Agenda Reg 09-03-02City of Delray Beach
Regular Commission Meeting
Tuesday. September ~, 2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW lat Avenue
Dekay Beach, Florida 3M44
Phone: (561) 243-7000
Fax: (561) 243-3774
RUL~ 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.
Ce
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. 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 thc podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURF.~
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an oppommity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
2.
3.
4.
5.
ROLL CA~ J.,
INVOCATION.
PLEDGE OF AIJ,EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
August 20, 2002 - Reg~dar Meeting
August 27, 2002 - Special Meeting
PROCLAMATIONS:
ho
Sickle Cell Awareness Month - September 2002
Kids Day America/International - September 28, 2002
Breast Cancer Awareness Month - October 2002
PRESENTATIONS:
A, None
CONSENT AGENDA: City Manager Recommends Approval.
FINAL SUBDMSION PLAT APPROVAL/GLEASON STREET VILLAS:
Approve the subdivision plat for Gleason Street Villas, located on the west side of
Gleason Street, approximately 1,200 feet south of East Atlantic Avenue.
FINAL SUBDIVISION PLAT APPROVAL/ROYAL COMMERCIAL PARK
OF DELRAY PLAT NO. 2: Approve the subdivision plat for Royal Commercial
Park of Delray Plat No. 2, located on the east side of Congress Avenue, approximately
290 feet north of West Atlantic Avenue.
C0
RESOLUTION NO. 71-02: Approve the abandonment of the 16' north-south alley
within the Blank-Nichols Subdivision together with the 16' north-south alley running
through the center of the north 87.5 feet of the south half of Block 120, Town of
Delray Plat, for the proposed Meridian mixed-use development~
DOWNTOWN HORSE & CARRIAI3E. INC. AGREEMENT: Approve an
agreement between the City of Delray Beach and Downtown Home and Carriage, Inc.
for home and carriage rides along Atlantic Avenue from November 22, 2002 through
January 1, 2003.
-2-
0~..03--2002
Mo
DELRAY YOUTH ENRICHMENT DEVELOPMENT CENTER;
AGREEMENT: Approve the sub-recipient agreement for funding in the mount of
$150,000.00 with the Delray Youth Enrichment Development Center, Inc. d/b/a
Delray Youth Vocational Charter School under the 2001-2002 Community
Development Block Grant (CDBG) Program.
PALM BF.,ACH COUNTY FUNDING AGREEMENT: Approve a funding
agreement with the Palm Beach County Board of County Commissioners for
reimbursement up to the amount of $100,000.00 to off-set renovation costs associated
with the Deiray Beach Teen Central Project.
ARCHITECT AGREEMENT/WARD NORTHUP: Approve an agreement
between the City of Delray Beach and Ward Northup in the amount of $46,500.00 for
the needed improvements at the municipal golf course. Funding is available from 445-
4761-572-31.30 (Delray Beach Munidpal Golf Course Fund/Engineering/Architect).
MONTEREY HOUSE LEASE AGREEMENTS: Approve a Second Restated
Lease and Restated Sublease for the property known as the Monterey Home to reflect
changes in rent, repair, and replacement fees of each party to the lease agreement.
HOLD HARMLESS AGREEMENT/SUNDY ESTATES. L.C.: Approve a Hold
Harmless Agreement between the City of Delray Beach and Sundy Estates, L.C. for the
installation of a conduit within the City's fight-of-way.
HOLD HARMIJZ. SS AGREEMENT/FIDELITY FEDERAL BANK &
TRUST; Approve a Hold Harmless Agreement with Fidelity Federal Bank and Trust
for the installation/construction of a brick paver sidewalk within the State and City
fight-of-way along S.E. 5' Avenue and S.E. 1't Street, under the Florida Depa~xent of
Transportation pemait.
DELRAY BEACH RENAISSANCE PROGRAM SUBS][DY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $18,950.00 for 729 S.E.
2~ Avenue. This brings the number to 148 homeowners assisted under the Renaissance
Program. Funding is available from 118-1924-554-83.01 (SHIP Program).
HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Homing Rehabilitation grant\contract award through Community Development
Division in the amount of $19,950.00 to Preston Construction, Inc. 002 Washington
Avenue). Funding is available from 118-1963-554-49.19 (SHIP Homing Rehabilitation
Grant).
RATIFICATION OF PARKING LOT NAMES: Ratify and approve the names of
two (2) parking lots located in the West Atlantic Redevelopment Area on S.W. 4'
Avenue south of Atlantic Avenue (Frog Alley Lot) and N.W. 5* Avenue between N.W.
1 u Street and N.W. 2~ Street (Sands Lot).
-3-
ADDENDUM NO. 1/ROOTS CULTURAL FESTIVAL. INC. FUNDING
AGREEMENT: Approve Addendum No. 1 to the funding agreement between the
City of Delray Beach and Roots Cultural Festival, Inc. for a change in the expenditures
of awarded funds.
REVIEW OF APpF_~!.ABLE LAND DEVELOPMENT BOARD AQ'~IONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 19, 2002 through August 30, 2002.
AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Fluid Conservation Systems, Inc. in the mount of $54,695.00
for water main leak detection equipment. Funding is awil~ble from 441-5161-536-
64.90 (Other Machinery/Equipment).
2. Purchase award to Otto Industries, Inc. (sole provider) in the amount of $21,719.00
for 588 sixty-eight (68) gallon garbage carts. Funding is available from 433-3711-
534-99.01 (Sanitation Fund/Project Reserve).
REGULAR AGENDA:
Ao
CONDITIONAL USE MODIFICATION REOUEST/LAKE IDA CHURCH
OF CHRIST: Consider a conditional use modification request associated with the
construction of a new 600 seat sanctuary and conversion of the existing sanctuary
building to a Fellowship Hall for Lake Ida Church of Christ, located at the southwest
corner of Lake Ida Road and Roosevelt Avenue. (Quasi-Ju&'cial Hearing)
B0
CONDITIONAL USE REOUEST/GRANITE & MARBLE DESIGNS:
Consider a request for conditional use approval to allow the establishment of a
monument and ornamental stone cutting facility for Granite & Marble Designs, located
within the 321 Delray Plaza Building (known as Seta Building) at the northeast corner of
Congress Avenue and Dr. Carol Kroll Way. (Quasi-Judt'ca'alHeadng)
SPECIAL EVENT/CHILDREN'S HOPE SOCIETY SK WALK/RUN:
Consider approval of special event request to allow the l't 5K Walk/Run sponsored by
the Children's Hope Society Foster Parent Association, to be held on April 13, 2003
from 7:30 a.m. until approximately 1:00 p.m., including a temporary use permit per
I.DR Section 2.4.6(I-0 for the closure of sidewalks along Ocean Boulevard and Anchor
Park, and authorize staff support for traffic control and stage set up/removal;
contingent on the sponsors paying any overtime costs, providing a hold harmless
agreement, and a certificate of liability insurance.
REOUEST FOR IN-LIEU PARKING SPACES/MERIDIAN: Consider a
request by the Meridian for the purchase of six (6) in-lieu parking spaces in the amount
of $72,000.00. The Meridian is located in the 300 Block of S.E. 6~ Avenue (Federal
Highway Northbound).
09-03-2002
10.
REOUEST FOR IN-LIEU PARKING SPACES/SANDERSON BUILI~ING:
Consider a request by the Sanderson Building for the purchase of five (5) in-lieu
parking spaces in the amount of $60,000.00. The Sanderson Building is located at 630
East Atlantic Avenue.
FY 2003 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the
proposed FY 2003 golf rates for the Lakeview Golf Course.
Go
FY 2003 ~;OLF RATES/MUNICIPAL GOLF COURSE: Consider approval of
the proposed FY 2003 golf rates for the Municipal Golf Course.
Ho
FY 2003 TENNIS RATES/TENNIS CENTER: Consider approval of the
proposed FY 2003 tennis rates for the Tennis Center.
APPOINTMENTS TO THE PUBLIC ARTS TASK FORCE: Ratify four (4)
members and appoint five (5) members to the Public Arts Task Force. According to
Resolution No. 67-02, each member of the City Commission will appoint one (1)
member to the Public Arts Task Force with the Mayor appointing a Chairperson from
the membership. The appointments will be made by Commissioner Perlman (Seat #1),
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4) and Mayor Schmidt (Seat #5).
PURCHASE AWARD/DELRAY BEACH POLICE DEPARTMENT: Consider
approval of the purchase of six (6) Panasonic Toughbook 28 computers for the Police
Depa~iment.
PUBLIC HEARINGS:
Ao
ORDINANCE NO. 3%02: An ordinance amending Chapter 110, "Occupational
Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of
Ordinances to provide for a five (5) percent increase in all occupational license tax fees
effective October 1, 2002.
RESOLUTION NO, 72-02 ,CFENTATIVE MII.I.&GE I.k':VY): A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2003.
RESOLUTION NO. 73-02 .(TENTATIVE MII J.&GE I.~.~/DDA): A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY 2003.
Do
RESOLUTION NO. 74-02 (TENTATIVE BUDGET ADOPTION FOR FY
2003): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2002
through September 30, 2003.
-5-
09-03-2002
11.
12.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST RR-ADINGS:
Ao
ORDINANCE NO. 38-02: An ordinance mending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by mending Section 51.70, "Reg~dar Charges
Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and
bulk waste collection service rotes by 1.6% for FY 2003. If passed, a public heating will
be scheduled for September 17, 2002.
B0
ORDINANCE NO. 39-02: An ordinance mending Chapter 52, "Water" of the City
Code of Ordinances by mending Section 52.34, ''Water Rates", to provide for
increased residential, nonresidential, and irrigation rates for FY 2003. If passed, a public
heating will be scheduled for September 17, 2002.
ORDINANCE NO. 40-02: An ordinance amending Chapter 53, "Sanitary Sewers",
of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale
Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and
nonresidential/commercial rates for FY 2003. If passed, a public hearing will be
scheduled for September 17, 2002.
ORDINANCE NO. 41-02: An ordinance rezoning from RM (Multiple Family
Residential - Medium Density) to CF (Community Facilities) a parcel of land located on
the east side of Gleason Street, approximately 450 feet east of south East Atlantic
Avenue 09 Gleason Street); associated with the First Presbyterian Church of Delray
Beach. If passed, a quasi-judicial public hearing will be scheduled for September 17,
2002.
ORDINANCE NO. 43-02: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by
enacting Subsection (M), "Early Retirement Incentive" to establish an early retirement
incentive program for eligible employees.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGU8T 30, 2002
-6-
09-03-2002
AUGUST 20~ 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at
6:00 p.m., Tuesday, August 20, 2002.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
None
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2_. The opening prayer was delivered by Pastor Lusa Versulien with Church of God
Militant Church.
The Pledge of Allegiance to the flag of the United States of America was given.
e
AGENDA APPROVAL.
Mayor Schmidt noted the additions of Item 8.K. Lease Agreement/Palm Beach
County~ to the Consent Agenda and Item 9.F. Cancellation of Contract/Luxury Limousine to
the Regular Agenda by addendum.
Mr. Levinson moved Item 8.J.2. Award of Bids and Contracts from the Consent
Agenda to the Regular Agenda as Item 9.A.A.
Mrs. Archer 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:
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of August
6, 2002, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Special Meeting of August
13, 2002, 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.
PROCLAMATIONS:
6.Ao
National Alcohol and Drug Addiction Recovery Month - September 2002
Mayor Schmidt noted a proclamation proclaiming September 2002 as National
Alcohol and Drug Addiction Recovery Month.
PRESENTATIONS:
7.A. Palm Beach County Film Commission (Bad Boys II/Bird House) - Chuck
Elder & David Pittuzo
Robert A. Barcinski, Assistant City Manager~ stated various departments have
been meeting over the last 2-3 weeks with the Film Commission staff, Mr. Pittuzo of Columbia
Pictures as well as County and State agencies in pre-planning for this film shoot. Mr. Barcinski
stated Mr. Pittuzo has met individually with some property owners' and has had meetings with
some of the homeowner association representatives.
Chuck Elderd~ Palm Beach County Film Commission~ extended his
appreciation and thanks to everyone and commented that they have had a wonderful relationship
with the City for the last thirteen years. Mr. Elderd stated it pleases him to be able to bring to the
City of Delray Beach a production company of this caliber, that being Columbia Pictures. Mr.
Elderd complimented staff for working tirelessly and for coming together so quickly at the last
minute to begin the meetings with residents. Mr. Elderd stated he is very enthusiastic and
confident about the filming because the staff has worked so well to prepare the details of the
importance of what is safe for the community, the citizens-at-large, and the production company.
David Pittuzo~ Assistant Location Manager for Columbia Pictures
representing the motion picture Bad Boys II~ stated they have been shooting in South Florida
and were invited to Delray Beach, Palm Beach County, by the former owners of the Bird
mansion and estate located at 1105 South Ocean Boulevard. Mr. Pittuzo emphasized that the
home will not be blown up but instead will be demolished and subdivided into three separate
estate homes. As part of the filming process, Mr. Pittuzo stated it is referred to as a "Hollywood
Blow" which will be a very controlled explosion because they have the finest special effects
team in the world. In addition, Mr. Pittuzo stated Larry Ship from the Los Angeles Fire
Department will be working in conjunction with the Delray Beach Fire Department.
Furthermore, Mr. Pittuzo stated most of the filming will be done on the ocean side of the
property and he is working with all of the appropriate agencies.
-2-
8/20/02
Ross Licata, Captain/Police Department, briefly explained the security and
traffic plan for the area where the filming is going to take place. Captain Licata stated the
proposal is to barricade A-l-A, an outer perimeter at Casuarina Road and South Ocean
Boulevard to the north, and to the south just north of Linton Boulevard. Captain Licata stated
they will be manning Police check points at Linton Boulevard and Bucida Road limiting the
traffic into that area for local residents only. Captain Licata stated the Police Department is
working with Bob's Barricades and noted that message boards and signs will be posted two
weeks prior to the event informing the residents and those people who will be affected by the
road closures exactly which roads will be closed, etc. Captain Licata stated flyers will also be
mailed to the people who live in the immediate area giving them specific instructions how they
would access the barrier island and how they would leave the barrier island without it being too
much of an inconvenience to the residents. Captain Licata stated the Police Department has been
working closely with representatives fi.om the film crew and the Beach Property Owners'
Association in an effort to get the message out to all the people who will be affected. Captain
Licata stated filming begins on Friday, September 13th and the road closure will be either on the
evening of Thursday, September 12th, or very early in the moming of the 13th. Captain Licata
stated there is some discussion that they may be able to open the road on Saturday and Sunday
but this has not yet been determined. If the vehicles are not able to be moved on the weekend,
then the roads will remain closed until Wednesday, September 18th. At that point, the roads
would be opened up again until they return on Thursday, September 26th and Friday, September
27th at which point the same traffic plan would go into affect for those two days.
Mr. Pittuzo commented that the rain day will be Thursday, September 19th.
Mr. Levinson stated this is tremendous for the community and commented this is
clearly a huge film.
Mr. Perlman stated the week that the filming will be going on is traditionally a
slow week for the economy and commented he is thrilled that the film crew is here.
Se
CONSENT AGENDA: City Manager Recommends Approval.
8.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2002-02:
Formally initiate Comprehensive Plan Amendment 2002-02 pursuant to Section 9.2.1 of the
Land Development Regulations.
8.B. REQUEST FOR SIDEWALK DEFERRAL/SEASHELL PROPERTIES~
INC.: Approve a request fi.om Seashell Properties, Inc. to defer the installation of a sidewalk in
front of 1054 Melaleuca Road. Staff recommends approval.
8.C. RESOLUTION NO. 68-02: Approve Resolution No. 68-02 assessing costs for
action necessary to abate nuisances on nine (9) properties throughout the City.
The caption of Resolution No. 68-02 is as follows:
-3-
8/20/02
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 ASSESS-
MENTS; 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. 68-02 is on file in the City Clerk's office.)
8.D. EMERGENCY SERVICES AGREEMENT/CITY OF BOCA RATON:
Approve the acceptance of an Emergency Services Agreement for Emergency Fire/Rescue
Mutual Assistance and Automatic Aid with the City of Boca Raton.
8ogo
EMERGENCY SERVICES AGREEMENT/CITY OF BOYNTON BEACH:
Approve the acceptance of an Emergency Services Agreement for Emergency Fire/Rescue
Mutual Assistance and Automatic Aid with the City of Boynton Beach.
8.F. EMERGENCY SERVICES AGREEMENT/PALM BEACH COUNTY:
Approve the acceptance of an Emergency Services Agreement for Emergency Fire/Rescue
Mutual Assistance and Automatic Aid with Palm Beach County.
8.G. AMENDMENT TO BOARD OF ADJUSTMENT RULES: Approve revisions
to the Board of Adjustment Rules incorporating the recently adopted procedures for quasi-
judicial hearings.
8.H. SPECIAL EVENT REQUEST/HOWARD ALAN 8TM ANNUAL DELRAY
BEACH CRAFT FESTIVAL: Approve a special event request for the 8th annual Delray Beach
Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m.
on September 21, 2002 and September 22, 2002, granting a temporary use permit per LDR
Section 2.3.6(H) for the closure of N.E. and S.E. 4th Avenue, one block north/south of Atlantic
Avenue, and the Hand's parking lot for vendor parking, and authorize staff support for police
security with the sponsor paying all overtime costs.
8.I.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period August
5, 2002 through August 16, 2002.
8°Jo
AWARD OF BIDS AND CONTRACTS:
-4-
8/20/02
e
m
Bid award to Republic Construction and Development, Inc. in the amount
of $80,794.00 for the replacement of two (2) lifeguard towers. Funding is
available from 334-6112-519-62.14 (General Construction Fund).
Purchase award to Comark Government Education Sales in the amount of
$33,978.00 for the purchase of six (6) new laptop computers for the Police
Department Patrol Officers under State Negotiated Agreement Price
Schedule (SNAPS) Contract No. 2501937-2. Funding is available from
115-2112-521-64.90 (Federal Asset Forfeiture Account).
Purchase award to Accris Corporation in the amount of $84,107.00 for the
purchase of a network back-up and recovery software and hardware
system. Funding is available from 334-6112-519-64.12 (Office
Equipment).
Purchase award to Presidio Corporation in the amount of $22,939.42 for
the purchase of hardware, equipment, and associated installation costs to
extend the wireless communication project to Fire Station 3. Funding is
available from 334-6112-519-64.90 (Other Machinery/Equipment).
8.K. LEASE AGREEMENT/PALM BEACH COUNTY: Approve a lease
agreement between the City of Delray Beach and Palm Beach County School District for the
District One (1) Substation at Atlantic High School.
Mr. Perlman moved to approve the Consent Agenda as amended, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
REGULAR AGENDA:
9.A.A. PURCHSE AWARD TO COMARK GOVERNMENT EDUCATION
SALES IN THE AMOUNT OF $33~978.00 FOR THE PURCHASE OF SIX (6) NEW
LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT PATROL OFFICERS
UNDER STATE NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS)
CONTRACT NO. 2501937-2. FUNDING IS AVAILABLE FROM 115-2112-521-64.90
(FEDERAL ASSET FORFEITURE ACCOUNT)
Mr. Levinson stated the proposal from CoMark that was in the Commission
packet indicates that six (6) laptop computers total $33,978 and commented that these computers
are 800 MHZ which he feels is a lot of money for an 800 MHZ computer. Mr. Levinson stated it
would make him feel better to know that the City is paying for something that is current as
opposed to paying for something that is old.
The City Manager stated the Toughbook 28 is a Pentium III Processor and the
Pentium IV Processor is normally purchased for standard applications.
-5-
8/20/02
The City Manager stated it is his understanding that the City of Boca Raton has
tried standard computers and they get torn up rather quickly.
Joseph Safford, Director of Finance, stated this is the latest model for the
Toughbook that the City can get and is overall more cost effective.
Mr. Levinson stated he understands that these must be shock resistant, etc.
However, he commented for the price they are paying for an 800 MHZ Pentium III computer, he
feels staff should be looking for an alternative and a more current model because in a year or two
a lot of the software is going to run very slow on an 800 MHZ computer.
Mr. Levinson moved to table this item until the meeting of September 3, 2002,
and address concerns expressed by Commissioner Levinson to make sure it is a product that can
be upgraded and if there is something special about the Toughbooks the Commission should be
made aware of, 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.A. FILMING AUTHORIZATION/BAD BOYS Il/BIRD HOUSE: Consider
authorizing the closure of A-1-A from Linton Boulevard to Casurina during the actual filming at
the Bird House and the use of City owned parking lots/property as needed for thc production
company parking and base camps.
Mr. Perlman moved to approve the closure of A-1-A from Linton Boulevard to
Casuarina Road during the filming at the Bird House and the use of City owned parking
lots/property as needed for the production company parking and base camps, 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.
9.B. CANCELLATION OF CONTRACTflSADORA BRADY: Consider
authorizing the cancellation of Contract for Sale and Purchase with the Estate of Isadora Brady
due to property title issues.
The City Attorney stated this is before the Commission to consider cancellation of
the contract at this time because of title issues which need to be worked out. In addition, the City
Attorney stated the City is looking at other avenues of possibly acquiring this property with
assistance from the CRA.
Mr. Levinson moved to approve the cancellation of the Contract for Sale and
Purchase with the Estate of Isadora Brady, 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.
9.C. FIRE-RESCUE/RECRUITMENT INCENTIVE PROGRAM: Consider
adopting a Fire-Rescue Recruitment Incentive Program to compensate City employees for
-6-
8/20/02
recruitment of candidates hired by the City of Delray Beach.
The City Manager stated the Commission has approved setting up an incentive
program for the Police Department and he is pleased to announce that these vacancies are rapidly
filling up. The City Manager continued to state that the City would like to have a similar
program for the Fire Department and this would be available to any employee who recruits a
firefighter.
Mrs. Archer moved to approve a Fire-Rescue Recruitment Incentive Program to
compensate City employees for recruitment of candidates hired by the City of Delray Beach,
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.D. RESOLUTION NO. 67-02: Consider approval of Resolution No. 67-02
establishing the Public Arts Task Force consisting of nine (9) members with a sunset date of
April 1, 2003. The City Commission will appoint five (5) members at the September 3rd
Commission meeting.
The caption of Resolution No. 67-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING A PUBLIC ARTS
TASK FORCE FOR THE PURPOSE OF IDENTIFYING THE
METHODS, PROCESS, CRITERIA AND POTENTIAL FUNDING
SOURCES FOR THE INCORPORATION OF ART INTO FUTURE
DEVELOPMENT PROJECTS WITHIN THE CITY OF DELRAY
BEACH, PROVIDING AN EFFECTIVE DATE AND A SUNSET
DATE.
(The official copy of Resolution No. 67-02 is on file in the City Clerk's office.)
Mr. Levinson moved to approve Resolution No. 67-02, 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.E. SPECIAL EVENT/HEART AND SOUL RUN/WALK: Consider approval of
special event request to allow the Heart and Soul Run/Walk sponsored by the Village Foundation
and Muzak Heart and Soul Foundation, to be held on September 7, 2002 from 7:30 a.m. until
1:00 p.m., including a temporary use permit per LDR Section 2.4.6(H) for the use of City
property and closure of fight-of-way along Ocean Boulevard, and authorize staff support for
barricading, signage, traffic control/security, and stage set up/removal; contingent on the
sponsors providing a hold harmless agreement and certificate of insurance.
-7-
8~0~2
Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse
the Heart and Soul Rrm/Walk sponsored by the Village Foundation and the Muzak Heart and
Soul Foundation to be held on September 7, 2002 from approximately 7:30 a.m. to 1:00 p.m., to
grant a temporary use permit per LDR Section 2.4.6(H) for use of City property and right-of-way
along Ocean Boulevard, and to authorize staff support for barricading, signage, traffic control
and security, and stage set up/removal. Approval would also require a waiver of parking meter
fees in Anchor Park. The estimated overtime cost for this event is $3,200. The event sponsors
are asking for a waiver of these costs. The goal of this event and the concert they are having at
the Marriott Hotel on Sunday is to raise $25,000 for the Village Foundation Programs. This
event was held two (2) years ago as a walk only event along Atlantic Avenue and S.W. 12th
Avenue.
Mr. Levinson stated that in the budget there are grants for non-profit
organizations but the list does not include waivers of overtime and other waived fees and
commented that these are really contributions to organizations. Mr. Levinson suggested that
staff look at the budget for cash awards and include it in so as to get a better handle on the "in-
kind" services.
Mr. Perlman moved to approve the special event request to allow the Heart and
Soul Run/Walk sponsored by the Village Foundation and Muzak Heart and Soul Foundation, to
be held on September 7, 2002 from 7:30 a.m. until 1:00 p.m., and subject to staff's
recommendations, 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.F. CANCELLATION OF CONTRACT/LUXURY LIMOUSINE: Consider
authorizing the cancellation of contract with Luxury Limousine Service Inc. for bus rental and
driver service for Parks and Recreation and approve an emergency purchase order to Florida
Network Tours in the amount of $7,170.00 for the remainder of the contract.
Joseph Weldon, Director of Parks and Recreation, stated the City of Delray Beach
mailed a renewal letter to Luxury Limousine Service, Inc. and they are requesting a cancellation
of the contract to be effective August 26, 2002. Mr. Weldon stated Florida Network Tours was
contacted and have agreed to provide the service through the contract deadline of September 30th
to get the Parks and Recreation Department through the Rocks Football Game and other events.
Ms. McCarthy moved to approve the cancellation of the contract with Luxury
Limousine Service, Inc. and approve an emergency purchase order to Florida Network Tours in
the amount of $7,170 for the remainder of the contract, 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.
At this point, the Commission moved to Item 12, First Readings.
-8-
8/20/02
12. FIRST READINGS:
12.A. ORDINANCE NO. 37-02: An ordinance amending Chapter 110,
"Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of
Ordinances to provide for a five (5) percent increase in all occupational license tax fees effective
October 1, 2002. If passed, a public hearing will be scheduled for September 3, 2002.
The caption of Ordinance No. 37-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110,
"OCCUPATIONAL LICENSES GENERALLY", SECTION
110.15, "LICENSE TAX SCHEDULE", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, TO
PROVIDE FOR AN INCREASE IN OCCUPATIONAL LICENSE
FEES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 37-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Perlman moved to approve Ordinance No. 37-02 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.
At this point, the Commission moved to Item 9.H. of the Regular Agenda.
9oHo
WATER/SEWER BUDGET FY 2002-2003
The City Manager briefly reviewed the water and sewer budget and stated he
expects there will be a deficit in this fund of approximately $300,000 or so. The City Manager
stated the City will construct the Ionization Exchange Program. In addition to the Water
Treatment Plant, the City will not have operating costs for that this year, but we will begin
paying debt service and that alone requires approximately a two (2) percent increase in rates.
The City Manager stated the proposed water and sewer rate increase is six (6) percent.
Mrs. Archer asked what does the six percent proposed increase mean to the
individual homeowner. In response, the City Manager stated for the average consumer, this
would mean a little less than $2.00 per month.
Mr. Perlman commented about the Ionization Exchange Program that is driving
much of the increase and asked if this is a Federal mandate. In response, the City Manager stated
it is a Federal mandate to comply with the Clean Water Act and commented that there are no
Federal or State monies available.
-9-
8/20/02
Mr. Perlman asked if there are any efforts from the Florida League of Cities or the
National League of Cities to lobby Congress for funds so that there is some aid to local
governments. In response, the City Manager stated although he is not familiar with them closely,
he is aware that there have been some efforts both at the State and Federal level because so much
of this is being driven by the Safe Drinking Water Act requirements.
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. 36-02: An ordinance rezoning from R-1-AA (Single Family
Residential) to RM (Multiple Family Medium Density Residential) for a parcel of land located
on the south side of S.E. 5th Street, approximately 160 feet east of S.E. 6th Avenue (Federal
Highway) - 622 S.E. 5th Street. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time. Quasi-Judicial
Hearing
The caption of Ordinance No. 36-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED R- 1-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL
LOCATED ON THE SOUTH SDE OF SE 5TH STREET,
APPROXIMATELY 160 FEET EAST OF SE 6TH AVENUE
(NORTHBOUND FEDERAL HIGHWAY) - 622 SE 5TH
STREET, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
2002"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 36-02 is on file in the City Clerk's office.)
The City Attorney read the caption of Ordinance No. 36-02.
Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is
conducted by the City of Delray Beach.
The City Attorney stated this item will be conducted as a quasi-judicial hearing
which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
item.
The City Clerk swore in those individuals who wished to give testimony on this
-10-
8/20/02
Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mrs.
Archer, Mr. Perlman, and Ms. McCarthy had no ex parte contacts. Mayor Schmidt stated he had
a brief conversation with Michael Weiner yesterday asking him to support this. Mr. Levinson
stated he had a conversation with Michael Weiner and Dr. Shapins.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-269 into the record.
Mr. Dorling stated the subject property consists of Lot 11, less the west 166 feet
thereof, Block 1, Osceola Park and contains 0.5466 acres. The property contains a single family
residence which was constructed in 1953. The subject property was rezoned from RM-10
(Multiple Family Residential - 10 units per acre) to R-l-AA (Single Family Residential), which
is its current zoning designation.
At its meeting of July 15, 2002, the Planning and Zoning Board considered this
request and after lengthy discussion, unanimously recommended approval of the request on a 6-0
vote.
Michael Weiner~ Attorney representing the owner/applicant Charles O.
Anderson~ stated Mr. Anderson is thc owner of 0.55 acres located at 622 S.E. 5th Street, Delray
Beach, Florida and is here for a rczoning. Mr. Wciner entered Mr. Miller's r6sum6 into thc
record as a qualified land planner and expert who will testify with respect to land planning
issues, compatibility and consistency of this particular rezoning. Mr. Weincr stated to receive a
change in zoning the requirements of the LDR's for the City of Delray Beach must be met. Mr.
Weiner stated that the requirements of Chapter 3 are Future Land Usc Map Designation,
Concurrency, Comprehensive Plan policies, and Compatibility and Consistency. The Planning
and Zoning Board made positive findings with respect to all of these four subcatcgories and
Chapter 3 and recommended the rezoning. Furthermore, Mr. Weiner stated the last requirement
is under Section 2.4.5(D)(5) which states you must come forward with one of three reasons. In
this case, Mr. Weiner stated thc applicable reason is set forth in Section 2.4.5(D)(5)(C) which
states "that the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon the circumstances particular to
the site and/or neighborhood." Mr. Wciner stated them is mom than enough room for parking
and that parking will either be equal to what is required or exceeded and emphasized that they
want to be a good neighbor.
Bradley Miller~ Land Planner of Miller Land Planning Consultants and
representing the applicanh addressed three primary issues. One is the consistency of the
surrounding land uses, second is the consistency of thc Comprehensive Plan, and last is the
adequate process that is already in place in the City's Code for this project to continue forward.
In summary, Mr. Miller stated the rezoning application is consistent with the surrounding land
uses and brings it into consistency with thc Comprehensive Plan and thc Comprehensive Plan
designation.
Mayor Schmidt declared the public heating open.
-11-
8/20/02
Dr. Frank Shapins, Dentist/owner of the dental building located at 505 S.E.
6th Avenue, Delray Beach (west of the proper .ty), stated he would like to ensure that whatever
is being considered for his neighbor's property will be a quality project and will provide
adequate parking so that all parking can be kept on-site. Dr. Shapins expressed concern that if
they build to the maximum and there are only fifteen spaces and six units this would only leave
three spaces for service, vehicles, and guests. Dr. Shapins stated if these code requirements are
exceeded, then his objections would be largely taken care of. Dr. Shapins stated if there is no
street parking available on either S.E. 5th Street or S.E. 7th Avenue and if they cannot contain all
their parking on the property, he feels the natural place for those extra cars to go will be his lot.
Dr. Thomas Hughes, Dentist/second owner of the dental building located at
505 S.E. 6th Avenue~ Delray Beach~ and speaking on behalf of the dentists in the buildinu
and the surrounding neighbors, stated this is really a neighborhood of one story low density
properties and expressed concern over the height of the town homes and the number of units that
may be there. Also, Dr. Hughes expressed concern over thc traffic that may be generated on the
one-way road that goes north and south to the east of the property. Dr. Hughes stated originally
it was two lanes but after concerns of the neighborhood the City deemed it necessary to decrease
it with the concrete barriers and commented that the first two streets to the north are all one-way.
Therefore, Dr. Hughes stated if someone is driving and misses 5th Street, you have to travel three
blocks north and come down a one lane road to the south to get back to the property. Dr. Hughes
stated there has been a history of long time concern to the neighbors with the traffic flow in this
area. Dr. Hughes stated this lot has limited ingress/egress to it and therefore feels it would be
difficult to fit fifteen parking spaces along that one front.
Dr. Robert DePalma~ Dentist/third owner of the dental building located at
505 S.E. 6th Avenue, Delray Beach, concurs with comments expressed by Dr. Shapins and Dr.
Hughes and stated his main concern is thc parking. Dr. DePalma stated that there is already an
overflow generated from thc Veterinarians office. Dr. DePalma stated he wants to be a good
neighbor and see Delray grow but urged the Commission to take everyone into consideration.
There being no one else from the public who wished to address the Commission,
the public heating was closed.
Mr. Weiner came forward to give his rebuttal.
Mr. Weiner stated they are here this evening to look at good planning and
commented that by looking at the adjacent structures such as The Barrton Apartment Condo, the
office building, the second office building and the RM (Multiple Family Residential - Medium
Density) zoning which surrounds it, this is the most compatible and consistent use to the adjacent
structures.
Mrs. Archer asked how many units are in the Sobra Del Mar Townhouse Villas
and how do they gain access. In response, Mr. Dorling stated there is a road that is an extension
of S.E. 7th Avenue that runs parallel to the property. Mrs. Archer asked how people will be
gaining access to the five town homes that are proposed for this property. Mr. Dorling stated he
does not believe that that is a public right-of-way but is private property. Therefore, Mr. Dorling
-12-
8/20/02
stated if that in fact was a private access tract the only way access would be granted would be on
S.E. 5th Avenue. Mr. Dorling stated the zoning would allow a base of three units and six
maximum if performance standards are met.
Prior to the vote, Mayor Schmidt stated as Mr. Weiner pointed out this really is to
do with zoning and the concerns raised are to do more with the site plan. Furthermore, Mayor
Schmidt stated there have also been several statements by Mr. Weiner on behalf of his client that
they will work with the adjacent property owner's to make the parking as beneficial as possible.
Mr. Levinson moved to adopt Ordinance No. 36-02 on Second and FINAL
Reading, 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.
10.B. ORDINANCE NO. 33-02 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations to modify the
definition and regulations pertaining to substance abuse treatment facilities and amending
Section 4.4.6 Medium Density Residential (RM) district by removing residential alcohol and
drug treatment facilities as a conditional use. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public heating has been scheduled to be held at this time
The caption of Ordinance No. 33-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, BY REPEALING SECTION 4.3.3(D),
"RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITIES" AND ENACTING
A NEW SECTION 4.3.3(D), "SUBSTANCE ABUSE
TREATMENT FACILITIES", PROVIDING A DEFINITION
AND ESTABLISHING A MINIMUM CRITERIA FOR
SUBSTANCE ABUSE TREATMENT FACILITIES,
ADDRESSING THE EFFECTIVE DATE FOR EXISTING
SUBSTANCE ABUSE TREATMENT FACILITIES;
AMENDING SECTION 4.3.3(I), "COMMUNITY
RESIDENTIAL AND GROUP HOMES" TO EXCLUDE
CERTAIN SUBSTANCE ABUSE TREATMENT FACILITIES;
AMENDING SECTION 4.4.6 "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED", BY
REMOVING RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES; AMENDING SECTION 4.4.9
"GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION
4.4.9 (D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", BY REPLACING RESIDENTIAL ALCOHOL
-13-
8/20/02
AND DRUG ABUSE TREATMENT FACILITIES WITH
SUBSTANCE ABUSE TREATMENT FACILITIES;
AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT," SUBSECTION 4.4.13 (D), "CONDITIONAL USES
AND STRUCTURES ALLOWED," BY REPLACING
RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT
FACILITIES WITH SUBSTANCE ABUSE TREATMENT
FACILITIES; AMENDING 4.4.16, "PROFESSIONAL AND
OFFICE (POD) DISTRICT," SUBSECTION 4.4.16 (D),
"CONDITIONAL USES AND STRUCTURES ALLOWED," BY
REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES WITH SUBSTANCE ABUSE
TREATMENT FACILITIES; AMENDING 4.4.17,
"RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION
4.4.17 (D), "CONDITIONAL USES AND STRUCTURES
ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL
AND DRUG ABUSE TREATMENT FACILITIES WITH
SUBSTANCE ABUSE TREATMENT FACILITIES;
AMENDING 4.4.21, "COMMUNITY FACILITIES (CF)
DISTRICT," SUBSECTION 4.4.21(D), CONDITIONAL USES
AND STRUCTURES ALLOWED", BY REPLACING
RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT
FACILITIES WITH SUBSTANCE ABUSE TREATMENT
FACILITIES; AMENDING 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)," SUBSECTION 4.4.24
(D), "CONDITIONAL USES AND STRUCTURES ALLOWED,"
BY REPLACING RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES WITH SUBSTANCE
ABUSE TREATMENT FACILITIES; AMENDING
SUBSECTION 4.6.9 (C), "NUMBER OF PARKING SPACES
REQUIRED," BY REPLACING RESIDENTIAL ALCOHOL
AND DRUG ABUSE TREATMENT FACILITIES WITH
SUBSTANCE ABUSE TREATMENT FACILITIES;
AMENDING APPENDIX "A", "TERM AND DEFINITION," BY
REPEALING THE DEFINITIONS OF "NON-RESIDENTIAL
SUBSTANCE ABUSE TREATMENT FACILITY,"
"RESIDENTIAL TREATMENT FACILITY," AND
"SUBSTANCE ABUSE" IN THEIR ENTIRETY AND ADDING
THE DEFINITION OF "SUBSTANCE ABUSE TREATMENT
FACILITY"; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 33-02 is on file in the City Clerk's office.)
-14-
8/20/02
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, Director of Planning and Zoning, stated earlier this year, the Florida
Legislature amended Chapter 397, Florida Statutes, regarding the regulation of Substance Abuse
Treatment Facilities, which became effective July 1, 2002. Thus, the City's Land Development
Regulations regarding treatment facilities require amendment to conform to the State's
requirements under Chapter 397, Florida Statutes. The amendment involves repealing LDR
Section 4.3.3(D) (Residential and Non-Residential Alcohol and Drug Abuse Treatment
Facilities), which lists specific requirements for substance abuse treatment facilities.
Mayor Schmidt declared the public hearing open.
Carolyn Zimmerman, President's Council of Delray, 212 S.W. 2nd Avenue,
Delray Beach, stated she does not feel there is anything behind the opposition to the ordinance
except money. Ms. Zimmerman stated people are coming into town purchasing residential
property and have turned it into sober living spaces, not for the purpose of helping people but to
make money on them. Ms. Zimmerman urged the Commission to not ignore the discomfort of
the regular citizens of Delray and suggested that the Commission move forward and look for
solutions. Furthermore, Ms. Zimmerman stated if this ordinance does not pass, she suggested
that the City use its own Code of Ordinances and Code Enforcement to ensure that all these
facilities have a license and are operating under the proper regulations.
George Jahn, 220 S.E. l0th Street, Delray Beach~ expressed opposition to the
proposed ordinance in its entirety in particular the inclusion of so called "half-way houses" as
substance abuse treatment facilities and their subsequent exclusion from existing in virtually 95
percent of the available rentals in Delray Beach. Mr. Jahn stated sober living provides a safe
supportive drug-free environment for adults in recovery who have chosen to live in the semi-
structured rental apartments. Mr. Jahn commented about some misinformation in newspaper
articles about his facility and stated they have never received any monies from any insurance
companies whatsoever and never had anyone leave in the event of a so called "relapse" without
making some appropriate destination. Mr. Jahn stated it is important to note that the vast
majority of the residents stay for the duration of their leases and have moved to other areas of the
community and continue their lives as responsible and contributing members of the community.
Hope Ellis, 2496 Sundy Avenue, Delray Beach, representing the Woods of
Southridge Homeowners' Association, reported that there are currently five sober houses
within the 110 home development and stated she has contacted Code Enforcement about the
number of cars parked in the street and driveway, the garages that are being rented as bedrooms,
and the meetings being held in the homes. Ms. Ellis stated she was informed by Code
Enforcement that five unrelated individuals are permitted to live together in a home. Ms. Ellis
urged the Commission to look at what can be done and support Code Enforcement.
Dawn Jonas, owner of the Recovery. Zone, 10709 N.W. 7th Street, Boca
Raton, stated she is a recovered addict who stated in her recovery she was taught to reach out
-15-
8/20/02
and help the newly recovering addict by setting an example and give them hope. Ms. Jonas
stated she and her husband own four businesses in Delray one of which is called the "Recovery
Zone" and stated there is a necessity for these kinds of facilities. Ms. Jonas urged the
Commission to table this item and give the City of Delray Beach a chance to work through some
of the issues.
Keith Sinert, 206 S.E. 1st Avenue, Delray Beach, stated he is a proud property
owner of the Savoy Condos and commented that he is doing the right thing by getting his life
back on track. Mr. Sinert stated everyone needs each other and does not feel he should have to
move to another location. Mr. Sinert stated that he has a residential facility that is zoned RM and
commented that he shares a driveway with a construction company which he does not feel is
fight.
Roger Boos, 3655 Lakeview Blvd., Delray Beach and owner of Delray Place
located at 220 S.E. l0th Street, Delray Beach, stated Sober Living of Delray rents 32 units out
of his 51 units and stated he has never had any problem with his tenants.
Joanne Genet, 2459 Southridge Road, Delray Beach~ stated she understands
thc sober living homes have done well for people; however, she lives in a residential area. She is
concerned for thc safety of her child as well as her home and feels sober living homes should bc
placed in a medically zoned area not in a residential area.
Harold Jonas~ owner of the Recovery Zone located at 1079 N.W. 7th Street~
Boca Raton~ stated he has multiple locations and provides housing for thirty-five recovering
addicts. Mr. Jonas stated he has been in business since 1995 and wish to continue to be
productive proactive property owners. Mr. Jonas continued to state that they work hard to
effectively manage their properties and tenants by instilling a sense of community and
responsibility. He urged the Commission to table this ordinance and entered into the record the
National Directory of Alcohol and Drug Abuse Program for 2001 published by the government
which lists over 8,500 facilities from across the country to show that this is a national health
epidemic. In addition, Mr. Jonas entered into the record information regarding the Fair Housing
Act.
Michael Rodriguez, Attorney with Sachs, Sax & Klein~ P.A., and represents
the Watershed Treatment Facility, stated thc patients of the Watershed Treatment Facility arc
voluntarily admitted and stated it has bccn expressed that thc City of Delray Beach seems to bc
following along thc lines of Boca Raton with regard to trying to eliminate these sober houses.
Mr. Rodrigucz stated thc Boca Raton ordinance is being examined for possible violations of the
Fair Housing Act. Mr. Rodriguez stated thc elimination of thc distinction between residential
and non-residential opens thc door for possible liability under thc ADA Act by discriminating
against those recovering addicts who are deemed by creating offices that arc to treat them to go
through thc additional hurdle of a conditional use approval in zones where they arc currently
permitted. Mr. Rodrigucz strongly urged the Commission to table this ordinance or not adopt at
all.
-16-
8/20/02
Dr. Larry Kirkland, 240 S.E. l0th Street, Delray Beach, stated his area of
specialty work is primarily that of new drug research and development treatment and prevention
of HIV infection. Dr. Kirkland stated he has taught at the medical school level and at the
university school level on infectious disease transmission and how these relate to active drug
abuse. Dr. Kirkland urged the Commission to support the existence of half-way houses and the
recovery community.
Peter Harrigan, 705 S. Linton Boulevard (Palm Gardens), Delray Beach,
stated he rents to the Watershed for their residential use and emphasized that they do not provide
any treatment on the facility. Mr. Harrigan stated the residents have been excellent tenants and
urged the Commission to table this ordinance.
Lorraine Jahn, Attorney who represents the Delra,y Beach Recovery
Association (recently formed group of owners of sober houses in Delray Beach), stated under
the Federal Fair Housing Administration Act (FFHA) that recovering drug addicts and alcoholics
are a disabled group. Ms. Jahn stated that a municipality has an affirmative duty to make
reasonable accommodations to afford people with disabilities the same opportunity to housing as
those without the disabilities. Ms. Jahn urged thc Commission to not adopt Ordinance No. 33-
02.
Nicholas Tullo, 738 S.E. 5th Avenue, Delray Beach, stated he was former owner
of a duplex which he leased to a person who operated a sober living facility for women. Mr.
Tullo stated he spent a lot of time on thc property because he did all the maintenance and thus
got to know the residents. Mr. Tullo stated the people who manage the facilities are in it because
thc primary service is part of giving back the benefit of their own sobriety. Mr. Tullo urged the
Commission to table the ordinance for further review.
Silvia Hastings, 2465 Southridge Road, Delray Beach, expressed concern for
thc safety of her children and urged the Commission to monitor the problems in the
neighborhood.
June Phoenix, (unable to obtain address), stated she is a recovering addict for
over two years and stated recovery works. Furthermore, Ms. Phoenix stated Palm Gardens and
Watershed saved her 1ifc and stated she is proud to bca recovering addict.
Lawrence O'Kaily, 206 S.E. 1st Avenue, Delray Beach, stated it is a
misconception that the sober houses are in it for the money but rather provide a safe
environment. Mr. O'Kaily stated he has been a recovered addict for over two years and without
the recovery system in Delray Beach many addicts would not have a chance to be productive in
life. Mr. O'Kaily stated these people are not the cause of violence in Delray Beach. Mr.
O'Kaily urged the Commission to table this ordinance.
Bunn.y Elrod, 302 S.W. 1st Avenue, Delray Beach and President of the
Merritt Park Homeowners' Association~ stated there is not one of us that does not want to sec
people have the chance for recovery but as residents of the City of Dclray, she feels they have
the right to restrict where these places arc located.
-17-
8/20/02
Norbert Poli, 235 N. Swinton Avenue, Delray Beach and operates Light
House at Delray Beach, Inc. (112 S.W. 1st Avenue), commented how they contribute to the tax
base in the community and stated the recovering addicts do not equate to more crime and more
problems in the neighborhood.
Stephen Kennedy, 1401 N.W. 15th Avenue, Unit #8, Boca Raton, stated he is
eternally grateful to the City of Dclray Beach because in 1985 he was homeless and given an
opportunity to recover. Mr. Kennedy stated he has bccn sober for sixteen years and commented
that he feels he was given another chance at life.
Gary. Guzzo, 330 Harmon Court, Delray Beach, stated he spent nine months in
a sober living facility and commented that this ordinance will not touch the people that are doing
thc wrong thing but will affect the larger organizations that are helping people.
There being no one else from the public who wished to address the Commission
regarding Ordinance No. 33-02, the public hearing was closed.
Mrs. Archer stated Delray Beach has always been receptive to treatment facilities
and recovering individuals. Mrs. Archer stated she has no problems with people that are clean
and sober and who are in recovery. Mrs. Archer stated these people deserve a safe place to live
and commented that a sober house is usually a short-term transient rental. Mrs. Archer stated
when the landlord can accept rent fi.om an individual and then without due notice or the refund
of any unused rent put that individual out on the street unexpectedly and without resources, she
feels that the landlord is taking advantage of the disabled. Mrs. Archer stated these individuals
are being taken advantage of by unscrupulous landlords and are left to beg, steal to eat, or
become homeless. Therefore, Mrs. Archer stated sober houses need to be regulated and
supervised either by the treatment centers or by some association of themselves.
Mr. Perlman concurs with comments expressed by Mrs. Archer and stated there is
a perception that the Commission is looking to eliminate these facilities but instead the
Commission is looking to create a situation that there be peaceful coexistence. Mr. Perlman
suggested that they continue this dialogue and commented that he would like to know or hear
more about the Police Officer's perspective and statistics on what is happening in the
neighborhoods.
Ms. McCarthy stated she would like to applaud all the people who spoke this
evening about their experiences. Ms. McCarthy stated she believes in equality for all human
beings and commented that the issue is for citizens to be able to coexist not only with people that
are in the sober houses but also to coexist with the neighborhoods. Ms. McCarthy encouraged
these people to work together at finding a solution and help with suggestions in order to make
this work.
Mr. Levinson stated he feels an appropriate position would be to vote against the
ordinance and direct staff to work with the Department of Justice to see if something can be
worked out or resolved between the neighborhoods and the sober houses.
-18-
8/20/02
Mayor Schmidt stated this is a very difficult issue and commented about some
people from the public talking about being good neighbors. Mayor Schmidt stated a comment
was made about how the recovery community does attract people to Delray Beach but he feels it
needs to be regulated in some way. Mayor Schmidt suggested that the Commission table this
ordinance and get together with the Delray Beach Recovery Association and the Department of
Justice to see if they can craft some compromise language.
Mrs. Archer moved to table Ordinance No. 33-02 and include the citizens that
represent the other side, and proceed with bringing the City's current ordinance in line with the
State ordinance to conform to State law, 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.
10.C. ORDINANCE NO. 35-02: An ordinance amending the Future Land Use Map
(small-scale) from County MR-5 (Medium Residential 5-units per acre) to City LD (Low
Density Residential 0-5 du/ac) and annexation with initial zoning of R-l-AAA (Single Family
Residential) for the Koeser Residence, located on the west side of Barwick Road, approximately
260 feet north of the L-31 canal (13341 Barwick Road). Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time. Quasi-Judicial (as to zoning) Public Hearing
The caption of Ordinance No. 35-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, A PARCEL OF LAND ON
THE WEST SIDE OF BARWICK ROAD,
APPROXIMATELY 260 FEET NORTH OF THE L-31
CANAL (!3341 BARWICK ROAD), AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO THE CITY; REDEFINING THE CITY'S
BOUNDARIES TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
AFFIXING LAND USE DESIGNATION OF LD (LOW
DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO
THE FUTURE LAND USE MAP IN THE CITY'S
COMPREHENSIVE PLAN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE PLAN AMENDMENTS; PROVIDING
FOR ZONING SAID LAND TO R-I-AAA (SINGLE FAMILY
RESIDENTIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE
(The official copy of Ordinance No. 35-02 is on file in the City Clerk's office.)
-19-
8~0~2
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 asked if there is anyone who wishes to speak on Ordinance No.
35-02 to stand and be sworn in by the City Clerk. In addition, Mayor Schmidt commented that
Mr. Dorling is still under oath. No one else came forward to be sworn in.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-265 & #2002-266 into the record.
The 0.88 acre property is currently located in unincorporated Palm Beach County
and has an AR (Agricultural Residential) zoning designation. The property is located within the
City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at
this time.
At its meeting of July 15, 2002, the Planning and Zoning Board held a public
heating in conjunction with the requests. There was no public testimony regarding the proposal
and after discussion, the Board voted 7-0 to recommend that the requests be approved, based
upon positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5),
and that the property is contiguous, reasonably compact and does not create an enclave; and, that
services will be provided to the property in a manner similar to other similar properties within
the City.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 35-02, the public hearing was
closed.
Ms. McCarthy moved to adopt Ordinance No. 35-02 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
10.I). ORDINANCE NO. 34-02: An ordinance amending Chapter 35, "Employee
Policies and Benefits" of the City Code of Ordinances by enacting Section 35.056 "Designation
of Personnel as Critical to Security". 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 caption of Ordinance No. 34-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
-20-
8/20/02
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", BY ENACTING SECTION 35.056,
"DESIGNATION OF PERSONNEL AS CRITICAL TO
SECURITY", TO PROVIDE FOR FINGERPRINTING AND
BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT
APPLICANTS AND EMPLOYEES FOR THOSE
DEPARTMENTS WHICH ARE DESIGNATED AS CRITICAL
TO SECURITY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 34-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public heating open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 34-02, the public
heating was closed.
Mr. Perlman moved to adopt Ordinance No. 34-02 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.
11.~. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ll.A.
City, Manager's response to prior public comments and inquiries.
In response to a prior concem expressed about the fireworks around the 4th of
July, the City Manager stated Police Chief Schroeder plans to address the topic of fireworks at
the September Law Enforcement Planning Council Meeting to determine what support may be
gathered from other Chiefs in the County. The City Manager stated the fireworks is a statewide
issue and staff feels it is necessary to start at a county-wide level to bring about any lasting
change to the problem. The City Manager stated staff will keep Ms. Zimmerman posted as Chief
Schroeder continues his efforts in this regard.
Secondly, with regard to a concern expressed by Ms. Wright about various traffic
issues near her home and her concern about the original flashing light at N.W. 8th Avenue and
N.W. 2nd Street being removed, the City Manager stated this flashing light was removed
approximately ten years ago and a permanent concrete median was installed and landscaped by
the City. The City Manager stated Ms. Wright stated several vehicles obstruct the curb but
inspection of the curb did not disclose any damage. The City Manager stated Ms. Wright feels
-21-
8/20/02
the light was better and is adamant about this. She also stated she felt N.W. 2nd Street was a
speed area and stated vehicles are speeding at all times everyday. The City Manager stated
Officer Aronowitz attempted to get specific times for monitoring but Ms. Wright stated
"everyday at all times". Ms. Wright stated on occasion some vehicles that are traveling west on
N.W. 2nd Street go the wrong way around the concrete median and pose a traffic hazard and
cause damage to her property. The City Manager stated in response to her concems, Ms. Wright
was informed she could contact the Engineering Department and inquire why the light was
changed and that they could provide her with better documentation for the decision that was
made to remove the flashing light. Officer Aronowitz requested that the Streets Maintenance
Division place a monitoring device on N.W. 2nd Street between N.W. 7th Avenue and N.W. 9th
Avenue and report back on the findings. The City Manager stated upon receiving those findings,
the Police Department may deploy the Traffic Task Force or a Mobile Monitor Program.
With regard to a concern expressed by Ms. Zimmerman about trash and animal
control, the City Manager stated Code Enforcement patrols every neighborhood in the City on a
continuous basis. For example, everyday of the week trash set out at curbside at incorrect times
is removed from specific neighborhoods. The City Manager stated sanitation officers' routinely
check the collection company's performance by marking trash piles to ensure they are collected
properly throughout the City. Every month complaints relative to waste collection are evaluated
and compared to contractual standards. If complaints or service lapses violate contractual terms
then a collection company is fined.
With regard to Animal Control, the City Manager stated the City feels the Animal
Control Officer does an excellent job supplementing Palm Beach County's Animal Control
functions. In the next several weeks, the City Manager stated the Animal Control Officer will
monitor loose dogs in several areas throughout the City so that if she finds a problem, she can
develop a better plan of action for correcting it. The City Manager stated Palm Beach Animal
Care & Control will respond to problems reported to their office by City residents and response
time by the County will depend on the nature of the call and priority they assign to it.
With regard to a prior complaint about dogs not being on a leash, the City
Manager stated neither City of Delray Beach nor Palm Beach County Animal Control ordinances
require that dogs be physically restrained or kept in a fenced in yard. The City and the County
permit voice control and both prohibit dogs running at large off the owner's property. The City
Manager stated specific dogs which are declared dangerous or vicious are subject to much
stricter restraints by a Palm Beach County ordinance which is in effect within the City limits.
There are entities that have banned pit bulls the nearest of which are located in Miami and Dade
County. However, the City Manager stated most local ordinances that were reviewed were
temperament specific rather than breed specific. In other words, the City Manager stated
upgraded restraint methods are required when dogs of any breed demonstrate certain
unacceptable behavior.
-22-
8/20/02
11.B. From the Public.
11.B.1. Kenneth Gray, 696 Udell Lane~ Delray Beach, thanked the Commission and the
Police Department for expediting and resolving thc situation with regard to thc convenience store
located in Delray Shores.
Secondly, Mr. Gray asked if there will be any bus routes for the new high school
via Lake Ida Road to Davis Road. Mr. Gray expressed concern with the Delray Shores area
being populated with school buses and asked why the school buses cannot travel via Congress
Avenue to the new school versus the buses traveling through residential neighborhoods. Mr.
Gray stated the Sudan and Delray Shores neighborhoods are in disagreement with the number of
buses that are anticipated to be traveling through their neighborhoods. Mr. Gray stated that there
is a proposal for a light to be installed in front of his home at the intersection of Davis Road and
Lake Ida Road and he is strongly opposed to this.
