Avenue on the west; according to the Plat
thereof, recorded in Plat Book 1, Page 25 of the Public Records of Palm
Beach County, Florida [Re: Warranty Deed recorded in Official Records Book 9942
Page 393 of the Public Records of Palm Beach County, Florida]; AND
Page-3 of 4 - Exhibit "A" - Unity of Title
12.
The South-Half of: That portion of the South-Half of Ocean Beach Lot
19 and the North-Half of Ocean Beach Lot 20, in Delray Beach, lying
between a line 100 feet East of and parallel to the center line of the right-
of-way of Brondson Avenue on the East, and the center line of the right-
of-way of Brondson Avenue on the West subject to the right of way of the
City of Delray Beach, Florida, in Brondson Avenue, as recorded in Plat
Book 1, Page 25 of the Public Records of Palm Beach County, Florida
[Re: Warranty Deed recorded in Official Records Book 10117 Page 594 of the Public
Records of Palm Beach County, Florida]; AND
AS TO BRONSON STREET
13.
All of Bronson Street being abandoned by the City of Delray Beach
described as follows, pursuant to that certain Survey prepared by O'Brien,
Suiter & O'Brien, Inc., dated November 19, 1999, Order No.: 95-225db:
That part of Bronson Avenue Right-of-Way lying West of and adjacent
to the South-Half of Lot 7 Block 2, OCEAN PARK, as recorded in Plat
Book 5, Page 15, of the Public Records of Palm Beach County, Florida,
together with that portion of Bronson Avenue lying West of and adjacent
to Lots 8 through 15, inclusive, Block 2, of said Plat of OCEAN PARK,
as recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach
County, Florida, together with the 20 foot Road Right-of-Way dedicated
by Deed Book 554, Pages 221,222 and 223, of the Public Records of
Palm Beach County, Florida, and together with that portion of the South
10 feet of the North-Half of Ocean Beach Lot 20, as recorded in Plat Book
1, Page 25 of the Public Records of Palm Beach County, Florida, lying
South of and adjacent to that portion of the 20 foot Road Right-of-Way
dedicated by said Deed Book 554, Pages 221,222 and 223, of the Public
Records of Palm Beach County, Florida.
N:~CL\I STPRESY~Bronson St. Abandomnent~Exh~it A - Unity of Title.wlxi
Page 4 of 4 - Exhibit "A" - Unity of Title
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
January 24, 2000 (Continued from December 13, 1999 meeting)
IV.B.
Abandonment of a Portion of Bronson Avenue, Lying Approximately
150 Feet South of East Atlantic Avenue.
ATLANTIC VETERANS
PLAZA PARK
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GENERAL DATA:
Owner ............................. General Public
Applicant ....................... First Presbyterian Church of Delray Beach
Agent .............................. Robert H. Rex, Esq.
Location .......................... Portion of Bronson Avenue, approximately 150 feet south of East
Atlantic Avenue
Property Size .................. 0.21 Acre
Future Land Use Map ..... Medium Density (5-12 units/acre)
Current Zoning ...............RM (Multiple Family Residential-Medium Density)
Adjacent Zoning .... North: CBD (Central Business District)
East: RM
South: R-I-A (Single Family Residential)
West: RM
Existing Land Use .......... Improved right-of-way
Proposed Land Use ........ Abandonment of a portion of Bronson Avenue to be incorporated
with adjacent Church owned properties.
Water Service ................. N/A
Sewer Service ................N/A
IV.B.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a portion of the Bronson Avenue
right-of-way (ROW), lying approximately 100 feet south of East Atlantic Avenue.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
BACKGROUND ]
The subject portion of Bronson Avenue is located south of East Atlantic Avenue,
between Ocean Boulevard (State Road A1A) and the Intracoastal Waterway.
This portion of Bronson Avenue was dedicated with the recordation of the Plat of
Ocean Park (Plat Book 5, Page 15, of the Public Records of Palm Beach County,
Florida), in July of 1915, and a right-of-way deed dated April 16, 1919 (Deed
Book 554, Pages 221-223, of the Public Records of Palm Beach County,
Florida). The southern ten feet of the abandonment area was not part of the
above instruments, and its origin is currently being researched. At this time it can
not be verified that the southern ten feet was formally dedicated as public right-
of-way.
Currently the subject parcel is improved, and functions as a public road.
The proposed abandonment was originally scheduled for the Planning & Zoning
Board meeting of July 20, 1998. The applicant requested and received a
continuance at that time. The project became inactive until it was scheduled for
the Planning & Zoning Board Meeting of December 13, 1999. The applicant
requested and received a continuance to be heard at the present meeting.
ABANDONMENT DESCRIPTION ]
The portion of Bronson Avenue to be abandoned measures 20 feet in width and
447.63 feet in length, containing 8,953 square feet (0.21 acres). Bronson
Avenue is a dead end street, with its northern terminus being East Atlantic
Avenue, and its southern limit being the north lot line of Lot 15, Plat of Wilson-
Deibel Subdivision (Plat Book 18, Page 55). The abandonment area represents
the south 447 feet, with the north 100 feet remaining as a public roadway.
The First Presbyterian Church of Delray, which owns all property adjacent to the
subject area, submitted the abandonment request. In addition to the adjacent
properties, the Church owns numerous parcels to the north of the subject area,
which function as a single campus. A main worship hall, a school building, two
(2) apartment buildings, three (3) paved parking lots, as well as other facilities
are located on the campus. The Church plans to install a gate on the north end
of the subject area, in order to enhance security within the campus. Because of
its close proximity to the beach, the church has continually struggled with beach-
goers who mistake their private parking lots as public.
Planning and Zoning Board Staff Report
Bronson Avenue R-O-WAbandonment
Page 2
[ ABANDONMENT ANALYSIS ]
Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned
(retumed) to the adjacent property to the same degree in which it was originally
obtained, i.e. property dedicated exclusively from a single parcel shall be
retumed to that parcel; property dedicated through subdivision shall be divided at
the center line and retumed equally to abutting parcels.
Accordingly, the applicant is entitled to the entirety of the subject abandonment
area, as they are the fee simple owners of all adjacent parcels.
Utility Services
The Environmental Services Department (ESD) has identified water & sewer
facilities in the subject area. In addition, ESD has identified numerous road way
infrastructure improvements that were constructed by the City in 1994. The
Department has requested a replacement access and utility easement for the full
length and width of the abandonment area, and a sketch and description of said
easement. In addition, the applicant will be required to reimburse the City
$13,935.60 (as per the attached schedule), for the recent roadway
improvements. The granting of said easement, provision of sketch and
description, and reimbursements of stated monies, will be conditions of approval
for this abandonment.
Florida Power & Light (FPL) has identified existing power lines in the
abandonment area. FPL has requested 10' replacement easements over their
existing improvements, or relocation at the applicants' expense. Satisfactory
disposition of these utilities will be a condition of approval of this abandonment
Adelphia Cable has also reviewed the requested abandonment, and has
identified facilities in the subject abandonment area. Adelphia will require
replacement easements or relocation.
The Florida Public Utilities Company has identified a natural gas main running
through the abandonment area. The Florida Public Utilities Company will require
replacement easements or relocation.
The City's Fire Department has reviewed the request and has concerns with
access to interior buildings and the fire hydrant at the south end of Bronson
Avenue. The Fire Department has requested that any gate which may restrict
vehicular access be equipped with an approved "knox box" feature to allow
emergency access for fire suppression activities.
Planning and Zoning Board Staff Report
Bronson Avenue R-O-W Abandonment
Page 3
REQUIRED FINDINGS ]
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment
being approved, the following findings must be made:
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
Currently, water & sewer mains, Florida Public Utilities, Florida Power & Light,
and Adelphia Cable services are located within the subject alleyway. The
continuation of the identified utility services and future improvements can be
accommodated through the dedication of replacement easement for the entire
abandonment area.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
All parcels adjacent to the abandonment area are owned by the applicant.
The applicant will be required to join these parcels with a "unity of title"
instrument. This will avoid a situation whereby parcels can be sold off
separately without having proper access.
However, the proposed abandonment will result in the remaining portion of
Bronson Avenue becoming a dead-end. The applicant will be required to
provide an adequate turn-around area in the northern portion of the
abandonment area, directly adjacent to the remaining portion of Bronson
Avenue. This will be a condition of approval for this abandonment.
C) That the abandonment will not result in detriment to the provision of
access and/or utility services to adjacent properties or the general area.
All utility services currently located in the subject right-of-way will continue to
function as they do presently. The provision of a general utility easement for
the entire abandonment area will accommodate future maintenance and
improvements of any public utilities for all adjacent parcels.
REVIEW BY OTHERS
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency), and the DDA (Downtown
Development Authority). The CRA considered this abandonment at its December
9th meeting, and recommended approval.
The DDA considered this abandonment at its December 22nd meeting, and
recommended denial. Board members felt the proposed abandonment would
Planning and Zoning Board Staff Report
Bronson Avenue R-O-W Abandonment
Page 4
exacerbate parking problems in the area, and further did not see how this action
would benefit the City.
The development proposal is not within a geographical area requiring review by
the HPB (Historic Preservation Board).
Courtesy Notices:
Courtesy notices have been provided to the following:
Beach Property Owners Association
PROD - Progressive Residents of Delray
Friends of Venetian Drive
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection or support, if any, will be provided at
the Planning and Zoning Board meeting.
ASSESSMENT ]
As the applicant owns all adjacent parcels to the subject right-of-way, and as the
subject right-of-way is a dead end, its intended use is limited. At this time the
right-of-way serves only the applicant. The purpose of the abandonment is to
increase security on the church campus. In addition the City will receive financial
benefit by relieving itself of roadway maintenance responsibilities. Disposition of
the dedication of the southern ten feet of the abandonment area must be
resolved, and the provision of an adequate turn-around area must be addressed
before this abandonment can advance to the City Commission for final approval.
ALTERNATIVE ACTIONS ]
Continue with direction.
Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
Recommend to the City Commission denial of the abandonment based upon
a failure to make positive findings with respect to LDR Section 2.4.6(0)(5).
Planning and Zoning Board Staff Report
Bronson Avenue R-O-WAbandonment
Page 5
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of the abandonment of
the portion of the Bronson Avenue right-of-way (as described in the attached
survey), based upon positive findings with respect to LDR Section 2.4.6(0)(5),
subject to the following conditions:
Provision of a replacement access and utility easement for the full length and
width of the abandonment area, and supply a sketch and description of said
easement,
2. Reimbursement to the City the sum of $13,935.60 (as per the attached
schedule), for the recent roadway improvements of Bronson Avenue,
3. Provision of an adequate turn-around area in the northern portion of the
abandonment area, for the remaining portion of Bronson Avenue,
4. Approval by the Fire Department of any gate that restricts vehicular access to
the abandonment area,
5. Recordation of a "unity of title" instrument that joins all individual parcels that
are adjacent to the subject abandonment area,
6. Processing of an application for a site plan modification for the gate and turn-
around areas.
Attachments:
· Location Map
· Schedule of road way improvements
· Reduced Survey
File: S:\Planning&Zoning\Boards\P&Z~Bronson Ave Abandonment.doc
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PLANNING & ZONING DEPARTMENT
ABANDONMENT
(A PORTION OF E~RONSON AVENUE)
- AREA OWNED BY FIRST PRESBYTERIAN CHURCH
TO: Diane Dominguez, Director of Planning & Zoning f~,_~.--
FROM: Richard C. Hasko, P.E., Director of Environmental Services
SUBJECT: BRONSON AVE. ABANDONMENT
DATE: October 15, 1999
Attached is a calculated value of roadway improvements to Bronson Avenue constructed by the
City in 1994. As shown thereon, the current value of the stated improvements, adjusted for
depreciatio.n and inflation is $13,935.60.
As I stated at yesterday's DSMG meeting, I have no problem w/th the proposed abandonment
and replacement of right-of-way with utility easements. It is, however, my recommendation that
the City receive some accommodation in return which represents an equivalent value to that of
our 1994 investment.
Should you require add/tional advice in this regard, please contact me at ex~ 7336.
/rch
C:
David T. Harden, City Manager
Randal Krejcarelg P.E., City Engqneer
BRONSON AVENUE
ESTIMATED VALUE OF ROADWAY IMPROVEMENTS
Road Length-448 ft.
Road Width - 18 ~
Material Quantifies:
1 sA" Asphalt, limerock base, stabilized sub.adc
2' Valley Gutter
(448 x 18)/9 = 896 sy
448 If
Unit prices: *
1 3/4" Asphalt, limerock, stabiliv~ed subgrade
2' Valley Gutt~'
2.45 / sy
6.07/lg
Cost of Improvements (1994):
Roadway 896 sy ~ $12.45/sy
Gutter 448 lf~ $ 6.07/lf
1,155.20
2.719.36
Total $13,874.56
Value of Improvements (1999):
$13,874.56 x 1.116'*
$15.484.00
Life expectancy of improvements
50 years
S~'aiglat-Iine depreciation value (1999 $):
$15,484.00 / 50 = $1.548.40/vr
Current age is 5 years, so, current value = $15,484 - ($1,548.40 x 5) = $13,935.60
Averaged from bids received for PN 92006, Road Reconstruction, same construction period as Bronson Ave.
Based on CPI data bom U.S. Dept. of Labor, Bureau of Labor Statistics.
DESCRIPTION:
THAT PART OF BRONSON AVENUE RIGHT OF WA Y LYING WEST OF AND ADJACENT TO THE
SOUTH HALF OF LOT 7, BLOCK 2, OCEAN PARK, AS RECORDED IN PLA T BOOK 5, PAGE 15,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORT/ON
OF BRONSON AVENUE L rING WEST OF AND ADJACENT TO LOTS 8 THROUGH 15, INCLUSIVE,
BLOCK 2, OF SAID PLA T OF OCEAN PARK, AS RECORDED IN PLA T BOOK 5, PAGE 15, OF
THE PUBLIC RECORDS OF PALM 8EACH COUNTY, FLORIDA, TOGETHER WITH THE 20 FOOT
ROAD RIGHT OF WA Y D£'DICA TED BY DEED 800K 554, PAGES 221, 222 AND 22,~, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND TOGETHER WITH THE WEST 5
FEET OF LOTS 8 THROLIGH 1,3, INCLUSIVE, BLOCK 2, AND THE WEST 5.0 FEET OF LOT 15,
BLOCK 2, OCEAN PARK, AS RECORDED IN PLA T BOOK 5, PAGE 15 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 9,919 SQUARE FEET OR 0.2277 ACRES, MORE OR LESS.
[lTV OF OELRFI¥ BEI1[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Ehrect Line: 561/243-7091
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
May 9, 2001
City Commission
Susan A. Ruby, City Attomey
Lease Between City and First Presbyterian Church
The Lease contains the following material provisions.
The City will lease the Church lot containing 39 parking spaces.
The City will pay $1,140 per month, over a three year term, with an automatic two year
renewal, unless notice is given by either party that there will be no renewal. The rent
may be offset by the actual amount the City expended for alley improvements which is
currently estimated to be $11,932.00.
The City will maintain the lot.
The City or Church may terminate the Lease upon thirty (30) days written notice. The
Lease sets forth a reimbursement schedule in Paragraph 10, covering the City's costs of
improvements, if the Church terminates the Agreement.
The Church may use the lot on Sundays and certain Church holy days and other
Church events. The City may use the Church parking lot for parking and community
purposes.
By copy of this David Harden, City Manager, our office requests that the Lease Agreement
be added to the agenda after the abandonment resolution for Bronson Avenue.
We will provide the legal description to be included in Exhibit A when we receive it from
the Church.
City Commission
May 9, 2001
Page 2
Please call me if you have any questions.
cc: David Harden, City Manager
Barbara Garito, Acting City Clerk
Robert A. Barcinski, Assistant City Manager
Paul Dorling, Planning and Zoning Director
Bob Rex, Esq.
LEASE AGREEMENT
This Lease is made this __ day of ,2001, by and between
the FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH (hereinafter referred to
as, "Lessor" or "Church") and the CITY OF DELRAY BEACH, a Florida municipal
corporation, (hereinafter referred to as, "Lessee" or "City".
WITNESSETH:
1. Demise and Description. The Church leases to the City, property
legally described in Exhibit A, attached hereto and made a part hereof. The property
shall be referred to as the "parking lot", the "leased premises", or the "leased property"
in this Agreement.
2. Commencement; Term. The term of this Lease shall commence June 1,
2001 and shall terminate the last day in May, 2004, unless renewed or otherwise
terminated as provided for herein. This Lease will automatically renew for one
additional two-year term, unless either the Church or the City gives thirty (30) days
advance notice of its desire to not renew the Lease.
3. Payment of Rent. The City shall pay to the Church one thousand one
hundred and forty dollars ($1,140) per month. The City shall pay such amount at the
first of each month or may, at its option, pay once a year, in advance, commencing
upon the date of entering into this Lease and every year thereafter. The City may offset
the rent against monies the Church is obligated to pay the City for the actual cost of
roadway/alley improvements located within Bronson Street (an estimate thereof is
shown in Exhibit B), until such time as the total rent offset is equal to the total amount
the City expended to make improvements to Bronson Street. When the rent to be paid
by the City is totally offset, the City shall continue to make monthly payments on the
first of each month (or pay a year in advance at the City's sole discretion) until the
Lease is terminated as provided herein or the Lease expires, whichever comes first. If
the City has paid rent in advance and the Lease is terminated by either party, the
Church shall repay to the City a prorata amount of the rent the City paid in advance
representing months or parts of months, that the City did not use the property after the
termination date. If the City fails to pay rent on the date due, the Church shall give the
City notice of a failure to pay and the City shall pay within ten (10) days from the City's
receipt of such notice.
4. Liqhtin~. The City may install lighting. If the City installs lighting, the
City shall pay all costs incurred for the improvement including all operation costs and
charges.
5. Improvements/Alterations. The City shall not make any permanent
improvements or alterations to the parking lot, except as expressly provided for in this
paragraph or otherwise in this Lease, unless the City obtains the express written
consent of the Church, in advance, to additional improvements. The City shall install up
to 39 parking spaces reserving one space on the lot for the exclusive use of Dr. Bush at
a location to be mutually agreed upon by the parties. The City shall reconfigure the
parking, restripe the parking lot, rearrange car stops, add car stops and add curbing and
landscaping where needed. The City shall install gates for the driveway openings off
Gleason Street. The City may install parking meters if it determines to do so. The City
will delineate a crosswalk from the lot to the east side of Gleason Street with signage in
accordance with Florida Department of Transportation standards. The City or the
2
Church shall not install permanent dumpsters on the lot unless both parties agree.
However, the City may install temporary trash receptacles on the lot. If both parties
agree to the placement of a permanent dumpster by the Church, the City may
decrease its rental payments by $30.00 per month for each space made unusable by
the dumpster location. The gate that leads to Atlantic Plaza may remain as long as it
always remains open for pedestrian access. There will be no vehicular access through
the gate. The City shall install appropriate landscaping. The City shall bear the total
cost of these improvements except as otherwise provided herein. Neither the City nor
the Church shall permanently block the opening referred to in Exhibit C without the
express written consent of the other. The opening as shown in Exhibit C shall remain
open, but the installation of gates or other temporary barriers by the City is permitted.
6. Keep in Repair and Good Condition. The City shall maintain the
parking lot in good condition, including, but not limited to, the patching of asphalt where
needed. If the City fails to commence repairs after thirty (30) days written notice from
the Church and fails to complete the repairs within a reasonable amount of time, the
Church may, upon prior written notice, make such repair(s) and collect from the City
the value of said repairs including labor and materials. The City shall clean the parking
lot once per week and will pick up litter prior to any Church use, as described in
Paragraph 7, at the City's expense.