Mayor Schmidt stated from preliminary discussions he has had with the Palm
Beach County School District staff, although it is not in the immediate plan, the site plan was
laid out for the potential that in the future there can be access off Congress Avenue.
The City Manager stated one of the advantages of moving the school is the school
in its existing site has approximately 800 students within a two mile radius and there are
approximately 2,000 or more students that qualify to be bused. However, the City Manager
stated in the location that is proposed, there are over 2,000 students who live within the two mile
radius and thus very few students would qualify for busing. Furthermore, the City Manager
stated all the buses will come in via Davis Road and all the students will be entering through the
main school entrance via Atlantic Avenue.
The City Manager commented that the buses to the high school will travel via
Davis Road from Lake Ida Road. The City Manager stated there should be very few buses
traveling this road because there are approximately 2,000 within a two mile radius. Mayor
Schmidt stated the number of buses will be substantially reduced and commented that the City
will get with the Palm Beach County School District staff to see if they can provide an estimate
as to the number of buses that will be traveling this route based on the current population.
ll.B.2. Charlotte Wrillht~ 802 N.W. 2nd Street, Delray Beach, stated she did not
understand the City Manager's response to her prior concern with regard to the curb and her
request for the Police Department to come out and observe. The City Manager reiterated that the
Police Officer reported that he could not find any evidence of people running into the curb and
informed Ms. Wright that he would be notifying her in writing.
Secondly, Ms. Wright commented about the bus stop on N.W. 10th Avenue near
Pompey Park (located at 1101 N.W. 2nd Street) and noted when the children are late they nm
down the street to catch the bus. Ms. Wright stated she feels this exposes the children to a
dangerous situation and expressed concern for their safety.
-23-
8/20/02
ll.B.3. Tommy Stevens, Executive Director of the Roots Cultural Festival,
commented that the Roots Cultural Festival, Inc. completed its 25th year and stated it was very
successful. Mr. Stevens stated this year because of the festival being moved to Old School
Square there was some opposition. He noted that the attendance dropped slightly but is hopeful
the attendance will increase. Furthermore, Mr. Stevens stated the Roots Cultural Festival, Inc. is
celebrating the African-American culture but would like to celebrate with the entire City in
hopes to break down the barriers of being referred to as the "neighborhood festival".
ll.B.4. Elizabeth Wesley, 309 Lincoln Lane, Delray Beach and Program
Coordinator for the Roots Cultural Festival, thanked the Commission for their support of the
Roots Cultural Festival, Inc. and commented that the three day event originally began in the park
but has since been moved to Old School Square. Ms. Wesley commented that Dwight
Lauderdale from Channel 10 has called the Roots Cultural Festival, Inc. "the premiere African-
American Cultural Organization in South Florida" and stated she is very proud of this. Ms.
Wesley presented thc Commission with a commemorative poster and stated the City of Delray
Beach will be the owner of one of twenty commemorative posters.
ll.B.5. Gloria Elliott, 345 S. Swinton Avenue, Deiray Beach, expressed concern over
the need for a bus shelter and stated on South Swinton Avenue at S.E. 10th Street them is a large
parcel of land which she feels would be ideal for a bus shelter.
The City Manager commented that the Metropolitan Planning Organization
(MPO) has this in the capital budget for next year and money to match their money for bus
shelters. Mrs. Archer stated when the MPO meets in September she hopes there will be a deluge
of applications.
ll.B.6. Alice Finst, 707 Place Tavant~ commented that she feels something is wrong
with the sound system because it is very difficult to hear what thc Commission is saying.
Secondly, Mrs. Finst commented about the school buses going through Delray
Shores and stated she is trying to understand the transfer of students who will be attending the
new school. Mrs. Finst expressed concern over the number of children who will be walking
from their homes over the railroad tracks past 1-95 and crossing the intersection at Congress
Avenue and Atlantic Avenue. Mrs. Finst stated she would like to know if the City has a plan to
protect the children who will be walking from their homes into this new area where the high
school will be located.
Mayor Schmidt commented that this is one of the requirements to address in the
Interlocal Agreement. As Commissioner Levinson stated, Mayor Schmidt stated the City is not
suggesting that there are going to be 2,000 students walking to the school but rather that 2,000
students would not be eligible to be bused.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. City ManaRer.
-24-
8~0~2
The City Manager had no comments or inquiries on non-agenda items.
13.B. Ci.ty Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
Ci.ty Commission.
Commissioner Archer
Mrs. Archer stated she had the pleasure of attending the Roots Cultural Festival
only on the opening night. Mrs. Archer stated she enjoyed the new venue and commented that
the new location was terrific. Mrs. Archer stated that the Roots Cultural Festival also fell on her
birthday weekend and commented she shares the same birthday as Ms. McCarthy. Therefore,
Mrs. Archer stated she was not able to attend the festival on Saturday and Sunday for this reason.
Secondly, Mrs. Archer stated she had the opportunity to attend the Florida League
of Cities Meeting and feels it was a very good event. Furthermore, Mrs. Archer stated there was
some good networking and hopes the City will continue to participate in it.
13.C.2.
Commissioner Perlman
Mr. Perlman congratulated the Roots Cultural Festival and commented that he
attended the parade and prayer breakfast. Mr. Perlman stated both the parade and prayer
breakfast were outstanding.
Secondly, Mr. Perlman commended Marjorie Ferrer and Robert Barcinski for
coordinating the bus tour for the Florida League of Cities. Mr. Perlman stated he was downtown
Friday evening attending Summer Nights on the Avenue and ran into a number of people from
the convention. Mr. Perlman stated these people saw Delray during the day and returned in the
evening.
Lastly, Mr. Perlman stated the American Planning Association has awarded the
City of Delray Beach an excellence award for the Downtown Master Plan. Mr. Perlman stated
he is very proud of this award and commended staff for their hard work.
13.C.3.
Mayor Schmidt
Mayor Schmidt had no comments or inquiries on non-agenda items.
13.C.4.
Commissioner McCarthy
Ms. McCarthy stated she was disappointed that the Roots Cultural Festival
happen to be scheduled on her birthday weekend so therefore she was not able to attend.
-25-
8/20/02
Secondly, Ms. McCarthy announced that Pineapple Grove is attempting to get in
touch with the Commission to see if they would like to participate in the Bed Race Parade. Ms.
McCarthy stated the Commission is being asked to meet ahead of time at 5:00 p.m. and meet by
the water tower at 6:00 p.m. which is the actual time of the parade.
Lastly, Ms. McCarthy stated she too attended the Florida League of Cities
Meeting and commented about another organization meeting in Fort Lauderdale called the
National Forum for Black Public Administrators (NFBPA). Ms. McCarthy continued to state
that the NFBPA are meeting with representatives from our Local Chapter about having a bus
tour to bring people who visit here to come up to Delray. Ms. McCarthy stated she will have
more information at a later date for the business people in Delray.
13.C.5.
Commissioner Levinson
Mr. Levinson commended the City Manager who was named the best City
Manager in Palm Beach County.
Secondly, Mr. Levinson stated there was some conversation about the appearance
of the Long Horn Steak House building. Mr. Levinson continued to state that he drives past this
restaurant everyday and feels the building looks spectacular.
Mr. Levinson stated he was on the website for the Florida League of Cities and
commented that Delray Beach does not have a link to this website. Mr. Levinson suggested that
perhaps the MIS Department could go through other appropriate places such as the County,
State, and others to make sure the City of Delray Beach is linked to its new address.
Mr. Levinson commented about the letter the Commission received from Captain
Dane Mark and stated he is not interested in Mr. Mark's proposal.
Lastly, with regard to the Roots Cultural Festival, Mr. Levinson commended
Tommy Stevens and Ms. Wesley and feels they are understated in the recognition that they
deserve. Mr. Levinson stated both Mr. Stevens and Ms. Wesley were put into a very difficult
position by making both the change of venue and the charge for admission. Furthermore, Mr.
Levinson feels this was well received by those who were there and by those who complained and
did not attend, he feels they were the ones who lost out. Mr. Levinson stated that the crowd was
largely integrated and commented that the venue for the sound and the stage was spectacular.
Mr. Levinson stated although Friday evening the crowd was not as large as they probably would
have liked, the attendance on Saturday and Sunday was good. Mr. Levinson feels Mr. Stevens
and Ms. Wesley took a chance and is proud to say he feels it was the right thing to do.
at 9:30 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
-26-
8/20/02
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on August 20,
2002, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions to the Minutes
as set forth above.
-27-
8/20/02
AUGUST 27~ 2002
A Special Meeting of the City Commission of the City of De[ray Beach, Florida, was
called to order by Mayor David Schmtdt m the First Floor Conference Room at City Hall at 6:02
P.M., Tuesday, August 27, 2002.
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
City Attorney Susan A. Ruby and
City Clerk Barbara Ganto
Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of
considering the following items:
1. ARCHITECT AGREEMENT: Approve an agreement between the City of De[ray Beach
and Ward Northup for the needed improvements at the mumclpal golf course.
Mr. Barcinski, Assistant City Manager presented the consulting agreement to the
Commission. The scope of work to be preformed includes preliminary design studies and
cost estimates, preparation of prehminary and final plans, specifications and bid document,
bid review assistance, and construction management. Mr. Northup will review the condiuon
of the greens and irrigation system.
The Commission inqmred if this agreement included the use of reclaimed xvater and set fees
if the consultant is reqmred to give expert testimony at any proceedings. Mr. Barcinski
responded that it did not include these two items.
It was the consensus of the City Commission to renegotiate the agreement with Ward
Northup to include revisions for reclaaned water, set fees for expert testimony if required
and to bring the modified agreement back at the next regularly scheduled meeting of
September 3, 2002.
APPOINTMENT OF OUTSIDE COUNSEL/CORAL TRACE v. CITY OF
DELRAY BEACH: Approve appomtrnent of Weiss and Handler, P.A. to act as outside
counsel for the case of Coral Trace v. City of Delray Beach at a governmental rate of
$150.00 per hour.
Mr. Perlman moved to approve the appointment of Weiss and Handler, P.A. to act as
outside counsel for the case of Coral Trace v. City of De[ray Beach at a rate of $150.00 per
hour, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Commsssioner McCarthy - Yes;
Mayor Schmidt - Yes. Smd mouon passed with a 5 to 0 vote.
Mayor Schmidt declared the Special Meeting adjourned at 6:10 p.m., at which time the
Commission convened to the regularly scheduled Workshop Meeting.
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Del_ray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeung of the City Commission held on
August 27, 2002, wl'uch Minutes were formally approved and adopted by the City Commission on
C~ty 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 revolve amendments, additions or deletions to
the Minutes as set forth above.
-2.-
WHERP_A~, the health and welfare of our residents are vital state and national
concerns; and
WHEREAS, the hereditary blood disorder known as Sickle Cell Anemia is a
serious disease with no known cure; and
WHEREAS, Sickle Cell mainly affects African Americans, but is a global
disease that affects all racial and ethnic populations, espe,-i~lly members of the darker
races including Greeks, Sicilians, Turks, I-Iispanics, and East Indi,~s; and
WI-IE~, the Sickle Cell Foundation of Palm Beach County, Inc., located
in West Palm Beach, Florida, aids individuals and families affected by Sickle Cell
Disease and conducts outreach and education to increase community awaxeness about
this disease; ~nd
WHEREAS, the m;nth of September is National Sickle Cell Month, and the
Sickle Cell Foundation of Palm Beach County, Inc. will be conducting vaxiom
activities to make residents throughout Palm Beach County aware of the disease.
NOW, TI-IE~FO~, I, David W. Schmidt, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proel~ina the month of
September, 2002 as
SICKLE CELL A WAREENE$S MONTH
in Delray Beach, and urge all residents to join in learning more about this serious
disease and to support the efforts of the Sickle Cell Foundation of Palm Beach
County, Inc. in educating the public, as well as seeking a treatment and cute for Sickle
Cell Disease.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of De!my Beach, Florida, to be affixed this 3'~ day of
September, 2002.
DAVID W. SCHMIDT
MAYOR
FOUNDER
Eva W. Mack
PRESIDENT
Charlie B. Hudnell
EXECUTIVE DIRECTOR
Yvette L. Coursey, DPA
1600 North Australian Avenue, West Palm Beach, Flodda 33407-5621
(561) 833-3113 · Fax (561) 659-4505
August 12, 2002 ~.~.~:
The Honorable David W. Schmidt
Mayor, City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mayor Schmidt:
RECEIVED
CITY CLERK .__..J
Sickle Cell Foundation of Palm Beach County, Inc. is a voluntary health organization that has been in
existence since 1973. Incorporation papers were filed with the Secretary of State in 1979, and the
organization later received its 503C(3) designation from the U.S. Internal Revenue Service.
Since its inception, the Foundation's mission has been to improve the quality of life for persons affected
by Sickle Cell Disease/Trait and members of their families, and to educate the public about this blood
disorder. Sickle Cell Foundation is the only entity in Palm Beach County that is dedicated to serving
persons affected by Sickle Cell.
September is National Sickle Cell month and there will be several activities in celebration of this
recognition. We will host an Open House at our facility on September 14, 2002 from 10:00 a.m. to 2:00
p.m. A medical seminar will be conducted for physicians September 30, and the National Sickle Cell
Conference will take place in Washington D.C., September 17-21, 2002. Various educational
presentations and blood drives are also scheduled during the month throughout Palm Beach County.
The religious community has been asked to participate in the celebration and we anticipate a positive
response from several religious institutions.
We are requesting the City of Delray Beach to issue a proclamation declaring September as Sickle Cell
Month in the City of Delray Beach. All proclamations will be on display in our facility. If we have
advance notice of when this will be on the agenda, we will make every effort to have a representative at
the Council meeting to accept the proclamation.
We appreciate your support of The Sickle Cell Foundation of Palm Beach County, Inc. and look
forward to your participation in the celebration/recognition of National Sickle Cell Month. Please feel
free to contact our office should you have any questions or need additional information.
Sincerely,
e L. Coursey, DPA
l~tecntive Director
Community Foundation
FOR PALM BEACH AND MARTIN COUNTIES, INC
WHEREAS, our community seeks to support parents in can3ring out their
responsibility £or the/zrea/th and well-being of their children; and
~I-IEREAS, the Sa/'ety' o£ our children is a significant concern of parents,
community leaders and health care givers; and
~VHEREAS, our children's awareness of ~,llv~ollt~ental Issues is of
universal concern and deserves the utmost attention; and
WHE~, if started in childhood, proper Health, Safety, and Environmental
habits can be maintained 'for a life time, producing a valued member of society, and
enhanc~ our community.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the 28t~
day of September, 2002 as
KII~S DAY AMERICA/INTERNATIONAL
in the City of Delray Beach, and urge all citizens to learn about health awareness, fire
safety, bike safety, recycling, drug awareness, and many more important topics to keep
our children safe and make Delray Beach a healthier and happier place to live.
IN ~ITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Flo~da, to be affixed this 3~ day of
September 2002.
DAVID W. SCHMIDT
MAYOR
:1
Atlantic Avenue
C IROPRACTk
- Cemer
Tanya Fllmka
E. Atlantic Avenue, Suite 300
Beach, FL 33444
Phone: 561-278-8382/`0
Fax: 561-278-8856
Mayor Schmidt
243-7199 Pages (including cover): 5
Date: 8~9~02
Proclamation Request
If you did not receive all pages please call 561-278-8382,
Comments:
Folrowing is a proclamation request for a Children's
Originals will follow in the mail.
Community Event.
Thank you for your attention to this matterl
S&BB-~LB-IgS-I oeadoJ~qD enueaB o~3ueI3B ~dg~:g BOO2 GO
Atlgtic Avenue
A
D
W
D
fm
vo
yo
'to
T~
,~st 9, 2002
Mayor Schmidt,
look forward to our role as the official Chiropractic office representing the seventh annual "Kids
America/I~emationalm'' event in Delray Beach on Saturday, September 28, 2002. "Kids Day
;rica/Internationalv~a'' is a special day set aside to address health, safety and environmental issues
affect us as individuals and as a community. It was founded for the purpose of educating
lies and communities about these important social concerns.
[ate, more than 1300 communities have pargcipated in this event and almost 2,000,000 children
their families have enjoyed this day throughout the world. With th~ help and support of
sands of local police departments, county sheriff offices, dentists, and photographers who
nicer their time, all of these children completed their own Child Safety ID cards.
ors, Governors, and Senators across the nation have signed the official "Kids Day
'fic, a/IntemationaP~v' proclamation. We are asking you to support th~s community event by
'ng the proclamation for Delray Beach. Included are several previously signed proclamations for
reference. There is currently enough support from Mayors and Governors across North America
.'lng this program to the White House, creat/ng a national day that recognizes the enormous
.-ibufion Chiropractors have made in helping the children of their communilies.
gear, our event will benefit the Toussaint L'Overture H/gh School for Arts and Social Justice.
again, thc Delray Beach Police ~ent will be present to fingerprint ID children. The
y 13each Fire Depamnent plans to support this event by providing fire safety tips and bringing
fire truck. In addition, my office will offer free computerized spinal exams, scoliosis
!nings, and clistn~ul~ essential/nformat/on on disease prevention and health promofiotz
valued member of the community, we want to p~rsonally invite you to attend our "Kids Day
fica/Internationalm'' event! Our Children's Empowerment Award ceremony is scheduled to take
at 12:30 pm when we would like you (or a siaff member) to read the signed proclamation.
~ join us in supporting this momentous international event! Thank you for your dedication to
xildren.
~ in suppgrt, of our child~n,
~'staff
East AtIantfc Avenue, Suite 300. Delray Beach, Florida 33444 · §6L27~.8382 · Fax 561. 278.8856
9f188-SL~-IBS-I oeudoo~q~ enue~B o~ueI~B ~d~E:E ~00~ 60 ~nB
Dedicated to C~ildren 's Health, Safety & Environmental Awaretzes,¥
~,ugust 1, 2002
~eare excited to announce lo you lhat Chiropractors' off, cos around the world will be hosting lhe
annual 'Kids Day America/International~' event on Salurday, September 28, 2002. This is an
Heath, Safety, and Environmental Awareness Day that focus on these important issues to
~ Iocel families and communities.
date, alm.ost 2,000,000 children and their families have been able to enjoy this day throughout the
With the help and support of local police departments, county shedff offices, dentists, and
we were able to complete Child Safety ID cards for all of these
layom, Goverm3rs, and Senators across the nation have signed the 'Kids Day America/International~"
making their t(xvns, c~es and states o~cial partidpants, Parents are thrilled to have a
to go to learn about health awareness, tire safety, bicycle safety, recycling, drug awareness and
other impodant topics that address keeping our children safe and making the world a healthier and
learning about important Issues, children can have fun and receive valuable information to take
from Ibis free eveet, 'Kids Day America/International~[' a~so bene~s local charities across the
counay.
are a f~w copies of signed proclamations and media press releases and articles thai were
as a result of the event. In addition, the event was covered by radio stations and network
including Fox 5 NY, NBC, and CNN,
look forward to your city's participation in this e~tmordinary international event!
in health,
~sa ~ S~ua~t Waz~e~
'l(k:ls Day Amedc. a/Intemalional~'~'
C d 9~88-8L~-I9S-I oeddod!qD enuaA8 o~3ueI38 Wd~C:S ~00~ 60 ~n8
PROCLAMATION
WHEREAS, our community seeks to support parents in carrying out their responsibility
HeaIth and well-being of their children; and
WHEREAS, the Safety of our chiJdrcn is a significant concern of parents, community
and health care' givers; and
WHEREAS, our children's awareness of Environmental Issues is of u~iversal concern
deserves the utmost attention; and
WHEREAS, if started in childhood, proper Health, Safety and Environmental habits can
for a life time, producing a valued member of society, and enhanc/n/~ our
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach,
on behalf of the City Commission, do hereby proclaim the 16~ of September, 2000 as
KIDS DAY AMERICA
C!ty of Delray Beach, and urge all citizens to learn about health awareness, fir~ safety,
safety, recycling, drug awareness, and many more important topics ~ keep our children safe
make Delray'Beach a healthier and happi~ place to live.
IN WITNESS WHEREOF, I l~av¢ hereunto set my hand and caused the Official Seal of
City of Deiray Beach, Florida, to be affixed this 7e day of September, 2000.
DAVID W. SCHMIDT
MAYOR
9S88-BL~-I9S-~ oeudod~q3 enuen~ o~3ueI3~
JEB BUSH
GOVERNOR OF THE STATE OF FLORIDA
Greetings
WHEREAS, healthy children and families are Florida's most important
investment, and every child In Florida deserves the best possible
chance for a healthy life; and
WHEREAS, the safety of our children is a slgnlflcant concern for
parents, community leaders and health caregNers; and
WHEREAS, environmental welfare Is of universal concern and deserves
our immediate attention; and
WHEREAS, preventive health and educational services and programs
for parents and children contribute toward a healthy future, producing
valued members of our society and enhancing our communities;
NOW, THEREFORE, I, Jeb Bush, Governor of the state of Florida, do
hereby extend greetings and best wishes to all observing Kids Day
America, May 18, 2002.
IN WITNESS WHEREOF, !
have hereunto set my hand
and caused the Great Seal of
the state of Florida to be affixed
at Tallahassee, the Capital, this
3rd day of May in the year
of our Lord two thousand two.
9G88-8L~-T9~-!
NclE:I~:E: ~00~ 60
WHEREAS, October 2002 is National Breast Cancer Awareness Month; and
WHERE, AS, Octr>ber 18, 2002 is National Mammography Day; and
WHEREAS, an estimated 203,500 new cases of female breast cancer will be
diagnosed in 2002, and 40,000 women will die from the disease; and
WHEREAS, an estimated 1,500 new cases of male breast cancer will be
diagnosed in 2002, and 200 men will die from the disease; and
WHIgREAS, early detection and prompt treatment can significantly reduce
suffering and deaths caused by breast cancer, and
WHEREAS, m~mmography, an "x-ray" of the breast, is recognized as the
single most effective method of detecting breast changes that may be cancer long
before physical symptoms can be seen or felt.
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 October 2002 as
BREAST CANCER AWARENESS MONTH
and October 18, 2002 as
MAMMOGRAPHY DAY
in Dekay Beach, Florida and urge everyone to become aware of their risk of breast
cancer, talk to thek health care providers about breast cancer, and get screened for the
disease. I further encourage all residents to become involved in the war against breast
c~lncer.
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 3,0 day of
September, 2002.
DAVID W. SCHMIDT
MAYOR
Delores, July 22
With the Mayor's permission I will fax t~e two
response ~forms in. ~/~/
Doug Randolph ~
Sample Proclamation
for
National Breast Cancer Awareness Month 2002
WHEREAS, October 2002 is National Breast Cancer Awareness Month; and
WHEREAS, October 18,2001 is National Mammography Day; and
WHEREAS, an estimated 203,500 new cases of female breast cancer will be
diagnosed in 2002 and 40,000 will die from the disease; and
WHEREAS, an estimated 1,500 new cases of male breast cancer will be
diagnosed in 2002 and 200 will die of the disease; and
WHEREAS, early detection and prompt treatment can significantly reduce
suffering and deaths caused by this disease; and
WHEREAS, mammography, an "x-ray" of the breast, is recognized as the single
most effective method of detecting breast changes that may be cancer long before
physical symptoms can be seen or felt;
NOW, THEREFORE, I , Mayor of the City of ,
do hereby proclaim the month of October 2002 as NATIONAL BREAST CANCER
AWARENESS MONTH and October 18 as NATIONAL MAMMOGRAPHY DAY in
the City of
, Mayor
DATED THIS DAY OF 2002
(Please mail an original version of your proclamation to Crystal D. Swann, Assistant
Executive Director and Director of Health Programs, U.S. Conference of Mayors,
1620 Eye St., NW, 3rd floor, Washington, DC 20006. It wilt be part ora Conference of
Mayors National Breast Cancer Awareness Month 2002 display.) (7/5/02)
Activities Response Form
for National Breast Cancer Awareness Month 2002
(NBCAM)
USCM is compiling data on local observances of NBCAM 2002. Please place a check mark
beside your city's activities and feel free to provide more detail on an attachment. Thank yom
1) X Issued a proclamation about National Breast Cancer Awareness Month 2002.
2). Submitted a letter to the editor about NBCAM 2002.
3). Issued a press release about NBCAM 2002.
4). Supported a public information campaign on breast cancer awareness.
5). X Provided free mammograms for city employees.
Sa) 'x7 Provided time off for city employees to get mammograms.
(F~nployee Health Fair - August 8, 2002)
6). Provided mayoral leadership on a special project to promote breast cancer awareness
in community. Please give details
7).
Supported a coalition to promote breast cancer awareness. Please specify.
8).
Supported efforts to screen low-income, uninsured or underinsured women
for breast cancer. Please specify
9).
Supported efforts to treat low-income, uninsured or underinsured women
for breast cancer. Please specify
10).
Undertook new outreach efforts to a specific population group. Please specify.
11).
Undertook a special initiative with the state's National Breast and Cervical Cancer
Early Detection Program. Please specify.
12).
Other, please give details
Name ofperson responding Doug Randolph
Agency City of Delray Beach - H.R. Dept.
City Delray Beach
Title Training and Development Mgr.
Phone (561) 243-7127
State FL
Please return by FAX to: Crystal D. Swann, Assistant Executive Director and Director of
Health Programs, USCM, 202/887-0652 or by mail to: Crystal D. Swann, Assistant Executive
Director and Director of Health Programs, U.S. Conference of Mayors, 1620 Eye Street, N.W.,
3rd floor, Washington, D.C. 20006
(6/26/02)
MEMORANDI. JM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
A(~ENDA ITEM $$ '-~ II - REGULAR MEETING OF SEPTEMBER
2002 FINAL PLAT APPROVAL/GLEASON STREET VII.LAS
AUGUST 30, 2002
This is before the Commission to approve the final subdivision plat for Gleason Street Villas. The
property is located on the west side of Gleason Street, approximately 1,200 feet south of East
Atlantic Avenue.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Gleason Street Villas.
S:\Caty Cierk\chevelle folde~\agenda menms\Fmal Plat. GleasonStreetVfllas.09 03.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
PROJECT:
ACTION:
David T. Harden
William A. Grieve, P.E.
August 27, 2002
Gleason Street Villas
Subdivision Plat Approval
The attached agenda request is for Commission approval of the subdivision plat for
Gleason Street Villas. Also attached is a location map and reduced copy of the plat.
The property is located on the west side of Gleason Street, approximately 1,200 feet
south of East Atlantic Avenue.
The Gleason Street Villas plat is a replat of Lot 10, Block D of John B. Reid's Village.
The property is zoned Medium Density Residential and the site plan was approved on
May 8, 2002. Planning and Zoning Board approval is not required.
Please place this agenda request on the September 3, Commission Agenda.
enc
cc TAC file
file: S:\EngAdmin\TAC\126 Gleason Street\plat agenda memo 08-06-2002.doc
Printed: 8~27/2002
A TLAN TI C A VE N U E ; ~
............. , ,' T"r-' i--' -~ ~ ~ Fi'''-, :--'7 T-r - ---' ......... - ............. ~ ............. , ................ r- r,- ,* ........ ~", ' ~-- ~ .....
..... , .... - '--* ¢ / ~IRA~AR S~EET ..................... ~
............ , ...... ~ ..........................
E~~ ~8 ~P~~ LOCATI ON MAP
~~A~~Y~~~ 2002-200 I OF I
ATLANTIC AVENUE
,! i .... "" '" " ' ~ ~ ' ' ''
~ t , ~,~'I ~ ~' ,~ ~ ~ i~t: .' ': ~',.~, I~ ,
t : .L__.~-__.,---- ~.~,-_
...... "'i -, '.----~ ,-----( .... ¥ ~ · · : ; i -~,
, ~ ,u- '~ I.~; ~'-i-----~----~~, ---
___ 'L____, ,~,-~_Z:'.--.-_'~ ~ : ~i ' ' ~ ' , i, ~ ~ ~ ' ' ' ~
~- CO i 'L L ~ '.._.__L__! ~,' ~ ~ ' , ! ' ~
ST,
,[~---~ .... -~--~m-: .... ~ ,- ,' ! ~RA~AR STR~'r ........ -J-'--L-~---.~
r---.--~ ..... - ~ , 'o, , , .....
I ~ ~ '"-z. ~ , , , · /-.~_.~ '_'
?--i '~----;- .... i ~' u:' ' , ~ ..........
..... i~----~ ~ ,- ..... -~ ' ,' ~_. / i / ; .ow
.,~ '~----~---~,, , : - ..... .
-----: '------~ '---- x --:' ' __ : ~GR,,,H~ ' .... ----~'.~..,,4.~------~,[ ...............
.......... ST.ii ) ~----*~'~ ....... -~ ~]'{ .......... ~J ~' ' .... L__~r .... ' ~'~1 __m.x.r.~,~...~, ---~ ......................
,, ,, , . ,____~ . , , , --
.~r
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM - REGULAR MEETING OF SEPTEMBER
2002 FINAL PLAT APPROVAL/ROYAL COMMERCIAL PARK OF
DELRAY PLAT NO, 2
AUGUST 30, 2002
This is before the Commission to approve the final subdivision plat for Royal Commercial Park of
Delray Plat No. 2. The property is located on east side of Congress Avenue, approximately 290 feet
north of West Atlantic Avenue.
All technical and staff comments have been addressed and the plat is ready for approval
Recommend approval of the final subdivision plat for Royal Commer_ci_'a! Park of Delray Plat No. 2.
S:\City Clerk\chevelle folder\agenda memos\Final Plat. RoyalParkofDeiray.09.03.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
PROJECT:
ACTION:
David T. Harden
William A. Grieve, P.E. LOO~t
August 27, 2002
Royal Commercial Park of Delray Plat 2
Subdivision Plat Approval
The attached agenda request is for Commission approval of the subdivision plat for
Royal Commercial Park of Delray Plat 2. Also attached is a location map and reduced
copy of the plat. The property is located on the east side of Congress Avenue,
approximately 290 feet north of West Atlantic Avenue.
The Royal Commercial Park of Delray Plat 2 plat is a replat of Royal Commercial Park
of Delray. The site plan was approved on August 8, 1990. Planning and Zoning Board
approval is not required.
Please place this agenda request on the September 3, Commission Agenda.
enc
cc TAC file
file: S:\EngAdmin\TAC\Royal Commercial Park\plat agenda memo 08-06-2002.doc
Printed: 8~27/2002
CORAL TRACE PlACe'
,.
:O''~L .................................... Ld
,/' N.W. 2ND ST. ' ' ..... ; ' ~ ~''' : .................... ; Ld ,
'
i ...... !5: '" ?'/ ~ ' ~ ; ' '.
,,_:, ..... ,~;..~,, ..,-, ...... ....... ~ , .... .... ~ ..""""' ! ~ ...... ,~ u~ .................. ~ , ,', ,~
~ iz i ,
,' ' ,'--'-- ,;- ..... , ~ ............. ;':';; -~. i ................... ,! ,
i'
E~.,,~ 8E~8 DEP~EI'~" OF DELRAY PLAT 2
434~BOU'~I~NTONA~ENUE, D~LRAYBEAC~H,I:~OI~DA334~ 2002-200 I OF 1
i
i
0311 ¥7d iON
I
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVJDff. HARDEN, ~ITY MANAGER V~_ ~ il~'~.
NGUYEN TRAN, SENIOR PLANNER ~
MEETING OF SEPTEMBER 3, 2002 *CONSENT AGENDA*
ABANDONMENT OF ALL OF THE 16' NORTH-SOUTH ALLEY LYING WITHIN
BLANK-NICHOLS SUBDIVISION TOGETHER WITH THE 16' NORTH-SOUTH
ALLEY RUNNING THROUGH THE CENTER OF THE NORTH 87.5 FEET OF
THE SOUTH HALF (S %) OF BLOCK 120, TOWN OF DELRAY.
BACKGROUND
The portion of alleyway proposed for abandonment is the entire dedicated alley as shown on the plat
of Blank-Nichols Subdivision (Plat Book 13, Page 28), together with the 16' alley running through the
center of the North 87.5 feet of the South Half (S. ¼) of Block 120, Town of Delray, as dedicated to
the City of Delray Beach through deeds (DB 550, PG 282 and DB 352, PG 384) recorded in January
of 1927.
The abandonment request was submitted by Mallory II, LLC (a.k.a. Ironwood Properties). The
abandonment is being processed in conjunction with a site plan approval request for a mixed-use
development to be known as Meridian, which will contain 22 residential units and 20 first floor office
units. The applicant has also submitted an application for a 12' wide water easement abandonment,
which is currently being processed as a separate request to be considered before the City
Commission. A plat application has not been submitted at this time.
Currently, the alley is unimproved and is not being utilized for access. A 6" municipal water main and
a 10" municipal sewer main are located within the subject area. Florida Power & Light, Adelphia
Cable, Florida Public Utilities Co. (gas) and BellSouth have identified facilities in the subject area. All
utilities will remain in their present location and a general utility easement will be retained over the
entire abandonment area.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of August 191 2002, the Planning and Zoning Board considered the request at a public
hearing. There was no public comment concerning this item. After reviewing the staff report and
further discussion, the Board voted 5-0 to recommend approval subject to conditions (Mark Krall
abstained, Dwayne Randolph-absent).
RECOMMENDED ACTION
By motion, approve the abandonment of all of the 16' alley lying within Blank-Nichols Subdivision
together with the 16' alley running through the center of the north 87.5 feet of the south half of Block
120, Town of Delray, and reserve a general utility easement over the entire abandonment area to
cover the existing utilities, based upon positive findings with respect to LDR Section 2.4.6(0)(5).
Attachments:
· Abandonment Resolution
· P & Z Staff Report of August 19, 2002
s:\planning & zoning\boards\city commission\Meridian Alleyway Abandonment. doc
RESOLUTION NO. 71-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
ALL OF THE 16-FOOT ALLEY LYING WITHIN BLANK-NICHOLS
SUBDIVISION (PB 13, PG 28) TOGETHER WITH A 16-FOOT
ALLEY RUNNING THROUGH THE CENTER OF THE NORTH 87.5
FEET OF THE SOUTH HALF (S 1/2) OF BLOCK 120, TOWN OF
DELRAY, BUT RESERVING AND RETAINING TO THE CITY A
GENERAL UTILITY EASEMENT OVER THE ENTIRE AREA
THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of all of the 16-foot alley lying within Blank-Nichols Subdimsxon together with a 16-
foot alley running through the center of the north 87.5 feet of the south half of Block 120, Town of
Delray, as more particularly described herein (See Exhibit "A"); and
WHEREAS, said application for abandonment of said alley right-of-way was
processed pursuant to Section 2.4.6(0), "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(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on August 19,
2002, and voted 5-0 to recommend approval of the abandonment, based upon posiuve findings with
respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general unlity easement be
retained over the entire area; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that
its interest in the described property is no longer needed for the public good and deems it to be in
the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(0)(5), but does not abandon and retains and
reserves unto itself a general utility easement for the purpose of emergency access and constructing
and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage faciliues, or
any other facilities used for various public utilities whether owned by the City or private
corporations over the enure area thereof, as more parucularly described herein.
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 and Chapter 166 of the Florida Statutes, it
is hereby determined by the Delray Beach City Commission to vacate and abandon all right and
interest it holds to the following real property for alley right-of-way purposes only, but does not
abandon and retains and reserves unto itself a general utility easement for the purpose of emergency
access and constructing and/or maintaining, either over or under, the surface poles, votes, pipes,
sewers, drainage facilities, or any other facilities used for various public utthties whether owned by
the City or private corporaUons over the entire area thereof, more parucularly described as follows:
RES. NO. 71-02
See Exhibit "A"
2002.
PASSED AND ADOPTED in regular session on this the __
day of
A2TEST:
MAYOR
City Clerk
RES. NO. 71-02
Exhibit "A"
LAND DESCRIPTION
16' ALLEY TO BE ABANDONED
A portion of Block 120, BLANK-NICHOLS SUBDIVISION, according to the plat thereof, recorded
in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida, being more
particularly described as that certain 16 foot wide alley lying East of and adjacent to Lots 1 through
6, inclusive, in said Block 120 and West of and adjacent to Lots 19 through 24, inclusive, in said
Block 120 and bounded on the North by the South right-of-way line of Southeast 3rd Street and
on the South by the South line of said Block 120.
TOGETHER WITH:
A strip or parcel of land running North and South and 16 feet in width from East to West through
the center of the South half (S1/2) of Block 120 of the CITY OF DELRAY, formerly called Linton,
according to a plat thereof on file in Plat Book 1, Page 3, Palm Beach County Records, and more
especially running through the center of the South 43.8 feet of the North 87.6 feet of the South
half (S1/2) of said Block 120, the same being the extension of the 16 foot alley running North and
South through Blocks 118, 119 and the North half (N1/2) of Block 120. Same being that certain
16 foot alley described in Deed Book 550, Page 282 of said Public Records.
TOGETHER WITH:
A stdp or parcel of land running North and South and 16 feet in width from East to West through
the center of the South half (S1/2) of Block 120 of the CITY OF DELRAY, formerly called Linton,
according to a plat thereof on file in Plat Book 1, Page 3, Palm Beach County Records, and more
especially running through the center of the North 43.8 feet of the North 87.6 feet of the South half
(S1/2) of said Block 120, the same being the extension of the 16 foot alley running North and
South through Blocks 118, 119 and the North half (N1/2) of Block 120. Same being that certain
16 foot alley described in Deed Book 352, Page 384 of said Public Records.
Said lands lying in the City of Delray Beach, Palm Beach County, Florida, containing 6,392 square
feet, more or less.
Land Description Prepared By:
SHAH, DROTOS & ASSOCIATES
1835 South Perimeter Road, Suite 190
Fort Lauderdale, Florida 33309
Prepared by: MDR
Checked by: MDR
Project No.: 01-0557B
File Name: 0557B.ALLEY. EASEMENT.WPD
May 18, 2002
Sheet 1 of 2 Sheets
SKETCH OF DESCRIPTION
16' ALLEY TO BE ABANDONED
BLOCK 120-BLANK-NICHOLS SUBDIVISION
(PB 13, P~ 28, PBCR)
BLOCK 120-TOWN OF DEL~Y (FORMERLY LINTON)
~I ~PB 1~, PC 28
J J
'~[I lO
NO~ UNE OF
,, /OF BLOCK 120
~OR E
~ ~ IS NOT A ~ ~
P~IO~ SU~ AND ~P~
~ REGImeN NO. ~998
SH~ 2 ~ 2 ~
~ ~LY ~D ~ ~ V~D
.......... ~A SB~ [~,.[[.,~
~ D~OTOS ~u~,.o
P~NINO
CERTIFICATE OF AUTHORIZATION NO. LB 6456
SK~CH OF O~RI~ON MDR ~/18/~ MDR 18~5 S. Perimeter Road · S~te lgOe R. ~uderdule, FL ~5~09
R~S~S DWN DA~ ~/~ CHKD PH: S54-776-TS04 · F~: 954-776-7608
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 19, 2002
IV.D.
Abandonment of a 16-Foot North-South Alleyway Lying East of S.E.
6th Avenue (Northbound Federal Highway, U.S. 1), Between S.E. 3rd
Street and S.E. 4th Street for the Proposed Meridian Mixed-Use
Development.
GENERAL DATA:
Owner .................................. General Public
Agent .............................. Ironwood Properties, Inc.
Applicant ............................. Mallory II, L.L.C.
Location ............................... 16' North-South Alley within
Block 120, Town of Delray
Property Size ........................ 0.147 Acre
Existing FLUM Designation.. CC (Commercial Core)
Current Zoning ..................... CBD (Central Business District)
Adjacent Zonings ........ North: CBD
East:
South:
West:
Existing Land Use ................
R-l-AA (Single Family
Residential)
GC (General Commercial)
CBD
Unimproved Alley
Proposed Land Use ............. Abandonment of Alleyway to
be incorporated into a
proposed mixed-use
development known as the
Meridian.
Water Service ...................... n/a
Sewer Service ...................... n/a
LOT I
LOT 2
/I
LOT 24
LOT 23
IV.D.
The item before the Board is that of making a recommendation to the City Commission
on abandonment of the 16' north-south alley lying within Blank-Nichols Subdivision (PB
13, PG 28) together with the 16'. alley lying east of the North 87.5 feet of the South IA of
the West 143 feet of Block 120, Town of Linton (Delray), for the proposed Meridian
mixed-use project.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Rights-of-Way.
!BACKGROUND:
Block 120, Town of Linton (Now Delray), was originally platted as an agricultural block
in December of 1895. The north one half (N. %) of Block 120 was replatted with the
recordation of the Blank-Nichols Subdivision in December of 1925. The southern one
half (S. %) of Block 120 was divided by metes and bounds and the alleyway system for
this portion of the block was dedicated to the City of Delray through numerous deeds.
The portion of alleyway proposed for abandonment is the entire dedicated alley as
shown on the plat of Blank-Nichols Subdivision (Plat Book 13, Page 28), together with
the 16' alley adjacent to the North 87.5 feet of the South Half (S. ½) of the West 143
feet of Block 120, as dedicated to the City of Delray (DB 550, PG 282 and DB 352, PG
384) in January of 1927 (refer to Exhibit "^").
Currently, the subject area is unimproved.
The alleyway proposed for abandonment is a 16' x 399.37' rectangular shaped parcel
containing approximately 6,390 sq. ft. (0.147 acre).
The abandonment request was submitted by Mallory II, LLC (a.k.a Ironwood
Properties). The abandonment is being processed in conjunction with a site plan
approval request for a mixed-use development to be known as Meridian, which will
contain 22 residential units and 20 first floor office units. The total land area of the
project, including the subject alleyway, is 81,629 sq. ft. (1.87 acres). The applicant has
also submitted applications for a 12' wide water Easement Abandonment. A plat
application was not submitted at the time this report was written. A plat will be
submitted at a later time.
Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned
(returned) 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
returned to that parcel; property dedicated through subdivision shall be divided
at the center line and returned equally to abutting parcels.
Planning and Zoning Board Staff Report
Meddian Alleyway Abandonment
Page 2
The applicant is the fee simple owner of Lots 1 through 6, Blank-Nichols Subdivision,
and the North 87.5 feet of the South % (S. %) of the West 143 feet of Block 120, Town
of Delray. By abandoning the alleyway adjacent to the east side of these lots, it is clear
that the applicant is entitled to the western one half (West 8') of the alleyway adjacent
to Lots I through 6 as dedicated on the plat of Blank-Nichols Subdivision, thus, the
properties east of the dedicated alley (Lots 19 through 24) are entitled to the east 8'.
The 16' portion of alley lying east of the North 87.5 feet of the South half (S. 1/~) of the
West 143 feet of Block 120 was dedicated to the City of Delray through Deed Book
550, Page 282 and Deed Book 352, Page 384. Deed Book 550, Page 282 dedicated to
the City of Delray a parcel of land 16 feet in width by 43.8 feet in length (south 43.8 feet
of the 87.5 feet of alleyway). Deed Book 352, Page 384 also dedicated to the City of
Delray a parcel of land 16 feet in width by 43.8 feet in length (north 43.8 feet of the 87.5
feet of alleyway). The crucial information excluded from these two deeds is the lot
configuration at the time these deeds were recorded. Without knowing the lot
configuration of the lots which dedicated the 16' wide portions of alleyway, it cannot be
determined how much of this portion of the alley abandonment area the adjacent
property owners are entitled to. The lot configuration of the lots prior to dedicating the
16' x 87.5' portion of alleyway must be determined prior to consideration of the
abandonment by the City Commission.
Utility Services
Florida Power & Light indicated that they have 2 power poles located adjacent to Lots
19 and 22, Blank-Nichols Subdivision, and requested that they be relocated to the east.
Florida Public Utilities Company identified existing gas facilities and requested
relocation of their facilities along with a separate easement dedication. BellSouth and
^delphia located existing aerial cables within the abandonment area and also
requested relocation of their facilities.
The City's Environmental Services Department identified water and sewer mains in the
subject area. The City's Fire Department reviewed the request and has no objection to
[i)e abandonment.
Due to the numerous facilities identified within the abandonment area, replacement
easements or relocation of said facilities will be required.
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.
The intended purpose of the alley was to provide secondary access to the buildings
on adjacent streets. Since the alley has never been improved or utilized for
secondary access and dead-ends approximately 70 feet north of S.E. 4th Street, the
Planning and Zoning Board Staff Report
Meridian Alleyway Abandonment
Page 3
public need is limited to utilities, which can be accommodated by an easement. The
City has no plans to utilize the alleyway for any other public purpose.
B) That the abandonment does not, nor will not, prevent access to a lot of record.
The subject abandonment will not prevent access to any parcel, as all affected
parcels take primary access from either S.E. 6th Avenue (Northbound Federal
Highway) or S.E. 7th Avenue.
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.
The applicant is responsible to grant replacement easements and/or provide for the
relocation of existing utilities and will be responsible for all associated costs of this
process. All utilities, currently located in the subject alleys, will be accommodated
through replacement easements or relocation so that they will provide the same or
better services to the adjacent lots. Since a replat will be required to dedicate
easements and to aggregate the parcels for the Meridian project, the disposition of
existing utility services will be addressed through the platting process.
The development proposal is not within the geographical area requiring review by the
WARC (West Atlantic Avenue Redevelopment Coalition), the DDA (Downtown
Development Authority), HPB (Historic Preservation Board) and the CRA (Community
Redevelopment Agency). Although it is not within the CRA area, a courtesy review was
requested.
The CRA reviewed the abandonment request at its meeting of July 25, 2002 and
recommended approval.
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.
Courtesy Notices:
Courtesy notices have been provided to the following groups:
PROD (Progressive Residents of Delray)
Presidents Council
Osceola Park
Marina Historic District
Planning and Zoning Board Staff Report
Meridian Alleyway Abandonment
Page 4
~]
The purpose of the abandonment is to aggregate individual parcels with the vacated
area to help in the redevelopment of the west half of the block to accommodate a
mixed-use development The extra 8' will be used as parking and landscaping which
creates a larger buffer area between the proposed mixed-use development and the
existing residential neighborhood to the east. The abandonment will not prevent access
to adjacent lots of record. Required replacement easements will be dedicated with this
abandonment. These easements will be incorporated into the replat of the property,
which will be processed at a later date.
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) with conditions.
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).
By motion, recommend to the City Commission approval of the abandonment of the
entire 16' north-south alley lying within Blank-Nichols Subdivision (PB 13, PG 28)
together with the 16' alley lying east of the North 87.5 feet of the South ¼ of the West
143 feet of Block 120, Town of Linton (Delray), based upon positive findings with
respect to LDR Section 2.4.6(0)(5), subject to the following conditions:
1. The Official Resolution abandoning the subject area includes language which
establishes a utility easement over the entire abandonment area; and
2. The lot configuration for the lot pdor to the dedication of a 16' x 43.8' portion of
alleyway recorded in Deed Book 550, Page 282; and
3. The lot configuration for the lot prior to the dedication of a 16' x 43.8' portion of
alleyway recorded in Deed Book 352, Page 384.
Attachments:
· Exhibit
· Reduced Survey
s:\planning & zoning~boards\p&z board\Meridian-Alleyway Aband.doc
L~
S.E. 3RD ST.
-,~ /- ,,~
LOT 1 !! LOT 24-
LOT 2 ~ LOT 23
LOT 3 ., : LOT 22
~ LOT C~ ~ LOT 21
, ~or ~ ~ ~or 2o ¢ I
' I
LOT 6r LOT
~. ~=.~,~o~ s. ~ ~ ' I
/ ' ~ !~ PORTION OF ALLEY DEDICATED BY DEEDS
OF BLOCK ~20 '
/
S.E. 4TH ST.
N Exhibit "A"
~ - ABANDONMENT -
a~ o~ ~[~ ~c.. ~ 16' NORTH-SOUTH ALLE~AY WITHIN BLOCK 120, TOWN OF DEL~Y
PLANNING · Z~ING DEPAR~ENT (ASSOCIATED WITH THE MERIDIAN D~ELOPMENT)
--- DIGITAL ~SE ~P S~TEM --
l-
LOT 1 LOT 24
LOT 2 LOT 2.3
LOT 22
LOT ,3
LOT ~B LOT 21
LOT 5 LOT 20
N. ~7.5'~0F S.
~/2 OF W. ~4J' ~ORTION
(D8
DELRAY BEACH
NI-America City
1993
2001
I00 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444
I IEMORANDU! I
TO:
FROM:
David T. Harden
City Manager
obert A. Barcinski
Assistant City Manager
DATE: August 27, 2002
SUBJECT:
Agenda Item City Commission Meeting September 3~ 2002
Approval Agreement Downtown Horse and Carriage, Inc.
ACTION
City Commission is requested to approve an agreement between the City and Downtown Horse
and Carriage, Inc. to provide service along Atlantic Avenue from November 22, 2002 through
January 1, 2003.
BACKGROUND
We have been requested by Marjorie Ferrer to consider approval of this agreement for the
upcoming holiday season. By this agreement Downtown Horse and Carriage, Inc. would provide
horse carriage rides for the dates specified. The route would be along Atlantic Avenue with pick
up and drop off points at the Marriott Atlantic Avenue entrance to NE 1 st Avenue at the tree from
6:00 p.m. to 11:00 p.m. daily. Ten percent of the gross revenue received would be donated to the
Joint Venture to offset cash costs for putting up the holiday tree. All City staff concerns
regarding safety, clean up and care of animals have been addressed in the agreement.
RE COMMENDATION
Staff recommends approval of the proposed agreement between the City and Downtown Horse
Carriage, Inc. to provide horse and carriage rides along Atlantic Avenue as specified from
November 22, 2002 through January 1, 2003 daily from 6:00 p.m. until 11:00 p.m.
RAB/tas
Cc: Marjorie Ferrer
Joe Gillie
Fde:u sweeney/agenda
Doc:Downtown Horse and Carriag, Ina
561/243-7000
Prlnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of ,
2002 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal
corporation (hereinafter referred to as "CITY"), and DOWNTOWN HORSE &
CARRIAGE, INC., (hereinafter referred to as "CARRIAGES").
WITNESSETH:
WHEREAS, the CITY controls certain roadways located within the City of Delray
Beach; and
WHEREAS, CARRIAGES desires to use these roadways for the operation of
horse-drawn carriage rides to the general public; and
WHEREAS, the CITY believes that offering carriage rides during the holiday
season will increase revenues to the City; and
WHEREAS, CARRIAGES agrees that ten percent (10%) of their gross revenues
shall be donated to the Joint Venture for use to offset cost of erecting Christmas tree.
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
1. LICENSE; TERM.
The CITY hereby grants to CARRIAGES the right and privilege to use Atlantic
Avenue east of Swinton to the Marriott from November 22, 2002 through January 1,
2003. CARRIAGES' rights shall cover an additional one (1) day after the term of
license in order to allow CARRIAGES to remove necessary facilities and/or equipment
subject to the survival of ten (10%) percent required on termination.
2. LICENSE AGREEMENT ONLY.
This agreement between the CITY and CARRIAGES is a license agreement, not
a lease or purchase agreement, and should be construed by a court of competent
jurisdiction to be a license agreement only. Furthermore, this License Agreement does
not grant nor is CARRIAGES receiving hereunder any rights to any real property of the
CITY nor any property interests except as set forth in this Agreement.
3. FACILITIES AND SERVICES PROVIDED BY CITY.
(a) Unless otherwise herein specified, CITY shall be responsible for, or
agrees to provide, at no charge to CARRIAGES the following assistance in connection
with the operation of the carriage rides:
(i) Non exclusive use of Atlantic Avenue east of Swinton to the
Marriott including non exclusive use of NE 2cnd Avenue north to NE 4th Street; and
(ii) Non exclusive use of parking spaces near Old School Bread
Factory on a space available basis.
4. OPERATION OF CARRIAGE RIDES.
The organization and operation of each carriage ride shall be the responsibility of
CARRIAGES. The operation shall occur in accordance with the following rules.
CARRIAGES shall:
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
(J)
Handle sales and purchase of all carriage rides;
Operate the carriage rides from 6:00 p.m. to 11:00 p.m. daily only;
Administer donations of ten (10%) percent of gross revenues to be paid
directly to the Joint Venture to offset cost of erecting Christmas tree;
Set up each of two (2) carriages complete with one (1) horse per carriage;
Provide proper illumination of carriage vehicles;
Operate carriages on approved road surfaces only;
Provide horse diapers to ensure cleanliness on site as well as dispose of
horse diapers in a sanitary fashion;
Obtain all necessary permits;
Provide adequate liability insurance coverage in amounts determined by
the CITY and including a clause indemnifying CITY;
2
(k)
(I)
(m)
(n)
(o)
(p)
(q)
(r)
Provide carriage drivers skilled in ability to control animals;
Provide bells on horses;
Provide adequate food and water for animals;
Bear responsibility for finding storage for carriages and/or trailers when
not in use and CARRIAGES must bear expense for said storage as well
as any and all risks of loss therein;
Horses shall not be left unattended while parked;
CARRIAGES' agents and employees shall comply with traffic regulations
and shall possess a valid driver's license;
CARRIAGES shall display a valid schedule of rates, charges and hours of
operation in a location visible by the public;
Obey all laws of the City and the State including but not limited to
providing signage in accordance with applicable ordinances, laws, or
rules.
5. ACKNOWLEDGMENT OF BENEFITS.
In acknowledgment of the services provided by the CITY in Paragraph 3 above,
CARRIAGES agrees that CITY will have the following acknowledgment rights:
(a)
(b)
(c)
(d)
Inclusion of CITY'S name and/or logo in all print, radio, and television
advertising created by CARRIAGES to promote carriage rides;
Inclusion of CITY'S name on the front cover of all promotional materials
created and distributed by CARRIAGES;
Inclusion of CITY'S name in all press materials;
Tours to be given to selected individuals Saturday, August 24, 2002.
CARRIAGES' EXPENSES AND REVENUES.
(a) Subject to Paragraph 4(a), CARRIAGES shall be responsible for
collecting all revenues generated by, and paying all expenses incurred for the carriage
rides.
7. FORCE MAJEURE.
If CARRIAGES or the CITY is prevented from or interfered with in any manner
whatsoever in fully performing its agreements (including its ability to operate carriage
rides) hereunder, for any reason beyond its reasonable control such as any law,
regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat
of terrorism or delay of a common carrier (the foregoing all being examples of an "event
of force majeure"), then CARRIAGES' and the CITY'S obligations hereunder will be
suspended as often as any such event of force majeure occurs and during such
occurrences, CARRIAGES' and CITY'S nonperformance will not be deemed a breach
of this Agreement.
8. TAXES.
CARRIAGES shall be liable for any and all taxes which are or may be imposed
as a result of this agreement. Taxes shall be paid to the appropriate authority and
including, but not limited to, sales and/or use tax.
9. PROOF OF INSURANCE.
CARRIAGES shall provide the CITY with proof of insurance. The type and
quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof
of such insurance shall be due by 30 days prior to the first carriage ride. The insurance
shall name the CITY and its designee as additional insured.
4
10. FINANCIAL RESPONSIBILITY.
CARRIAGES agrees, subject to the provisions of this Agreement, to accept all
financial responsibilities for the carriage rides including, but not limited to, all accounting
and reporting as may be required by law. CARRIAGES further agrees to accept sole
responsibility for any financial commitments or obligations it incurs as a result of the
carriage rides, and which are not provided for in this Agreement.
11. OTHER SERVICES AND SUPPLIES.
CARRIAGES further agrees that all services and
identified herein shall be provided by or through CARRIAGES.
supplies not specifically
'12. RIDE TICKET SALES.
All ride sales tickets shall contain language approved by CARRIAGES and CITY
establishing that the ride tickets create a revocable license. Prior to the
commencement of sale of any ride ticket, CARRIAGES shall provide City Manager or
his designee with the established ticket sales price.
'13. ADVERTISING MATTER.
(a) CARRIAGES agrees, subject to its rights, if any, under any applicable
License Agreements, to identify the City of Delray Beach as the location of the carriage
rides in publications, advertising and any electronic broadcast, and to permit CITY to
use CARRIAGES' name, and CITY agrees to permit CARRIAGES to use the CITY'S
name, logo, and trademark during the term of this Agreement solely in the connection
with the carriage rides. CITY agrees that promotional material created by CITY with
regard to the carriage rides is subject to the approval of CARRIAGES. CARRIAGES
agrees that any material submitted by CITY will not be unreasonably disapproved, and,
if it is disapproved, that CITY will be advised of the specific grounds of the disapproval.