7. Use by the Church. The Church shall have the right to the exclusive use
of the parking lot on Sundays from 6:00 a.m. until 2:00 p.m. The Church shall have the
right to the exclusive use of the parking lot on Christmas Eve, Christmas Day, Good
Friday, Easter and Maundy Thursday from 6:00 a.m. until midnight. The Church shall
3
endeavor to give the City five (5) days notice in advance if the times set forth above
need to be adjusted. In addition, the Church may have exclusive use of the parking lot
for certain other church events including, but not limited to, funerals and weddings
(referred to as, "Church Events") for specific periods of time. The Church shall
endeavor to give the City at least forty-eight (48) hours prior notice of the other Church
Events.
8. Siqna_qe. The City shall install, at its own expense, decorative signage
indicating the parking lot can be used for public parking and additional signage to
indicate when the parking lot is closed and to be used for Church purposes only.
9. Termination. The City or Church may terminate this Lease upon thirty
(30) days prior written notice to the other party. Upon termination by either party, the
City shall not be obligated to pay any rent after the date of termination and any prepaid
rent shall be refunded to the City.
10. Reimbursement for Improvements.
a.) Improvements. Improvements shall include, but not be limited to, all
resurfacing, restripping, car stops, asphalting and landscaping, excluding fixtures as
defined in Paragraph 10(b). If the Church terminates the Lease during the term of this
Lease or during the renewal thereof, the following reimbursements will be made by the
Church to the City for the improvements made by the City (excluding fixtures) as
follows:
Lease Year
% Cost of Improvements that Remain
First 6 months 100%
Year 1 80%
Year 2 60%
Year 3 40%
4
Year 4 20%
Year 5 0%
If the City terminates the Lease during the term of this Lease or during a renewal period
thereof, the Church shall not be obligated to reimburse the City for any improvements.
b.) Fixtures. At the termination or expiration of this Lease (whether the
Lease is terminated by the Church or the City), the City in its sole discretion may
remove the fixtures. Fixtures are defined as gates, signage, lighting, and parking
meters. If the City and Church agree, however, that certain fixtures are to remain at
the expiration or termination of the Lease, either the value of the fixture (to be
negotiated by the parties) shall be added to the percentage refund of the improvements
referred to in Paragraph 10(a) above, or if the City terminates the Lease and/or no
reimbursements are required by the Church, the agreed upon value of the fixtures will
be paid by the Church to the City.
11. Taxes and Assessments. Each party warrants to the other that each
party is tax exempt. The City however shall pay any taxes or assessments on the
leased property including, but not limited to solid waste and stormwater that it is legally
allowed to pay by law. If the City is not allowed to pay as provided by law, the Church
will pay such taxes or assessments as it is allowed or required to pay as provided by
law. However, if the Church is required to pay ad valorem taxes, the City, at its sole
option, may terminate this Lease and receive reimbursements as provided in Paragraph
10 notwithstanding anything to the contrary set forth in Paragraph 10, or the City may
continue to lease the premises and pay additional rent prorated monthly in such amount
equal to the ad valorem taxes to be paid by the Church.
5
12. Use of Premises by the City. The City will use the leased property for
parking purposes or other community purposes.
13. Not to Assiqn or Sublease. Neither the City or the Church shall assign
or sublease all or part of the leased property without the prior consent of the other,
except as set forth herein, provided however, the City may license the use to others for
temporary special events and may otherwise license the premises to alleviate the
parking shortage downtown including, but not limited to, license to valet companies to
use the lot if authorized by the City. All licenses shall be made subject to the terms of
this Lease.
14. To Yield Up the Premises. The City at the termination or expiration of
this Lease will peaceably yield up the leased property which shall be in good repair,
reasonable use and wear and tear excepted.
15. Insurance/Neqli.qence. The City and the Church shall be responsible
for its own negligence. The City however shall provide liability and property insurance
coverage and shall name the Church as an additional insured on such policies. The
City shall pay all premiums on such policies. The insurance shall be for the coverages
and amounts shown on Exhibit D.
16. No Waiver; No Recordinq. No assent express or implied of any breach
of any covenant by the City or the Church shall be deemed a waiver of any subsequent
breach of the same or other covenants. Neither party shall record this Agreement.
6
17.
follows until a
Notice. Whenever notice is required hereunder, it shall be addressed as
written notice of address is given to the other party.
City of Delray Beach
David Harden
City Manager's Office
100 N.W. 1 st Avenue
Delray Beach, FL 33444
First Presbyterian Church of Delray Beach
33 Gleason Street
Delray Beach, FL 33444
Modifications/Amendments. All amendments or modification
of this
18.
Lease shall be in writing.
29. Entire Aqreement.
understanding and agreement
agreements.
ATTEST:
City Clerk
Approved as to Form:
This Agreement constitutes the complete
between the parties and supercedes all prior
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
City Attorney
Witnesses:
Print Name:
FIRST PRESBYTERIAN CHURCH OF
DELRAY BEACH
By:
Print name:
Title:
Print Name:
7
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
,2001 by
title of officer or agent) of
acknowledging), a
behalf of the corporation.
day of
(name of officer or agent,
(name of corporation
(state or place of incorporation) corporation, on
He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public - State
of Florida
8
EXHIBIT
Lot Six (6), Block "C', JOHN B. REID"S VILLAGE, Delray Beach, Florida,
according to the plat thereof recorded in the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida in Plat Book 21,
Page 95.
EXHIBIT "B"
BRONSON AVENUE
ESTIMATED VALUE OF ROADWAY IMPROVEMENTS
Road Length - 448 ft.
Road Width - 18 ft.
Material Quantities:
1%" Asphalt, limerock base, stabilized subgrade
2' Valley Gutter
(448 x 18)/9 = 896 sq. yd
448 lin. ft.
Unit Prices: '
1%" Asphalt, limerock base, stabilized subgrade
2' Valley Gutter
$12.45 / sy
$ 6.07 /If
Cost of Improvements (1994):
Roadway 896 x $12.45 =
Gutter 448 x $ 6.07 =
$11,155.20
$ 2.719.36
Total $13,874.56
Life Expectancy of Roadway
50 Years
Straight line depreciation value (2001 $)
$13,874.58 @ 2% yr. = $1942.44
Current age is 7 years, so, current value = $13,874.56 - $1942.44 = $11.932.12
Averaged from b~ds received for PN 92.006, Road reconstruction, same cons[ructIon I~enod as Bronson Avenue
EXHIBIT "C"
EXMIB[T
Memo
To.'
Ftorm
Date:
Susan Ruby, C~ty
Frank Babmn, Risk
Ma~ 27, 2~1
Insurance Coverage for First Presbytenan Church
This memorandum ~s used to confirm that ~nsurance coverage will be prowded as mfght be required of
the City ~n any lease agreement between the City of Delray Beach and the First Presb,/tenan Church,
w~th coverages in the type and amounts, for example, as follows:
Property Damage Coverage will be provided under the City's Custom Package Policy ¢~CP 65075,
effec~e 10/1/00-01, for property which ~s mn ~he care, custody and control of the C~ty. Th~s City may
also elect to provide such coverage under a separate ~nsurance policy, depending on the premium
costs ~nvolved.
ComprehensNe General Liabdity Insurance Coverage will be provided for the limits of $500,000 per
occurrence. Th~s coverage w~ll be bound pnor to the effective date of any lease agreement
Certificates of Insurance, to evidence such Insurance Coverages wmll be provided to First Presbyterian
Church before the effective date of any lease agreement.
If any question anse, please call me at 561-243-7150.
TO:
THRU:
FROM:
SUBJECT:
DAyl~ T. HAB~DEN, CITY MANAGER
PKUL ORLIN~N~DI CTOR OF PLANNING AND ZONING
· /
MEETING OF MAY 15, 2001
APPROVAL OF A REQUEST FROM THE JOINT VENTURE TO
EXTEND THE CLOSING TIME OF THE SANDOWAY PARKING
LOT ON JUNE '1, 2001 TO 10:00 PM TO ACCOMMODATE
BALLOON GLOW (OPENING CEREMONY OF THE BALLOON
RACE WEEKEND).
The applicant, Joint Venture, is requesting that the Sandoway Parking Lot be
opened until 10:00 PM to accommodate the Balloon Glow, which is the opening
ceremony to a weekend event known as Balloon Race Weekend. It will be held on
Atlantic Avenue between Ocean Boulevard and Andrews Avenue from 7:00 -
10:00 PM. Last years attendance for the event was estimated between 3,000 -
4,000 people.
The nature of the event would allow people to view the balloons right up to 10:00
PM. Leaving the Sandoway Lot opened until 10:00 PM will accommodate
latecomers to the event and will minimize the impact to the surrounding
neighborhood streets by accommodating some of the parking demand.
The Parking Management Advisory Board has not reviewed this request as it was
first considered by the Joint Venture at their meeting of May 10, 2001.
By motion, approve the applicant's request to extend the closing time of the
Sandoway Lot on Friday June 1, 2001 t.o 10:00 PM to accommodate Balloon
Glow.
Attachment~
Formal Request from
Joint Venture
May 10, 2001
Mr. Scott Aronson, Parking Speciahst
City of Delray Beach
100 N.W 1 '~ Avenue
Delray Bea~, Florida 334,~4
Re, Extending Hours - Sandoway ParkinR Lot - Hot Air Balloon Glow
Dear Scott:
This is a request from the Downtown Joint Venture to extend the parking hours for the
Sandoway Lot dudng the Hot Air Balloon Glow. This event will take place on Friday,
June I'~ from 7:00 p.m. to 10'00 p.m along Atlantic Avenue between Ocean Boulevard
and Andrews Avenue.
We are requesting that the park,ng lot stay open from 7:00 p.m. to 10:00 p.m. on June
1"' Th~s w~ll t~elp to a~mmodate and make available parking spaces to those who
attend this event.
Thank you for your consideration of this request
Sincerely,
MARJORIE FERRER
I L~,R.~¥ BEACH JOINT VENTURE - Commumty Redevclvpmcnt Age,icy · Delray Bcach Chamber o! Commcrc~ o Downtown Development Aul Jty
64 $ E. F~lth Avenue. l)clray Beach, FL 33453 · Tel 561-279-13~4 -561-27~-0555
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~ - REGULAR MEETING OF MAY 15, 2001
CONTRACT AWARD FOR SOLID WASTE /BROWNING, FERRIS
INDUSTRIES
DATE: MAY 11, 2001
This is before the Commission to consider approval of a bid award to Browning, Ferris Industries
for solid waste collection, disposal, recycling, and vegetation.
Bids were received from five vendors, Browning, Ferris Industries was Iow bidder, with an
estimated annual amount of $2,254,300.00 from 433-3711-534-34.50, 51, 55, 56 and 57
(Sanitation Waste Disposal - Contractual Service).
Recommend approval of the bid award to Browning, Ferris Industries.
RefAgmemol4 Bid Award. BFI 05 15 01
To.'
From:
Date:
MEMORANDUM
David T. Harden, City Manager
Joseph M. ~ce Director
May 2, 2001
Subject:
Solid Waste Bid Award (Commission Agenda- March 15, 2001)
As directed by the City Commission, we prepared a bid package on solid waste and sent out the
appropriate advertisements and also utilized the Demand Star website. We conducted a pre-bid
conference on March 2"d and resolved all issues through the issuance of one bid addendum that
was received by all bidders. On April 27th we opened five bid submissions with the following
results ranked from the lowest bid to the highest:
1. Base Bid- Vegetation Pickup on 1sC Solid Waste Collection Day (Monday, Tuesday,
Wednesday)
BFI
Company Name
Onyx/Superior
Waste Management
EarthCare
i Sunburst
Total Bid Submitted
$2,254,300
$2,301,034
$2,721,770
$2,918,412
$3,051,315
2. Alternate Bid- Vegetation Pickup on either Solid Waste Collection Day (Monday,
Tuesday, Wednesday or Thursday~ Friday, Saturday)
BFI
Company Name
Onyx/Superior
Waste Management
Sunburst
Total Bid Submitted
$2,204,038
$2,260,824
$2,619,236
$2,644,705
EarthCare $2,747,522
A Staff Committee consisting of the Finance Director (Project Manager), City Attorney, Assistant
City Attorney, Utilities Customer Service Manager, Purchasing Supervisor and the Code
Enforcement Administrator (Project Administrator) reviewed all bid submissions.
First, the Committee reviewed the pros and cons of the Base Bid and the Alternate Bid. We
concluded that the City should be kept cleaner if the Base Bid were utihzed In other words, if
we have vegetative pickup on the first solid waste day (Monday, Tuesday, Wednesday). The
Committee determined that this is what the neighborhoods wanted since they normally do their
yard work on Saturday or Sunday Code Enforcement determined that their efforts to control
customers putting their vegetation out early should be easier and they have the special pickup
vehicle at their disposal on Thursday, Friday, and Saturday to enforce the policy In addition, if
this is not successful, we can always have the carrier convert to the other pickup schedule.
The Committee had the following comments on the bidders:
BFI-
No question on qualifications (facilities, financial condition, ability to service a city the size
of Delray Beach, bonding capability, 5 years of firm history). The Code Enforcement
Division has stated that the customer complaints have been substantially reduced. BFI was
the overall low bidder under both the Base Bid and the Alternate Bid.
· Onyx/Superior-
1. Has no office or facilities in local area, has submitted letters stating they have the ability
to lease some local property if they were awarded the bid. The minimum requirement
stated in the bid specifications is that they have a facility in Palm Beach County
2. Confusing bid in that Onyx is a subsidiary of another entity which is a subsidiary of a
larger conglomerate organization
3. Confusing bid in that Onyx is a new company with no experience but appears to be a
simple name change from Superior (which has acceptable experience). The minimum
requirement stated in the bid specifications is that a company have 5 years of experience
4. The Committee questions why they didn't submit their bid as Superior, which has the
stated experience, and then conduct a name change later.
5. Onyx was within approximately $50,000 of the low bidder
Waste Manaeement
No question on qualifications (facilities, financial condition, ability to service a city the size
of Delray Beach, bonding capability, 5 years of firm history). Waste Management was the
third low bid in each case but was approximately $400,000 to $500,000 bagher that the low
bid.
EarthCare
1. Has a local office in Boca Raton and recently acquired facilities in Palm Beach County
(within the past 60 days)
2. Has three years of history of service as a firm as opposed to the five years set as a
minimum requirement
3. Several employees of company have 20-30 years of experience in the field
4. EarthCare was $500,000 to $600,000 higher that the low bid
Sunburst
No question on qualifications (facilities, financial condition, ability to service a city the size
of Delray Beach, bonding capability, 5 years of firm history)
1. Question the bid for "Base Bid- Single Family Solid Waste, Curbside Bags" at $.08 per
unit per month when Alternate Bid- Single Family Solid Waste, Curbside Bags is $1.57
per unit per month This could add $45,000 to their bid submission if this is an error
2 Question why the Alternate Bid, which was simply a change in vegetation pickup days,
would have changes in Single Family solid waste curbside rollout carts (from $2.83 per
unit in the Base Bid to $2.30 per unit in the Alternate Bid, a reduction of $.53)
3. Question why the Alternate Bid, which was s~mply a change in vegetation pickup days,
would have changes in Single Family solid waste rear-door owner container (from $6.69
per unit in the Base Bid to $8.69 per unit, an increase of $2.00)
The Committee also addressed the issue of awarding residential to one vendor and commercial to
another vendor It was decided that this would not be recommended for the following reasons:
· This compromises the term "franchise" in that it would no longer be exclusive to one carrier
· A front-load compactor truck, utilized for multi-family and commercial dumpster containers,
is an extremely expensive piece of equipment and to reduce the number of potential
customers this truck services reduces marginal revenues and profits.
· A rear-load truck is used for residential and some commercial (rollout carts) and is an
extremely expensive piece of equipment and to reduce the number of potential customers this
truck services reduces marginal revenues and profits.
· Code Enforcement has the responsibility of monitoring several performance criteria that a
carrier must follow on a daily basis or administrative fines will be imposed. They would find
this responsibility much more difficult with multiple carriers.
· If the present carder (BFI) has contracts that carry into the new contract period and another
carder is awarded the franchise for commercial containers, the City could lose franchise fees
since State law prohibits contract intervention
Based upon the aforementioned comments~ the Staff Committee recommends to the City
Commission that BFI be awarded the Base Bid service level with their total bid of
$,2~254~300 effective October 1~ 2001. This bid is approximately $100~000 lower than our
current residential single-family costs.
Encl:
Cc.'
Solid Waste Bid Summary- Base Bid
Solid Waste Bid Summary- Alternate Bid
Solid Waste Committee Members
Solid Waste Companies Submitting Bids
0
~U
J
0
May 3,2001
Joseph M. Safford, Finance
Susan Ruby, City Attomey
Brian Shutt, City Attomey's Office
Barbara Schooler, Utilities Customer Service
Jackie Rooney, Purchasing
Richard Bauer, Code Enforcement
Carlos Mangual, BFI Waste Systems of North America
Ron Arrowood, Waste Management Inc. of Florida
Jeffery Clem, Sunburst Sanitation
James A. Waters, EarthCare Resource Management of Florida
Wes Burger & Bill Redman, Onyx Waste Services of Florida
sdl
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~~~
NAMING OF THE DELRAY BEACH TENNIS CENTER
MAY 11, 2001
Staff is presently preparing a Request For Proposals to solicit
proposals from companies so that we might select a company to
sell the naming rights for our tennis center. This is in response
to previous direction from the Commission.
In the meantime we have received the attached proposal from
Sports Marketing Consultants Inc. This contract would allow them
to act as a Non Exclusive Agent for the City of Delray Beach to
sell naming rights for the Delray Beach Tennis Center.
They are requesting exclusive rights to twenty-one (21) major
companies as identified within their proposed agreement. In all
cases, the City Commission would have final approval in all
aspects of any future naming rights proposed.
These possible causes of action for the Commission are:
1. Reject this proposal and wait on the RFP process.
2. Accept this proposal for a shorter time period,
months.
3. Accept this proposal as presented.
say six
Since this proposal is non-exclusive except as to the
companies listed, we would still proceed with RFP process.
21
Recommend consideration of the proposal from Sports Marketing
Consultants to act as a Non Exclusive Agent to sell naming rights
for the Delray Beach Tennis Center.
Ref :Agmemoll .NamingRightsTennisCenter. 05.15.01
Memo
Tm Dave Harden
Frea~ Brahm Dubin
CC: Bob Barcinski
~ 05/02/01
Rag Naming Rights
Enclosed please find a proposed agreement with Sports Marketing Consultants Inc.
to act as an Non Exclusive Agent for the City of Delray Beach to sell naming rights for
the Delray Beach Tennis Center.
They are requesting Exclusivity for 21 companies as listed herein on a 20%
commission basis.
As always if you are in agreement, I will have our City Attorney contact this company
and finalize an agreement that is mutually acceptable to both parties.
In all cases, City Commission would have final approval in all aspects of any future
naming dghts proposed.
Please contact me at your eadiest convenience with any questions or comments.
Word/public/memo11
· Page 1
Ap~ 26, 2001
Mr. Brahm Dubin, President
Dubin & Associates
2200 Highland Avenue
Delray Beach, Florida 33445
Dear Brahm:
As discussed, I have enclosed the Agreement between the Delray Beach Tennis Center / City of
Delray Beach and Sports Marketing Consultants, Inc., a division of Interperformances Group.
Necessary changes have been made so please review before signing. Please sign one copy and return
to my offices while keeping the other copy for your records. As soon as we receive the signed copy
in our offices, we will proceed with the naming rights search. That process will begin with a press
release announcing the search, preliminary letters to potential naming rights partners, and
preliminary phone calls.
In the meantime, if you have any questions please do not hesitate to call me at 561.417.8405. IfI do
not hear from you or receive a signed agreement in the next two weeks I will contact you to
determine progress.
Sincerely,
Marketing Accounts Representative
C: \ IFINDO IY/3~ Desktop \ Dau~\ Delra3, Beach Tennis Center\04.26 meeting follo~ ~,ith agreement, doc
7025 Beracasa Way, Suite 105-C, Boca Raton, Florida 33433
(561) 417-8405 Fax (561) 417-8471 · E-marl' sochenspts@aol corn ,, Web S~te www smcsportsmarketing com
Beverly Hills (310) 271-9239 Fax (310) 271-4039 · Tel Awv. Tel/Fax 972-9-742-2929 Mobile 972-52-892-442
DELRAY BEACH TENNIS CENTER Agreement
Page 1
INTRODUCTION
Facihty naming rights have become an extremely popular means for corporations to receive
visibility from, and assoctation with, the sport industry and its fan base. The Delray Beach
Tenms Center ~s an attractive prospect for naming rights because of ~ts incredible vis~bihty
opportunitms with a great amount of market reach to many different segments.
The market reach for Delray Beach Tennis Center is quite varied. Family demographic
groups are reached through events such as the OWL Challenge, Rainbow Tournament and
First Night Delray. There is a d~fferent reach from the remaimng tennis events, which
incorporate a higher income fan base with different leisure interests and a higher average
age. Therefore, an ideal partner would be one that attempts to reach that same target market
of affluent, 34-50, business men and women with a household income over $100,000 and a
high disposable income. Also, those same corporahons may achieve their desire to
incorporate their sponsorshtp to the local family commumty.
KEY PARTICIPANTS
Delray Beach Tennis Center:. Delray Beach Tennis Center is a first-class facihty located in
the downtown Delray Beach area. The facility ~s v~sible from the highly traveled Atlantic
Avenue (over one million ~mpress~ons/year) as well as dunng sports telecasts on both cable
and non-cable networks. The facthty Is owned by the city of Delray Beach and run by
Dubtn & Associates. Included m the Tenms Center layout is; 14 clay courts, 7 hard courts,
19 lighted courts, an 8,200-seat stadium, a pro shop, locker room facilities, and on-site
racquet stringing.
Because the Tennis Center is a property of the city, the naming fights sponsor ~vould not
only receive on-site visiblhty at the Tennis Center but they would receive opportumties for
add~nonal v~sibility around the city of Delray Beach. These opportunities may include, but
are not hmlted to; the Delray Beach Affatr, which attracts over 250,000 visitors each year;
the annual Christmas tree event and the Holiday Parade.
The Tenms Center is also involved in charitable work through their association with the City
of Delray Beach. In all, the city (the Delray Beach Tennis Center falls under the city's
umbrella) delivers approyamately $1.2 million to 14 charitable organizations. The naming
rights partner would be able to appropriate their sponsorship dollars directly to these
charmes annually, which include, but are not limited to, Boys & Gifts Club, Aid to Victims
of Domestic Assault, Hospice by the Sea, Child care Services of PBC, Alzheimer's Disease,
etc. Therefore, this oppormmty would not only be a beneficial marketing outlet, but also a
source of philanthropic eft-om and favorable corporate and community goodwill for the
naming rights parmer.
DELRAY BEACH TENNIS CENTER Agreement
Page 2
Sports Marketing Consultants, Inc: Sports Marketing Consultants, Inc., a division of
Interperformances Group, is a global management and marketing company that uses
innovative markeung concepts to assist aspmng and professional athletes in achieving career
goals. At the same nme, Sports Marketing Consultants, Inc. strives to meet the ever-
changing needs of its corporate clients, a unique dual perspective that allows it to emphasize
a mutually beneficial approach in structuring markenng and corporate endorsement
opportunities.
Sports Marketing Consultants, Inc. is an experienced and knowledgeable sports marketing
firm dedicated to developing and implementing strategic sports marketing plans, evaluating
current sport programs and sponsorships, analyzing corporate objectives and industry
trends, executing recommended marketing programs to ensure return-on-investment, and
evaluating all sport related projects that a corporation is involved in. Therefore, Sports
Marketing Consultants, Inc. is able to oplnm~ze oppormnmes for all corporate clients served
by our experienced and dedicated marketing staff.
Sports Marketing Consultants, Inc. is the best firm for this project not only because of the
previously stated mformauon but also because we have an office based locally in Boca Raton
and professionals who are familiar with that area and the Tennis Center in parttcular. We
have specific experience within the tennis industry as we represent over 50 men, women, and
junior players for their on and off court ventures.
Interperformances Group has offices around the globe including our headquarters in San
Manno, Italy and U.S. headquarters in Chicago. Interperformances Group also has satellite
offices in Boca Raton, Florida; Beverly Hills, California; Milan, Italy; Melbourne, Australia;
Tel Avlv, Israel; Prague, Czech Republic; Munich, Germany; and Cape Town, South Africa.
O ]ECTn E
This agreement is primarily structured towards the utilizaUon of Sports Marketing
Consultants, Inc. to secure a naming rights partner for the DELRAY BEACH TENNIS
CENTER. while representtng the interests of the DELRAY BEACH TENNIS CENTER.
Sports Marketing Consultants, a division of Interperformances Group, is confident that we
will establish a win/win agreement between the DELRAY BEACH TENNIS CENTER and
a suitable naming rights partner. The following Is a list of companies that Sports Markeung
Consultants requests exclusivity in approaching:
DELRAY BEACH TENNIS CENTER Agreement
Page 3
1. Adelphia Cable Communications Corporation
2. ADT Secun(y oC~ystems
3. A/amo Rent-a-Car lnc.
4. AutoNation U£A
5. At~'led Co.
6. Bank At/antic
7. Cingu/ar W:ireless
8. Cisco £jystems. Inc
9. Citigroup
! O.Fi~t NationalBank and Trust Co~an.y
! 1. JM Family Enterprises, Inc.
!2. John Hancock Insurance and Financial Services
13. Lexus
14. NEXTEL Communications
15. Office Depot
16. Pepsi
! 7. Pfi,~er
18. Ryder S~vstems
19. Sensormatic
20. The Sports Authori(y
21. Tyco International
METHODS
The prex4ously stated objectives may be reached through the following methods, xvhich are
tailored specifically towards the initianves of the DELRAY BEACH TENNIS CENTER.
Sports Marketing Consultants, Inc. will:
Determine possible parmers through extensive company research
· Make initial contacts with each company through letters and folloxv-up phone calls
· Establish meetings with possible sponsors to discuss a naming rights partnership.
· Create presentattons tailored toward each company and their proposed relat~onsMp
with the DELRAY BEACH TENNIS CENTER
· Follow up with each company and provide all necessan,' lnformanon as obtained
through research or by contacting a DFJ]ChY BEACH TENNIS CENTER
representative
· Create additional methods of soliciting naming rights partners such as facility, tours
and hospitality at upcoming events
DELRAY BEACH TENNIS CENTER Agreement
Page 4
The previous project work will be reahzed through the following agreement by the
DELRAY BEACH TENNIS CENTER:
· Disclose all previously contacted compames and individuals and the nature of the
contact
· Supply information on all possible extensions offered through the naming fights
parmership
· Agree to a 20% commission for Sports Marketing Consultants, Inc. as the partner
search firm
· Agree to a 15% referral fee for any company contacted by Sports Marketing
Consultants, Inc. who enters into any other agreement regarding the Tennis Center
within one year of their final contact with Sports Marketing Consultants, Inc.
· Offer addinonal relevant informanon and support as requested by Sports Marketing
Consultant, Inc. representauves
· Offer contact exclusivity for previously stated companies
CONCLUSION
Sports Marketing Consultants, Inc. offers a unique dual perspective that allows us to
emphasize a mutually beneficial approach in structuring marketing and corporate
endorsement opportunities. It is because of this commitment to a win/win situation that we
will support the DELRAY BEACH TENNIS CENTER to ensure that they receive the
desired outcome from their naming rights partner search as well as achieve company and
organizational goals.
We are excited to present this opportunity to the DF, I,RAY BEACH TENNIS CENTER
and are extremely confident that this proposed relationship has excellent long-term potential.
The DELRAY BEACH TENNIS CENTER will, no doubt, realize the potential associated
with this opportunity.
This length of this agreement is one (1) year from the date signed below by the City of
Delray Beach representative w~th an opuon to extend based on a mutual agreement between
both parties.
City of Delray Beach
Date
Sports Marketing Consultants, Inc./Interperformances Group Date
05/15/01 T-tIE 16:03 FAX 5614178471 S M C, Inc. ~002
May15,2001
Mr. Brahm Dubin
Dubin & Associates
2200 Highland Avenue
Delray Beach, Florida 33445
via facsimile: 561.243.7386
Dear Brahm:
Per our previous dtscussions, I would like to schedule a meeting in order to review SMC's proposed
agreement for the naming rights of the Delray Beach Tennis Center. Our standard agreement,
which was submitted May 3, 2001, may serve as a foundation for our discussions and a formal
agreement may be drafted based on all mutually agreed upon modifications.
In the past, the European Division of SMC has successfully negotiated Presenting Sponsor contracts
for events such as; our Tel Aviv ATP event, which was sold to Stenham Gestinor and our Capetown
Men's & Women's Exhibition Tennis Tournament, which was sold to Heineken. In addition to
negotiating Presenting Sponsor rights for events, we have also handled Naming Rights for the
Yubileynl Palace in the Czech Republic, home 6f the St~ Petersburg Lions - a member of
basketball's Eurole~,ue, and are currently negotiating the naming rights for the Israel National
Training Center. Besides the proposal that I have sent to your organization, SMC is currently
seeking the opportunity to negotiate Naming Rights for three (3) additional facilities in the United
States.
I will contact you in the next week to determine the best time to discuss SMC's proposed agreement.
In the meantime, if you have any questions, please do not hesitate to call me at 561.417.8405. Have
a wonderful day and I look forward to speaking with you soon.
Sincerely,
Marketing Accounts Representative
7025 Beracasa Way, Suite 105-C, Boca Raton, Florida 33433
(561) 417-8405 Fax (561) 417-8471 · E-mail: sochenspts@aol, corn · Web Site. www. smcsportsmarketing.com
Beverly Hills (310) 271-9239 Fax (310) 271-4039 · Tel Aviv: Tel/Fax 972-9-742-2929 Mobile 972-52-892-442
[lTV OF OELRrI¥ BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755
An-AmmaCity
1993
DATE: May 8, 2001
TO: City Commission
MEMORANDUM
FROM:
Susan A. Ruby, City Attorney
SUBJECT: AM Broadcasting Amended and Restated Lease
The attached Amended and Restated Lease contains the following changes from the
original Lease:
1. It includes an updated legal description.
2. The term is unchanged, except renewals are allowable upon mutual written consent of
the parties.
3. The City shall receive $800.00 per month instead of $500.00 per month, as adjusted by
the CPI, or the City may elect to accept advertising with a value double to the payment.
This Lease is before you for your consideration. If the Lease is approved, our office
recommends that the approval be subject to the Assistant City Manager's positive
evaluation that the leased premises, as described, does not negatively impact golf
operations.
By copy of this memorandum to David Harden, City Manager, our office requests that the
Lease be placed on the May 15, 2001 City Commission agenda for consideration
Attachment
David Harden, City Manager
Barbara Garito, Acting City Clerk
Robert A. Barcinski, Assistant City Manager
Henry Handler, Esq.
AMENDED AND RESTATED LEASE
of
municipal corporation (Lessor), and
a Florida corporation (Lessee).
THIS AMENDED AND RESTATED LEASE is made and entered into this __ day
, 2001, by and between the CITY OF DELRAY BEACH, a Florida
WITNESSETH:
Leased Premises. That for and in consideration of the covenants contained
herein, Lessor hereby leases to Lessee, the property (Leased Premises) described in Exhibit
"A" hereto and as further depicted in Exhibit "A".
3. Term. The lease commenced on June 4, 1980 and shall expire June 4, 2020.
The Lease may be extended by the mutual written consent of the parties.
herein.
2.
WHEREAS, the Lessor and Lessee's predecessor, Quality Broadcasting Corporation,
entered into a Lease dated June 4, 1980 and an amendment thereto on June 4, 1995; and
WHEREAS, the Lessor and Lessee desire to enter into this Amended and Restated
Lease to clarify certain aspects of the previous lease as amended and to allow Lessee to permit
the use of their towers for use by telecommunications companies in addition to the purpose of
radio transmission and related customary operations.
NOW THEREFORE, this Amended and Restated Lease is made and accepted upon the
following terms, covenants and conditions:
Recitals. The recitals set forth above are incorporated as if fully set forth
4. Use by Lessee. Lessee shall use said premises for the purpose of maintaining
and operating two radio transmitting towers and customary operations associated therewith,
together with connecting underground cable within the Leased Premises. The height of the
towers shall not exceed 233 feet. Lessee shall not add additional towers without the written
consent of the City after renegotiation of the lease. Lessee shall be allowed to enter into
agreements with others for the purpose of attaching to the towers other telecommunication
devices and installing equipment necessary for their operation.
5. Use by Lessor. The Lessor, its employees, agents, visitors, invitees and guests
may use the premises for maintenance and the playing of the game of golf in such a manner
that it will not reasonably interfere with Lessee's use of the premises.
6. Ownership of Equipment~ Improvements. At the expiration of this lease, the
Lessee shall hold title to the towers and any cabling lines and equipment affixed thereto or
located within the Leased Premises (hereinafter referred to as Fixtures) and shall remove the
same from the Leased Premises, prior to the termination of the lease. Upon removal of the
Fixtures, the Lessee shall return the Leased Premises to a condition that is acceptable to the
Lessor. If Lessee fails to remove the above from the Leased Premises, as provided herein, or
fails to restore the Leased Premises, the City may cause the removal thereof and Lessee shall
pay all costs related to the removal and storage of the Fixtures incurred by the Lessor and pay
the Lessor's costs to return the Leased Premises to an acceptable condition.
7. Construction and Maintenance. Lessee shall construct and maintain the
Leased Premises and the Fixtures in a manner that does not cause a visual eyesore as
determined in the Lessor's sole discretion. Lessee shall maintain all Fixtures and the Leased
2
Premises in such a manner so as to not be a safety hazard to anyone who may come within the
Leased Premises or in the vicinity thereof. If the Leased Premises is not maintained to the
standard deemed acceptable by the City, the Lessee shall, upon notification by the City,
verbally or in writing, remedy the maintenance of the Leased Premises within the date set forth
by the City. Access to the Leased Premises for construction and/or maintenance shall be
coordinated with the City's Golf Course Greens Superintendent. The Fixtures located within
the Leased Premises shall be constructed and maintained at the sole expense of the Lessee and
Lessee covenants and agrees to indemnify and hold Lessor harmless against any and all claims
for labor and materials in the construction or maintenance of any Fixture on the Leased
Premises.
8. Insurance. Lessee shall carry and pay for all insurance including, but not
limited to, liability and property insurance on the Leased Premises and shall name the Lessor
as an additional insured.
9. Indemnification. Lessee shall indemnify, hold harmless and defend Lessor, its
officers, agents and employees from and against all loss, liability or expense that may be
incurred, including but not limited to, personal injury to any person or any damage caused to
the City's Golf Course as a result of Lessee's construction, maintenance or operations on the
Leased Premises, including, but not limited to, attorney's fees and costs at trial and appellate
levels.
10. Taxes. Lessee shall pay all taxes and assessments of whatsoever kind imposed
on the Leased Premises or the remainder of the Golf Course property that was assessed based
on Lessee's use of the property.
11. Termination. If either the Lessor or Lessee shall fail to perform or shall
breach any covenant, term, or condition of this lease, the party seeking performance or
claiming a breach of the Lease shall give thirty (30) days written notice to the party failing to
perform or the party in breach and shall specify the performance required. If the party fails to
commence performance or fails to cure the breach within the thirty (30) day period, the lease
shall be terminated; provided, however, if a cure is commenced during the thirty (30) day
period after notice, either party shall give the other party a reasonable time to complete the
cure. The lease shall terminate immediately if Lessee shall become insolvent, bankrupt, or
make an assignment for the benefit of creditors. Lessee shall have the right to terminate the
lease upon sixty (60) days prior written notice to the Lessor, provided Lessee shall pay to the
Lessor a lump sum equal to twenty four (24) months rent as adjusted by the CPI.
12. Payment. Lessee shall pay to Lessor Eight Hundred Dollars ($800.00) per
month payable each month on the 1~ day of each month after the execution of this agreement.
This monthly payment shall be adjusted annually on the anniversary of the effective date of this
agreement from the preceding year by using the Consumer Price Index, "All Urban
Consumers - United States" April Consumer Price Index (CPI). The CPI adjustment shall
reflect the actual CPI percentage increase or decrease provided, however, the adjustment shall
not increase or decrease by more than five percent (5%) over the previous year's adjustment
rate. The Lessor and Lessee shall endeavor to give each other thirty (30) days' prior written
notice each year of the need to adjust the payment by the CPI. Failure to so notify each other
shall not be deemed a breach of the agreement and the Lessee shall pay all payment arrearages
as adjusted by the CPI.
13. In Lieu of Payment. The Lessor may, in its sole discretion, make a written
election to accept advertising in lieu of payment. If so elected by Lessor, the Lessee shall
provide the City with advertising with a market value double to the payment that the Lessor is
entitled to under Paragraph 12, as adjusted by the CPI. Market value shall be determined by
using an average from the Lessee's rate cards in effect for the twelve (12) months preceding
the date of the notice election by Lessor. In lieu of the payment set forth in Paragraph 12 of
this Lease, the election by the City to accept the market value of said advertising shall be made
in writing at least thirty (30) days before the commencement of the in lieu advertising
commencement. Lessor shall set forth the duration of the acceptance of advertising in lieu of
payment in the written notice of election. If there is no notice of election outstanding, or the
duration set forth in the written election has expired. The Lessee shall pay the amount set
forth in Paragraph 12 as adjusted by the CPI (on a pro rata basis for any partial month) until
and unless the City elects otherwise.
14. Assignment. This lease may be assigned and Lessee may sublet, license or
sublicense the Leased Premises, upon the City's written consent, whose consent shall not be
unreasonably withheld.
15. Adherence to Laws. The parties to this lease shall adhere to all laws,
ordinances, rules and regulations applicable to this agreement.
16. Venue. In the event of any claim or dispute arising from this lease, the dispute
shall be resolved in a court of competent jurisdiction with venue in Palm Beach County,
Florida.
17.
shall not be deemed a waiver of any provision, condition or term of this lease.
18. Entire Agreement. This lease as restated and amended
previous leases and amendments, and is substituted therefore in its
Waiver. Failure to enforce any provision, condition, or term of this Agreement
supercedes any
entirety. No other
promise(s) condition(s) or term(s) not set forth in this agreement are binding on either party.
19. Effective Date. This Lease shall be effective when signed by both parties with
the effective date to commence on the date the last party executes this Lease.
IN WITNESS WHEREOF, the parties hereto have caused this
executed by their proper officials on the day and year first above written.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
WITNESSES:
LESSOR:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing
,2001, by
instrument
was
agreement to be
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
Date:
LESSEE:
By:
Print Name:
Title:
Date:
acknowledged before me this
~ as
day of
(name of
officer or agent, title of officer or agem), of
(name of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of idemification) as identification.
Notary Public - State of Florida
EXHIBIT "A"
The City will Lease Parcels 1 and 2 and Easements A and B, as shown on
the attached survey to Lessee. Easements A and B will be released from the
Leased Premises, once the new access road has been completed, legally
described as Parcel 2.
Il
,ir ~ I
£1TV OF DELRI:IY BEI:II:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPItONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Dtrect Ltne 561/243-7091
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
May 8, 2001
Barbara Garito, Deputy City Clerk
Susan A. Ruby, City Attorney
AM Broadcasting Amended and Restated Lease
Please place the attached memorandum and Lease on the agenda.
exhibit to be ready late Thursday or Friday.