(b) All printed material and advertising matter to be used prior to or during the
operation of carriage rides which include the name City of Delray Beach or its official
seal shall be submitted to the City Manager or his designee for his approval at least two
(2) days prior to the proposed use of the same. Approval shall not be unreasonably
withheld by the City Manager or his designee.
14.
PERSONNEL AND EQUIPMENT.
CARRIAGES shall provide all personnel needed for the operation of the carriage
rides, including, but not limited to, ticket sellers, ticket takers, drivers, trainers and
guides except as otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement.
15. CITY'S RIGHT TO CONTROL FLOW OF TRAFFIC.
CITY at all times reserves the right to re-route carriages if the approved route
becomes a detriment to the flow of traffic, and neither CITY nor any of its officers,
agents or employees shall be liable in any manner to CARRIAGES or its officers,
agents or employees for any damages which may be sustained by CARRIAGES
through the exercise of this right by CITY.
16, NON-DISCRIMINATION.
A. That CARRIAGES for itself, its personal representatives, successors in
interest, assigns, subcontractors, and sublicensees, as a part of the consideration
hereof, does hereby covenant and agree that:
1. No person on the ground of race, color, national origin, age, or sex
shall be denied the benefits of, or be otherwise subjected to
discrimination in the use of said carriage rides.
B. That in the event of a proven breach of any of the above non-
discrimination covenants, the CITY shall have the right to terminate the license. This
provision shall not be effective until the procedures of Title 45, Code of Federal
Regulations, Part 80, are followed and completed including exercise or expiration of
appeal rights.
17. CHANGE IN LAW.
During the term, the CITY reserves the right to restate and/or renegotiate with
CARRIAGES such additions, deletions or changes to the license as may be
necessitated by changes in county, state or federal laws relating to the operation of the
public roads. In the event that the CITY and CARRIAGES are unable to reach a mutual
agreement on any such addition, deletion or change, that portion of the contract
concerning the services involved in the addition, deletion or change shall be terminated
or eliminated.
18. TERMINATION.
Either party may terminate this Agreement without cause upon five (5) days
written notice except that ten (10%) percent of gross revenues collected prior to the
date of termination shall survive such termination.
19. NOTICES.
Any notices submitted or required by this Agreement shall be sent by registered
or certified mail and addressed to the parties as follows:
To the City:
To CARRIAGES:
David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Joe Mangano, Downtown Horse & Carriage, Inc.
13710 Okeechobee Boulevard
Loxahatchee, FL 33470
or to such other addresses as either party may designate in writing.
21, INTERPRETATION,
This Agreement constitutes the entire Agreement between
the parties with
respect to subject matter hereof and supersedes all prior verbal or written agreements
between the parties with respect thereto. This Agreement may be amended only by
written document, properly authorized, executed and delivered by both parties hereto.
7
This Agreement shall be interpreted as a whole unit and section headings are for
convenience only. All interpretations shall be governed by laws of the State of Florida.
Waiver of any breach shall not constitute waiver of any other breach. Invalidation of
any portion of this Agreement shall not automatically invalidate the entire Agreement.
22, INDEMNIFICATION.
(a) To the fullest extent permitted by laws and regulations, CARRIAGES
agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and
assigns harmless from any and all claims, damages, liabilities, losses, causes of action,
liens or judgments of any kind or nature whatsoever which may arise out of, in
connection with, or because of the use or operation of the licensed roadways, including
but not limited, to the road surfaces, parking areas, pedestrian walkways, vehicular
paths and grassy areas, by CARRIAGES or its officers, agents, employees, or indepen-
dent contractors, and invitees including but not limited to those resulting from or arising
out of (a) by any act done or words spoken by CARRIAGES, its agents or employees;
(b) any damage done to the premises or any part thereof caused by the act or omission
of either CARRIAGES or any agent or employee of CARRIAGES: (c) the breach by
CARRIAGES of any term of this Agreement; or (d) any breach or alleged breach of any
warranty or obligation undertaken by CARRIAGES in this Agreement. CARRIAGES
shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in
connection therewith, including but not limited to reasonable attorney's fees and costs
to defend all claims or suits, in the name of CITY when applicable.
(b) CARRIAGES agrees to defend all actions to which this Paragraph 22
applies, in the name of CITY provided, however, that CITY reserves the right to select
its own legal counsel to conduct any defense in any such proceeding which selection
shall be reasonable under the circumstances. All costs and fees associated therewith
shall be the responsibility of CARRIAGES under this indemnification agreement.
(c) Such indemnification shall be limited to the amount of liability insurance
which CARRIAGES is required to obtain under this License Agreement. See Exhibit A
attached hereto for requirements.
(d) Nothing contained herein is intended nor shall be construed to waive
CITY'S rights and immunities under the common law or Section 768.28, Florida
Statutes, as amended from time to time. The provisions of this Paragraph 22 shall
survive the execution, delivery and performance of this Agreement.
23. PERSONAL PROPERTY.
CITY assumes no responsibility whatsoever for any property placed on the Site
by CARRIAGES, its agents, employees, representatives, independent contractors or
invitees. CITY is hereby expressly released and discharged from any and all liabilities
for any loss, injury or damage to such property that may be sustained by reason of the
use and occupancy of the Site under this Agreement. CARRIAGES shall indemnify,
hold harmless, and defend the CITY in any action naming the CITY, its officers, agents
and employees. All costs and fees associated therewith at trial and appellate levels
shall be the responsibility of CARRIAGES under this agreement.
24. INDEPENDENT CONTRACTOR STATUS.
CARRIAGES and its employees, volunteers and agents shall be and remain
independent contractors and not agents or employees of CITY with respect to all of the
acts and services performed by and under the terms of this Agreement or for any other
reason whatsoever. This Agreement shall not in any way be construed to create a part-
nership, association or any other kind of joint undertaking or venture between the
parties hereto.
25. WARRANTY.
Except as otherwise provided for herein, the CITY and CARRIAGES represent
that they have, to the best of their knowledge and belief, all rights and authority
necessary to fulfill the obligations hereunder without breaching the terms of any other
agreement to which either CARRIAGES or CITY is a party.
26. ASSIGNMENT.
This Agreement shall bind and inure to the benefit of CARRIAGES and the
successors and assigns of CARRIAGES. The rights granted CARRIAGES hereunder
shall be exclusive to it and shall not, without the prior written consent of CITY, be
transferred or assigned to any other.
27. RESERVATION OF RIGHTS.
All rights not herein specifically granted to CARRIAGES with respect to the
carriage rides shall be and remain the property of CITY.
28. ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between CITY and
CARRIAGES in respect to the subject matter of this Agreement and supersedes all
prior agreements.
29. EXECUTION AND DELIVERY REQUIRED.
This instrument shall not be considered to be an agreement or contract, nor shall
it create any obligation, whatsoever, on the part of CARRIAGES or CITY, or either of
them, unless and until it has been signed by representatives of CARRIAGES and CITY
and delivery has been made of a fully-signed original.
30. THIRD PARTIES.
Nothing in this Agreement, whether express or implied, is intended to confer any
rights or remedies under or by reason of this Agreement upon any person other than
the parties hereto and their respective heirs, successors, legal representatives, and
permitted assigns, nor is anything in this Agreement intended to relieve or discharge the
]0
obligation or liability of any third persons to any party to this Agreement, nor shall any
provision thereof give any third person any right of subrogation or action over or against
any party to this Agreement.
31. VENUE.
Any action brought to enforce the provisions of this Agreement shall be brought
in a court of competent jurisdiction in Palm Beach County, Florida.
32. APPROVALS. All approvals to be given by a party under this Agreement shall
not be unreasonably withheld or delayed.
IN WITNESS WHEREOF, the parties have caused this agreement and one
counterpart, both of which shall constitute originals, to be executed by its proper officers
hereto duly authorized on the year and date first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:.
City Clerk
David Schmidt, Mayor
Approved as to Form:
City Attorney
WITNESSES:
DOWNTOWN HORSE & CARRIAGE, INC.
By:.
Name
Printed:
(print or type name) Title:
STATE OF
COUNTY OF
SEAL
]!
The foregoing instrument was acknowledged before me this __
,2002 by
Downtown Horse & Carriage, Inc., a
corporation. He/She is personally known
(as identification).
day of
of
corporation, on behalf of the
to me/or has produced
Signature of Notary Public
EXHIBIT "A"
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH
FOR
AGREEMENT WITH LICENSEE
Licensee shall not commence operations under the terms of this Agreement until
certification or proof of insurance, detailing terms and provisions of coverage, has been
received and approved by the City of Delray Beach Risk Manager. If you have any
questions call (561 ) 243-7150.
The following insurance coverage shall be required.
Worker's Compensation insurance as provided for under any worker's
compensation or similar law in the jurisdiction where any work is performed with
an employer's liability limit of not less than $500,000 per accident.
Comprehensive commercial general liability insurance to include coverage for
premises and operations, independent contractors, broad form contractual
liability, personal injury, and if items are sold, products and/or liquor liability, in
connection with the contractual relationship and activities being done under this
agreement. The policy will be endorsed to include the City of Delray Beach and
it's designees named as additional insureds.
The insurance will be written on an occurrence basis with the limits of liability
not less than $1,000,000.00 combined single limit per occurrence, and $2,000,000
as an annual aggregate, covering bodily injury, property damage and personal
injury.
Bo
Motor Vehicle Liability Insurance covering all vehicles associated with the
Licensee's operations to include all owned, non-owned and hired vehicles.
The coverage will be written on an occurrence basis with limits of liability not
less than $1,000,000.00 combined single limit per each occurrence.
Co
The certification or proof of insurance must contain a provision for notification to
the City thirty (30) days in advance of any material change in coverage, non-
renewal or cancellation.
Licensee shall fumish to the City, Certificate(s) of Insurance evidencing insurance
required by the provisions set forth above, at least thirty (30) days prior to the operation
of carriage rides. If so requested by the City, certified copies of insurance policies will be
provided by the Licensee.
If any of the above coverages expire during the term of this agreement, the Licensee will
provide a renewal certificate at least ten (10) days prior to expiration.
Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444
with a copy to City Attorney's Office, attn: Terrill C. Pyburn, 200 N.W. 1st Avenue, Delray Beach, Florida
33444.
City of Delray Beach Community Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, C~ty Manager ~
Lula Butler, Commumty Impro~ector
Kendra W. Graham, Community Development Administrator
August 28, 2002
Community Development Block Grant Subrecipient Funding Agreement
Delray Youth Enrichment Development Center, Inc. d/b/a Delray Youth
Vocational Charter School
ITEM BEFORE THE COMMISSION
This is to request approval to execute the agreement for funding of the above hsted subrecipient
under the 2001-2002 Community Development Block Grant (CDBG) Program.
BACKGROUND
In accordance with 24CFR 570.301, a Public Hearing was held before the City Commission on
August 7, 2001, to obtain public comments on the proposed budget and for the approval of the
Community Development Block Grant Consolidated Action Plan for Fiscal year 2001-2002. The
Action Plan contained appropriations for seven agencies, including the Delray Beach Youth
Enrichment Development Center, Inc., and was approved by the Comrmss~on.
CDBG Program regulations at 24CFR 570.503 require written agreements prior to the
disbursement of funds to subreciplent organizations, specifying the work to be performed and
reporting, among other necessary requirements and governing provisions. This agreement has
been developed in accordance with the stated regulations and has been reviewed and approved by
the City Attorney for legal suffimency and form.
Execution of the written agreement with Delray Beach Youth Enrichment Development Center,
Inc., d/b/a Delray Beach Youth Vocational Charter School was delayed until they entered into a
Charter School Contract with the School Board of Palm Beach County, which occurred on June
27, 2002.
RECOMMENDATION
Staff recommends approval and execution of the attached agreement in order that funding may
proceed in accordance with the Commission approved Action Plan for Fiscal Year 2001-2002.
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN TltE CITY OF DELRAY BEACH
DELRAY YOUTH VOCATIONAL CHARTER SCHOOL
(September 15, 2002 - February 28, 2003)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") entered into this day of 2002, between the City
of Delray Beach, hereinafter referred to as "City" and Delra¥ Beach Youth Enrichment
Development Center, Inc., d/b/a Delray Beach Youth Vocational Charter School, hereinafter
referred to as the "Charter School", having its principal office located at 2401 N. Federal Highway,
Delray Beach, Florida, is related to the provision, as per the budget approval by the City
Commission on September 19, 2001 of $150,000 m Community Development Block Grant Funds to
the Charter School to pay for a portion of the salaries of three full-time administrative positions (1
School Director, 1 Administrative Assistant, 1 Automotive Instructor) at forty_ (40) hours per week;
two part-time positions (Academic Instructors) one at 25 hours per week and one at 15 hours per
week and for other eligible operational and fixed expenses, upon the following terms and
conditions:
Definitions:
a. "City" means the City of Delray Beach, Florida
b. "CDBG" means Community Development Block Grant Program of the City
of Delray Beach
c. "CD" means Community Development Division (City of Delray Beach)
d. "Charter School" means Delray Beach Youth Enrichment Development Center, Inc.,
d/b/a Delray Beach Youth Vocational Charter School
e. "U.S. HUD means the Secretary of the U.S. Department of Housing and
Urban Development or a person authorized to act on U.S. HUD's behalf.
f. Low and Moderate-Income Persons" means the definition set by U.S. HUD
2. Purpose / Statement of Work:
The purpose of this Agreement is to state the covenants and conditions under which the
Charter School will implement the agreed upon scope of work as outlined in Attachment I and
consistent with the program as specified in the Charter School Contract between the Charter School
and the School Board of Palm Beach County, Florida, and supported by the allocation of federal
CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this
Agreement must be low and moderate-income persons (as determined annually by HUD for the
area).
The Charter School shall, in a satisfactory and proper manner as determined by the City,
perform the tasks necessary to conduct the program outlined in this agreement and submit monthly
requests for reimbursement of approved expenses as outlined in the budget in Attachment II and
using the cover sheet in Attachment 111, proxnded hereto and made a part hereof. Reimbursement
requests should accompany all required monthly reports.
The City agrees to disburse six (6) monthly payrnents in equal amounts of $25,000. The
first disbursement will be available no later than September 15, 2002, and each subsequent monthly
disbursement to be available no later than the fifteenth working day of each month, beginning in
October, 2000 and continuing through February, 2003. Disbursements will be released only upon
the receipt of each required "request for reimbursement", including all monthly reports and
necessary data (as determined by the City), covenng the month for which reimbursement is
requested.
All services shall be performed in a manner satisfactory to the City. The funding shall not
exceed the Commission approved dollar amount of $ ! 50,000. Monthly release of funds shall further
be in accordance with all sections of this agreement and subject to the approval of the D~rector of
Community Improvement and the Community Development Administrator.
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shall be
the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is
later. The services of the Charter School shall commence upon the effective date of this Agreement.
Reimbursement of associated and approved expenses incurred as of September 15, 2002 will be
processed.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this Agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Charter School to the City and approved by the City prior to execution of any subcontract hereunder.
In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None
of the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Improvement Director or designee.
5. Records and Reports:
The Charter School agrees to provide to the City a monthly attendance and enrollment roster
that identifies the number of enrollees (including race/ethnicity) and levels and family income. The
Charter School also agrees to provide monthly time sheets to the city reflecting actual time worked
by the CDBG funded position and a completed Direct Benefit Activity form (monthly). These
reports must be presented/submitted no later than the first working day of each month covered by
this agreement. Reimbursement payments will not be released without the submission of the
required monthly (complete and accurate) reports to the Community Development Division, and on
the resolution of monitoring or audit findings identified.
The City shall have the right under this agreement to suspend or terminate payments until
the Charter School complies with any additional conditions that may be imposed by the City or U.S.
HUD at any time.
The Charter School agrees to retain supporting documentation relating to the activities
funded hereunder and related service provision (activities) for a period of three (3) years, dating
from September 15, 2002.
6. Program -Generated Income:
All income earned by the Charter School from activities financed by CDBG funds must be
reported to the City. In addition to reporting such income, the Charter School shall report to the
City the procedure developed to utilize program income to offset project costs. If program income is
used to extend the availability of services provided by the Charter School through this Agreement,
the prior written approval of the Community Improvement Director or the CD Coordinator will be
required. Accounting and disbursement of program income shall be consistent with the procedures
outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident Opportunities):
The Charter School agrees that no person shall on the grounds of race, color, mental or
physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected
to discrimination under, any activity carried out by the performance of this Agreement. Upon
receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.
8. Evaluation and Monitoring:
The Charter School agrees that the City will carry out periodic monitoring and evaluation
activities (through in-house and s~te visitation evaluations) as determined necessary by the
Community Development Division or the City and that the continuation of this Agreement is
dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and
comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports,
and output measures. The Charter School agrees to furnish upon request to the CD Division, the
City, and/or HUD copies of transcriptions of such records and information as is determined
necessary by the City. The Charter School shall submit (on a monthly basis) and at other times upon
the request of the City, information and status reports required by the CD DlWslon, the City, or U.S.
HUD on forms approved by the CD Dlwsion to enable the Division to evaluate said progress and to
allow for completion of reports required of the City by HUD. The Charter School shall allow the
CD Division or HUD to monitor the Charter School on site (at least annually). Such visits may be
scheduled in advance or unscheduled as determined by the CD Division or HUD.
9. Audits and Inspections:
At any time during normal business hours and as often as the CD Division, the City, U.S.
HUD, or the Comptroller General of thc United States may deem necessary, there shall bc made
available by the Charter School to thc CD Division, the City, U.S. HUD, or the Comptroller General
for examination all its records with respect to all matters covered by this Agreement.
The Charter School agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement. The City will require the Charter School to submit a
single audit, including any management letter, made in accordance with the general program
requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180
days after the end of any fiscal year covered by this agreement in which Federal Funds from all
sources are expended. The audit shall be made by a Certified Public Accountant of the Charter
School's choosing, subject to the City's approval. In the event the Charter School is exempt from
having an audit conducted under A-133, the City reserves the right to require submission of audited
financial statements and/or to conduct a "limited scope audit" of the Charter School as defined by
A-133.
10. Increased Availability:
The intent and purpose of this Agreement is to increase the availability of the Charter
School's services to the community. This Agreement is not to substitute for or replace existing or
planned projects or activities of the Charter School. The Charter School agrees to maintain a level
of activities and expenditures, planned or existing, for projects similar to those being assisted under
this Agreement which is not less than that level existing prior to this Agreement.
11. Conflict Of Interest Provision:
The Charter School agrees to abide by and be governed by OMB Circular A-110 pursuant to
conflict of interest. The Charter School further covenants that no person who presently exercises
any functions or responsibilities in connection with the CDBG Project, has any personal financial
interest, direct or indirect, in the activities provided under this agreement which would conflict in
any manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the Charter School. Any possible
conflict of interest on the part of the Charter School or its employees shall be disclosed in writing to
the CD Diwsion provided, however, that this paragraph shall be interpreted in such a manner so as
not to unreasonably impede the statutory requirement that maximum opportunity be prowded for
employment of and participation of lower-income residents of the project target area.
12. Citizen Participation:
The Charter School shall cooperate with the CD Division in the implementation of the
Citizen Participation Plan by establishing a citizen participation process to keep residents and/or
clients informed of the activities the Charter School is undertaking in carrying out the provisions of
this Agreement. Appropriate representatives of thc Charter School shall attend meetings and assist
m thc implementation of thc Citizen Participation Plan, as requested by the City.
13. Suspension and Termination:
If through any cause the Charter School shall fail to fulfill (or materially comply m
accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement,
or if the Charter School shall wolate any of the covenants, agreements, or stipulations of this
Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment
m whole or part by giving written notice to the Charter School of such termination or suspension of
payment and specify the effective date of termination or suspension.
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) worlang days written notice to the other party.
Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this
Agreement through and including the date of termination. The Agreement may be terminated for
convenience in accordance with 24CFR 85.44.
In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
14. Leveraging:
The Charter School agrees to seek additional supportive or replacement funding from at
least two other funding sources (during the time frame covered by this agreement). This will allow,
to the greatest extent possible, the leveraglng of U.S. HUD funds. Proposals to other agencies will
be made in writing and a copy of such provided to the CD Division.
15. Independent Contractor:
The Charter School agrees that, in all matters relating to this Agreement, it will be acting as
an independent contractor and that its employees are not City of Delray Beach employees and are
not subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor
(sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who
will perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within the 36 months immediately preceding the date
hereof. This notice is required by F.S. 287.133(3)(a).
17. Reversion of Assets:
Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds. Additionally, where applicable, any real property under the sub-recipient's control that was
acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the
sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national
objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the
Agreement.
18. Counterparts Of This Agreement:
This Agreement contains all of the parties binding representations to one another. Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Improvement Director.
Agency/Sub-recipient:
Signed By:
Authorized Agency Official
WITNESSES:
CITY OF DELRAY BEACH, FLORIDA
Signed By:
David W. Schmidt, MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
ATTACHMENT I
SCOPE OF SERVICE/STATEMENT OF WORK
1.0 School Vision and Mission
2.0 Students to be Served
3.0 Curriculum
4.0 Outcomes to be Achieved
5.0 Instructional Methods to be Used
6.0 School Year Calendar
7.0
Current Incoming Baseline Standard of Student Academic
Achievement and Methods of Measurement
10.0
8.0 Participation in District and Statewide Assessment
9.0 Graduation and/or Promotion Requirements
Code of Student Conduct
11.0 Nature of Parental Involvement
12.0 Criteria for Admission
13.0 Enrollment Procedures
14.0
15.0
Student Transfers, Withdrawals, and Dismissals
Marketing and Recruitment Plan
16.0 Student Reporting
Deiray'Youth Vocational Charter School
1.0
A.
Bo
School Vision and Mission
Students are identified by: [Please identify target group.]
The Charter School will serve students who are between the ages
of t6 through 21 years old; who have been identified by local
schools, law enforcement and/or community leaders as
economically disadvantaged and at-risk; who may be eligible as
Exceptional Students; and whose parent(s) or legal guardian (s)
are residents of the City of Delray Beach, Palm Beach County,
Florida.
The Charter School will provide innovative programs designed to:
The Charter School is designed to assist economically and
educationally disadvantaged, at risk youth and youth with
disabilities in acquiring work behaviors, appropriate work
attitudes, entry-level automotive technical skills, social skills and
functional academic skills which will enable them to transition
successfully from school to work. The proposed Charter School
focuses on having students stay in school, _develop marketable
work skills, graduate and become gainfully employed in the
community and avoid institutionalization and prison. The goal of
the program is to be one year in length with accomodations made
on an individual basis. In the future, it is anticipated that other
vocational studies will be added to the program's original focus on
entry-level automotive technical skills.
It is the mission of the Charter School to:
It is the mission of the Delray Youth Vocational Charter School to
take a total community approach to improving the extent to which
Iow income, at-risk youth and youth with special needs who reside
in Delray Beach have access to socially desirable resources such
as Jobs and education within their community and to improve the
academic and vocational performance and post-school outcomes
of these youth. This comprehensive program *model has many
dimensions and will involve a strong partnership between
educators, families, community organizations, a local highly
reputed mental health agency, law enforcement, and area
businesses.
Do
2.0
A.
Co
The Charter School shall be non-sectarian and non-discriminatory in its programs,
admission policies, employment practices, and operations.
Students to be Served
The parties agree that the students to be served by this Charter School are defined
as students who are or whose parent(s) or legal guardian(s) are residents of Palm
Beach County, Flodda, or other districts with whom inter-district agreements exist.
[Please describe the student population to be served. INCLUDE TOTAL
NUMBER and GRADES or AGES OF STUDENTS TO BE SERVED]
It is expected that the Charter School will serve up to forty (40) at
risk students and/or district eligible ESE students who are
between the ages of 16-21 years old, economically disadvantaged
and at risk of not succeeding in regular school programs. Students
come from all races represented in the City of Delray Beach and
from Iow-income families.
The Charter School is available to all students residing in Palm Beach County
including, but not limited to, those meeting the criteria of the Individuals with
Disabilities Education Act (IDEA), English for Speakers of Other Languages
(ESOL), Title II of the Americans with Disabilities Act, and Section 504 of the
Rehabilitation Act of 1973.
The Charter School attendance zone for transportation purposes shall be:
Transportation for students who reside within a reasonable
distance and who need to be transported to/from the school site
will be provided according to State guidelines, Chapter 234,
Florida Statutes. As defined by State Board Rules in Chapter
234.01, Florida Statutes, we will transport students whose homes
are more than a reasonable walking distance. A two-mile radius is
comparable to other local public schools.
3.0
A.
Bo
Curriculum
The purpose of the Charter School curriculum shall be to:
1. Improve student learning;
2. Increase learning opportunities for all students, with special emphasis on
expanded learning experiences for students who are identified as
academically Iow achieving; and,
3. Encourage the use of different and innovative learning methods.
The Charter School agrees to implement a program of study consistent with the
educational and behavioral needs of the students and consistent with the state
educational goals established by §229.591, F.S.
Co
Do
Fo
4.0
A.
Bo
The Florida Department of Education (FDOE) Sunshine State Standards shall be
used as the curriculum guidelines. FDOE course descriptions shall be
incorporated for middle and high school course offerings.
The Charter School agrees to implement an instructional program consistent with
the program as specified in the Pupil Progression Plan of the School District of
Palm Beach County, as attached hereto in Exhibit B.
Course content and numbers shall be consistent with the State Course Code
Directory.
Classes shall normally be limited to
10 students.
Outcomes to be Achieved
The Charter School is accountable to State Board of Education Rules 6A-1.09981
and 6A-1.09422 FAC. The Charter School shall be accountable for performance
relative to the Student Performance Goal stated in §229.591, F.S. The Charter
School is accountable for the performance of its entire student population,
pursuant to §229.57 (7) and (8), F.S. Beginning with the 2001-2002 school year
and thereafter, a school's performance shall be rated using the same criteria as
used by the Florida Department of Education in grading other schools. The
Sponsor may use the data received from the Florida Department of Education to
determine a Charter School's grade.
The Charter School will establish a systematic method for assessing student
progress using the District's Pupil Progression Plan and performance at each
grade using valid and reliable procedures and following the requirements of the law
pursuant to §§229.57,229.591,229.592, and 232.245, F.S.
· Performance on tests (including but not limited to
Performance Series) to be administered at intake to establish
baseline levels in the areas of Language Arts and Mathematics
and post testing at the end of each subsequent year thereafter.
Initial plan is to use specially developed assessment tools that are
based on curriculum objectives.
· Achievement of goals and objectives in Transition IEP (reviewed
quarterly).
· Mastery of competencies outlined in the student's
Plan (reviewed quarterly)
· Teacher-made tests (includes pre and post testing).
· Student portfolios/work samples (ongoing),
· Quarterly progress summaries.
· Teacher observations/ authentic assessment
performance (ongoing).
Graduation
of student
Co
5.0
A.
Bo
[Describe any additional assessments that will be used by your Charter
School.]
· Initial comprehensive vocational assessment to establish
baseline skill levels, attitudes and barriers to employment. Initial
plan is to use the Curriculum Based Vocational Assessment
(CBVA) or other situational assessments.
· Vocational Competency Certifications which reflect industry
standards in Automotive Repair (skill training benchmarks).
An initial comprehensive behavioral assessment/overview to
establish current level of personal independence and social skills
development will be conducted. Initial plan is to use appropriate
versions of the Achenbach. Results from an Achenbach conducted
in a student's previous school (when available} will be compared
to the results yielded at the end of each year in the Charter
School. Individual Behavioral Support Plan. Behavioral incentive
program data. Progress documented quarterly.
Instructional Method~ to be Used
The Charter School shall provide an innovative educational program that includes
a vadety of instructional methods designed to encourage student achievement,
improve behavior and encourage attendance.
Instructional methods shall include:
The acquisition of basic core skills in reading, mathematics and
language arts skills will be emphasized and will take precedence
over all other school activities. Learning will take place in safe,
positive, constructive, orderly-but not rigid-classroom and non-
classroom environments. Staff will be flexible in their responses to
student infractions and in their teaching approaches, modifying
and adapting instructional materials and strategies to meet the
needs of different students. They will also be aware of the
personal and cultural learning style differences of their students
and respond to these with appropriate teaching approaches, it is
essential to provide students with a clear orientation to work and
learning in order for individualized instruction to succeed.