Thanks.
I expect a substitute
Attachment
RECEIVED
CITY CLERK
I:ITY OF DELRI:IY BEI:II:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
F t o R I O A
Ali. America City
1993 TO:
FROM:
May 8, 2001
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
Writer's Direct Lxne: 561/243-7091
SUBJECT: Settlement Agreement - Florida Outdoor Advertising
On April 3, 2001 the Commission gave direction to City staff to continue in their
negotiations with Florida Outdoor Advertising CFOA") regarding the 6 applications for
billboards that were filed by FOA. As you may recall, FOA, represented that if the City
allowed it to construct billboards at 551 South Congress, (Uncle Bob's Storage) and 770
S.W. 17th Avenue (Gary's Auto Body) then it would forego the other four applications.
The highlights of the attached agreement are as follows:
FOA shall withdraw the other 4 sign applications that it submitted to the City and waive
any rights that it may have to those applications.
FOA shall be allowed to construct 2 v-shaped billboards, (551 S. Congress and 770 S.W.
17th Avenue) on a monopole base with each sign face not exceeding 672 sq.ft, and the
total sign height not exceeding 65' and in the locations as contained in Exhibit "A".
No tri-vision, moveable parts, flashing, neon or intermittent lighting, or obscene
language or graphics are allowed, however, FOA will be allowed to have embellishments
that do not extend beyond 5' from the edge of the sign and that do not exceed 10% of the
sign area.
FOA agrees to voluntarily dismiss the lawsuit.
Our office requests that this item be placed on the May 15, 2001 City Commission
agenda.
CC:
Barbara Garito, Acting City Clerk
Lula Butler, Director of Community Improvement
Paul Dorling, P & Z Director
SETTLEMENT AGREEMENT BETWEEN FLORIDA OUTDOOR
ADVERTISING, LLC. AND THE CITY OF DELRAY BEACH
REGARDING THE CONSTRUCTION OF BILLBOARDS
THIS AGREEMENT is entered into this day of , 2001, by and
between FLORIDA OUTDOOR ADVERTISING LLC., CFOA") a Florida Corporation, its
successors and assigns, whose address is 3100 W. State Road 84, Suite 409, Fort Lauderdale,
Florida 33312, and the CITY OF DELRAY BEACH, a Florida municipal corporation, whose
address is 100 N.W. 1st Avenue, Delray Beach, Florida 33444, ("CITY"), as follows:
WITNESSETH
WHEREAS, FOA has filed suit against the CITY as evidenced by Case No. 01-8322
CIV; and
WHEREAS, FOA is a sign company that wishes to construct signs for commercial and
non-commercial speech at the locations listed and shown on Exhibit "A", attached hereto and
incorporated herein; and
WHEREAS, FOA has full authority to enter into this Agreement; and
WHEREAS, FOA has fried a total of six (6) applications with the CITY for
construction of signs prior to entering into this Agreement; and
WHEREAS, FOA has agreed to withdraw four (4) of its previous applications if the
CITY approves two (2) applications allowing it to construct the two signs as shown on the site
plans attached hereto as Exhibit "A"; and
WHEREAS, FOA shall not apply for the construction or placement of any other sign,
other than the two signs described in this Agreement; and
WHEREAS, the CITY is entering into this Agreement as a compromise of a disputed
claim, the CITY does not admit any liability; and
WHEREAS, both parties consider it to be in their best interests and in the interests of
the citizens and property owners of Delray Beach to approve this Agreement.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto agree each with the other as follows:
Section 1. Recitals. The recitals above are true and correct.
Section 2. Construction of Signs. FOA shall be permitted to construct not more
than two (2) signs at the locations shown on Exhibit "A" and as further described herein and as
restricted in this Agreement. FOA must have leases for the locations listed on Exhibit "A".
No tri-faced signs shall be permitted. Each sign shall have no more than two (2) faces. There
shall be no moving parts to any sign. Each sign face shall be placed so as to be primarily
visible from the traffic lanes on Interstate 95. FOA agrees that the monopole base shall not
exceed 48" in diameter for both locations. For the sign located at 770 S.W. 17th Avenue, the
monopole shall be constructed/installed approximately i foot away from the edge of the
building, as shown on the site plan attached hereto as Exhibit "A". FOA further agrees that it
will re-stripe the entire parking lot located at the 770 S.W. 17th Avenue sign location. FOA
agrees that it will provide landscaping around the base of the monopole at the 55 ! S. Congress
site, as requested by the City. The construction of both signs shall be done in accordance with
and shall comply with the City of Delray Beach building code.
Section 3. Harmony of Regulations. The sign locations listed on Exhibit "A" must
meet the Florida Department of Transporta, tion ("FDOT") permitting requirements prior to the
CITY issuance of building permits.
Section 4. Sign Size. FOA agrees that the signs shall not exceed 672 square feet
per sign face. The size, shape and height of the sign shall not exceed any of the dimensions as
shown on Exhibit "B", attached hereto and incorporated herein. Embellishments shall not
exceed 10 % thereof or extend more than 5 feet beyond the outside edge of any side of the
sign. The shape of the two signs shall be a "V" shape on a monopole base as shown on
Exhibit "B", except the monopole is not required to be directly in the middle of the sign and
may be on one end. The total height of the of the sign shall not exceed sixty-five (65') feet
from the existing grade at the base of the monopole to the top of the sign, as shown on Exhibit
Section 5. Sign Lighting. Signs may be illuminated, however, signs which contain,
include, or are illuminated by any flashing, intermittent, or moving lights are prohibited,
except that lights embodied in the sign may be used to provide public service information.
Further, no sign shall be so illuminated that it interferes with the effectiveness of or obscures
an official traffic sign, device, or signal. No neon lighting shall be permitted.
Section 6. Adult Content Prohibited. FOA shall not erect any sign advertising any
establishment or business that could reasonably be characterized as providing adult
entertainment, nor shall any sign contain sexually graphic materials, or contain any material
that appeals to prurient interests. No sign shall contain any of the following: obscene
language or language that describes sexual conduct; graphics that depict sexual conduct, human
genitalia or buttocks which are not fully covered, or female breasts which are not covered
below the top of the areola; or graphics which depict scenes or images which could reasonably
be construed as being obscene or which appeal to prurient interests.
Section 7. Mitigation. In order to minimize the effects of the potential construction
of six (6) signs originally applied for by FOA under the CITY's then existing sign ordinance,
the CITY and FOA agree that only two (2) sign permits shall be issued to FOA. Those
permits are for the sign locations described in Exhibit "A" only. FOA shall construct no other
signs in the CITY, now, or in the future.
2
Section 8. Agreement Running with FOA. This Agreement shall run with FOA and
the locations found on Exhibit "A". This Agreement shall be binding upon the parties hereto,
their successors and assigns. FOA has full authority to enter into this agreement and
implement this agreement for all applications, locations and signs referenced herein.
Section 9. Withdrawal and Waiver of Applications. FOA voluntarily releases the
CITY and hereby permanently withdraws any sign applications not granted as a part of this
Agreement and hereby waives any rights it may have for the issuance of the permits for any
properties not identified in Exhibit "A", now or in the future.
Section 10. Settlement of Claim. FOA understands that the only reason the CITY is
allowing the construction of the two signs mentioned above is for the settlement of a disputed
claim and that the CITY does not admit any liability in this Settlement Agreement. FOA, its
successors and assigns, or any company that is owned or partially owned by the principals of
FOA, agrees that it/they will never request another permit from the CITY for the construction
of a sign (billboard) within the CITY. FOA, its successors and assigns, further agrees that it
will forever waive any rights to challenge the CITY on the four applications that it is
withdrawing as well as waiving any challenge to the sign code that existed at that time. FOA,
its successors and assigns, also agrees that it will not challenge or take legal action against the
CITY'S present sign ordinance, and the amendment contained in Ordinance No. 22-01.
Section 11. Public Policy. FOA, its successors and assigns, and the City, will not
take any legal action to contend that this Settlement Agreement is illegal, unconstitutional or
void as against public policy. If FOA, its successors and assigns takes any legal action
contending that this Settlement Agreement should be found to be illegal, unconstitutional or
void as against public policy by a Court, then, the entire Settlement Agreement shall be void
and shall terminate any permit issued by the CITY to FOA for the construction of the two
billboards as shown on Exhibit "A". If the billboards have already been constructed, FOA
agrees to remove the billboards, at its expense. If FOA fails to remove the billboards within
90 days of the court order, the CITY may enter upon the property and remove the billboards
and FOA shall be responsible for all costs incurred by the CITY for such removal, including,
but not limited to storage. If the billboards are removed by FOA or the CITY, or its
contractors, FOA hereby waives any rights it has to any amortization time period or payments
as may be required by law or as may be set forth by Federal or State law or any other
ordinance, law or regulation in existence now or in the future. FOA, its successors and
assigns, and the CITY further agree to waive any rights they have under any law, federal, state
or local to challenge the conditions contained in this Agreement.
Section 12. Assignment of Agreement. FOA agrees that any and all assignees or
successors shall be given a copy of this Agreement and specifically made aware of the terms
and conditions of this Agreement and of the fact that they would also be bound by all the terms
and conditions contained herein.
Section 13. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties relating to the subject matter hereof. It is the final expression of agreement
3
between the parties, thus, neither party shall be entitled to rely upon any conflicting oral
representations, assurances, claims or disclaimers, made either prior to or simultaneous with
the execution of this Amendment.
Section 14. Voluntary Dismissal. This Agreement will be filed with the Court. The
lawsuit filed against the CITY by FOA on April 16, 2001, Case No. 01-8322 CIV will be
withdrawn and a voluntary dismissal with prejudice shall be filed with the Court by FOA
within 10 days of both parties executing this Agreement. The Court shall retain jurisdiction of
this action to enforce the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
written above.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk
David W. Schmidt, Mayor
Approved as to Legal Form:
By:
City Attorney
WITNESSES:
FLORIDA OUTDOOR ADVERTISING, LLC.
By:
Print Name:
Daniel L. Hardin, President
Dated:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,200 , by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
4
EXHIBIT "A"
[2~.i ]
F~OM ; STR~T INFORMATION SYSTEMS IN6 FR× NO. : 954 58? 8090
Apr. 25 2E~E~i 11:25AM P3
04/25/01 WED 13:33 (TX/RX NO 8112]
North
~'y's Auto Body
"'~' ~'~'~" i[~ ~5. 770 S~W. 17~h Aven~ue ~h
.... wOOD FENCE .... · '~ ................
II I
S. l'K 17~n Avenue
/~i ~,~ ~
04/25/01 V~ED 13:33
[TX/RX NO 8112]
Florida Outdoor Advertising, LLC
SI DE ELEVATION
(ONE OF TWO SIGN FACES SHOWN)
48'
65'
CATWALK
SUPPORT
POLE
48'
The Sign will
have a "V" Shape
GROUND
EXHIBIT B
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~...~. - REGULAR MEETING OF MAY 15, 2001
APPOINTMENTS TO THE CHARTER REVISION COMMITTEE
DATE: MAY 11, 2001
At the May 1~ meeting, the City Commission adopted Resolution No. 37-01 establishing the Charter
Revision Committee. The sole purpose of the Charter Revision Committee is to review the City's
Charter and formulate recommendations to the City Commission. Once the Commission appoints
the membership, the resolution provides that the Charter Revision Committee shall immediately
pursue its assigned task with a target completion date of November 1, 2001. The committee would
sunset on the completion of its assignment, unless otherwise extended by action of the City
Commission.
Per the resolution, the committee will consist of eleven (11) members. The Mayor and City
Commissioners will each have two appointments. Based on the rotation system, the appointments
will begin with Commissioner Perlman (Seat #1) through Commissioner Archer (Seat #2),
Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5),
with the Mayor also appointing a Chairperson.
Recommend appointment of eleven (11) members to the Charter Revision Committee.
Ref~grnemol la~ppts. CharterRevisionCommittee.5-15-01
JeffPerlman
2.
3.
4.
5.
Bill Wood
Elizabeth Wesley
Henry Williams
Diane Franklin
Gretchen Bacon
Pat Archer
2.
3.
4.
5.
Rita Ellis
Jay Alperin
Brenda Montague
Francisco Perez - Azua
Howard Ellingsworth
Jon Levinson
1. Willard (Bill) Schwartz
2. Doak Campbell III
3. Sarah Shannon
4. Rita Ellis
5. Jose Ramierz
Alberta McCarthy
1. Henry Williams
2. David Randolph
3. Michele Smith
4. Richard D-Oreo
5. Angela Gray
David Schmidt
Ken Ellingsworth
David Henninger
Joel Solomon
CHARTER REVISION COMMITTEE
COMMISSION NOMINATION LIST
5/11/01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~} ~ - REGULAR MEETING OF MAY 15, 2001
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
DATE: MAY 11, 2001
With the resignation of Wilbur V. Chaney from the Community Redevelopment Agency
(letter attached), this creates a vacancy for a member with a term ending July 1,2001.
Per statute, any person may be appointed as a CRA commissioner if he or she resides in or is
engaged in business (which means owning a business, practicing a profession or performing
a service for compensation, or serving as an officer or director of a corporation or other
business entity) within the area of the agency which is coterminous with the municipality and
is otherwise eligible for such appointment. The City Attorney has determined that anyone
who resides within the City limits is eligible for appointment. A person cannot hold any
other public office other than his/her commissionership or office with respect to the
Community Redevelopment Agency.
The following have submitted applications and would like to be considered for appointment:
SEE EXHIBIT "A"
Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat
#1).
Recommend appointment of a regular member to the Community Redevelopment Agency to
fill an unexpired term ending July 1, 2001.
COMMUNITY REDEVELOPMENT AGENCY APPLICANTS
EXHIBIT "A"
· David Beale
· Robert Currie (current member on BCA)
· Janine Dabney-Battle (current member on BOA)
· Gary Eliopoulos (current member on SPRAB)
· Joseph Ferret
· Stefanie Gapinski
· Robert Gillespie
· Lula Hayes
· Richard McGloin
· James O'Brien
· Joseph Pike
Angela D. Randolph
· Sharron L. Ronco
· James L. Shuler
· Michael Simon
· Josh Smith, Jr.
· Dinah Stephenson
· Nancy Stewart
· Alfred Straghn
· Jean Sylvia
· Kevin Warner
LAW OF£[CrS OF
WILBUR V CHANEY
POST OFFICE BOX 1440
DELRAY BEACI I. rLOKIDA 334,t7 14.t6
John Weaver, Chairman
Community Redevelopment Agency
104 West Atlantic Avenue
Delray Beach. Florida 33444
April 16, 2001
475 N.E ISTSTREFT
SUITE A I
DELKA¥ I~EACH FLORIDa, 33453
(561) 276-7447
RE: Resignation fi.om CRA and
WARC Board
Dear Mz. Weiner:
This is to advise that I am formerly resigning fi'om the CRA Board and the WARC Board,
effective immediately. This decision to resign is due to my busy schedule which prohibits me from
attending the board meetings.
It has been a pleasure to serve with you and the other mem~rs of the board and staff.
Additionally, ! wish the board and staffmuch success in accomplishing its goals in the fiature.
Sincerel /?~'/~
Wilbur V. Chaney
CC:
Lamar Shuler and WARC Board, At. tomey for Board
RECEIVED
APR 1 7 2001
CITY CLERK
~'d · dLi:: :~I lO LI
,.,/'
~ AII-Amedu ity
( '~-' BOARD MEMBER APPLICATION~
Please type or print thc Ibllowing information:
]. ],m Nm ::
2. I lomc Address: ,
. l .
]. l.cgal Residence
~c~
4. Principal BusineSs Address:
2 .......................
6.
Whal. _ Itoard(s)arc )'oil
il/,
l.is! all City l:Ma:d: ::it whscl': 'yoltT'are ~ill:l~illl~' ,,crvi,'Jg (',~ have p:cviou,dy ,,~ v~'d (l'l-ca.,.c-i,cl]~l,e ~liiE.~- ..........
8. l:'ducaticmal qualifications:
I I l)e,,cribe CXl')m icncc~. '.,kill,, cn knowledge which qualify, yop Io serve :::ti lhi,:,l'::oard: (l'Ica~c ail:ich a
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part
ppoint~ I ma~y receive.
'"~----/ ~,. J,~/0 ' ,)AFl. ~(~ ......
Nol¢: 'l'hi.~ application will I'enlaJn Oll file in lilt ('ily ('lcrk's ¢ )l'l]cc I'm' a pm'iod o1'2 y~a:s froln iht dale il was
submillcd. II will bc file applicanl's rosl~on.~il:ilil). lo ensure Ihal a cmrclll applicalion is Oll file.
ADMI'TI'~D,
PLO~IDA AND NET YOP~
DAVID A. BEALE, P.A.
Law Offices
355 NE 5'~ Avenue - Suite # 1
Delray Beach, Florida 33483
TELEPHONE (~61) Z434477
FACSIMILE (~6~) 243-~166
EM. AlL dab3 8~cornell.¢du
C'I!LLPHON~ (561) 213-20t~0
DAVID A. BEALE
David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School
(,I.D. 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar
(1990) David Beale is a member of'The Florida Bar Association, New York State Bar Association,
and Association of the Bar of City of New York. He belongs to the Entertainment Arts and Sports
Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the
Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the
Intellectual Property Law Section of the New York Bar Association.
Mr Beale has spent his entire career representing the needs of small businesses and their
owners, the sizes of which range from start-ups to companies with $100 million in sales. His practice
encompasses all types of corporate, partnership, employment and commercial agreements, including
leases, property purchases, and financing agreements, as well as all types of litigation that relate
[thereto. He is able to work with clients who have sole proprietorships as well as partnerships and
corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation,
corporate document requirements, employment agreements, shareholder, voting and buy-sell
agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors
fights Mr Beale can give guidance on vendor, service and software agreements, as well as negotiate
and litigate disputes over same.
On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills,
trusts, health surrogates, powers of' attorney, living wills, and probate, real estate, rentals, name
changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a
client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and
estate planning. Real estate closings can take place in his suite, with title work done by associated
counsel
Clients of the firm are found in the areas of banking, publishing, distribution, marketing,
licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non-
profits, party planning, catering, equipment sales and financing, and employee management and
training He has extensive experience in employment law issues, and spends a great amount of time
counseling companies and their human resources professionals with questions concerning
discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If
such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of
employment law issues.
Mr. Beale is outside general counsel to a national and international distributor of magazines
and books, employing over 1500 persons nationally. Mr. Beale has also represented national
magazine and book publishers, and film and video producers, and has negotiated and drafted
contracts for clients that cover every conceivable area of need, including copyright, trademark, rights
acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and
sale agreements.
He also has extensive litigation experience in state and federal courts all over the country in
all related areas, which include infringements of all types, libel, slander, invasion of rights of privacy
and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights
in these areas.
INTELLECTUAL PROPERTY AND MEDIA PRACTICE
David A. Beale is experienced to handle a wide array of issues and problems in this practice
area, including representation of magazine and book publishers, distributors, film and video
producers.
The areas of expertise covered by Mr. Beale's practice include the following:
Trademark and Cop_vfigh~ Practice - This area encompasses everything from
registrations, development, licensing, infringements and unfair trade practices
Experience includes litigation of all types, from the Trademark Office to federal court
actions for infringement action, including the prosecution and defense of preliminary
injunctions.
~ - The firm has extensive experience in negotiating both magazine and
book contracts covering the following areas: publishing fights, printing, distribution,
licensing and fulfillment. ,
Media - The firm can meet all need in this area, including, libel, slander, rights of
privacy and publicity and all other First Amendment issues.
Television and Film - The firm has experience in development and production deals,
as well as performance and location rights. Experience has included the clearance
for production companies for copyright, trademark and location rights.