Student learning will be monitored closely in order for staff to be
able to adapt instruction as appropriate to meet learning needs.
Cooperative learning teams (small learning units) will be used in
program activities. Computer-assisted instruction will be provided
and will supplement and complement staff-directed instruction.
Co
6.0
A.
7.0
Instruction in test-taking skills and activities to reduce test.taking
anxiety will also be provided.
Students will participate in small classes and individual
instruction to help build basic literacy and functional skills and to
apply those skills through hands-on projects. Instruction will be
given in the classroom, in the community and at job training/
workplace settings. Entry-level automotive technical skills training
will be delivered in the classroom and/or in commercial business
environments. This business environment approach used
throughout program activities enables students to develop a feel
for the workplace. It is the program's goal to evenutally expand
the vocational offerings beyond the initial focus of entry-level
automotive technical skills.
Students shall be supervised by a Florida certified teacher or by skilled
instructional personnel at all times from arrival at school to departure.
During the school day, or any school-sponsored event, students shall be taught in
an environment where discipline is consistent and designed to support appropriate
behavior.
The Charter School 'shall designate in writing one individual to be the chief
administrator on site and responsible for the operations and management of the
Charter School whenever students are' present. Each person so designated shall
be a certified teacher or one with credentials, qualifications, background,
experience that is deemed appropriate by the governing board of the Charter
School. In the event the chief administrator is off campus, a certified/qualified
person(s) should be designated to be in charge.
[Insert name of each designee, and indicate whether each designee is a
Florida certified teacher or the chief administrator.] (This information must be
provided by July 15.)]
This information will be provided on or before July 15, 2002.
School Year Calendar
The Charter School shall provide instruction for a minimum of one hundred eighty
(180) school days or its equivalent as defined by Florida Statutes.
The start date and academic term calendar for the Charter School shall be
consistent with that of the Sponsor annually, unless approved otherwise by both
parties in writing.
Current Incoming Baseline Standard of Student
Academic Achievement and Methods of Measurement
Describe in detail your method for assessing the current incoming baseline
standard of student academic achievement, the outcomes to be achieved, and the
method of measurement that will be used. Include a detailed description for each
of the following:
A. How the baseline student academic achievement levels and prior rates of
academic progress will be established;
At enrollment, students will be administered a series of pre-tests/
surveys to establish baseline levels of academic, vocational and
personal/social functioning and to help assess learning styles and
identify special needs that should be provided to enhance learning
success. Students' attendance rates prior to enrolling at the
Charter School, as well as employability and independent living
skill levels, will also be assessed and documented at intake, in
addition parents and other students' academic and behavioral
histories will be reviewed and input from adults familiar with the
student will be sought. Knowledge gained from these initial
assessments will guide the development of a student's IEP,
Transition IEP and/or Graduation Plan.
B. How these baseline rates will be compared to rates of academic progress
achieved by these same students while attending the Charter School; and
On an annual basis, the Charter School will track the number of
students who:
1. Complete goals and objectives in the Transition IEP.
2. Demonstrate mastery of all competencies in the Graduation
Plan.
3. Secure gainful employment (full-time or part-time).
4. Remain out of institutions (hospitalization or incarceration).
5. Graduate with a Special Diploma.
6. Graduate with a General Equivalency Diploma.
7. Remain in school.
C. To the extent possible, how these rates of progress will be evaluated and
compared with rates of progress of other closely comparable student
populations.
1. Staff will compare dropout rates of the Charter School's
students to PBCSD and/or State of Florida dropout rates for similar
students on an annual basis.
2. Staff will compare graduation rates of the Charter School's
students to PBCSD and/ or State of Florida graduation rates for
similar students matriculating for an ESE Special Diploma on and
annual basis.
3. Staff will compare employment rates of the Charter School's
8.0
A.
Co
Do
Eo
Fo
Go
9.0
A.
students to PBCSD and/or State of Florida employment rates for
similar students on an annual basis.
Participation in District and Statewide Assessment
The Charter School shall ensure that all students enrolled in the Charter School be
required to take all applicable District and State standardized tests consistent with
the District's Pupil Progression Plan. The Charter School shall be responsible for
administering said tests.
The Sponsor agrees to provide the Charter School with a listing of all District and
State assessment tests and an annual calendar identifying test administration
dates. The Sponsor reserves the right to send proctors to the Charter School
during District and State assessment days to ensure test security and to monitor
the processes used in test administration to ensure the integrity of the testing and
assessment program of the Charter School.
In addition to applicable District and State standardized tests, the Charter School
may select and administer other appropriate standardized tests to facilitate
educational planning/evaluation.
All testing shall be conducted according to security rules in test manuals, Florida
Statute, and Chapter 6A-10.042 State Board Rules of Education. If testing
procedures are violated, the Charter School will pay the Sponsor for the Sponsor's
costs of investigating the violation, and of administering and scoring a different
version of the test.
Exceptional Student Education (ESE) students' Individual Education Plans (IEPs)
will document the type of assessment to be given (regular or alternate) and if
accommodations are needed.
An active Section 504 student's individual 504 Plan will document any
accommodations to standardized testing that are needed.
Results of District and State assessments shall be reported separately for the
Charter School and used to report academic performance.
Graduation and/or Promotion Requirements
The Charter Schools serving high school students shall assure compliance with the
method for determining graduation requirements pursuant to {}232.245, F.S., and
that students meet all graduation requirements as defined in {}232.246, F.S.
The Charter School shall either follow the Sponsor's report card distribution
calendar or establish their own report card distribution calendar pursuant to
§232.24521, F.S.
The Charter Schools serving high school students will award diplomas, Certificates
of Completion, special diplomas for ESE students when indicated on a student's
IEP, and State of Florida Certificates for General Education Development (GED) in
conjunction with the Sponsor's GED program, or a combination thereof.
10.0
^.
Bo
Co
D0
E°
Fo
G°
11.0
^.
Graduation and promotion requirements are contained in the Sponsor's Pupil
Progression Plan as attached hereto in Exhibit B. Graduation requirements apply
to high schools only.
Code of Student Conduct
The Code of Student Conduct shall include student .discipline policies, Zero
Tolerance Federal Gun Free School Zone Act, suspension criteria, procedures,
appeal and due process as required by State and Federal laws. The Code of
Student Conduct is appended hereto as Exhibit C, and is incorporated herein by
reference. If any provision of this Charter is inconsistent with Exhibit C, the
provisions of this Charter School Agreement shall prevail.
The Code of Student Conduct for the Charter School shall comply with
requirements of District, State, and Federal laws. The Charter will adhere to State
and Federal laws in so far as each student will be afforded "Due Process," e.g.,
notice and an opportunity to be heard.
The Charter School shall be responsible for all matters relating to student
discipline, and all appeals concerning decisions made by the Charter School. The
Sponsor will not hear appeals from students or parent(s)/ guardian(s) of the
Charter School regarding disciplinary matters, unless the parent requests a
headng regarding expulsion of a student by the Sponsor. The Charter School shall
follow State and Federal laws.
The Charter School agrees to implement and adhere to procedures for discipline of
ESE students as outlined in administrative directives and comply with requirements
for the Individuals with Disabilities Education Act.
Compliance with the Sponsor's Section 504 p.olicies and procedures specific to
manifestation determination and discipline issues for students with active 504
Plans will be met.
Students may be recommended for expulsion by the Charter School governing
board. Any such recommendation must be submitted to and approved by the
School Board of Palm Beach County in accordance with 228.041 (26) F.S. and
230.23(6) F.S.
The Charter School agrees to maintain a safe learning environment at all times
ensuring the health, safety, and welfare of all students attending.
Nature of Parental Involvement
[Describe how your Charter School plans to involve parents/guardians in
their child's education. The plan must include the use of a parent survey.]
A guiding principle of the Charter School is meeting the needs of
students through a strong collaborative effort among parent(s)/
guardian(s) and/or significant persons and school staff. Enrollment
in the Charter School is a cooperative choice, wherein parents and
students contractually agree to be responsible for their children
abiding by the rules and regulations applicable to attendance,
participation and behavior. Parent(s)/guardian(s) will have a voice
in the development and implementation of a student's graduation
plan. In addition:
---Quarterly progress meetings will be held for parent(s)/guardian(s}
and students as a way to provide 'open discussion" and three-way
feedback on student and program progress.
· Annual surveys will be distributed to parent(s)/guardian(s) and
students for their feedback and input, as to how the school's
operations may be improved.
· Parent(s}/guardian(s) will be encouraged to fulfill the terms of a
contract indicating the manner in which they will become involved
in their child's education and the school's operations, such as
school volunteerism; attending scheduled meetings, etc.
12.0
A.
B.
Do
Criteria for Admission
The Charter School shall be open to students residing in the School District.
The Charter School shall not enroll any student who is under a current term of
suspension or expulsion.
The Charter School shall project annually, the number of Full Time Equivalent
(FTE) students and the Florida Education Finance Program (FEFP) category that
the Charter School will serve each year. Enrollment projections will be capped or
limited based upon the availability of space of the Charter School in a grade level,
classroom, facility, and location.
The Charter School enrollment period shall begin on
March 1_ _of each year and end on _.May t5 of
each year. During the established enrollment periods, the Charter School will
accept applications from parent(s) or guardian(s) for enrollment of eligible
students, according to the criteria set forth in this Charter.
13.0
A.
Enrollment Procedures
The Charter School is subject to compliance with the entry, health examinations,
and immunizations section of §§232.0315 and 232.032, F.S.
[Please describe in detail student enrollment procedures.]
The first part of the admissions process will be students and
parent(s}/guardian(s) at scheduled orientation meetings to insure
that all parties will be fully informed as to the nature and scope of
the school, its curriculum and requirements before making a
decision to attend. The admissions application will include a
bilateral contract between the Charter School and each
prospective student indicating the roles and responsibilities of
each. The Charter School will commit to providing an exemplary
vocational/educational job preparation program. Students will sign
a contract committing themselves to actively participate in all
components of the school program. Parents will also be requested
to sign a contract committing themselves to be involved in their
child's education by, among other things, attending scheduled
conferences, having students attend regularly, participate in the
development of the student's Graduation Plan and Transition IEP
and volunteering at the school (if appropriate). Students will be
screened and evaluated by the Charter School staff after the
student has been enrolled and will be accepted for a ninety-day
evaluation period prior to being deemed appropriate for services. A
team made up of staff members will review students on a case-by-
case basis to determine if a student's needs cannot be adequately
addressed at the Charter School. The team will refer the student
to PBCSD personnel and our staff will work together with district
personnel to ensure that the needs of the student will be met.
The parent(s) or guardian(s) must complete and sign an application form which
must include, but not be limited to, the following:
1. The student's name, social security number, date of birth, place of birth,
race, local and mailing address, telephone number, verification of birth, last
school attended, Limited English Proficiency (LEP) information;
The parent's or guardian's name(s), local and mailing address, and
telephone number; and
Documentation of eligibility criteria as outlined in the Charter.
Do
Ho
All applications for enrollment shall be maintained by the Charter School.
The Charier School may enroll students who meet the eligibility criteria under this
Charter by accepting a timely application, unless the number of applications
exceed the capacity of a program, class, grade level, or building. In such case, all
applicants shall have an equal chance of being admitted through a random
selection process.
Siblings of students enrolled in the Charter School, children of employees of the
Charter School, and children of board members of the Charter School shall be
given preference during the enrollment and selection process provided they meet
the eligibility criteria. [optional]
The Sponsor shall transfer a student's cumulative record, including all disciplinary
records, to the Charter School upon enrollment. The Charter School shall comply
with the Federal Educational Right to Pdvacy Act (FERPA) and §228.093, F.S.
The Charter School may not target a student population other than the one
approved by the Sponsor.
Students with disabilities who are enrolled in the Charter School shall be provided
programs implemented in accordance with federal and state laws, local policies,
and procedures. Current applicable laws are the Individuals with Disabilities
'Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973; §§ 228.2001
and 230.23(4)(m), F..S., Chapter 6A-6 of the Florida Administrative Code, the
Sponsor's Special Programs and Procedures for Exceptional Students document;
School Board Policies relating to "Least Restrictive Environment,"
"Nondiscrimination on Basis of Disability," and sections of the Sponsor's Pupil
Progression Plan and Code of Student Conduct which address and/or apply to
students with disabilities.
An Individual Education Plan (IEP) must be developed and implemented for every
student identified and placed as a student with a disability covered by the
Individuals with Disabilities Education ACt (IDEA). An IEP shall superoede any
other educational plan developed by the Charter School. Development of the IEP
and completion of the matrix is the responsibility of the Charter School and shall be
in compliance with District, State, and Federal guidelines. All educational services
required by the IEP must be funded by the Charter School. The Charter School
will follow the Sponsor's guidelines regarding Child Study Team procedures and
requests for initial evaluations for students. The Sponsor is responsible for
performing initial psycho-educational and other appropriate evaluations. The
Charter School is responsible for following procedures for placement if the student
is identified as an ESE student in accordance with 34 Code of Federal Regulations
(CFR) 300.344. These procedures include proper notice and consent as required.
Psychological and other appropriate re-evaluations are the responsibility of the
Charter School. The Charter School will utilize all of the Sponsor's forms and
procedures related to pre-referral activities, referral, evaluation and re-evaluation
for ESE eligibility, IEP development, and placement. The Charter School will
schedule and -conduct an IEP meeting pursuant to 34 CFR 300.340-300.350 for
each eligible ESE student enrolled in the Charter School. The Charter School shall
ensure that appropriate personnel are in attendance at IEP meetings.
Ko
The Charter School shall provide ESE services as documented on the IEP. In the
case of a parent choosing a Charter School that cannot implement the student's
IEP as presented, an IEP meeting must be convened before the student is enrolled
in the Charter School. The IEP committee must review/revise the IEP and
determine the student's educational needs. The committee must clearly determine
how the student's needs will be met at the Charter School.
1. If it is determined by the IEP committee that the student has needs that cannot
be met at the Charter School, the IEP committee will focus on the appropriate
placement for the student.
The Sponsor shall be responsible to ensure that the needs of ESE students are
being met. Therefore, the District staff shall have access to view, review, copy,
retrieve, request, and/or recover the ESE files at the Charter School without
notice.
The Charter School must hire an appropriate number of ESE certified teachers
to provide ESE services. The Sponsor must be notified immediately by the
Charter School in the event that the certified ESE teacher is no longer
employed or providing services to ESE students as required in their IEPs.
4. A certified ESE teacher must maintain written documentation of consultative
services for any student whose IEP indicates consultative services.
5. Conference notes shall be made and filed for all ESE meetings.
Parents of students with disabilities shall be afforded notice of procedural
safeguards in their native language, as provided by the Flodda Department of
Education.
Mo
No
Oe
Charter Schools will adhere to the Sponsor's guidelines for transferring and
transitioning Exceptional Student Education (ESE) students to Charter Schools
from District schools or from Charter Schools to the District's schools and from
Charter Schools to District schools.
Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities
Act (Section 504/ADA) eligibility must be determined for any student with a
documented physical or mental impairment. If a student is eligible, 504/ADA
modifications to the existing curriculum must be reflected either on the Individual
Educational Plan developed and implemented by the Charter School or on the
Sponsor's Section 504/ADA form. This process shall be in compliance with state
and federal laws. Any educational modifications provided to a student pursuant to
the 504/^DA plan must be funded by the Charter School.
Students, including students with disabilities, enrolled at the Charter School who
are limited English proficient will be served by ESOL-endorsed personnel. The
Charter School will follow the Sponsor's Plan for limited English proficient students.
Go
14.0
A.
Bo
15.0
A.
An individual Limited English Proficient (LEP) Plan must be developed for every
student identified as limited English proficient. An LEP Plan shall supercede any
other educational plan developed by the Charter School. Development of the LEP
Plan must be a joint effort between the Sponsor and the Charter School. This
process shall be in compliance with District, State, and Federal guidelines. All
educational services provided to a student pursuant to an LEP Plan must be
funded by the Charter School.
Unless otherwise exempted by Chapter 228, F.S., the Charter School will complete
federal and state reports in accordance with the timelines and specifications of the
Sponsor and the Florida Department of Education. Failure to comply with this
provision shall be considered good cause for termination or non-renewal of this
Charter.
The Charter School agrees to enroll eligible students by accepting timely
applications, unless the number of applications exceeds the capacity of a grade
level or other facility utilized. In such case, all applicants will have an equal chance
of being admitted through a random selection process.
Enrollment is subject to compliance with the provisions of §§232.0315, and
232.032, F.S., regarding school-entry health examinations and immunizations
against communicable diseases, school attendance requirements, and
exemptions.
Student Transfers, Withdrawals, and Dismissals
Parents/Guardians may withdraw a student from the Charter School at any time.
The student will be assigned to his/her area school in accordance with his/her
Study Area Code (SAC). The Charter School may not withdraw or transfer a
student involuntarily.
The Charter School shall not refer students to a District-funded alternative
education program.
In the event that a student has been recommended to the School Board for
expulsion by the governing board of the Charter School, the Charter School is
responsible for providing academic and behavioral interventions for the student
while awaiting the School Board's decision on the student's expulsion.
Marketing and Recruitment Plan
[Describe how you plan to recruit students for your program.]
The Charter School may provide public information through open
houses, direct mailings and/or presentations to parents, local
community agencies, law enforcement, educators, civic
organizations and other community-based service providers.
Newspaper advertising and media coverage may be utilized.
School tours and open house for prospective students,
parent(s}/guardian(s) and community members will also be offered.
Co
Eo
Fo
The Charter School may provide public information through open houses, direct
mailings, and media.
The Charter School shall respond to all legal requests for information about the
Charter School, its programs, or status.
The Charter School shall provide public records upon request. Such releases of
public records shall not violate the confidentiality of student records protected by
the Family Educational Right to Privacy Act (FERPA), and must conform to the
requirements of § 228.093, F.S.
The Charter School shall provide appropriate information to public agencies whose
responsibilities include services for youth.
The Charter School may provide brochures to public school principals describing
its program. No Charter School representative or employee shall visit a school site
or distribute materials to school employees, students, or parents on the school site
without obtaining permission from the school principal.
16.0
A.
Student Reporting
The Charter School agrees to report its students to the Sponsor as required in
§236.081, F.S., in accordance with the definitions in §236.013, F.S., so that the
Sponsor can report student enrollment.
If the Charter School submits data relevant to FTE funding that is later determined
through audit procedures to be inaccurate, the Charter School shall be responsible
for any reimbursement to the Sponsor or state for any errors or omissions.
If the Sponsor submits data relevant to FTE funding that is later determined
through audit procedures to be inaccurate, the Sponsor shall be responsible for
any reimbursement to the Charter School or state for any errors or omissions.
ATTACHMENT I!
Grant Allocations 8-19-021 .xls
Summary of Operating Activtties
Delray Youth Vocational Charter School
Palm Beach County, Florida
Summary Statement of Activities
Revenues:
Base Capitation
Entitlements (Start-Up Grant)
Public & Private Grants & Other Program Revenues
Transportation
Food Service Revenues
Total Revenues
Expenses:
Salaried Personnel
Hourly Wage Personnel
Taxes & Benefits
Contract SPED - Instruction
Total Compensation
Professional Services
Vendor Services
Adrmnistrative Services
Instructional Expenses
Other Operating Expenses
F~xed Expenses
Total Expenses
Operating Surplus / Deficit
Addback Non-Cash Items
Cash Surplus / (Deficit) Available to Satisfy
Occupancy / Building Expenses Before
FDOE Captial Outlay Funding
2002 - 2003
School Year
Budget
$ 126,380
150,000
79,672
1,976
358,028
146,051
33,908
32,034
1,213
213,206
59,388
1,976
4,850
13,648
33,560
31,400
358,028
$0
Graut Totals
*Does not include costs of automotive training equipment and supplies.
Start-Up Grant
Allocations
104,700
15,100
20,000
10,200
$ 150,000
City of
Delray
Beach Granl
Allocations
41,351
33,908
16,934
26,407
31,400
$ 150,000
r~
ATTACHMENT III
AGENCY LETTERHEAD STATIONARY
To:
Community Development Coordinator
City of Delray Beach
100 N.W. First Avenue,
Delray Beach, Florida 33444
From:
Subject: REQUEST FOR REIMBURSEMENT (Month of
., 20__)
Attached, you will find the required documentation for reimbursement # __., under the
City's 2001 - 2002 CDBG Program and its current agreement with
This request for reimbursement covers eligible expenditures for the month of
,20 . The total amount requested by this invoice is $
(as per the agreement). Back up materials being submitted are true and correct copies of the
originals which are available for review in our office.
Signed:
Memo
To: David Harden, City Manager ~ ~),...,
1'bm.' Lula Butler, Director, Community Improveme
From-- Janet Meeks, Education Coordinat , ,(J~"/TL-~
,j
Date-' August 27, 2002
Re:
Execution of a Reimbursement Aareement with Palm Beach County for Teen
Central
ITEM BEFORE THE COMMISSION:
The item before the City Commission is consideration of approval of an agreement between
the City of Delray Beach and Palm Beach County Board of County Commissioners for the
reimbursement of up to $100,000 to help off-set costs associated with the renovation of the
Delray Beach Teen Central project.
BACKGROUND:
The City of Delray Beach is in the process of converting the former Women's Club building
into a Community Teen Center which is located at 505 SE 5~ Avenue. The anticipated costs
associated with the renovation project are approximately $303,473.
The attached agreement between the County and the City of Delray Beach, if executed will
allow Palm Beach County District 4 Recreation Assistance Program reserves to be used to
reimburse the City in an amount up to $100,000 to help assist in the Delray Beach Teen
Central Project. Expenses eligible for reimbursement include parking, landscaping, irrigation,
walkways, a 120 square foot building addition, interior remodeling of the existing 3,500
square foot facility, and new interior/exterior finishes to the facility.
RECOMMENDATION:
Approve the agreement between Palm Beach County Board of County Commissioners and
the City of Delray Beach, which authorizes the reimbursement of up to $100,000 for
expenses associated with the remodeling of the Teen Central project.
Attachment: Recreation Assistance Program Funding Agreement
Department of Parks
and Recreation
2700 6th Avenue South
Lake Worth, FL 3346!
(561) 966-6600
Fax (561) 642-2640
www pbcgov com
Palm Beach County
Board of County
Commissioners
Warren H Newell, Chairman
Carol A Roberts, Vice Chair
Karen T Marcus
Mary McCarty
Butt Aaronson
Tony Masdott]
Addle L Greene
County Administrator
Robert We~sman
'An Equal Oppormmty
Aff~rmanve Acnon £mployer'
~ pnnted on recycled paper
August 9, 2002
Ms. Lula Butler, Director
Community Improvement Department
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE:
RECREATION ASSISTANCE PROGRAM - FUNDING AGREEMENT FOR
THE DELRAY BEACH TEEN CENTRAL PROJECT
Dear Ms. Butler:
Attached are two originals of an Agreement for Palm Beach County District 4
Recreation Assistance Program funding in an amount up to $100,000 to assist in
the Delray Beach Teen Central Project. Expenses eligible for reimbursement
include site parking, landscaping, irrigation and walkways, a 120 square foot
building addition, interior remodeling of the existing 3,500 square foot facility, and
new interior and exterior finishes.
Please have both originals executed on behalf of the City of Delray Beach and
return them to this office to place on the agenda for approval by the Board of
County Commissioners. An insurance certificate or evidence of self insurance as
delineated in Section 8 of the Agreement needs to be returned along with the
Agreements. Do not fill the accounting forms (Exhibit A) at this time. They are to
be returned according to instructions in the agreement after approval of the
Agreement by the Board of County Commissioners. The Agreement allows for the
reimbursement of eligible project expenses subsequent to March 7, 2002, subject
to Board approval.
If you have any questions on the Agreement or the reimbursement process, you
may call Susan Yinger, Contract/Grant Coordinator at 966-6653. On behalf of
Commissioner Mary McCarty, we are pleased to assist the City of Delray Beach in
providing this allocation of District 4 Recreation Assistance program funding for the
Delray Beach Teen Central Project.
Slnc ,
Dennis L. Es eman, Director
Parks and Recreation Department
DLE/SWY
Copy to'
Commissioner Mary McCarty, District 4
Dawd Harden
Bill Wilsher
Mike Martz
COMM. til/il~, ADMIN.
AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF DELRAY BEACH FOR FUNDING OF THE TEEN CENTRAL PROJECT
THIS AGREEMENT is made and entered into on , by and between Palm
Beach County, a political subdivision of the State of Florida, hereinafter referred to as
"County", and The City of Delray Beach, a Flodda municipal corporation, hereinafter
referred to as "Delray Beach".
WlTNESSETH:
WHEREAS, Delray Beach owns the former Women's Club building located on City
property at 505 S. E. 5th Avenue in Delray Beach; and
WHEREAS, Delray Beach is in the process of converting the former Women's Club
building into a Community Teen Center, known as the Teen Central project; and
WHEREAS, the Teen Central project is anticipated to cost approximately $303,473
for site parking, landscaping, irrigation and walkways, a 120 square foot building addition,
interior remodeling of the existing 3,500 square foot facility, and new interior/exterior
finishes to the facility; and
WHEREAS, Delray Beach has requested from County an amount not to exceed
$100,000 to help offset costs for the Teen Central Project; and
WHEREAS, County desires to provide funding for the Teen Central Project in an
amount not to exceed $100,000; and
WHEREAS, funding for the Teen Central Project is available from District 4
Recreation Assistance Program reserves; and
WHEREAS, the resulting Community Teen Center shall be open to and benefit
all residents of Palm Beach County; and
WHEREAS, both parties desire to enter into this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained
herein, the parties hereby agree to the following terms and conditions:
1. County agrees to fund an amount not to exceed $100,000 to Delray Beach for
the Teen Central Project to include site parking, landscaping, irrigation and walkways, a
120 square foot building addition, interior remodeling of the existing 3,500 square foot
facility, and new interior/exterior finishes to the facility, as depicted on Exhibit "A",
hereinafter referred to as the ~Project".
2. County will use its best efforts to provide said funds to Delray Beach on a
reimbursement basis within forty-five (45) days of receipt of the following information:
a. A written statement that the Project has been completed; and
b. A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form, attached hereto and made a part hereof as Exhibit "B", which are required
for each and every reimbursement requested by Delray Beach. Said information shall list
each invoice paid by Delray Beach and shall include the vendor invoice number; invoice
date; and the amount paid by Delray Beach along with the number and date of the
respective check for said payment. Delray Beach shall attach a copy of each vendor
invoice paid by Delray Beach along with a copy of the respective check and shall make
reference thereof to the applicable item listed on the Contractual Services Purchases
Schedule. Further, Delray Beach's Project Financial Officer shall certify the total funds
spent by on the Project and shall also certify that each vendor invoice as listed on the
Contractual Services Purchase Schedule was paid and approved by the Delray Beach as
indicated.
c. Planning and expenses for the Project were initiated by the Delray Beach
on March 7, 2002. Those costs incurred by Delray Beach for the Project and approved
and submitted accordingly by Delray Beach subsequent to the date of said Project
initiation are eligible for reimbursement by County pursuant to the terms and conditions
hereof.
d. Recreation Assistance Program funds may be used as a match forother
local, State, or Federal grant programs, but Delray Beach may not submit reimbursement
requests for the same expenses to the County or other funders to receive duplicate
reimbursement for the same expenses.
3. In the event Delray Beach ceases to exist, or ceases or suspends the Project for
any reason, any remaining unpaid portion of the Agreement shall be retained by County
and County shall have no further obligation to honor reimbursement requests submitted
by Delray Beach. The determination that Delray Beach has ceased or suspended the
Project shall be made solely by County and Delray Beach agrees to be bound by County's
determination.
4. Delray Beach agrees to abide by, and be governed by, all applicable federal,
state, county, and municipal laws, including but not limited to, Palm Beach County's
ordinances, as said laws and ordinances exist and are amended from time to time. In
entering into this Agreement, Palm Beach County does not waive the requirements of any
County or local ordinance or the requirements of obtaining any permits or licenses which
are normally required to conduct business or activity conducted by Delray Beach. Failure
to comply may result in County's refusal to honor reimbursement requests for the Project.
5. Delray Beach shall make the Community Teen Center available to the general
public regardless of residency, race, color, religion, sex, age, disability, marital status,
sexual orientation, national origin, or ancestry.