Mr Beale frequently develops new approaches to issues and problems, advising clients and
litigating on a national level, while remaining constantly aware of the client's desire to remain cost
efficient in today's economy.
EMPLOYMENT LAW PRACTICE
David A. Beale believes the most effective way to handle employment law claims is through
a preventive approach. This means that he will work with each client long before any claims arise.
If a problem surfaces, litigation can be handled in a cost effective and professional manner.
In today's business environment, companies are recognizing that it is essential for an
experienced lawyer to draft and/or review employment policies, procedures and provide training to
all supervisory personnel. After extensive consulting with the client's Director of Human Resources,
or other responsible individuals, in order to determine the problems and issues specific to each client,
Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues
that may arise. These may include one or more of the following areas of employment law:
*Hiring and evaluating employees
*Supervisory training
*Employment discrimination, ~nd harassment
Title VII, ADEA, ADA
*Employee personnel files ~nd right to privacy
*Employee evaluation
*Security issues
*Job safety
*Reduction in force; re-cnsjneerin$
*Compensation & work schedules
*Employee Compensation & fringe benefits
*Employment termination
*Employment contracts & agreements
*Dm8 testing
*No smoking policies
*Disciplin=y prosnuns ~nd procedures
*AIDS
*Family Medical Leave Act
His loss prevention and litigation skills are needed to serve your needs, and work with your
Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No
employer should face today's employment law problems alone. David Beale will always be available
to be your partner in problem solving.
· ~llllf CITY OF DELRAY BEACH
( till, BOARD MEMBER APPLICATION
1993
t3. /.~,al Reside. ace City State Zip Code
,~ 4. ~ip~ B~ss Ad~: ~ ~ S~e ~p Co~c
W~t Bo~s) ~ y~ ifl~d ia
~7. Li~ al~i~ Boa~a on ~,~ you ~ cu~,~ .~i~ ~ bsve p~io~ly ~: ~le~ incl~e da~s)
~uca:ion~ ou~in~tions: ' -
9. List wy ~1~ l:~fessional cc~,~5catior~ and lic~se~ ~ you hold:
10. Give ~our p~s~ Or mo~ ~c~t ~pJ~,~, ~ ~sifi~;
1 !. Der, cri~ e. xperien~s, skills or liaowi~tge which qualify you to serve O~ this board: (?ieaso attach a brid'resumc)
! he'by codify' that all ~.he above statements aR ~e, an~ I eg~e and unde~and ~ha~ any
ml~a~fment of ma~ertal ~ ~n~lne~ in,~is eppll~ofl may ~use ~ef~u~ u~n my pa~
*' RECEIVED ~ ~,~Ol
"~'~ rE B2,200, '
submi~d. It ~ ~ te ~plic~t's respo~ W ~ ~t a ~nt a~li~oa ~ ~ ~le.
EODEET G,. CUI~I~IE, ^1^
~enior Desioner
I~.obert G. CuPric ie the ~undine pHncipal ~the arch~ural firm
G. CUEEIE FAETNEE~HIF, ~orm~rl~ ~obe~ G. Cupric & Ae~oc~5 AiA,
and Curtis ~chne~er As~oc~, AI~ P~ ~ca~ since ~ 1969 ince~ion
In Oelray D~ch, Flor~a. He r~iv~ a Ma~r in Arch~ure ~om Haward
Un~e~y, Grad~ School ~ Oes~n in 1965 and a Dachelor
Arch~ure ~om the Un~e~y ~ Minnes~ in 1962. Mr. Curtis
ce~ a~ an arch~ural pr~es~ional ~ NCARD and ha~ b~n r~Is~r~
in ~ ~ E Flor~a, Con~cm, IIIi,oie, ~achu~, Maine, New
Ham~hire, ~hode I~nd, 5o~h Carolina and ~rgin~.
· NCARB.
E~UCAlION
· 5ach~tor of Archlt~'tu~, 19~2
· Ida~ter In Archlte_z~z~. 19Co~
Harvard U~v~
Over the coume of hie professional ~areer, Mr. Curric has planned and
designed virtually every proje~c type, including municipal, public assembly,
residential, commercial office, hospitality and hietorlual restoration
facilities, in both the United E~ates and abroad. His knowledge of
International design and construction was developed through project~ in the
Middle East, Australia, Central America, China and the Unlted Kingdom. In
addition, he ~aught at the Unive~ity of Sydney (Australia), the Unive~ity
of Miami (Florida) and Florida Atlantic University.
Mr. Currle's goal is to create project~ in which the client's success ie
achieved in both aesthetic and budgetary terms. I~mh some forty design
awards to his credit, Mr. CuPric ie the firm's principal designer and
responsible for projects through the design development pha~e. In 1990,
he received the American Institute of Architect~ Palm l~each Chapter Award
of Honor for Design for his contributions to architectural design. More
recently, the firm was honored a~ the Firm of the Year 2000 by the Florida
Association of AIA.
_~"~'i'~ CITY OF DELRAY BEACH
' BOARD MEMBER APPLICATION
Please type or print the following information:
1. Last~Name:: Name Middle Initial
2. Home Address:' City State Zip Code
3. Legal Residence City State Zip Code
4. Principal Business Address: City State Zip Code
6. What Board(s) are you interested in scrvi_ng? .
· .} · .
7. List all City Boards on which you are currentl~ ~erving oi have pre~}iously sewed: (Please include dates)'
8. Eduational qualifications:
9. List any related professional certifications and licenses which you hold:
10. Give your present, or most r,cent employer, and position:
i !. Describe expcrienee~, skills or kno~vledge which qualify you to serve on this board: (Please attach a brief resume)
~_,Lb:-~...i,,,~ ._1 ' ' '
I hereby certify that all the above statements are true, a'nd I a~ree and understand that any
misstatement of mater/a/facts contained ir~t'~:.s.~~o~.)ma¥ cause forfe/ture upon my part
s,~^~.z (~ CITY CLERI~^~
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.
1995-1996
1989-1993
1985-1989
-Janine Dabrmy-Batfle
Fax 561.637.8176
~ Phor~ 561-637-6,776
Ltcensed Mor~gage Broker, The Addison Montage Gro~
Top producing Senior Loan Officer $ l I Million in closed io~ files y~r.~o-date. Loan files
include residential conformin~ ~on-couformin~, VA ~ FHA u ~ u ~.
Responsible for ~e pricin~ ami ~e of"bulk" ~ ~1.. Authorizat ~o employ
Responsible for the mpervision o£the Sub-prime le~ns division. Duties included the
~ting S,pen,/sor, N~/.,e~ng Ce~er
Responsible for ,upewish~ and ~ · re. afl of'tm U~I~. ~ li~
underwriting of No~xa~nming (B/C) ~ ~mamicatio~ wi~ 1~ ,ges forc~ pro,~.~.sors
~e Trainin8 & PLucemem
L. ord/Prope Mm Se,-
Cemmy 21 lteal Team P. mdry 11, F.,~.,y Biscayne
DuaI Major. BSBA tn Finan~ and Rtal F.s~te, Ohio ~ta~e University
· Board Member, Delray Rocks Youth Or~m~on
· ~~&~~,~yP~ ~.
~, ~ ~~ ~~e B~
· M~, ~ ~~ ~~
· ~,~~C~of~
· M~, B~ B~ ~ ~~
~, ~~~eW~
· ~,~~~~A
· Como AperUb.~ 24 Lu~ sparUneni b,.'ta;~
. Jmmin Wdi,u. 2S u,~ ~ motel
Please vype or print ~ f, oliowing i~o~:
1. Last Name~:
Eliopoulos
2. Hon~
314 NW 7th Street
3. Legal.Residence
same
205 George Bush Blvd.
. 5. Ho~Phone: 243-9~ 96
~ 6. What Boa~s) ~ you in~ ~ se~in~?
Gary
C|D'Delray Beach, ..
State
"' FL
, Ci~ State
Chy
Delray Beach
'1 ~us~ess Phone: 276-6011
I
CRA
Middle [nid,d ]
e-.____]
State
FL
· Fax:276-6129
List alt City Boards on which you ~u~ cur~nfly ~r~ing or have previously serve: (Plcasc includc da:es)
Planning and Zoning - current
~i0nsl qualific~ions:
see resume
9. Li~ any related pr~f~sional cenifica~ons and !icenses which you hold:
Architect, certified Florida, NEARS, A.'r.A.
10. (live your present, of most recout employer, and ~sition:
Eliopoulos I Associates, Inc. - Principal
11. Descri~ e~pefi~, skills or ~owled~ ~ich q~i~ y~ m ~e'~ ~his b~. (?l~e attach a bfief~mne)
C
' ! hereby c~7~~~.he above statements are true, an~l I agree and undersZ'and rhaC any
FETWa~e~e,n~~ mater~al ~ ~n~alned In thfs appli~Uon may ~u~e ~elture upo~ my
,~FS-~l~.~--~iication will m~min on file hn-~e City Clerk's Off:ice for a period of 2 years from the
submirtcd. It will be the applicant's rcsponsibi~~~ ~:urreat application is on filc.
tAY 1 6 2000
CITY CLERK
GARY P ELIOPOULOS
CURRI~~ VITAE
PRINCIPAL
Mr. Eliopoulos has been practicing archiiecture in the state of Horida since 1985, chuing which
time he has developed an acute portfolio of work and knowledge pertinent to hospitality and
commercial development.
EDUCATION
PRATT INSTH'Ur~
Bachelor of Architecture, 1985
PRATT INslH'U'r~
Special European Studies program, January - June 1983
HARVARD UNIVERSITY SCHOOL OF ARCHITECTURE Continuing Education
Program, September 1979- June 1980
REGISTRATION
Architect: Certified: Florida 13894 NCARB,//AR 0013894
PROFESSIONAL AFFILIATIONS
Vice Chair
Vice President
Member
Member
Former Chair
.Former Member
City of Delray Planning and Zoning
Pineapple Grove Main Street
School Advisory Council, Pine Grove Elementary School
Design Guidelines, Pineapple Grove Main Street
Large Home Task Force
Leadership Delray
EXPERrF~NCE
Mr. Eliopoulos has an extensive portfolio of experience and knowledge pertinent to project
management and multi-discipline team coordination for a variety of project typ~. His
experience with local, municipal and federal agencies in the areas of code research and
interpretation, construction document development, project implementation and ability to
coordinate with a multitude of consultants insures that each project is delivered w/th optimum
efficiency and thorough detail with design.
Most recently Mr. Eliopoulos completed prelimim~-y design for the Chambers Professional
Center, a $4 million, 75,000 square foot project, this project is expected to be completed in the
Fall of 2000.
Other experience as a former partner with the Robert Currie Parlnersh/p, to Mr. Eliopoulos'
cred/t, included his management responsibilities on the $8 million St. Andrews Country Club
expansion and renovation where he managed a multi-discipline team of consultants and
contraaors as well as an extensive permitting effort over a three year period. Mr. Eliopoulos
also served as the project manager for the U.S. Embassy in Beijing where he worked closely
with the engineering team and representatives from DOS' IDF and arehitoctuml divisions to
produce and manage the projects $3 million interior renovation.
Prior to his position with the Currie Pannership, Mr. Eliopoulos served as primary architect for
one of the east coast's most successful commercial/hotel developers. While associated with
Ocean Properties Ltd., Mr. Eliopoulos was responsible for preliminary site and building design
for hotels, offices, retail centers, restaurant and multi-family projects, as well as mixed use
projects. The diversity of Mr. Eliopoulos' experience is further defined through his involvement
with the site plan approval applications, presentation drawings, development of contract
documents, on site project administration, and CAD proficiency.
ELIOPOULOS & ASSOCIATES, INC.
RELATED EXPER~NCE
HOLIDAY INN, HIG~ BEACH
This 200 room hotel project will include an interior and exterior renovation to
encompass a contemporary design. The estimated budget is 1.2 million with a
completion date of Spring 2000.
SUNSET KEY SPA, KEY WEST, FLORIDA
Currently in the preliminary design/site plan approval phase, 6,000 square foot health spa
with a Polynesian theme, surrounded with water features located on the island of Sunset
Key, is scheduled to be completed Spring 2001.
BAR HARBOR BEACH CLUB, BAR HARBOR, MAINE
This new 80 room hotel project will be a nautical design in which the site is situated on
the hill overlooking the harbor. Currently in for building permit, with a completion date
set for Fall 2000.
~E MERMAID RESTAURANT, DELRAY BEACH, FLORIDA
This 3,000 square foot renovation of the old Howard ~Iohnmn smicture was started in
July 1999. It involved gutting the existing sUuclure and incorporating a tutor style of
architecture for the exterior. Completed in December of 1999, with a budget of
$360,000.
SOLOMON D. SPADY MUSEUM, DELRAY BEACH, FLORIDA
This historic residential s-uucture is currently in for building permit, in which the existing
structure will be converted into a early setters museum, featuring historic period
gardens. Scheduled to be under construction March 2000, with a estimated budget of
NATIVE'S B.AUAMIAN RESTAURANT, DEl,RAY BEACH, FLORIDA
Consists of the renovation of two swucmres connected with courtyards and thatch huts
for a authentic Bahamian island experience. The restaurant is approimafly 3,000 sq. ft.
and seats 290 persons, scheduled to be under construction May 2000, with a estimated
budget of $800,000.
SUITES HOTEL, DELRAY BEACH, FLORIDA
Currently in the preliminary design/site plan approval phase, this 78 suite hotel located
at Waterford Place, is scheduled to be under construction Fall 2000.
MARRIOTT, SALT LAKE CITY, UTAH
This is a full service hotel with 450 rooms and will be a joint venture with Ocean
Properties Interior Design Group. The scope of sentices provided by F_~A will only
encompass interiors.
HOWARD JOHNSON HOTEL, ORLANDO, FLORIDA
Th/s is the first phase of a inter/or renovation which encompassed a 14,000 s.f. lobby,
banquet facility, lounge, and administration areas. Completed/n Spring 1999.
BENVENUTO RESTAURANT, BOYNTON BEACH, FLORIDA
This is a 23,000 s.f. restaurant with banquet facilities that was completed in December
1998. The scope of services for this project was limited to interior design and
construction adminisWafion.
WESTON OUTPA~ CENTER~ WESTON, FLORIDA
This two story, 40,000 square foot medical office buildings shell was completed in
November 1998.
'DOWNTOWN OFFICE BUH,DING
This 40,000 square foot mixed use office building in downtown Delray Beach, is in it's
second phase of construction. The shell was completed in the Spring of 1998, at an
estimated budget of $3 million.
BELLING EMBASSY, BELLING, ~HNA
The interior renovation of this 54,000 square foot American Embassy entailed retrofitting
a 1947 office building to meet the stringent requirements of the U.S. State Department,
while simultaneously redesigning the entire interior with a contemporary theme.
Currently out for bid, with a completion date set for Spring 2001.
DELRAY BEACH CITY HALL RENOVATION
Involvement included job awarding presentation to City Commission for the proposed
envelope enclosure. Responsibilities involved designing a fauctxtre that would be able to
be constructed while allowing the city to maintain normal operations.
ABC CARPET AND HOME, DELRAY BEACH, FLORIDA
Full interior conversion of this 58,000 square foot warehouse to an interior showcase.
Project was completed in D~ember 1996 with a budget of $1.2 million.
Selected examples of hospitality project experience include:
CAT,~I,INA CENTRE HOLIDAY INN, Boymon Beach, Florida - a 120 room property
with full restaurant, conference and lounge facilities.
SOUTH PORTLAND MARRIOTt, South Portland, Maine - a 287 room property with
full service amenities.
ANDOVER MARRIOTt, Andover, Massachusetts - n 332 room property with full
restaurant, conference and lounge facilities.
PIRATES COVE HOLIDAY INN, Paradise Island, Bahamas - a 600 room full service
resort property.
HOLIDAY INN ~, Chinle, Arizona - a 120 room property with full restaurant,
conference and lounge facilities.
MARRIOTT, Bar Harbor, Maine - a 160 room full service prolx'rty.
FAIRFIELD INN, Bangor, Maine - a 200 room property with full restaurant and lounge
facilities.
FAIRFIELD INN, Phoenix, Arizona - a 200 room property w/th full resumrant and
lounge facilities.
Additional selected examples ofMr. Eliopoulos' retail and commercial projects include:
Pete Rose Ballpark Cafe, Boca Raton, Florida- Attached to the Holiday Inn Lakeside,
this 14,000 square foot restaurant averages 1,300 lunches/dinners each day. In addition
to a 200 seat restamant, the facility also house one of the area's most successful video
Pete Rose Ballpark Caf~ Boynton Beach, Florida-Attached to the Holiday Inn Catalina,
a lake-off of the Boca Raton restaurant, this one is 7,000 square feet, with giflshop &
St. Andrews Clubhouse, Boca Raton, Florida-Completed in 1996 this 120,000 square
foot renovation included sports shoppes, health club/gym, restaurants & many other
social facilities.
Lakeside Center, Boca Raton, Florida-Completed in 1989, this 165,000 square foot (tilt-
up construction) retail complex conmin.~ Service Merchandise and Marshall's ns its
anchor tenants.
l)elray Crowing, Delray Beach, Florida- This 1 $0,000 square foot retail center was
complete in 1990 with Ross, Target, and Office Max's ns anchor tenants.
Builders Square, Delray Beach, Florida- Part of the master plan of Waterford Place, was
completed in 1993, was tilt-up construction of 120,000 square foot warehouse/retail.
Catalina Centre, Boymon Beach, Florida- Was a PUD that involved 250,000 square feet
of retail, a 400 unit apartment complex (Savanna Lakes) & a 160 Holiday Inn Hotel.
The Hibiscus Restaurant, Palm Beach Gardens, Florida- This 18,000 square foot
restaurant was completed in the summer of 1998.
Ostermann Sausage Co. Delray Beach, Florida- This 18,500 square foot, food
processing plant was a renovation that involved converting a 1950 abandon howling alley
into a FDA approved plant.
The Coffee Beanery, Coral Sprin~, Florida- This 2,000 square foot coffee shop
was completed in the summer of 1998.
The Haitian Museum, DeL-ay Beach, Florida- This 1,000 square foot museum with
memorial tropical gardens, is schedule to be co~ by ~ber 2000.
D 12:38 FA/ ~el 243 3??4
CHAMBER COMMERCE
CL.ERIi
PAGE
O2
1~002
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
pc or prim .the followi_'ng information:
E'
Board(s) ~re you in ~rving?
(~
you ate ~dy '
serving or have p~viousl~
S;
State
State
I:~Jgnt, or mo~
experiences, you to
certify that ell the above statements are true, 'e'nd'! agree and understand that a,
of material facts cont~*L~i~ a~p~lication may cause forfeiture upon my
~^TE'' I /
CITY CLERK
[. It ,will be the applicam's respo~ibility to g~ure thai a c~,rrent application is on
tw~.s
JOSEPH E. FERRER
1420 North Swinton
Delray ~each, FL 33444
(561) 976-8085
OBJECTIVE
Provtd¢ adminidration leadership for a comme~iai or nonprofil organization to ,~rengthen
community / public image and fiscal position, through priority plannin~ innovative
markctin8 and the ¢¢ablishment of private / public sector rtLafionships.
QUALIFICATIONS & EXPERIENCE
Twenty fi, vt y~ars of results-oriented expa~enc~, with eqeflts~ in th~ followin~ ares-.
~dmini~tien IV~ma~ent
Firmnci~! Analysis a~ Itudeettn~
Busings anti IV~rk~n~ Plan Development
Capital Prelect Sul,t'w'i~on
Personnd Hiring and Trainin~
SL/NSET ENTERTAINMENT GROUP, INC.