6. Delray Beach shall provide accounting data to County for same on or before
twelve (12) months from the date of execution of this Agreement by the parties hereto.
7. The term of this Agreement shall be for twenty (20) years commencing upon the
date of execution by the parties hereto.
8. Prior to execution of this Agreement bythe County, Delray Beach shall provide
either a certificate evidencing insurance coverages as required herein or a statement of
self insurance from Delray Beach's Risk Manager. Delray Beach shall, during the term
of this Agreement and any extension hereof, maintain in full force and effect self insured
or commercial general liability insurance, including contractual liability and completed
operations liability, in the amounts specified in Section 768.28, Florida Statutes, to
specifically cover all exposures associated with the Project and terms and conditions of this
Agreement. Where permissible with respect to the above coverages, such policy shall
include Palm Beach County as additional insured and shall contain a clause providing the
County with at least thirty (30) days prior notice in the event of cancellation, non-renewal,
or material adverse change in coverage. Compliance with the foregoing requirements shall
not relieve Delray Beach of its liability and obligations under this Agreement. Delray Beach
agrees to indemnify, defend, and hold harmless the County for any liability arising out of
any negligent act or omission of Delray Beach to the extent the insurance described in this
paragraph fails to cover the County. Nothing in this
paragraph shall constitute a waiver of either party's sovereign immunity beyond the limits
set forth in Section 768.28, Florida Statutes.
9. The parties may pursue any and all actions available under law to enforce this
Agreement including, but not limited to, actions arising from the breach of any provision set
forth herein.
10. This Agreement shall be governed by the laws of the State of Flodda and any
and all legal action necessary to enforce this Agreement shall be held in Palm Beach
County.
11. Any notice given pursuant to the terms of this Agreement shall be in writing
and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following:
As to the County:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, Florida 33461
As to Delray Beach:
City Manager
100 N. W. IstAvenue
Delray Beach, FI 33444
IN WITNESS WHEREOF, the undersigned parties have signed this
Agreement on the date first above written.
ATTEST:
DOROTHY H. WILKEN, Clerk
By:.
Deputy Clerk
ATTEST:
By:.
City Cle~
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:,
County Attorney
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Warren H. Newell, Chairman
CITY OF DELRAY BEACH
By:.
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:.
City Attorney
APPROVED AS TO TERMS AND CONDITIONS
By:.
Dennis L. Eshleman, Director
Parks and Recreation Department
PALM BEACH COUNTY EXHIBIT A
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
Grantee
Billing #
(Date)
Request Date
Billing Period
Item
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS ~
Certification: I hereby certify that the above
expenses were incurred for the work identified
as being accomphshed in the attached progress reports.
PROJECT PAYMENT SUMMARY
Project Costs Cumulative
This Billing Project Costs
Total
Project Costs
Certification: I hereby certify that the documen-
tation has been maintained as required to suppor
the project expenses reported above and is avail-
able for audit upon request.
Administrator/Date
Financial Officer/Date
PBC USE ONLY
County Funding Participation
Total Project Costs
Total project costs to date
County obligation to date
County retainage ( %)
County funds previously disbursed
County funds due this billing
Reviewed and Approved by:
PBC Project Administrator/Date
Department Director/Date
1 OF2
Z La
AUG. 1.2E~2 3: 4~Ptl
CITY OF DELRAY BEACH 1~0.454 P.E-'~ -,
L
DELRAY BEACH
NI-AmeicaC~
1993
2001 TO:
100 N.W 1st AVENUE
I IEMORANDUi I
FROM:
David T. Harden
City Manager
Robert A. Barcinski
Assistant City Manager
DELRAY BEACH, FLORIDA 33444
561/243-7000
DATE: August 28, 2002
SUBJECT:
Agenda Item City Commission Meeting September 3, 2002
Approval Consulting Agreement - Golf Course
ACTION
City Commission is requested to approve a consulting agreement for Golf Course architect
services with Mr. Ward W. Northrup in the amount of $46,500. Funding is available in account
code 445-4761-572-31.30.
BA CKGR 0 UND
At the August 6~' Commission meeting, staff was authorized to negotiate a consulting agreement
with Mr. Ward W. Northrup for Golf Course architect services. The scope of work to be
performed includes preliminary design studies and cost estimates, preparation of preliminary and
final plans, specifications and bid documents, bid review assistance, and construction
management. Mr. Northrup will review the condition of the greens and irrigation system. At the
last workshop Commission requested changes in the agreement to include a review of the use of
reclaimed water and a rate for any litigation services that may be needed. These items have been
incorporated into the attached agreement at no additional cost.
Staff estimated the architect services to be between $45,000 and $50,000. The estimated
construction costs for the project if greens are rebuilt to USGA specifications including irrigation
work is $900,000.
The agreement has been reviewed by the City Attorney, staff and Mr. Northrup.
RECOMMENDATION
Staff recommends approval of the Consulting Agreement for Golf Course architect services with
Mr. Ward W. Northrup in the amount of $46,500 with funding to come from account 445-4761-
572-31.30.
RAB/tas
Cc: Brahm Dubin
File:u:sweeney/agenda
Doc:Consulting Agreement Golf Course
Pnnted oa Recycled Pap,~c
THE EFFORT ALWAYS MATTERS
CONSULTING AGREEMENT
THIS AGREEMENT is made and entered into this ~ day of ,
2002, by and between the CITY OF DELRAY BEACH, hereinafter referred to as
"CITY", and WARD W. NORTHRUP, GOLF COURSE ARCHITECT, hereinafter
referred to as "CONSULT~,NT".
WHEREAS, the parties desire to enter into an agreement to provide golf course
design and improvement services related to the renovation of the Delray Beach Golf
Club; and
WHEREAS, the CITY and CONSULTANT desire to clarify and define their
responsibilities with regard to providing said services.
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises set forth herein, the parties to this Agreement do hereby agree as follows:
1. PURPOSE. The purpose of this Agreement is to assist the CITY with golf
course design and improvement services relating to the renovation of the Delray Beach
Golf Club. The project includes preliminary design studies, drawings, specifications,
construction inspections, and architectural consulting services.
2. SERVICES PROVIDED BY CONSULTANT.
A. Task 1- Preliminary Design Studies and Construction
Estimates.
1. CONSULTANT shall prepare preliminary design studies
based upon meeting with Golf Course and CITY staff. The preliminary design work
should include a renovation of greens analysis (USGA standards vs. re-grassing). In
addition, the preliminary design shall illustrate modifications, if any, to the club house
area, golf maintenance site, greens, tees, fairways, links, and canals.
and recommend
reclaimed water.
2. CONSULTANT shall review the existing irrigation system
improvements including facilities for storage and distribution of
3. CONSULTANT must submit all preliminary designs to the
CITY for approval before proceeding onto the next phase.
4. CONSULTANT must submit to CITY an estimate of
construction costs. It is recognized that neither CONSULTANT nor CITY has control
over the cost of labor, materials, equipment, market conditions, or competitive bidding
rates. Therefore, CONSULTANT cannot and does not guarantee that bids will not vary
from any statement or estimate of construction costs prepared by CONSULTANT.
5. Statements of construction costs shall be consistent with and
reflect costs of current and past projects on similar sites that have been designed by
CONSULTANT.
6. CONSULTANT shall investigate the feasibility of phasing in
the Golf Course improvement plan over a pedod of two (2) years as well as the
feasibility of completing the construction of said project within one (1) single year in
order to minimize the time that the golf course will be out of service.
7. Once CITY authorizes CONSULTANT to proceed with the
task called for in Paragraph 2(B) (below), CONSULTANT shall secure Professional
Liability Insurance as specified in Paragraph 9(D).
B. Task 2- Construction Estimates, Drawings and Specifications.
1. Based upon preliminary Construction Drawings and
Specifications, the CONSULTANT shall advise the CITY of any adjustments to earlier
estimated construction costs as determined by changes in requirements, conditions in
the industry, or as the result of more detailed information and analysis.
2. CONSULTANT shall prepare the Final Plans, Specifications
and Bid Documents following the CITY'S approval of Preliminary Construction Drawings
and Specifications.
(a) Specifications shall include:
(i) Construction Drawings of each putting green
reflecting proposed contours at a scale of 1"=20' with contour intervals at .5 foot on the
putting surface.
(ii) Construction drawings of tees, fairways,
bunkers, and all areas showing existing contours and proposed contours at one (1) foot
intervals with spot elevations at .5 foot intervals, if necessary, for proper drainage.
(iii) Irrigation plans including locations of irrigation
heads, pipes, valves, controllers, and pump stations as well as programming,
scheduling, pipe sizes, and pump capacity.
(iv) The irrigation system design shall be prepared
by the CONSULTANT in conjunction with a qualified, certified Irrigation Engineer who
has designed at least ten (10) complete irrigation systems that have performed
satisfactorily.
(b) CONSULTANT shall not be responsible for
performance of irrigation systems if substitutions or changes are made to
CONSULTANT'S design by others at the direction of CITY.
2
(c) CONSULTANT is not responsible for obtaining the
irrigation water source other than designing holding lakes or pumps to be installed on
wells furnished by CITY on the Golf Course property.
3. CONSULTANT, following CITY'S approval'of the Final
Plans, Specifications, and Bid Documents, shall assist the CITY in establishing
prequalification for bidders.
C. Task 3 - Construction Inspection.
1. CONSULTANT shall attend a "pre-bid conference", if held,
to consult with CITY and bidding contractors during the bid phase. CONSULTANT shall
evaluate bids and bidders and make a recommendation for award of the bid.
2. CONSULTANT agrees to inspect the construction weekly to
assure that the work is completed in accordance with CONSULTANT'S Drawings,
Plans, and Specifications. In addition, CONSULTANT agrees to be available for status
conferences as deemed necessary by CITY or CITY'S representative.
3. CONSULTANT agrees to make inspections and review
construction at any time requested by CITY and to cooperate in every way in order to
expedite the project.
4. CONSULTANT shall agree to endeavor to guard CITY
against defects and deficiencies in the work of the Contractor. However,
CONSULTANT shall not be responsible for construction means, methods, techniques,
sequences, procedures, or safety precautions and programs implemented by
Contractor.
5. CONSULTANT shall determine amount owing to Contractor
and shall issue Certificates of Payment to Contractor in such amounts as based on
CONSULTANT'S observations at the project site and on Contractor's Application for
Payment certifying distribution of costs of work in place. Certificates of Payment shall
constitute a representation by CONSULTANT to CITY that the work has progressed to
the point indicated and that to the best of CONSULTANT'S knowledge, information, and
belief, that the quality of the work completed is in compliance with the standards
established by the contract documents and that the Contractor is entitled to payment in
the amount certified.
6. CITY may require CONSULTANT to make a reasonable
investigation to ascertain that Contractor is complying with contract conditions relating
to the satisfaction of Sub-Contractor's progress, payments, and payment of other bills
for labor and materials entering into the construction, so long as CITY has good cause
to request CONSULTANT to make such investigation.
3
7. CONSULTANT shall assist in making decision on all claims
of CITY or Contractor relating to the execution and progress of the work and on all
matters or questions related thereto.
8. CONSULTANT shall have authority to reject work which
does not conform with the Contract Documents.
9. CONSULTANT shall review and approve shop drawings,
samples, and other submissions of the Contractor only for conformity with the design
concept of the overall project and compliance with the information given in the Contract
Document.
10. CONSULTANT shall prepare change orders, as necessary,
to be approved by CITY.
11. CONSULTANT shall perform inspections to determine the
dates of Substantial and Final Completion.
12. CONSULTANT shall not be responsible for acts or
omissions of the Contractor, Sub-Contractor, or any of the Contractor's or Sub-
Contractor's agents or employees unless CONSULTANT had actual knowledge of such
acts or should have known of such acts, and such acts were in violation of the Contract
and were neither corrected by Contractor, nor reported in writing to CITY by
CONSULTANT.
3. FEE SCHEDULE.
B. CONSULTANT'S professional fee of Forty Six Thousand and Five
Hundred Dollars ($46,500.00) shall be paid as follows:
1. An initial payment of ten (10%) of the Professional Fee,
payable upon execution of this Agreement.
2. Subsequent payment of the Professional Fee shall be made
in increments at the completion of each phase of the work in order to advance the
account.
Preliminary Design Studies and Construction Cost Estimates ..................... 30%
(to be completed within thirty (30) days of execution of contract)
Preliminary Construction Drawings and Specifications and Adjusted Construction
Cost Estimates ............................................................................... 50%
(to be completed within thirty (30) days of City approval of preliminary design
studies)
Final Plans, Specifications and Bid Documents ....................................... 60%
(to be completed within thirty (30) days of City approval of preliminary
construction drawings and specifications)
Bidding and[or Negotiation for Construction Contracts ............................. 70%
(time to be determined by CITY at completion of final plans, specifications and
bid documents)
One Quarter (1/4) Construction Completed ........................................... 80%
(time to be determined at execution of construction contract)
One Half (1/2)Construction Completed ............................................... 90%
(time to be determined at execution of construction contract)
Three Quarters (3/4) Construction Completed ........................................ 95%
(time to be determined at execution of construction contract)
Construction Completed .................................................................. 100%
(time to be determined at execution of construction contract)
3. No deductions shall be made from the CONSULTANT'S
compensation fees due to actions of the Contractor resulting in penalties or liquidated
damages.
4. ADDITIONAL SERVICES NOT INCLUDED.
A. The following services shall not be covered by this Agreement. If
CITY requests CONSULTANT to perform these additional services, then such fees
shall be established at the time of the request based on values used in this Agreement.
1. Financial Feasibility Studies.
2. Revision of Drawings, Specifications, or other Documents to
accomplish changes not initiated by CONSULTANT after completion of Preliminary
Design Studies.
3. Detailed Estimates of Construction Costs other than as
provided above.
4. Consultations regarding replacement of any work damaged
by casualty or other causes dudng construction to the extent that such consultations
require more time on the site than normal construction observation visits.
5. Any services made necessary as a result of default by the
Contractor in performance of the Construction Contract.
6. Any services related to construction after final payment has
been made to Contractor and/or any services related to preparation of Golf Course for
play.
5. CITY'S RESPONSIBILITIES.
A. CITY shall provide CONSULTANT with all information regarding
Project requirements.
B. CITY shall provide CONSULTANT with an authorized
Representative that may act on behalf of CITY with respect to examination of
documents submitted by CONSULTANT to CITY. CITY'S Representative shall attempt
to render decisions promptly to avoid unreasonable delay in the progress of
CONSULTANT'S work.
C. CITY shall furnish a certified land survey of Golf Course site.
D. CITY shall provide CONSULTANT with information regarding the
source of irrigation water as well as information regarding utility lines.
E. CITY shall provide CONSULTANT with locations of reclaimed
water source and transmission line.
F. CITY shall provide a Soils Engineer to determine subsoil conditions
by testing borings and pits, as well as soil boring values, and provide reports of same.
6. INDEPENDENT CONTRACTOR STATUS. This Agreement does not
create an employer/employee relationship between the parties. CONSULTANT is not
entitled to any benefits paid to CITY employees, it is the intent of the parties that under
this Agreement, an Independent Contractor is not an employee of the CITY for any
purposes, including but not limited to the application of the Fair Labor Standards Act
minimum wage and overtime payments, Federal Insurance Contribution Act, the Social
Security Act, the Federal Unemployment Tax Act, the provisions of the Internal
Revenue Code, the State Worker's Compensation Act, and the State Unemployment
Insurance Law.
7. TAXES. CONSULTANT shall be responsible for all taxes of any kind. An
IRS W-2 form will not be provided. The CITY will provide an IRS Form 1099 required by
law. CONSULTANT recognizes that no Federal Income Tax or Social Security will be
withheld.
8. INDEMNIFICATION. In consideration of ten dollars ($10) and other
valuable consideration, the CONSULTANT will at all times, indemnify, save and hold
harmless the CITY, its agents, employees, or representatives from any claim, demand,
suit, loss, cost of, expense or damage which may be asserted, claimed or recovered
against or from CITY or CITY's agents, employees, or representatives, by reason of any
damage to property or person, including death, sustained by any person whomsoever,
which damage is incidental to, occurs as a result of, or arises out of the negligent,
wrongful act(s) of CONSULTANT.
A. Nothing contained herein is intended nor shall be construed to
waive CITY'S rights and immunities under the common law or Section 768.28, Florida
Statutes, as amended from time to time. The provisions of this Paragraph 8 shall
survive the execution, delivery, and performance of this Agreement.
9. PROOF OFINSURANCE.
Without limiting any of the other obligations or liabilities of the
CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in
force, until all of its services to be performed under this Agreement have been
completed and accepted by the CITY (or for such duration as is otherwise specified
hereinafter), the following insurance coverages:
A. Worker's Compensation Insurance to apply to all of the
CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of
the State of Florida and all applicable Federal Laws.
1. Employer's Liability with limits of $100,000 per person,
$500,000 per occurrence and $100,000 per each disease.
B. Comprehensive General Liability with minimum limits of one million
Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General Liability policy, without
restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects,
or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office
and must include:
1. Premises and/or Operations
2. Independent Contractors
3. Products and Completed Operations - CONSULTANTS
shall maintain in force and effect until at least three (3) years after completion of all
services required under this Agreement, coverage for Products and Completed
Operations, including Broad Form Property Damage.
4. Broad Form Property Damage
5. Contractual Coverage applicable to this specific Agreement.
6. Personal Injury Coverage with minimum limits of coverage
equal to those required for Bodily Injury Liability.
C. Business Automobile Liability with minimum limits of three hundred
thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office and must include:
1. Owned Vehicles
2. Hired and Non-Owned Vehicles
3. Employers' Non-Ownership
D. Professional Liability Insurance with minimum limits per occurrence
applicable to CITY projects as follows:
Construction Cost Ranqe
Limit
1. 0-99,000 250,000
2. 100,000-299,000 500,000
3. 300,000499,000 750,000
4. 500,000-Above 1,000,000
Coverage shall be afforded on a form acceptable to the CITY.
CONSULTANT shall maintain such professional liability insurance until at least one
year after project is completed. CONSULTANT shall ensure that sub-consultants used
for any portion of the project, maintain adequate levels of Professional Liability
Insurance. Within thirty (30) days of commencement of services set forth in Paragraph
2(B) (above), the CONSULTANT shall provide to the CITY Certificates of Insurance
evidencing the insurance coverage specified in Paragraph 9(A) through 9(D). All
policies covered within subparagraphs A through D shall be endorsed to provide CITY
with thirty (30) days notice of cancellation and/or restriction. The CITY and BJCE, Inc.
shall be named as additional insureds as to CONSULTANT'S liability on policies
referenced in subparagraphs 9(B). The required Certificates of Insurance shall not only
name the types of policies provided, but also shall refer specifically to this Agreement
and section and to the above paragraphs in accordance with which insurance is being
furnished, and shall state that such insurance is as required by such paragraphs of this
Agreement. The CONSULTANT shall also make available to the CITY a certified copy
of the Professional Liability Insurance Policy required by subparagraph 9(D) above for
the CITY'S review. Upon request, the CONSULTANT shall provide copies of all other
insurance policies.
If the initial policies required by this Agreement expire prior to the
completion of the services, renewal Certificates of Insurance of policies shall be
furnished within thirty (30) days prior to the date of their expiration. For Notice of
Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with
thirty (30) days notice of cancellation and/or restriction.
CONSULTANT'S Insurance, including that applicable to the CITY as an
Additional Insured, shall apply on a primary basis.
10. PERSONAL PROPERTY. CITY shall not be responsible for any property
damage or personal injury sustained by CONSULTANT or its agents, employees, or
assigns from any cause, whatsoever, during, prior, or subsequent to the period of time
during which this Agreement is in effect.
11. LITIGATION SERVICES. It is understood and agreed that
CONSULTANT'S services include reasonable participation in litigation or dispute
resolution arising from this Agreement. CONSULTANT'S participation shall include up
to thirty (30) hours of services related to litigation or dispute resolution. Any such
services in excess of thirty (30) hours shall be an extra service for which
CONSULTANT shall receive additional compensation at his hourly rate of one hundred
dollars ($100) per hour.
12. ASSIGNMENT. This Agreement may not be assigned without the written
consent of the CITY.
12. ANTI-DISCRIMINATION. CONSULTANT shall not discriminate on the
basis of age, religion, race, sex, marital status or handicap in the performance of this
Agreement.
13. NOTICES. All notices shall be effective when mailed to the following
addresses:
CONSULTANT Address:
Ward W. Northrup
Golf Course Architect
5505 Osprey Drive
Ocean Ridge, FL 33435
CITY Address:
David Harden, City Manager
100 NW. 1st Avenue
Delray Beach, FL 33444
14. FORCE MAJEURE. In the event that the Project is suspended for a
period exceeding two (2) months due to strike, act of God, extreme weather, terrorism,
or any other cause beyond the control of CONSULTANT, CONSULTANT shall be
notified in writing by CITY of such suspension or abandonment of the Project and there
upon the CONSULTANT shall be paid all of his compensation for the services
performed until the date he received written notice.
9
15. TERMINATION OF AGREEMENT. The agreement may be terminated by
either party without cause upon sixty (60) days written notice. CONSULTANT shall be
paid all of his compensation for the services performed until the date of termination.
(a) Ownership of Documents: Drawings and Specifications as
instruments of service are and ~hall remain the property of the CITY whether or not the
Golf Course Project is completed.
16. INTERPRETATION. This Agreement represents the entire understanding
of the parties and supersedes all other written or oral agreements. Modifications to this
Agreement must be made in writing and mutually agreed to by both parties.
17. VENUE. This Agreement shall be construed in accordance with the laws
of the State of Florida and venue shall be in Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first written above.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
City Clerk
By:
David Schmidt, MAYOR
Approved as to Form:
City Attorney
WITNESSES:
71~int Na~e:'
Prin~'me:
CONSULTANT:
' Wa~'~'W.~q~lo~th, r,d'p
Federal Tax I.D. No.:
]0
CITY OF DELRrlY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM'
SUBJECT:
MEMORANDUM
August 29, 2002
David T. Harden, City Manager
Mayor and Commissioners
Terrill Pyburn, Assistant City Attorney
Monterey House Lease Aqreements
Writer's Direct Line: 561/243-7090
The Second Restated Lease and the Restated Sublease of the Property known as
the Monterey House are both modified versions of the August 12, 1999 lease
agreements entered into between the City and the Florida Department of State
Division of Historical Resources (Lessee) as well as the Delray Beach Historical
Society (Sub-Lessee). The modifications to these agreements were made in order
to reflect the change in rent, repair and replacement fees of each respective party
to the lease agreement.
Under the terms of these modified agreements, the Lessee shall pay $155/month
in rent ($230 - the $75 paid by the City) as illustrated in paragraph 4 of the
Second Restated Lease and $270.71/month in maintenance fees as illustrated in
paragraph 11 of the Second Restated Lease. Then, the Sub-Lessee shall pay
$300/month in rent as illustrated in paragraph 5 of the Restated Sublease, which
will offset the amount of money that the Lessee owes each month (also illustrated
in paragraph 5 of the Restated sublease) leaving a net of $125.71/month to be
paid by the Lessee ($230 rent - $75 City = $155 rent + $270.71 maintenance =
$425.71 subtotal - $300 sublease rent = $125.71 net). These amounts shall be
due to the City on the first day of each month.
Therefore, the net amount due and owing to the City on the first day of each month
after all of the offsets is Three Hundred Dollars ($300.00) to be paid by the Delray
Beach Historical Society (Sub-Lessee) and One Hundred Twenty-Five Dollars and
Seventy-One Cents to be paid by the Florida Department of State Division of
Historical Resources (Lessee).
Please place this matter on the September 3, 2002 City Commission Agenda for
consideration.
Please let me know if you have any questions. Thank you.
CC:
Barbara Garito, City Clerk
Susan Ruby, City Attorney
Joe Safford, Director of Finance
RESTATED SUBLEASE OF THE PROPERTY
KNOWN AS THE MONTEREY HOUSE
This Restated Sublease Agreement between the FLORIDA DEPARTMENT OF
STATE, DIVISION OF HISTORICAL RESOURCES, a political subdivision of the State
of Florida, party of the first part (hereinafter called Lessee), and the DELRAY BEACH
HISTORICAL SOCIETY, a non-profit corporation, party of the second part (hereinafter
called the Sub-lessee) is entered into this ~ day of
WITNESSETH:
WHEREAS, the City of Delray Beach owns a certain
,2002.
property as more fully
described in Exhibit "A", and leases the property to the Lessee under a second restated
lease of the property known as the Monterey House, attached hereto as Exhibit "B"; and
WHEREAS, the Lessee and Sub-Lessee entered into a sub-lease agreement
on August 12, 1999 and this agreement is required to be modified to reflect the change
in the rental fee; and
WHEREAS, for ease of future reference, the Sub-Lease has been restated as
provided for herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties agree as follows:
1. Incorporation of recitals. The Parties hereby represent and warrant that
the above recitals are accurate and correct and hereby incorporate them as if fully set
forth in this Agreement.
2. Description of Subleased Property. Lessee hereby leases to Sub-
Lessee, three rooms, designated as the living room, dining room, and library, on the
first floor of the property known as the Monterey House, more fully described in Exhibit
"A" attached hereto. Sub-Lessee understands and accepts that the use of the leased
property is nonexclusive to the extent that it is subject to unlimited access to the second
floor of the property known as the Monterey House via an indoor staircase.
3. Term. The term of this Sub-lease shall be for a period of one (1) year
commencing August 1, 2001. Upon the expiration of the initial term, this Sub-lease may
be renewed upon the express written agreement of the Lessee and the Sub-Lessee, if
consent is given by the City of Delray Beach, for successive periods of one (1) year,
subject, however, to the continuance of Lessee's lease with the City of Delray Beach
for the property known as the Monterey House. If the Lessee's lease with the City of
Delray Beach shall terminate for any reason, this Sub-lease between Lessee and Sub-
Lessee shall terminate therewith.
4. Use of Premises.
a. Permitted use. Sub-Lessee shall use the leased property for the
following purposes: office, meetings, and other public events which carry out the
Sub-Lessee's business. Sub-Lessee agrees to provide furniture and office
equipment as needed by Sub-Lessee.
b. Use of Gallery. With prior notice to and approval from Lessee,
Sub-Lessee shall be permitted to hold occasional meetings in the Gallery. Sub-
Lessee's use of the gallery is nonexclusive and subject of the right of the Delray
2
Beach Community Redevelopment Agency which shall also have nonexclusive
use of the gallery for occasional meetings.
c. Use of handicapped bathrooms. Sub-Lessee shall have non-
exclusive access to two handicapped bathrooms on the first floor.
d. Use of Parkinq Spaces. Sub-Lessee shall have the right to use
three parking spaces in the adjacent parking lot out of the nine spaces
referenced in the lease between Lessee and the City of Delray Beach. Sub-
Lessee agrees that its right to use the three parking spaces is nonexclusive and
that the City of Delray Beach shall also have the right to use the three spaces for
parking when not in use by Sub-Lessee and for special events.
e. Improvements. Sub-Lessee shall make no improvements to the
property without the prior written consent of the Lessee and the City of Delray
Beach.
5. Rent. Sub-Lessee shall pay to the City Three Hundred Dollars ($300.00)
per month for the use of the property, payable on the first day of the month, beginning
August 1, 2002. The City will send invoices to Sub-Lessee and the money paid by
Sub-Lessee to the City will offset the amount of rent, repair and replacement fees that
the Lessee owes the City each month.
6. Utilities. The Lessee shall pay all cl~arges for a security system, pest
control, power, water and sewer used in connection with the property. The Sub-Lessee
shall pay all charges for its own telephone service.
3
7. Taxes. The Lessee shall pay any ad valorem taxes imposed upon the
property and improvements located thereon during the term of this Sub-lease.
8. Maintenance. The Sub-Lessee shall at all times maintain the leased
property in a clean and orderly condition and shall return the property to Lessee at the
expiration of this Sub-lease in such condition, and in good repair, normal wear and tear
excepted. Repairs or replacement of structural components, which shall include, but
not be limited to, the roof, air-conditioning, plumbing systems and appliances located on
the entire property known as the Monterey House shall be the responsibility of Lessee.
Sub-Lessee agrees that repair or replacement of any such items is in the sole
discretion of Lessee and the City of Delray Beach.