Deiray Beach, Florida
1997 o Present President and Owner
Czta~e IVla~¢nL JVlatketing and Production of the Performi~ Art~ in
South Florida. with concerts at Florida Al[antic University, Coral Springs City Centre,
Rayal Poinciana Playhouse, Dtlray Beach Tennis Center and Kravis Cenler. Include
taJcnl selection and programming, conlrad nelloliations, advetttsir~ devdopmenL
devdopm~nt of all print and suppmt materials, public ~lations and technical coordination
for artisls riders.
Marketing CoordinaUon, Advertising ~pmen! and Ticket di~butlon for the
Boca Museum of Art - Rznoir Exhibit, 1999.
· JlUlJ~$s ,A, dmJnisll~florl arid IVlatkefirlg for an alternative health clinic I%&ew Port
I~ichey, FL The staff included ~ 0 medical doritos and 15 health ~upport staff.
De,loped and produced It~/Vlarketing and Fun&aising tVlanual for thc Florida
/v~ain Strtd. a ~ of Ihc Bureau of Historical Preservation, .Slate of Rorida. This
manual was distributed to av~r 80 h4ain Sltett communilfe~ throughout lite State.
5~.,12788555
DB CHAMBEP, COMMEP, CE
PA~SE
PALM BEACI--I POPS - P~lm ~.ach, Florida
FLORIDA SYMPHONIC POPS, INC.- ~ I~on, Fbrida
1999 - 1997 Present and Chid Executive Offim
= Ovt~U business and fis~al administration of a non-profit culbaaZ performing arts
orgenization, indud/r~R an 86--piec~ orchestra, 10 gaff and :~3 member volunteer Board of
Directors. Rz41~ playing standards of musicianship and partidpated in su~sful union
neRo~tions. Supewiscd expansion, restructuring and adolXion of new corparat¢ by-Laws.
· De,doped multl-yur business plans to address ~ls of fiscal stability and revenue
~awth and neeolMted and Implemented finalized contracts for local and national talent
within the ~uJdeli~s established by ~ulatery afendts governing privak, ~or~oflt
· Spmrheaded masler fund-~ising structure for individual donations. SUlaXXt ~roups,
private foundation ~ifls, small business and corporate conh'ibutions. W?ole and pre.~nled
frant requests for operational furafin~ tolaling ever $~60,000 annually.
ZOOLOGICAL SOCIETY OF FLOIUDA / MLAMI METROZOO
Miami, Florida
1989 - 1999 o Execgt~ Vk~ P~d~t, Director of Dr~lapment
K4anafled staff of 6:~ and a 3S-member volunteer board of tilter'tars. Ensured that
organization operateg at peak producttvtly and conducted its flnam:Jal affairs in
accordance with standard buslncss practices.
Fostered th~ society's expansion from a ~ross revenue base of St00,000 in 198~ to
more than $ 6 million in 1999, via development of a master fundraLdn8 drudure fro'
individuals, foundations, corporaltons and endawmcnts.
· Supervised mort tl~n $lS million in capital im~vement proiects at lVlclroZ~,
induding bid negottattom for con.~ctJon contracts, on-site management, and on..goin8
maintenance prot~t'dflls,
· Enginee'ed membership cxlmnsion from 1,800 to more than 65,000, and
established tl~ Sodt,~ as owe of thc reRion's premier non-profit organizations.
-04 / 19/2001
5612780555
I'B CHAMBEP~ COMMERCE
PAGE
BELCHER OIL COMPANY
Miami, FiorJd~
1980 - 198s~ Director of Public Relations and Qovemment Affairs
· De,doped and implemented multimii~ion-dollar annual budgets and marketing
plans encompassing public relalions, corporate communications and adve'Tltsing.
' Coordireled all media conlacts, Ol~rating bom terminals tinkering e¢oeraphic area
ranging from Boston, ~ to Corpus Christi, TX.
* Acted as liaison I~tween federal and state legislators regardinl~ matters conceminl~
the oil induslry. Maintained a positive and productive working relationship vdth
r~ulatory llovemin~ agendes.
UNITED WAY
Miami, FL, New Yo~, NY, Washinfton, DC; Qriffith, IN
1974 - 1980 Senior Cdmpaifn Manq¢~ for FundrdisinE / Al~ency Dcv¢lopmcnt and
Bud~elfnR
· Developed multtmillior~oilar caml~i!lns in four major metropolitan ar~.a.¢,
workinll closely with volunk,~r boards and civic lead.s to implement ~rnbitious employee
and corporate ~und--r~sinl~ pro,rams.
MEMBERSHIPS
Slate of Florida Cultural Affairs Re, dew Committee
Public Rdations Society of America
Florida Press A~r. ociation
Board of DJrtdor of Ibc Mtnlal Health Assodation
Florida Chaml>er ~-ask Force on Crim(
Miami Cnm¢ Commission
Commission on Race and i~lJgion / Methodist Church
National Association of Fund Raisers
,American Association of Zoos and ,~:luariums
EDUCATION
Indiana University, 1974, J~4S- Public Affairs
Ir~diana Univt, rsily, 1972, B~ - Hidory
REFERENCES
Available upon request
Bilingual - Sponish
O5
CITY OF DELRAY BEACH
1993
Please type or print the iollowin~ iniomlafion:
1. L~ ~am~: - Name Ni I.
Gaptnski Scefanie
2. Home Address: City State Zip Code
590 Lavers Circle #235 Delray Beach FL 33444
3. Legal Residence: City State Zip Code
4. Prig. dpal Business Address: City State Zip Code
5. Home Phone: Business Phone: Cell Phone: E-Mail Address: Fax:
561-276-4152 561-297-0035/ 561-302-0595 gapinski@fau, edu 561.-.297-2058
6. Are you a Registered Voter?,a ., / If so, where are you registered?
7. What Board(s) are you inte~sted in serving?
Affordable Housing Advisory Committee, Community Redevelopment Agency,
Downtown Development Authority
8. ~ all CAy Boards on which you are currently serving or have previously servec~ (Please inducle dates)
9. Educational qualifications:
~,$C, - ~t, Bonaventure University~ NY - 1969
10. List any related professional certifications and licenses which you hol&
Flori.da Dept. of Insurance: Health; Life and Variable Annuity license
11. Give your present, ormostr~em~nployer, andpog~on: Coordinator of Public Functions,
T~n~-~t-~,~ ~_ grhm~dt Cn]lm~'m nf A~tm ~d I.mtt~rm. Florida Atlantic University
12. Describe experiences, skills or knowledge which qualify)cra to serve on this boar& (Please attach a brief resume)
While living in Canada, I served as a member of the Board of Directom of the Independen
Living Resource Centre and a member of the marketing and public relations committee of
tha St. Boniface General Hosoital Research Foundation.
Note This application will remain on ~e in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the toe, are
applicant's responsibility that a current application is on Cie.
~c,~c~ax~o~mc^j,oN
RECEIVED '
NAY 0! 2001 /, --
CITY CLERK
STEFANIE GAPINSKI
SUMMARY OF QUALIFICATIONS
· A speri,!ist in public relations, marketing and communications, with experience in marketing story ideas
to the news media as well as leadership development programs to universities.
EDUCATION
St. Bonaventure University
B.$c.
PROFESSIONAL EXPERIENCE
St. Bonaventure, NY
1998 - present Florida Atlantic University Boca Raton, FL
Coordinator of Public Functions, Dorothy E $chmidt College of Arts/Letters
· Responsible for the visiting scholar program, Ph.D. program administration, fundraising.
1992 - 1998 University of Manitoba Wmmpeg, MB
Assistant Director, Centre for Hi&her Education Research and Development
· Responsible for the organization, marketing, and management of leadership development programs for
university administrators from around the world; as well as for the overall management and operation of
the Centre.
1992 University of Manitoba Wumipeg, MB
Assistant to the Executive Director, University Relations Division
· Seconded to handle special projects as assigned by the President of the University of Mamtoba.
1984 - 1992 University of Manitoba
lnformatton, Community and Mech'a Relations Officer
Winnipeg, MB
INTERESTS AND ACTIVITIES
Volunteer work in the Dominican Republic through Orphanage Outreach; fitness; challenging my physical
and mental abilities by bungee jumping and white water rafting; stain-glass artistry; cooking and entertaining.
ACHIEVEMENTS
Reapient of a University of Manitoba Outreach Award for contributions to the community-at-large and for
efforts to increase contacts between the university and the general public.
Appointment as the Province of Manitoba media liaison for the Canacli~n Governor General's 1992
Centennial Celebrations.
Fellowship recipient from the Council for the Advancement and Support of Education District V, the only
representative from Canada out of 10 recipients awarded the fellowship that year.
Member, Marketing and Public Communications Committee of the St Boniface General Hospital Research
Foundauon, Winnipeg.
Member, Board of Directors, Independent Living Resource Centre, Winnipeg.
Recipient of a $2,500 grant to continue volunteer work in Dominican Republic orphanages in 2000.
$90 LAVERS CIRCLE #235 * DBLRAY BEACH, FL 33444
PHONE 561.297.003S * FAX 561.297.2058 · E-MAIL GAPINSKI~FAU.EDU
Stefanie Gapinski
Stefanie Gapinski is the Coordinator of Public Functions in the Dorothy F. Schmidt College of Arts and
Letters at Florida Atlantic University, where she administers the Ph.D. in Comparative Smd,es Pubhc
Intellectuals program, oversees the visiting scholar program, and is involved with fundraising for the Ph.D.
program.
A specialist in public relations, marketing and communications, Stefanie received her Bachelor of Science
from St. Bonaventure University. After receiving her degree, she moved to Canada where she worked over
20 years at the University of Manitoba, holding positions such as the Information, Community and Media
Relations Officer; Assistant to the Executive Director, University Relations Division; and the Assistant
Director, Centre for Higher Education Research and Development.
Throughout her career, Stefanie has received muny distinctions. She was the recipient of a University of
Manitoba Outreach Award for her contributions to the community-at-large and for her efforts to increase
contacts between the university and the general public. She also received a fellowship from the Council for
the Advancement and Support of Education District V, the only representative from Canada out of 10
recipients awarded the fellowship that year. In 1992, she was appointed as the Province of Manitoba media
halson for the Canadian Governor General's Centenniu! Celebrations.
Stefanie believes in the importance of giving back to one's community, and so she has volunteered her time
for organizations such as the Boy Scouts of Canada, a hospital cancer research foundation, a food bank, and
the independent hying movement for persons with disabilities.
Lately, her volunteer efforts have focused on under-privileged children in developing countries. Since 1999,
she has worked at two orphanages in the Dominican Republic: The Hope of a Child Orphanage in
Montecristi and The Good Samaritan Orphanage in Esperanza. In January 2000, she received a grant to
continue her volunteer work in Dominican Republic orphanages.
Stefanie's strengths lie in many areas: organizational ability, interpersonal communications, marketing and
public relations, and financiul aptitude. She is a person with an "I make it happen" attitude who has the
ability 'to get things done."
Max H. Kirsch
Director
(561) 297-2874
FAX' (561) 297-2058
mkirsch~fau.edu
Stefanie Gapin~ki
Coord~stor of
Public Functions
(56t) 297-0035
lAX: (56~) 297-2058
saPa~a~'u'~I~Ax CORRESPONDENCE
561-243-3774 (4 pages)
FLORIDA ATLANTIC UNIVERSITY
777 Glades Road
P.O. Box 3091
Boca Raton, Florida 33431
The Dorothy E Schmidt College of Arts and Letters
Ph.D. in Comparative Studies: Pubhc Intellectuals Program
Teresa Brenna~ '
Cm-ricxflum Designer
'COPY
May 1, 2001
Patricia Warren
Executive Assistant
City Clerk's Office
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Dear Patricia,
I am faxing my board member application, along with a resume and biographical
statement. (I also put these documents in the mail.)
Let me know if you need anything else.
Stefanie Gapinski
Boca Raton · Fort Lauderdale · Dania Beach · Davie · Jupiter · Po~t St. Lude
A Member of the State Universay System of Horida
An Equal Opportunity/Access/A_ffirmalave Action Institution
BOARD MEMBER APPLICATION .'-"..~O~~a-.~ ~
1993
Please type or print the following information:
1. Last Name::
GILLESPIE
Name
ROBERT
Middle Initial
A.
2. Home Address: City State Zip Code
460 SHERWOOD FOREST DR DELRAY BEACH FL. 33445
3. Legal Residence City State Zip Code
&60 SHERWOOD FOREST DR. DELRAY BEACH FL. 33445
4. Principal Business Address: City State Zip Code
1008 Z. ATLANTIC AVE. DELRA¥ BEACR FL. 33483
5. Home Phone:561_638_8697 Busifless Pho~fi_278_2628 [ Fa~1_278_8688
6. What Board(s) are you interested in serving?
NUISANCE ABATEMENT BOARD
7. List ali City Boards on which you are currently serving or have previously served: (Please include dates) NONE
$. Educational qualifications:
ATTENDED 2 YEARS COLLEGE - DICKINSON COLLEGE, CARLISLE, PA.
List any related professional certifications and licenses which you hold:
REAL ESTATE BROKERS LICENSE
10. Give your present, or most recent employer, and position:
GRINGL~.~ DOHERTY & WHEAT, INC. BROKER-SALESPERSON
! 1. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
5 Years experience in Real Estate. Hany years experience with the Public.
See brief Resume attached.
hereby certify that all the above statements are true, and I agree and understand that any
misstatement of, ma. terlal facts cortfp~q~.i:Olt~.~)plication may cause forfeiture upon my part
af ~ppointm'e~t I mq~,4'eceiv~ : '
~__~~/'/i '/'~/- - '"'"'"--: t,:.-"" 1 2 2101
,/
SIGN^TUR. E d CITY CLERK DATE
te:
This application will remain on file in the ~ity 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.
$~CITYCLERK ,BOARD APPLIC ~TIO~
Robert A. Gillespie
460 Sherwood Forest Dr.
Delray Beach, Florida 33445
$61-638-8697
Office 561-278-2628
Late 19941 temporarily relocated to Highland Beach from the Philadelphia, PA area until I
found a permanent place to live. Last year I moved to Sherwood Forest and after settling in
found that I wanted to help in the community. Below you will find a Brief resume.
]953 - ]972 Employed in the Investment industry in Philadelphia and Los Angeles, California in
various position. These progressed from Cashier, Department Manager and Sales to Operations
Manager and an officer of a member New York Stock Exchange firm
1972 - 1994 Worked in the Automobile profession starting in Sales and leading to Finance
Manager, Sales Manager and General Manager of Import and Domestic Dealerships.
January 1996 to present as a Sales Associate with Gringle, Doherty & Wheat, Inc. Realtors in
Delray Beach Although I obtained my Real Estate Brokers license I still remain as a Broker
Salesperson with the firm.
BOARD MEMBER APPLICATION
1993
' ~he followi~inform~o--.
Not~ This application w~l remain on file in the City Clerk's Office for a period of 2 years from the &t,e it ~,~
submiued, h will be the applicant's r.po~ility to ensure th~ a current app~_~t~n is on file.
RECEIVED
NAY 0 1 2081
CITY CLERK
® BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name:: Name Middle Initial
M~n31o:l.n Ri. chard A
2. Home Address: City State Zip Code
2275 N Swin~on Ave Delray Beach FL
3. Legal Residence City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: 561.-276-5468 Business Phone~61_274_6468 . Fax:
6. What Board(s) are you interested in serving?
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
8. Educational qualifications:
9. List any related professional certifications and licenses which you hold:
10. Give your present, or most recent employer, and position:
Self-employed
! !. Describe experiences, skills or knowledge which qualify you to serve o'n this board: (Please attach a brief resume)
See A~ached
I hereby certify that ali the above statements are true, and I agree and understand that any
misstatement of rnateria/ facts contained in this application may cause forfeiture upon my part
of any appointment I ~y receive. RECEIVED
H&Y 0 8 2001
SIGNATURE " ' DATE
GIIY GLERK
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~CITYCLEKK'~OARD'~d~PL lC ATION
APPLICATION FOR CRA BOARD i'vTr2VIBER
Richard Mc'Ok)in
#7
Pheapple Grove M~in Street
Board of Directors Oct. 1996 through Sept. 1999
Chairman of Artwalk Committee - Oct. 1999 to Present
Downtown Merchnu nd Busineu A~ochtJon
Bom'd ofDirecton - Jan 1999 to Present
1996 City of Deh~y Compre~mive Plan Review
Committee for Parks and open spaces
Sesereat Homeowners AnocLttion
Board of Directors - June 1992 throu~ June 1997 and
April 2000 to Present
Southrid~e Homeowners Association
Board of Directors - January 1997 tkough JmmAry 1998
Mayor's Taskforce for solutions for the Athntic ~ / Seacreat property 1996 &1997
#11
My 30 year business career includes: Electrical Engineering Division VI) for Greyhound Corporation and a
successful small business owner. This variety of positions has given me excellent experience in
interfacing, supervising and creating a consensus with a broad range of people.
My term on the Board of Directors for Pineapple Orove Main Street was as Business Coordinator. I
worked with the Prosram Mann&er (Tom Fleming & Lou Waldmann) and the other board members to run
this orga~zation in a business like manner. This position required personal interface with the business and
property owners within this district and many presentations to the City Commission and CRA board.
In January 1999 the Downtown Merchants and Business Association was restmcUu~ with many new
board members added. I was invited to sit on this board due to my familiarity with the business issues in
Delray both fi.om a Pineapple Grove view~int and as a property owner on East Atlantic. My term has just
been extended to January 2002.
In 1995 1 was a member to a committee to review and suggest changes to the city comprehensive plan.
John Johnson was the city staff member who chaired this committee.
In 1992 1 worked with bis. Dabo~ Dowd to establish the Seacrest Homeowners Association, a voluntnry
membership neighborhood association. I have been actively involved in the 'neighborhood plan" since it
was first conceived is a joint meeting with the city manager, the plarming and zoning director and several
Seacrest board membetx. I have recently rejoined the Board of Directors.
As a property owner in the Woods of Soutkid~ I joined their Board of Directors at the time when it was
imperative for the stability of that neighborhood to show property improvements. Pan of that project was
working with the city on the plan to change the streets from private to city owned and add the
improvements necessary to promote this area as a strong viable neighborhood.
ARer requests from the Seacrest Homeowners Association, Mayor Jay Alperin formed a t~_ak force that
included city, county, Atlantic High and neighborhood members to search for a solution to the blighted
property to the west of Atlantic High School. This task force formulated the "field house / 8ynumium"
concept and lobbied to make it become a reality. I made many presentations to the city conunission,
county commission and school board on behalf of this project.
It is this combination of business and civic experience which make me well qualified to be a contributing
member of the Delray Beach CRA Board of Directors.
I)~I.'IO~Y BF.~CH
~ BOARD MEMBER APPLICATION
~. ~egal R~i&nce: City ' Stye '- Zip C~e
5. ~me Phone: ' B~ess Phone: E-M~ ~ess: ~ Phone: F~:
6. ~ ~d(s) ~e y~ ~ed ~ ~?
~~ APR 1 8 2001
Please follow~ in/ormatlom .
Note: This application will remain on file inl.~e~i~y~e~'&Qfice for a period of 2 yea3~' from the .daze it was
submitted. It will be the applicant's r~Jn~~e that a current ~pplicafion is on file.
Jamea M. O'Brlen
1920 South Ocean Boulevard Unit # A
Delmy Beach, Florida, 33483
ObJ~c~va:
To utilize my experience in a rewarding Executive/Managerial position in
the field of Commercial Real Estate Management, Leasing and/or
Marketing.
Real Estate Broker, Massachusetts
Real Estate Salesperson, Flodda
BO.MA. Past President, South Florida Chapter
Residence Telephone #: (561) 276-3700
Cellular Telephone #: (561) 441-1774
Eduction:
Milton Academy, Milton, Massachusetts
Tdnity College, Hartford, Connecticut
BA History
Profeesion~l Skills:
8umnmry:
Over thirty (30) years of hands-on experience in Property
Management, Leasing, Marketing and Tenant Improvement
Construction Coordination in the Northeast and Flonda markets.
· Primary focus on Office, Indus~al, Retail and Mixed-Use properties.
· The management of asset portfolios with a diversified product type
and quality.
· The management and supervision of fee managers and leasing
personnel as well as directly employed managers and leasing
agents.
· The development and implementation of asset redevelopment and
enhancement programs.
· The development and implementation of investment plans and the
on-going management of investment and operating budgets.
Profmio~l Experience:
lf~.Pr~ent
M.O.R. Property Management
Executive Vice- Preeidem
De;my Be. ch, Rod;Il 33483
BeachPlace, General Manager
Fort Lauderdala, Florida
Responsibilities included the overall day-to-day management of a
100,000 square foot Entertainment Center with an attached 800 car
Parking Facility and a 44:)0 room Marriott Vacation Club International.
Primary functions included the fostering of strong Tenant relations as
well as the retention of desirable Tenants compatible with the
Entertainment Center concept. Additional responsibilities extended to the
production of maximum net revenues, cost control and analysis of the
operating statements to enhance ways to improve on revenues and
control of costs. Oversee the internal accounting, marketing, security,
janitorial and general maintenance of the Center.
Codina Real Eitate Management, Inc., Vice-Preticlent
Coltl Giblet, Florida
Responsibilities included the management of an existing portfolio of
Commercial Real Estate properties, Investment Sales; Syndication of
New Partnerships and coordinating the formation of new Joint Venture
projects for the Codina Group and its affiliates.
PFK Realty Servicee, Mc., Plrtner
Fort Lluderdalo, Florida
Director of Management, Leasing end Marketing for PFK Realty
Services, Inc. (Please see attached Curriculum Vitae). Additional
responsibilities also extended to Management of Tenant Improvement
Construction for the Company.
1~0-1985
American Tectonlce Southe~t, Vice-Fretident
Boca Rlton, Florida
Director of Management, Leasing and Marketing services.
Responsibilities included the management, leasing and marketing
activities for a regional Commercial Real Estate developer in South
Florida with over 1,000,000 square feet of Commercial space either
existing or under construction. Additional responsibilities included the
long-range planning for the management, leasing and marketing of future
Commercial. Industrial & Retail Developments, as well as the oversight
of all Tenant Improvement Construction projects.
Johnatown American Compani# I Consolidated Cq)ltll
Vice-Pretident
Atlanta, Georgia
Director of Management, Leasing and Marketing and Tenant
Improvement Construction, Boston, Massachusetts regional office.
Responsibilities included over 1,000,0(X) square feet of Office I Retail
space located in Massachusetts, Tennessee, Connecticut, Michigan and
Georgia.
,DELt~¥ e,EA,CH.
-~ CITY OF DELRAY BEACH
tll~J BOARD MEMBER APPLICATION
1993 /.,,. ~
Sta~ Zip_ Code
3. Legal Residence: Ci~ State Zip Code
4. Prindp~l Business Address: City Staze Zip Cod~
5. H~e Phone: Bmb~s Phone: E-~ ~e~: ~ Phone: F~:
6. ~ you a
. ~o~/~~
10. ~g ~ ~ pmf~sionfl ~~om md ~s w~& ~ hold:
1 l. Give y~ pr~eng or mo~ ~t ~pl~, md ~sidon:
~2. De~ ~m~ ~, ~ ~~e ~ ~~ ~ ~e on ~ ~ ~1~ ~-~h a brief ~e)
~n~ a ~ ~~~ foff~ ~ ~g~~~ I ~ ~ive.
///f~ HAY O 2 2001
//
~ITV
Please type or print the followbi infom~on:
Note: Tl~/a~,plication will remain on file ); CFer~ s Office for a period of 2 years from the date it was
s~mitsM.' It will be the applicant's responsibility to ensure that a currem application is on file.
S~TTYCLERK~OARI:RA~LIC ATiON
Associates, Incorporated
JOSEPH A. PIKE, P.E., CFEA
Mr. Pike is president of' EDA and has over fifteen years of experience in civil and
envire~nen~ engjnmring. His daily responsibilities include the management and completion
of individual engineering, penniei~ and environmental cleanup projec~
Mr. Pike is a Florida licensed Professional Engimer as well as a Certified Florida
Environmental Assessor. He has performed numerous Phase I and Phase II Environmental
Site Assessments related to property transfers and refinancing. His Storage Tank related
experi~ include supe~sing the removal and closure of many aboveground and
underground fuel storage tanks. For new or retrofit installations, he has design~ a number
of undergrom~ storage tank ~ as well ns secondary contnimnent systems for large-scale
tank farms. His site investigation and remedi~'on experience also includes; perfonn~
ground water and soil investigations for the delineation of eont~mina~l soils and ground
water, development and design of wmediation programs for contaminnt~ sites and
implementation of the remediation projects. Mr. Pike has been involved in the emergency
wsponse efforts related to several abcmfl accidents on both coasts of Florida.
Mr. Pike also has extensive experience in Site Planning and Civil Engineering. His past
accomplishments include: Designing, permitting, and providing construction oversight for
parcels within large-scale planned unit developments. Lead permitting engineer on major
projects in Palm Beach County and Martin County. Designing and permitting of County and
State thoroughfare roadways.
He is well versed in dealing with a multitude of agencies on the Federal, Stste, and Local
levels for the permitting of wetland and other environmental concerns. He has successfully
obtained permitting for a wide range of specialty projects including marina dredge-and-fill
activities, mvignble canal construction, wetland avoidance, wetland mitigation, large-scale
hydric soils ~storation, and install~ions waterwa.,d of the Coastal Construction Control Line.
He has also coordinated projects involving jurisdictional determinati~ between multiple
Roadway Acquisition ~ in developing reasonable and fair land prices for eminent
domain proceedings.
Mr. Pike's Contracting License and construction background provide a depth of field
knowledge not typically found in design individuals. This background is relied upon in his
~n observations and construction administrative tasks and has proven invaluable in
298 Pineapple Grove Way * Delray Beach, Florida 33444
Fax (561) 274-8558 Phone (561) 274.6500
BACKGROUND:
Professional Engineer, S~ of Florida ~42696
Cetlified Oeneral ~r, Florida ~on ~C~042072
Florida Certifi~ Environmental Assessor
Registered Environmental Pmperty Assessor
DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
Randolph Angela D.
2. Home Address: City State Zip Code
1323 Prospect Street Delray Beach FL 33444
3. Legal Residence: City 'State Zip Code
(Same as above) Delray Beach FL 33444
4. Prindpal Business Address: City State Zip Code
1191 N. Federal Highway, Ste. #1 Delray Beach FL 33483
5. Home Ph~e. Busine~ Phone: E-Mail Address: Cell Phone; Fax:
279-0377 276-2889 ADR1908@aol.com 279-4885
6. Are you a registered voter? Yes -" If so, where are you registered? ......
Palm Beach County/City of Delray Beach-Precinct #172- ..,
7. What ~t(s) are yo= inu~l in
Community Redevelopment Agency
8. List all ~ Boards on which you are currently ~Oe~e or have previously serve& (Please include dates)
9. Educ~tiomlq,~Im(~ion~.. Master Degree (Public Administration)
National Forum For B~ac~ ~'uo,c/~ominis~mtom - Member
11. Give your present, or most recent ~ .etpt~,loyer, a~.d portion:.
Randolpl~ & Dewoney ~onsu-uc~ion, Inc./President
*Active citizen from the West Atlantic community (,Jefferson Manor Resident) concerned abou! the development o[ Delray 8each.
*Worked wi~ Orange County Government (FL) MMRB Advisory
Co, mty Commissioners and other related task *Maste~ and Bachelor Degrees in Pubhc Admmistmbon
I hereby certify that all the above statements are .aaSq~r ~r~xld~understand that any misstatmaent of material facts
......... , CITY CLERK D^~
Note: This application will remain on file in 1 ~e City Clerk's Office for a period of 2 years from the date it was
--.L.--~.._,.1 T,,. --11 i~_ .L .... 1: .... ) ........ '-t:l: ...... I ,' ,'-~
1323 Prospect Street
Delray Beach, FL 33444
Education
Florida A&M University
Tallahassee, Florida
Master of Applied Social Science
Concentration' Public Administration
Graduation Date: 12/93
Umversity of Central Florida
Orlando, Florida
Bachelor of Arts Degree
Major: Public Administration
Graduabon Date. 12/92
2/97 - Present
Work Experience,.
Randolph & Dewdney Construction, Inc, Delray Beach, FL; ?rcsMent
· Coordinate and ove, rsee daily operations
· Negotiate and close all business contracts
· Maintain database of clients and principle suppliers/products.
· Develop and promote various marketing techniques
11/95 - 2/97
Orange County Agenda Development, Orlando, FL; Advisory Board Coorddnator · Maintain and monitor all advisory board activities, ensunng compliance with the Orange
County Code
· Prepare Board of County Commissioners agenda items and assist in presentations
· Implement strategies to increase advisory board applicant pool of candidates
· Research and prepare the Membership & Mission Review Board's annual report
· Assist in recruitment and process applications for prospective advisory board members
6/94 - 11/95
Florida Jobs & Benefits; Customer Service Speciahst · Set-up and process unemployment claims
· Assist indtviduals in seeki_ng and obtaining employment
· Assist in planning and coordination of Human Service activities
· Determine the needs of indigent county residents for assistance through interviews
· Refer inehgible applicants to agencies who assist in locating/securing aid
10/93 - 10/94
Word Perfect (All Versions)
Microsoft Word & Excel (All Versions)
Print Master Publishing Suite
Quickbooks Pro
Wal-Mart Corporation/SAM'S Club, Naples, FL; Operations Manager · Conducted employee orientations, ensuring compliance with company/safety standards
· Monitored and provided managerial assistance to employees and vendors
· Devised and d~rected employee projects to boost team participation and morale
· Organized monthly departmental meeting
Computer Skills
Advanced knowledge of the following software packages.
Word Processor
Word Processor/Spreadsheet
Desktop Publishing
Accounting
Activities & Honors
National Forum for Black Pubhc Administrators - Member V Alpha Kappa Alpha Sorority, Inc -Charter
Member/Past President-Pi Psi Chapter V Parent Advisory Organization for Bar & Ferg's Christian Academy-
V;ce President V FAMU Graduate Scholarship Recipient V American Cancer Society, Volunteer ~ Roots
Cultural Festival, Volunteer.
D[LRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please ~ or prin~ ~he followin~ irdorm~on:
2. Home Address: Z. jt? Code
3. Legal Residence: City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: Business Phone: Cell Phone: E-Mail Address: Fax:
6, Are you a Registered Voter? If so, where are you registered?
8. List aunty Boar~ on,,A,i~h ro~ ~'e c~dr,e~i~ o~- have previously serve& (Please/nclude dates)
/v~ /,,.I
9. ,,Educatio..nal qualifications: .
10. List ~. related professional cerdfic.,4tions ~nd licenses which you hol&
11. Give your present, or most recent employer, ~nd,~oosition:
....... ' ....... ~
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date ~t was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S~CITYCI~RK~OARD~PLICATION
RECEIVED
NAY 0 9 200f
CITY CLERK
SHARRONL. RONCO
2740 N. Clearbrook Circle
Delray Beach, FL 33445
Res. (561) 274-3553 Ofc. (561) 29%2665
sronco~fau.edu
EDUCATION
Ph.D.
Major:
1987 University of North Texas Denton, TX
Educational Research & Statistics Minor: Computer Science
Dissertation: Computation and Cumulation of Effect Sizes in Meta-Analysis
M.S. 1976 University of Wisconsin-Milwaukee
Major: Cun'iculum and Instruction
B.A. 1972 Marquette University
Majors: Spanish and Secondary Education
EXPERIENCE
FLORIDA ATLANTIC UNIVERSITY
Assistant Provost
Office of Institutional Effectiveness and Analysis
Boca Raton, FL
1997 to present
· Manage the reporting function of the University; collecting, analyzing, interpreting and
disseminating information to support institutional planning, policy formulation and decision-
making.
Publish Fact Book, Quick Facts Brochure, Retention Data, Productivity Analysis, and other
regular data reports.
· Conduct studies on enrollment trends, student retention and progression, needs analysis, and
other institutional research as needed.
· Design, conduct and analyze data from surveys of students and faculty.
· Support academic and nonacademic units in assessing their effectiveness.
· Co-chair Self-Study for Reaffirmation of Accreditation from SACS
UNIVERSITY OF TEXAS AT EL PASO
Director, Office of Institutional Studies
El Paso, Texas
1990 to 1997
Reporting
· Prepared regular internal reports on student majors, semester credit hours, faculty workloads
and grade distribution.
· Completed reports on students, classes, faculty course and facilities inventories, degrees
conferred, end of semester enrollments and academic skills program tracking to the Texas
Higher Education Coordinating Board.
· Published 165-page Fact Book annually.
Responded to questionnaires, answered requests for information.
· Reported on performance measures to the UT-System and State of Texas.
· Provided detailed retention and graduation data to departments and colleges.
· Supplied information and data for strategic planning; set target performance indicators and
evaluated against actual performance and external benchmarks.
Sharron L. Ronco - page 2
Provided regular feedback to high schools and community college on the performance of
their students at the University.
Maintained institutional databases to include historical data on students, courses, faculty,
facilities, and financial aid using data extracted from the Student Information System and
gathered on surveys.
Surveys
Developed and administered survey instruments, managed data collection, analyzed, interpreted
and disseminated results for:
· Entering students
Enrolled students (College Experiences Survey)
· Exiting and non-returning students
· Graduating seniors
· Faculty
Studies
· Effect of high school course-taking patterns on college achievement.
· Patterns and con'elates of stopout behavior.
· Comparison of college math achievement of students transferring fi:eshman-level math
courses fi:om the community college, with that of'native' students.
· Impact of employment and semester credit hours attempted on first-semester GPA.
· Outcomes of com'se-based remediation in math and English.
· Faculty perceptions of the importance of research vs. undergraduate teaching.
· Characteristics and performance of transfer students.
· Predictability of SAT and high school rank on fi:eshman GPA.
· Campus space utilization.
· Application of Alexander Astin's input variable retention formula to data on incoming
students.
· Studies of faculty salaries for gender equity, internal comparability, compression and
competitiveness.
· Progression on first-time freshmen and transfer students from University of Texas
component institutions through Texas public higher education, using the statewide data base.
EXPERIENCE - COLLEGE TEACHING
PSYC 3104 (Research Methods and Statistics) 1992- 1997. The section was offered primarily
for UTEP bachelor's degree-seeking nursing students who were working full-time at area
hospitals and unable to take the daytime UTEP course. It was an introductory undergraduate
course covering descriptive and inferential statistics up through two-factor ANOVA. Students
used a version of SYSTAT to analyze data that they collected via surveys.
Sharron L. Ronco - page 3
U.S. Department of Education, Office for Civil Rights, Postsecondary Education Division
Dallas, Texas 1977-1990
During my 12 years with the Department of Education, I worked as an investigator, technical
assistant (1977-1985) and branch chief(1986-1990):
Investigated complaints and conducted compliance reviews in colleges and universities;
prepared investigative plans, conducted on-site visits, wrote reports and letters of findings,
negotiated compliance. Made presentations of findings to governing boards, parent and
student groups, community and special interest groups, the media.
Monitored and evaluated Oklahoma and Texas State System of Higher Education
desegregation plans, pursuant to a Federal dislrict court order. Visited institutions to gather
data on student enrollment and retention, faculty and staff employment, in order to evaluate
States' progress under the order. Performed trend analysis of statewide enrollment pattems;
compared workforce composition to appropriate labor market availability data; designed
formats for interviews and data collection, set up spreadsheets to analyze effectiveness of
measures.
Responsible for supervising the work of four investigators and one clerk. Assigned
investigators to cases, trained them in techniques for monitoring, secured resources for
reviews; coordinated schedules and arranged workloads to allow deadlines to be met;
established performance standards and evaluated staff; conducted training for staff in
methods of data analysis.
Other Employment
Wisconsin State Department of Industry, Labor and Human Relations (1975-77)
Employment counselor, advocate for migrant workers
S.E.R. Jobs for Progress (1974-75)
Coordinator for English as a Second Language programs, teacher.
Madrid and Barcelona, Spain (1970-73)
Language instructor, translator/interpreter.
Special Skills
Mainframe and PC SAS, SPSS-X
PC-based database, spreadsheet and word processing software
Bilingual (Spanish).
Professional memberships
Association for Institutional Research (AIR) 1991 - present Presenter: 1992, 1994, 1995, 1996, 1997, 1999, 2000
Member: AIR Forum Publications Advisory Committee, 1996 - present
Texas Association for Institutional Research (TAIR) 1991-1997
Presenter: 1992, 1993, 1995, 1996
Program Committee: 1993, 1994, 1995, 1996
Sharron L. Ronco - page 4
Southern Association for Institutional Research (SAIR) 1997 -present
Presenter: 1997, 1998, 1999
Program Committee: 1998
American Educational Research Association (AERA) 1983 - present
Other
Professional Activities
Peer reviewer for NASA: Evaluate and score proposals for funding of math, science and
engineering programs, 1995 and 1996.
Evaluation Committee Chair for the Quality Education for Minorities (QEM) Network,
Washington, D.C., 1992-1994.
Evaluation Task Force Member for the University of Texas System Alliance for Minority
Participation (AMP), 1993 - 1997.
Research delegate to the NSF-funded Recruitment and Retention Project for Math and
Science, with 12 participating institutions, 1992 - 1996.
RECENT PAPERS & PRESENTATIONS
Finding the 'Start Line' with an institutional effectiveness inventory (with Stephanie Brown).
Paper presented at the 2000 Annual Forum of the Association for Institutional Research,
Cineirmati, OH.
How important is residential living to college success on a predominantly commuter campus?
Presentation at the 1999 Southern Association for Institutional Research Conference,
Chattanooga, TN.
Deconstructing the student assessment of instruction instrument: Some psychometric issues.
Paper presented at the 1998 Southern Association for Institutional Research Conference,
Savannah, GA, and at the 1999 Annual Forum of the Association for Institutional
Research, Seattle, WA.
Advanced Data Analysis. Half-day workshop presented at the Texas Association for
Institutional Research Annual Conference, February 1997, South Padre Island, TX.
Topics covered included descriptive statistics, significance testing, ANOVA, logistic
regression, survival analysis and cluster analysis.
Using high school transcript analysis to understand college outcomes. {May, 1996). Paper
presented at the Annual Forum of the Association for Institutional Research,
Albuquerque, NM.
How enrollment ends: Analyzing the correlates of student graduation, transfer and dropout with
competing risks model. (May, 1995). Paper presented at the Annual Forum of the
Association for Institutional Research, Boston, MA. Published in the AIR Professional
File, Summer, 1996.
Sharron L. Ronco - page 5
Obtaining student feedback: Some practical advice for survey researchers. (February, 1995).
Paper presented at the Annual Conference of the Texas Association for Institutional
Research, San Antonio, TX.
Meandering way: Studying student stopout with survival analysis. (May, 1994). Paper
presented at the Annual Forum of the Association for Institutional Research, New
Orleans, LA.
Great expectations: What we've learned form students entering college. (October, 1993). Paper
presented at the annual meeting of the Rocky Mountain Education Research Association,
Las Cruces, NM.
Getting started with survival analysis: An application to retention data. (February, 1993). Best
regional paper, Texas Association for Institutional Research annual meeting, College
Station, TX.
Outcomes of course-based remediation 1989-1991. (November, 1992). Paper presemed at the
Conference on Academic Support Programs, Fort Worth, TX.
Enhancing academic success: A bilingual freshman year. (May, 1992). Paper presented at the
Annual Forum of the Association for Institutional Research, Atlanta, GA.
Retention rates: The search for meaning. (February, 1992). Paper presented at the Texas
Association for Institutional Research annual meeting, Galveston, TX.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION. ,~~~,,~2~~
?l~se ~;e or Win; the foQov4ng hform~ion:
]. La~ Name: Shuler
.2- Home Aclc~s:
606 West Atlantic Ave.
3. Lega. lResidence: SAA
4. Principal Business Address:
SAA
5. HomePhor~ [B~'Phone: -
I
561 265-0622 ! ~61- 265-0622
6. What Boar~(s} ar~ you imputed ia ~e,-Hag?
E-Mail
James
~lrav Be2mh
SAA
SAA
SAR
SAA
M.I.
L
'A 3Z l.Z
SAA
Phone: { F~:
/.. /:1-" ! 79{ 56! 265-27:
Co~ni~y Eedevelopmeuc A~eucy
7. Lis:~Cm/Boer~onw-Mcb~u=ecurrm~scrvi~or~previo~serve&~leasc~dude~te~
~hairman, West Atlantic REdevelopment Coalition Inc.
~. E~2o~~o~: Mortuary Science (Associate Degree in Science)
V ~ayrd~edpro~o~6~fi~~sw~y~d:
Licensed Funeral Director and Embalmer
t0. Give your p~sen~ or most recent employs:; md
~huler's Memorial Chapel Inc., Funeral Director and President
Member of the Planning and Zoning Committee of Delray Beach
Chair of WARC
7hereby ,cr~',t~lt ~ ~e al~ge statements.arc ~
4/~7/01
N~e: ~s apph~on ~ll ~m:;n on ~ ~ ~ Ci~ ~'s
-RECEIVED
APR 1 8 2001
CITY CLERK
CITY OF DELRAY BEACH ~--
BOARD MEMBER APPLICATION ~1/~
type or p."~ -,.he fo]](::~'~< ~ror~on:
5. ~ Addre~ City. Stare Zip Code
3. ]~
4. P~ B~ss Ad~s: ~. S~e Zip ~de
5. H~e Phone: I B~ss Pho~ ~-Mai]: ' I F~:
9. ~ ~y rcl~d pro~esslo~l ~~ ~ k~es w~&you hol&
10. Give yo~ preset, or
Note: This application ~qll remain on file in the City O~'s Office for a period of 2 years from the dau~ it was
rubmitted. It wall be the appli~'l~i~i~r~g~n.~ure that a current applicaxion is on file.
FEB 2 3 2001
CITY CLERK
EDUCATION
R. Michd Simon Jr.
314 Northwest 16th S~reet, Deb-ay Beaeh, Florida 3.3444
llm ($61) 279-0~06 Cell ($61) S73-898.q
Stetson Utiversit~ - Deland. FL
Bneh~orofAm-1987
~- Socioloay
PROFESSIONAL EXPF~NCE
Tauridio & Company Real Esta~ Delray Beac~ FL July 2000 - Present
~e~/tor Sales, marketing and representation of residential and comme~al prope~es in the Delray Beach,
C~l~u?~un, Oc~n Ridge, Msml~ Boynton Bench md Boca ~ m~as rsnging in value from $29,000,000 -
S50,000. Respons~le for pricing, market malysis, advertising and sales of l~operty for Setling clients is well u
JC l)eNiro Inm'nadoaai l/~lty, Deb'ay lkac~ FL July 1999 - ]uly 2000
~ Ocean Ridge, IVhnalapan, Boynton Bench and Boca Raton areas ranging in valu~ from S29,000,000 -
50,000. R~q~onsible for pricing, market malysis, ndvert~ing and sales of prope~y for Selling clients as well as
hvestmem Eq~dt~ C~ Mmalapm FL lul~ 1999 - F~? 2000
M~r~etlng Dlrect~ Responsible for ~reafion and implementation of all marketing materials and sales of over 60
million dollars in properties for oceanfront Developer Frank bicKinney and JC DeNim Internationnl Real Estat~
Duties included production of the company's web-sit~ and all printed advertising, ss well ss acting as Realtor and
reptuen~ve for all availnble properties
Ci~ of Delray Beach. Delruy Beach, FL October 1998 - July 1999
.42Y'orddAIeIlo~r.4~ Administr~on of all Federal, State and City homeowner pm'c~
assistance programs. Respomibil~es included pmgntm implementation, budget. Im'formanceo oompliance and
annual reporting. Manag~ut of contracts and agreements associated with the City's housing programs. Coordinate
partnerships with local governments, lending inzti~-otions, non-profit agencies and Realtors. Attend community and
advisory board meetings ne~ssary to ~j out activities.
Ci~ of Delruy Bench. Delray l~ach, FL October 1996 - .%-ptemb~ 1998
,4dinfCommsmltyDodopn~.n(CoorMnmgor Served as Division Head respomible for management,
compllnnce, plannin~ budgeti~ implementation and reporting for all Fed~al, State and City grant p~ogrnms.
Administr~on of grants focusing on homebuyer pm'chase, housing r~habtlitation, inti'uu~.u.~n'e/community projects
and social service organization grant monitoring. Fostered partnership relations with lending ~ons, non-profit
agencies, Rcalt~ and title companies within pe~neten ofprogrmn goals. Attended community and board meetings
Ci~ of Delray B~th, Delray Bench, FL D~ember 1995 - O~obe~ 1996
P¥~ra~ ~ Respon~"ole for the m~ ~i~~ eH~ ~ ~m~ of ~e S~~
S~ ~ ~ ~ m~ h ~ p~ ~~ ~ ~ of ~ ~ ~ ~ ~vi~
md ~ ~g ~ A~ ~~ ~ ~ ~ ~ ~ ~ ~ ~v~.
Doumm Conwm~m ~ Delmy l~h, FL O~to~ 1992 - ~ 1995
~.r.~fm~~/A,e/e~rS~ Assisted in Re~ Ests~ acquisi~ development nd expedit~
for commercial and ruidential general contracting firm. Administration of business/personal domestic and
international financial accounts. Project Supervisor of local retail/office center and Residential Construction Field
Assistant.
BOARD MEMBER APPLICATION
1993 .
2) Community Redevelopment Agency, 3) Code Enforcement Board
List ~lCi~ Bo~lsonwhichyou~r~cun~ntlys~'ving or h~vep~viously ~l:(Plea~includedate~
Pompey Park Advisory Board 1997
Educational qualifications: '
B.S. Degree (Chemistry, Math & Science), Masters Degree (Educational
Educational Specialist Degree (Adm. & Supv.), Doctorate Degree (Adm.
List any related professional certifications and licenses which you hold:
Adm. & Supv.),
& Supv.)
10. Give your p~sen~ or mob mcem empl0y~, and positio'n:
Retired Senior High School Principal (Palm
Beach
County School District)
! 1. D~cdb~ experiences, fldlh o~ imowledse which qualify you to serve on this bo~d: (Pie, ese acttch · brief resume)
Organizational Skillsr Anal),ttcal Skills~ Verbal ~ Wr!,tten Communication Skills,
Problem Solving Skills, Conflict Resolution Skills & Human Relations Skills.
I.hereby certl~ that all the above statements are true. and I agree and under, and that any
misstatement of mater~al facts contained In this application may cause forfeiture upon my part of
any ai~intment I may receiver,
Note:
RECEIVED
0 CT 2 6 1999
DATE
This appl,cat~on will r~ma/n on fie i~=~i~~(Office for a period of 2 years from the date it was
subrnitl~. It will be the applicant's r~sponsibility to ensure that a current application is on file.
EDUCA110N
WORK
EXPERIENCE
e/~0/94 to
Present
· /18/93 to
e/30/94
VARIED
mPONSmLmH
RESUME
dOSH SMITH,
Avenue I)eGien
~U. LEN UNIVERSITY, Columbi~h LC.
B.$. In Chemistry, 8/e2
Mborm Mithemiti(~ Ind ~)iMKPe
qlILORIDA ATLANTIC UNIVERSITY. BOC:I IMton, FL
M. Ecl. In AdmInistrltion & Siq~Mddon, 8/?6
EcL L In AdminbtmUon & mq~nddo~ 8/T7
Ed. D. In AdmInistration & lupefqMM~ ~/81
Asdstnnt Prim:ilml (him BM)d~ (h)unty ScM)ol Distri~t)
Dean d Students (him Beech County Ichool District)
Clillroom Trim (him Beech County School District)
PeraNXlM4 SMeoUon
I)rel~m~ d sdmol oentor budget
Preparation d F.T.L (IdJN)OI Gentor Funding)
Intonm Ao ou
lupendsion lnd Eviluition M ecMool oentor perldmnel
iupMMdml d WiBI ~d Mtodn Rnlh
hvolopmoflt of Mlrketing Plan nlm idmol newidettor
IchoM j~MtJe4 md montoly event oaden(brs
FURTHER
EDU~IkTION
FURTHER
'EXPERIENCE
New York, N.Y.
Iqorkla State Universlt'y ~istr212
TiIIIhnn~eo, FL
nm.kb A&M U,dve,'n~ (sobnoe)
Tnllllm#44, FL
SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS
INVOLVEMENT (Serving on Aoa'editntion CommlRe#)
~ IIInmi High ~ - Minmi, FL
Milmi dncknon High School. Minmi, FL
Wes'twiRl High ~ - FoR Pierce, FL
Stone Middle Sc)hod - Ilelbom'ne, FL
Edgewood dunior High I. ohool - Mort'Itt lainnd, FL
BOARD MEMBER APPLICATION
1993
Please type or print the follox~4ng information:
2. Home Address:
3. Legal Residence
4. Princlp~l Buslne~s Ad&ess:
5. Home Phone:
What B~ard(~) ~e )ou interest~ in se~'ing?
CiO ~
IBusiness Phone:
Parking. Han~gem~ut idvi$ory Board
State
State
Middle Initial
Z~,P3C°de
¥¥.3_-
Zip C~de
Fax'
- C£t£zen-at-'Larg,
8 Educational qualification,s: ., _,_ -, "
U.,,',,a,s;~, ,~ rrl,~r~; .~el,~al ~'[': ~ - dc,, iY" D~¢fo,".,fe (7,0,)
9. List i~'~-~ ~elai~O~'t,r,,--f~es.~ional certifica*ions and licenses which 'vc~ hold:
10. Gi'~,'e y~.Xu'~p~n, or most recent employer, ma position:
I I.~esc~ Jbe experie,c et, s~IIS'~ knowl~ge which quali~ you to se~e on ~is ~d: ~i~e anach a ~iefresome~
_
i 6ereb~ ce~ifg rrat all the above statements are true, and I agree and unae~rafid that
misstatement of material facts contaia~W~~ation may cause fo~eiture upon my
o{~~ointme~g I may receive.
n~ ~1~
OCT IJ 5
SIGNATURE ' DATE
CITY CLERK
'Not,~:
Tiffs application will remain on file in' ~; i~i't~, Clerk's Office for a period of 2 yeaxs from the date it was
submitted. It will be the applicanYs responsibility to ensure that a current application is on file.
EDUCATION:
D~., 1988
Mas. 1981
UNIVERSITY OF MIAMI SCHOOL OF LAW. Miami. FL
~ Juri~ Do~o~O.D.)
~ri'~' OF ALABAMA.
EMI'LOIOVlENI:
1992 - Pr~s,nt
1993 - Present
1990 - 1998
1983- 1984
D. STEPItENSON CONSTRUCTION, ~ l~to~, VL
Vice Pre,dent. Chtef Adr~ntstrat~ve Officer:. ~poml~l~ for daily
SUl~"vision of all ~tmini~ thncfiom of the compeay, iach~ag
Stephemon Realty, Inc., Miami, FL
Pre~dent. C. ht~f Exz~tve Or, cfr:. Rm'l:~sibl¢ for ~.quiaitiom,
analysis, md daily ~mt~i~ ~1 ~w'ising of all con~ny
S*~phenson Merchandising & Marketing, Ina, Miami, FL
Vioe President: Responsible for ~ meay. Jaandising of pmducu
and ~ing daily functions at Amooo Gas Station.
$hutts & Bowen, Miami, FL
R~ible for doo. nn~ preparation in word processing aiv/sioo.
ORGANIZATIONS & .A~SOCIATIOHS:
THE FLORIDA BAR - lvI~M~TR
FLORIDA REAL ESTATE LICENSI~
L
BOARD MEMBER APPLICATION
1993
Please type or print the follow/nS information:
]. La~_t Name:: M~.~dle Initi/!
2. Home Address:_ C4~ · State Zip Code
3. Leg~ Residence Ci~ S~te Zip Code
4. P~eip~ ~ess &d~ess: ~ ] Ci~ ~ ~te Zip Code
5. Home Phone: ~ .... -~ [ B~iness Phone: · I Fax:
~l- q -~ ~-~--' - ~ -~-' -~
6. What Board(s).are you interested in seryipg?
7. List all Ci~ Boards on which you a~ cunently se~g or have p~viously se~ed: (Ple~e include dates)
I~o I,.)
8..Educational qualifications:
9'. List any related l~ofissionaTcertifications and iicense~'4vhich you hold:
I 10. Give your present, or most recent employer, and position: . _
J l I. Describe experiences, skills o~ ~owledge which quali~ you to se~e on ~is bo~: (Pie~e a~ch a brief resume) ]
I hereby certify that all the above stat~rr}ents ~re true, and I agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part
of any appointment ! may receive.
~~_~~j~d~ RECEIVED
MAR 1 ? 2000
Note:
~mmmmmm~m Al wmm~l~P'
This application will remain on file ~ ~i~tC~~ffice for a period of 2 ye~s ~om ~e date it w~
submi~ed. It will be ~e applimt's r~s~mibili~ to e~e ~t a c~ent application is on file.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Name
DELRAY FL 13344,4 ,
561-272-07~{
BEACH
jC~ll Ph~.
SAME AS ABOVE
~ PFmcip~'ui,ue$,A~: .....
I
i 561-272-8396 ~561-272-8396
L~'. L,,": ~u'g/r~l,a,~d pro~sdon,l ce, rd.fica~ons and hcensc~"~aic~ you hol~'
10. Give you.- pre.~,~, c,r mom, re~n~ ernplo)~, au8
RECEIVED
APR 2 3 2001
CITY CLERK
BOARD MEMBER APPLICATION
1993
Please ~ or pti.m: ~he followh~ bf'orm~on:
2. HomeAckiress: /a,6"a B /I/og4'h ~)/.- ~Q~/r~ ~e~gh S~ Zip~
3. ~ Red~: ~ Stye Zip ~
4. P~dp~ B~ess A~s: ~ St~ Zip ~
5. Home Phone: Bm~ess Phone: E-M~ A~ess: ~ Phone: F~:
6. ~eyouare~eredvote( ~~4W If so, where~eyour~e~?_., '~/'~y ~e~*-- '
] l Give y~ presen~ or mo~ r~m ~p]~er, ~d~si~on:
con~ ~ appE~on ~ ~ foffei~o~p~ ~ ~ ~~t I ~ ~ve.
....... CITY CLERK
Note:
This application will remain on file in the City Clerk's Office for a period of 2 year~ from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
$~CITYCLEI~OARD~AJ~PLI CATION
Jean Sylvia
1050 B North Dr.
Delray Beach, Florida 33445
( 561 ) 265-0799
Birth Date 11/8/40
Sex Female
Occupation Retired
Widow
Brief Background History
Big Chief Lewis Real Estate
Sunrise Highway
Massapequa, N.Y.
1966-1972
Position: Salesperson
By Lou Real Estate
4905 Sunrise Highway
Massapequa, N.Y.
1972-1979
Position: Owner/BroKer
Treasury Hotel/Casino
Flamingo Rd.
Las Vegas, Nv.
Position: Dealer
1979-1982
Alladin Hotel/Casino
Las Vegas Blvd.
Las Vegas, Nv.
Position: Dealer
1982-1985
Riviera Hotel/Casino
Las Vegas, Nv.
Position: Floorperson
1985-1999
Secura Electric Contracting
Las Vegas, Nv.
Position: President
1986-1992
Secura General Contracting Secura Wholesale
Las Vegas, Nv. Las Vegas, Nv.
1985-1992 1985-1992
Position: President President
I took a leave from the casino ~n~us~r~ fo~ a few years to get
actively involved in the family construction businesses, we ~l~ both
residential and commercial business.
Memberships
1991-1979, Nassau County Democratic clus, District Lea~er: was acrlvely
involved in local, state and national elections
1968, founded, Massapequa against Drugs, a walK-In ~rug ccunceling center.
1970-1979, Massapequa Chamber of Commerce
1966-1979, Long IslAND Board of Realtors
I would be happy to supply more information if you nee~
L~,u~'Uu ~kP up:~ I..~.k bl~l 243 ~774 Cl'l't U~ ~05
BOARD MEMBER APPLIOATION
1993
you ina=rested in ~rving? . ~ _ -- .. - . _.. A I
?. LL~t a21 City Bc~rds on which you a~e CtUTe~ly serving or have previously t~ved: (~lease b~clude dates)
~1 ~uali/i at/One: " '
~. ]~dtlc~t[Ol c
Li~ ~y related professional certificazions and licenses whi~ you hold:
il0. Give your present, oz most rec~t employer, and pos_.ition:-/-'
Z hereb~ ~rt/fy that all the above g~at. rnen~:s are true, and ! agree and understand that any
misstatement of rnpl:~rlal facts contained in thfs ap~//cation mey caur, e forfeiture upon my part
o.~'p/r,.~po~,'r,e,'(t.r~ar,'.~/~. RECEIVED [ [
~ MAR 0 8 2000 ~4~
CITY CLE,RK , I
Hole: This sp~licartion will remsin on ~e in the cat7 Clerk $ Off/ce fo~ a period of 2 years f~om the date it was
submittal It will be ~e applicant's respo~ibility m ensure that a turret application is on file.
KKVIN F. WARNER
248 Venetian Drive
Delray Beach, FL 33483
td ~8810
ABTECH INDUSTRIES (,~,~ttsdale, Arizona)
Vico-Preddent
Help run small, start-up environmental products
LEHMAN BROTHERS, Institutionnl Fixed Income
Vice Presid~. GENERALIST SALES &
New York. NY &
Delr~y Beach, FL
19~5-presem
New York, NY
1985-95
CITIBANK, N.A., Institutional i~ted Income
Assr Vice P~esidcnt, GENERALIST SM,ES
· Mat~ged del~osi~ory and mortgage ba~king diem relationsl~s.
New York. NY
1980-85
WASHINGTON, D.C. COUNCIL OF GOVERNMENTS Washln~on, DC
WATER RESOURCES PLANNER 197%79
· Pcfform~xl finm~ial analysis for expans~en of regional wa~tewater treatment system.
· Wrote regional plan for land ~e application ofwnstewmer.
U.S. ENVIRONMENTAL PROTECTION AGENCY WATER RESOURCES ENOINEER
* Identified ~gional need~ for national wastewater ~'eatment grams program.
* Helped streaml~ F. nvitonmont~ Zmpac~ Smtemem review process.
1973-76
CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION
AIR POLLUTION ENOLNEE~
· Increased indusny conq~lianee with stmc ah' polhnion regulations.
Hartford, Cf'
1972-73
DISTRICT '/SANITATION COUNCIL -eiti~u advocacy group.
COMMUNITY BOARD ? - New York City governmental advLsory body..
WEST 77th gfREET BLOCK ASSOCIAIlON - loc. al street association.
New York City
1985-98
DELRAY BEACH AFFILIATIONS
VIA MARINA HOMEOWN'~R5 ASSOCIATION, l:~-sident
PROGRESSIVE RESIDENTS OF DELRAY, Member
BEACH PROPERTY OWNERS ASSOCIATION, Member
EDUCATION
PRINCETON UNIVERSITY, Bachelor of Science in Engimna-ing, 1971
Princeton, NJ