9. Assi.qnment/Sublet. Sub-Lessee shall not assign, sublet, license or
otherwise convey any interest in all or any portion of the property subject to this Sub-
lease.
10. Insurance.
a. Public Liability Insurance. Sub-Lessee shall obtain a Public
Liability Policy for the leased property in an amount of two million dollars
($2,000,000) covering aggregate claims and in an amount of one million dollars
($1,000,000) for each occurrence. Furthermore,
policy covering Sub-Lessee's items of personal
Sub-Lessee shall obtain a
property located within the
leased premises in an amount of fifteen thousand dollars ($15,000).
4
b. Worker's Compensation Insurance. Sub-Lessee shall maintain
workers compensation coverage, if required by law, in an amount equal to the
statutory limits of employer's liability.
c. Additional Insured. The insurance policy obtained by Sub-Lessee
shall list the City of Delray Beach and the Lessee as additional insured.
d. Certificate of Insurance. Not later than 30 days after Sub-Lessee
is added to Lessee's Public Liability Policy, the parties shall cause a certificate of
insurance to be sent to the City reflecting the addition of Sub-Lessee to the
policy.
11. Destruction of Property. If the property that is the subject of this Sub-
lease should be destroyed in total or in part, the Lessee shall have the option, with the
consent of the City of Delray Beach, to continue the Sub-lease or to terminate the Sub-
lease by giving Sub-Lessor thirty (30) days written notice of such termination.
12. Default and Riqht of Reentry. In the event that the Sub-Lessee shall fail
to perform any act required of it under this Sub-lease or to otherwise comply with any
term or provision hereof and such failure shall continue for thirty (30) days or more after
written notice given to the Sub-Lessee by the Lessee, then the Lessee may terminate
this Sub-lease and the Sub-Lessee shall promptly surrender possession and vacate the
property, leaving the property in substantially the same condition as ~existed at the
commencement of this Sub-lease, and the Lessee may, immediately or any time
thereafter, enter into the property and repossess the same as of its former estate and
expel the Sub-Lessee, but without prejudice to any remedies which might otherwise be
5
used by the Lessee for arrears of rent or any other breach of the Sub-Lessee's
covenants or the waiver of any right of the Lessee.
13. Cancellation. The Lessee and the Sub-Lessee each hereby reserve the
right to terminate this Sub-lease at any time in the future (either during the initial term or
any renewal), upon sixty (60) days written notice to the other party at the address set
forth in this Sub-lease Agreement.
14. Amendment. No amendment or modification to this Sub-lease shall be
effected unless in writing and signed by both parties hereto.
15. Inspection by Lessee or the City. The Sub-Lessee shall permit the
Lessee and its agents or representatives, or the City of Delray Beach and its agents or
representatives, or both, to enter upon the Property at all reasonable times to examine
the condition thereof, and to make any repairs which those parties may see fit to make.
16. To yield up premises. At the expiration of the term of this Sub-lease, the
Sub-Lessee shall peaceably yield up to the Lessee the Premises and all buildings
thereof, in good repair in all respects, reasonable use and wear and damage by fire and
other unavoidable casualties excepted.
17. Quiet Eniovment. The Sub-Lessee shall peaceably hold and enjoy the
subleased property.
18. Equipment and Fixtures. All equipment, furniture, supplies and personal
property that are not fixtures installed in the Property by the Sub-Lessee shall at all
times remain the property of the Sub-Lessee which shall have the right to remove the
same from the Property at any time during the term hereof. All fixtures currently existing
6
and any fixtures later installed shall become the property of the City of Delray Beach
unless the City orders removal of same.
19. Rules and Requlations. Sub-Lessee acknowledges that Lessee is
bound by the rules and regulations of the Delray Beach Historic Homes Property
Owners Association and the Block 60 Parking Condominium Association, as may be
amended from time to time. Sub-Lessee shall cooperate with Lessee to ensure
compliance with the rules and regulations applicable to the subject property.
20. Indemnification. The Sub-Lessee covenants that it will save harmless,
indemnify and defend the Lessee, its officers, employees, and agents, along with the
City of Delray Beach, its officers, employees, and agents, from and against any and all
loss, liability or expense that is a result of the Sub-Lessee's acts, omissions or
negligence which may be incurred by reason of any claim or litigation arising out of or in
connection with Sub-Lessee's occupancy and use of the subject property, including,
but not limited to, any accident with the appliances and fixtures installed by Sub-
Lessee, or the gas, water or other pipes, or from any damage or neglect by the Sub-
Lessee arising from or in any way connected with the use, misuse or abuse of all
utilities, or from any neglect of the Sub-Lessee in not removing foreign objects from the
sidewalks, grounds, structure, or roof of the building.
21. Notice. Whenever notice is required hereunder, it shall be by certified
mail, return receipt requested, addressed as follows, or delivered by hand to the
location as follows until written notice of change of address is given to the other party:
7
Lessee: Florida Department of State
Division of Historical Resources
Southeast Florida Regional Preservation Office
P.O. Box 1221
20 North Swinton Avenue
Delray Beach, FL 33447-1221
Sub-Lessee: Delray Beach Historical Society
20 North Swinton Avenue
Delray Beach, FL 33444
22. Number; Gender. As the context herein may require, the singular shall
be deemed to include the plural, and the masculine form shall be deemed to include the
feminine and neuter.
23. To Bear Risk for Contents. That all building contents and interior
improvements of any kind (whether owned by the Lessee, Sub-Lessee or City of
Delray Beach) that may be on the subject property during the continuance of this Sub-
lease shall be at the sole risk of the Sub-Lessee, and that the Lessee or the City of
Delray Beach shall not be liable to the Sub-Lessee or any other person for any injury,
loss or damage to the property or to any person on the property.
24. Not to Injure or Deface. The Sub-Lessee covenants that it will not
injure, overload or deface, or allow to be injured, overloaded or defaced, the Property or
any part thereof.
25. Other Remedies. Mention in this Sub-lease of any particular remedy in
favor of the Lessee or the City of Delray Beach shall not preclude the Lessee or the
City of Delray Beach from any other remedy in law or in equity and shall be in addition
to any other remedies conferred upon it by law or in equity.
8
26. No Waiver. That no assent, expressed or implied, by the Lessee to any
breach of this Agreement shall be deemed to be a waiver of any succeeding breach of
the same or other covenants.
27. Severability. If any clause, phrase, provision or portion of this Agreement
or the application thereof to any person or circumstance shall be held by a court of
competent jurisdiction to be invalid or unenforceable under the laws of the State of
Florida, or any other pertinent jurisdiction, such event shall not affect, impair or render
invalid or unenforceable the application of the remainder of this Agreement or any other
clause, phrase, provision or portion hereof to any person or entity in any circumstances.
28. Entire Aqreement. This Agreement constitutes the complete
understanding and agreement between the parties and supersedes any and all prior
oral or written agreements and understandings.
IN WITNESS THEREOF, the Lessee and Sub-Lessee have set their hands and
seals the day and year first above written.
Lessee:
FLORIDA DEPARTMENT OF STATE,
DIVISION OF HISTORICAL RESOURCES
I,~net Sn~der,~/latthews, Ph.D., Director
(SEAL)
9
STATE OF FLORIDA
COUNTY OF ~
The foregoing instrument was acknowledged before me this ~ ~'~ day of
,.~/~,.llJ-' , .,. 2002 by ~r. ~'eu~¢.,~ ~'~t ~'~,,~.g,~ , of
J"J')~ O¥~t~-,~, ~, ~is,~,~.~. ~.So~ a Florida State agency, on behalf of the
agency. 't~l~/She is personally knowj~ to me/or has produced
(as identification).
~O~DEDI~F4NIN~ IN¢
Sig~at-ure or N°tary'Public
Sub-Lessee:
DELRAY BEACH HISTORICAL SOCIETY
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
., 2002 by
, a Florida state agency,
agency. He/She is personally known to me/or has produced
on
day of
., of
behalf of the
(as identification).
Signature of Notary Public
10
SECOND RESTATED LEASE OF THE
PROPERTY KNOWN AS THE MONTEREY HOUSE
THIS RESTATED LEASE is between the CITY OF DELRAY BEACH (the City or
Lessor) and FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL
RESOURCES (FDHR or Lessee) is entered into this day of ,2002.
WITNESSETH:
WHEREAS, the Restated Lease dated August 11, 1999 between the City and
the entity known as is the Florida Department of State Division of Historical Resources
is required to be modified to reflect the change in the rent, repair and replacement fees;
and
WHEREAS, for ease of future reference, the Lease has again been restated as
provided for herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties agree as follows:
1. Demise and Description. Lessor hereby leases to Lessee, and Lessee
hereby leases from Lessor, that certain property, hereinafter referred to as the
"premises," situate in Delray Beach, Palm Beach County, Florida, described as follows:
(Attached hereto as Exhibit "A")
together with the following described furniture, fixtures, equipment, and other property
located in and about the premises, if any: all air conditioning equipment, water heaters,
well pumps, and another other mechanical fixtures located on the demised premises;
and together with the non exclusive right of and to all easements, rights, privileges and
appurtenances thereunto belonging or in any way appertaining or in any matter
connected therewith and relating to the use of the premises included, but not limited to
nine (9) parking spaces as shown in property association and condominium documents.
2. Commencement and Term. The term of this Lease shall be for a period
of twenty (20) years commencing September 13, 1995 (said date being sometimes
hereinafter referred to as the "commencement date" and said month and day being
sometimes hereinafter referred to as the Lease "anniversary date"), unless sooner
terminated pursuant to the terms herein. Upon the expiration of the initial term, this
Lease may be renewed upon the express written agreement of the Lessor and Lessee
for successive periods of five (5) years.
3. Use of Premises. It is represented by Lessee that the demised premises
will be used for the following purpose(s): office, meetings, and other public events which
carry out the Lessee's business. Lessee shall be limited to this use in the absence of
Lessor's prior written consent to another use, which may be arbitrarily withheld.
The Lessee understands and agrees that its right to use the second floor room
is non-exclusive and that the Delray Beach Community Redevelopment Agency (CRA)
shall also have the nonexclusive right to use the second floor room for the Lessor of
ten (10) years, or the time during which the CRA shall own or occupy the bungalow,
located at 24 North Swinton Avenue, adjacent to the subject property.
The Lessee understands and agrees that its right to use the nine parking spaces
referred to in Paragraph 1 is non-exclusive and that the City shall also have the right to
use the nine spaces for parking when not in use by Lessee and for special events.
4. Rent~ Repair and Replacement.
The fixed annual minimum rent payable by Tenant during the time of the Lease
shall be One dollar ($1.00). Lessee shall also pay a monthly fee in the amount of One
Hundred Fifty-Five Dollars ($155.00) to Lessor payable on the first day of each month
to cover the estimated cost of repair and replacement of structural components which
shall include, but not be limited to, the roof, air-conditioning, plumbing systems and
appliances located on the described property. This fee shall be adjusted from time to
time in order to create a fund sufficient to cover repair and replacement expenses.
Furthermore, the City shall provide monthly invoices to the Delray Beach
Historical Society (Sub-Lessee) and the money paid by Sub-Lessee shall offset the
amount of rent, repair and replacement and the fees referenced in Paragraph 11 that
the Lessee owes the City every month.
5. Utilities. The Lessee shall pay all charges for telephone, power, water,
sewer, gas and any other utilities used in connection with the Property.
6. Taxes. The Lessee shall pay any ad valorem taxes imposed upon the
Property and improvements located thereon during the term of this Lease. The Lessee
shall pay any taxes for personal property or improvements owned by the Lessee.
7. Insurance. The Lessee shall pay all premiums and shall maintain and
provide insurance for the entire lease term and renewals thereto, in such amounts and
under such terms as may be required by Lessor. The Lessor shall review and modify
the terms and requirements of such insurance, if necessary, on a yearly basis. The
minimum insurance amounts and terms shall be pursuant to the following requirements:
A. Public Liability Insurance: Lessee shall maintain public liability
insurance in coverage limits of no less than one million dollars ($1,000,000.00)
combined single limit for bodily injury and property damage liability.
B. Workers Compensation Insurance: The Lessee shall maintain
workers compensation coverage in an amount equal to the statutory limits of
employer's liability.
C. Professional Liability Insurance: Lessee shall require all design
professionals engaged in restoration and/or renovation of the property to have
professional liability insurance in an amount acceptable to the Lessor's Risk
Manager.
D. Additional Insured: The Lessor shall be named as an additional
insured on the policy required in Paragraph A.
E. Insurance Certificates: The Lessee shall submit insurance
certificates evidencing insurance of the type and the amounts above stated or
otherwise agreed to be the parties.
F. Written Notice of Cancellation: The Lessee shall provide
certificates of insurance which shall give the Lessor thirty (30) days written
notice of cancellation.
8. Alterations and Improvements. The Lessee shall be entitled to make
such alterations, changes and improvements to the Property as the Lessee in its
discretion deems desirable to carry out its plan for the restoration and development of
the Property, and which are consistent with architectural plans and designs as
4
approved by the Lessor (in order to keep the interior and exterior of the property in
keeping with its historical purposes) and with the laws and ordinances of the State of
Florida and the City of Delray Beach.
9. Assignment and Subleasinq - Recordinq.
(a) The Lessee may not assign or sublease all or any portion of the
Property, to any person, firm, corporation, or other entity, without the prior written
approval of the Lessor, which approval shall be in the sole discretion of the Lessor. If
approved by the Lessor, the sub-lease or assignment shall be in writing and expressly
be subject to all the terms and conditions of this Agreement and shall conform to all
applicable laws, grant requirements and limitations, ordinances and regulations and
association, property association documents, rules, regulations and
condominium
bylaws.
(b)
Subparagraph (a) shall not apply to special events or special
property uses contemplated in the management agreement or budget, or brief uses of
the Property by the public.
(c) The Lessee shall not assign any of its rights or obligations under
this Lease without the prior written consent of the Lessor.
(d) This Lease shall not be recorded.
10. Maintenance. The Lessee shall maintain the leased premises, including
but not limited to the heating and air-conditioning equipment and excluding the exterior
walls, parking lot, exterior landscaping and irrigation, roof and other structural members
of the building in such or better condition as the same were at the commencement of
this lease term or at the renewal thereof, reasonable wear and tear and damage by fire
or other unavoidable casualty excepted. It is explicitly agreed that the duty of the
Lessee shall include furnishing all necessary janitorial and cleaning services, pest
control service, care and maintenance of the structures located on the Property and any
interior renovation or redecoration not involving major structural changes.
11. Rules and Requlations. Lessee agrees to comply with the maintenance
responsibilities and rules and regulations and pay all fees as contained in the
association documents, which is estimated to be approximately $270.71 per month at
the current time, and as may be amended from time to time.
12. Equipment and Fixtures. All equipment, furniture, supplies and personal
property that are not fixtures installed in the Property by the Lessee shall at all times
remain the property of the Lessee which shall have the right to remove the same from
the Property at any time during the term hereof.
13. Fire or Other Unavoidable CasualS. In case the premises or any part
thereof shall at any time during the term of this Lease be destroyed or damaged by fire,
act of God or other causes beyond the control of the Lessor, and through no fault or
neglect on the part of the Lessor, then the Lessor shall be under no obligation to repair
or re-erect the leased structure, provided; however, the Lessor shall refund to the
Lessee monies that may be in the repair and replacement fund as set forth in
Paragraph 4 which exceeds the City's cost of purchasing the property adjusted for
inflation. If the condition of the leased premises should be so rendered unsuitable by
the foregoing causes, either party to this Lease Agreement shall have the option to
cancel this Lease.
Quiet Enioyment. The Lessee shall peaceably hold and enjoy the leased
14.
premises.
15.
Default and Riqht of Reentry. In the event that the Lessee shall fail to
perform any act required of it under this Lease or to otherwise comply with any term or
provision hereof and such failure shall continue for thirty (30) days or more after written
notice given to the Lessee by the Lessor, then the Lessor may terminate this Lease
Agreement and the Lessee shall promptly surrender possession and vacate the
premises, and the Lessor may, immediately or at any time thereafter, enter into the
premises and repossess the same as of its former estate and expel the Lessee, but
without prejudice to any remedies which might otherwise be used by the Lessor for
arrears of rent or any other breach of the Lessee's covenants or the waiver of any
rights of the Lessor.
16. Cancellation. The Lessor and the Lessee each hereby reserve the right
to terminate this Lease at any time in the future (either during the initial term or any
renewal), upon sixty (60) days written notice to the other party at the address set forth
in this Lease Agreement; provided, however, that in the event of termination by the
Lessor, prior to the initial term of the Lease, the Lessor agrees that it shall make
reimbursements to the Lessee for any costs for capital expenditure additions to the
structure, (less grant funds, bond funds or City funds previously transferred to Lessee),
subject to available funding, (but not for regular maintenance or care items) except if
such termination be for breach of this Lease Agreement or violation of or failure to
comply with any of the covenants set forth herein.
17. Amendment. No amendment or modification to this Lease shall be
effected unless in writing and signed by both of the parties hereto.
18. Inspection by Lessor. The Lessee shall permit the Lessor and its
agents or representatives to enter upon the Property at all reasonable times to examine
the condition thereof, and to make any repairs which it may see fit to make.
19. To Yield Up Premises. At the expiration of the term of this Lease, the
Lessee will peaceably yield up to the Lessor the Premises and all buildings thereof, in
good repair in all respects, reasonable use and wear and damage by fire and other
unavoidable casualties excepted.
20. Indemnification. Lessee shall be responsible for any claims of
negligence to the extent that such claims arise from the Lessee's activities in
connection with the Monterey House and are covered under the Department's liability
coverage pursuant to section 768.28, Florida Statutes. Lessee shall cooperate to the
fullest extent possible with the Lessor and the Florida Division of Risk Management to
facilitate the speedy resolution of any such claims made pursuant to section 768.28(6),
Florida Statutes.
21. Notice.
mail, return receipt
Whenever notice is required hereunder, it shall be by certified
requested, addressed as follows, or delivered by hand to the
location as follows until written notice of change of address is given to the other party:
Lessor:
Lessee:
City Manager's Office
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Florida Department of State
Division of Historical Resources
Southeast Florida Regional Reservation Office
P.O. Box 1221
20 North Swinton Avenue
Delray Beach, FI 33447-1221
22. Number; Gender. As the context herein may require, the singular shall
be deemed to include the plural, and the masculine form shall be deemed to include the
feminine and neuter.
23. To Bear Risk for Contents. That all building contents and interior
improvements of any kind (whether owned by the Lessor or Lessee) that may be on
the premises during the continuance of this Lease shall be at the sole risk of the
Lessee, and that the Lessor shall not be liable to the Lessee or any other person for
any injury, loss or damage to the property or to any person on the premises.
24. Not to Injure or Deface. The Lessee covenants that it will not injure,
overload or deface, or allow to be injured, overloaded or defaced, the Property or any
part thereof.
25. Other Remedies. Mention in this lease of any particular remedy in favor
of the Lessor shall not preclude the Lessor from any other remedy in law or in equity
and shall be in addition to any other remedies conferred upon it by law or in equity.
26. No Waiver. That no assent, expressed or implied, by the Lessor to any
breach of this Agreement shall be deemed to be a waiver of any succeeding breach of
the same or other covenants.
27. Severabilit¥. If any clause, phrase, provision or portion of this Agreement
or the application thereof to any person or circumstance shall be held by a court of
competent jurisdiction to be invalid or unenforceable under the laws of the State of
Florida, or any other pertinent jurisdiction, such event shall not affect, impair or render
invalid or unenforceable the application of the remainder of this Agreement or any other
clause, phrase, provision or portion hereof to any person or entity in any circumstances.
28. Entire Aqreement. This Agreement constitutes the complete
understanding and agreement between the parties and supersedes any and all prior
oral or written agreements and understandings.
IN WITNESS THEREOF, the Lessor and Lessees have set their hands and
seals the day and year first above written.
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:.
David W. Schmidt, Mayor
City Attorney
FLORIDA DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
~//Oanet Snyd~r Matthews, Ph.D
(SEAL)
]0
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
~-CZ~~ , 2002, by ~,.~,~Jp~, _,~/~.~ o~'J~.~-j (name of
officer or agent, title of o~cer or agent) of ~'0~,~ ~ ~~~ ~~~ ,
a Florida state agency, on behalf of the agency. ~/She is personally kn0wQ to me or
has produced as identification.
~eph~ A. ~
MY C"OMII~SSION,P CC"9~74
Moy 21, 2004
BONOC*D IHIm 110Y FAIN ImO~kNC~ iNC
Signature of N"otary Public-State of
Florida
1!
CITY OF DELRFIY BEFli:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line 561/243-7091
DATE:
August 29, 2002
MEMORANDUM
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Hold Harmless A.qreement with Sundy Estates L.C.
Sundy Estates wishes to install a conduit in the City's right of way, as shown on
Exhibit "A", attached to the agreement. This conduit shall be used to hold cables
that connect the computer systems of various buildings together.
The Hold Harmless Agreement provides that Sundy Estates shall defend,
indemnify and hold harmless the City for any claim filed against the City and for
any damage that may occur to City right-of-way or to the conduit that is placed in
the public right-of-way.
By copy of this memo to David Harden, our office requests that item be placed on
the September 3, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
THIS HOLD
municipal corporation (hereinafter
(hereinafter referred to as "Sundy").
HOLD HARMLESS AGREEMENT FOR STRUCTURES
WITHIN THE PUBLIC RIGHT-OF-WAY
HARMLESS AGREEMENT, is entered into this day of
, 200_ by and between the CITY OF DELRAY BEACH, a Florida
referred to as "City") and SUNDY ESTATES, L.C.,
WITNESSETH:
WHEREAS, Sundy has requested permission to install an underground conduit in the
public right-of-way as shown by Exhibit "A"; and,
WHEREAS, City maintains a road and utilities within the public right-of-way; and,
WHEREAS, Sundy agrees to defend, indemnify and hold hm'mless the City for any
claim brought against the City as a result of the installation of the conduit or any damage to the
conduit as a result of maintenance of the road or utilities within the public right-of-way; and,
WHEREAS, Sundy agrees to remove the conduit within twenty (20) days of receiving
notice from the City requesting such removal.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. The City maintains roadway improvements and utilities within the public fight-of-
way shown on Exhibit "A".
3. Sundy shall be allowed to construct the conduit, if it complies with the Code of
Ordinances for the City, in the location as shown by the line delineating the conduit on Exhibit
"A". However, in no event shall any portion of the conduit be constructed any closer than five
(5) feet in proximity to the City's utilities located in the public right-of-way.
4. Sundy, its successors, heirs, and assigns agree to defend, hold harmless and
indemnify the City, its officers, employees and agents from any claim that is brought against the
City, its officers, employees or agents as a result of the installation of the conduit.
5. Sundy, its successors, heirs, and assigns, in consideration of the mutual promises
contained herein and other good and valuable consideration, agree to hold harmless the City, its
agents, officers, employees and servants from any damage to the conduit and other related
improvements which will be placed within the public right-of-way. It is understood that any cost
for replacement of the conduit and/or other related improvements shall be Sundy's, its
successors', heirs' and assigns' responsibility and City shall not be held liable for any damage to
the conduit for any work that is performed within the public right-of-way.
6. The conduit shall be installed 40 inches below the surface of the ground and shall
not interfere with the normal use of the public right-of-way. If the public right-of-way or any
utilities within the public right-of-way is/are disturbed due to the installation of the conduit,
Sundy shall immediately repair such right-of-way or utility. If Sundy determines that it must
construct an open trench in order to install the conduit, the roadway of the public right-of-way
shall never be completely closed to traffic and such construction must be performed within a 3
day period. All repairs shall be in accordance with City construction standards and
specifications.
7. Sundy shall remove the conduit from the public right-of-way within twenty (20)
days of receiving notice from the City requesting removal. The City may request removal of the
conduit for any reason and in its sole discretion.
8. Sundy, its successors, heirs, and assigns, in consideration of the mutual promises
contained herein and other good and valuable consideration, further agree to hold harmless,
defend, or reimburse the City, for any damage that is caused to the City's utilities or public right-
of-way as a result of the construction, maintenance or existence of the conduit located in the
public right-of-way.
9. Sundy's placement of the conduit in the public right-of-way shall not in any way
be construed as a constructive abandonment by the City.
11. This agreement shall not be valid unless signed by the City's Mayor and City
Clerk.
12. This agreement constitutes the entire agreement between the City and Sundy and
may not be altered, amended, or modified except by an instrument in writing signed by the
parties to the agreement with all the same formalities as this agreement.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attomey
WITNESSES:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
(Print or type name)
STATE OF
CO T¥ OV
The foregoing instrument was acknowledged before me this 2.3 day of
~ ,2002, by ~al[,v_.M-6~. bxttq'~ ah{-' , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a P~oe4~t* - (~tate or place of incorporation)
corporation, on behalf of the corporation. H.._e/She is personally known to me or has produced
(type ofidenti~~f~ ~ttion. /
(Sign}~u'-e ofPffr~ .n Ta~ing Acknowledgment
Name Typed, Printed or Stamped
4
Line-Tec, Inc,
t2~0 SE {st Street.
Boynton Beach. Fl 33435
Of~.c~ 561-374-9494
F~ 561-737-3827
Date: J~y 23, 2~2
S Swinton Ave
'-~ ~ SUNDAVHOUSE
....................... +.=..:.:.~...~...
t {
EXHIBIT
A
CITY OF DELRrlY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
993 DATE:
August 29, 2002
MEMORANDUM
Writer's Direct Line' 561/243-7091
TO:
FROM:
City CommisS[~.n., ~
Brian Shutt, Assistant City Attorney
SUBJECT: Hold Harmless Agreement with Fidelity Federal Bank
Fidelity Federal Bank & Trust wishes to install/construct a brick paver sidewalk in
the State and City right of way along S.E. 5th Avenue and S.E. Ist Street adjacent
to the new Fidelity Federal bank building at this corner. The brick paver sidewalk
shall replace the existing concrete sidewalk in this area.
The Hold Harmless Agreement provides that Fidelity Federal shall defend,
indemnify and hold harmless the City and the State for any claim filed against the
City or the State as a result of the construction of the brick paver sidewalk. Fidelity
Federal must also construct the brick paver sidewalk in accordance with City
standards and provide for a one year warranty period.
By copy of this memo to David Harden, our office requests that item be placed on
the September 3, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE PUBLIC RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT, is entered into this day of
, 200_ by and between the CITY OF DELRAY BEACH, FLORIDA,
(hereinafter referred to as "CITY") and FIDELITY FEDERAL BANK & TRUST (hereinafter
referred to as "DEVELOPER").
WITNESSETH:
WHEREAS, DEVELOPER wishes to install/construct brick paver sidewalks in the
right-of-way of the State of Florida and the CITY; and
WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to
allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold harmless the State for the work
performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
defend the CITY and the State for the work performed in the public right-of-way by the
DEVELOPER, its contractor or agent.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. DEVELOPER wishes to construct a brick paver sidewalk in place of the existing
concrete sidewalk along the boundary of the proposed project and adjacent to S.E. 5th Avenue
and S.E. 1st Street and as shown by the shaded area on Exhibit "A".
3. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt
of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and
the State, their agents, officers, employees and servants from any and all claims, suits, causes of
action or any claim whatsoever made, and damages, including, but not limited to reasonable
attorney's fees and costs at the trial and appellate levels, which may result from any activity
conducted by DEVELOPER, its contractors or agents in relation to the work performed in the
State right-of-way and as more particularly shown on the engineering plans submitted for the
development known as Fidelity Federal Bank.
4. DEVELOPER warrants and guarantees to the CITY that all work on the brick
paver sidewalk shall be constructed in accordance with the applicable codes of the City of Delray
Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in
effect for one year from the date of final acceptance. Unremedied defects identified for
correction during the warranty/guarantee period but remaining after its expiration shall be
considered as part of the obligations of the guarantee and warranty. Defects in the installation or
construction of the brick paver sidewalk, which are remedied as a result of obligations of the
warranty/guarantee shall subject the remedied portion of the work to an extended
warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall
deliver this agreement to its Surety. The Surety shall be bound with and ~br the DEVELOPER
in the DEVELOPER'S faithful observance of the guarantee.
5. DEVELOPER, shall supervise and direct the installation and construction of the
brick paver sidewalk, applying such skills and expertise as may be necessary to perform the work
in accordance with the approved engineering plans. DEVELOPER shall be solely responsible
2
for the means, methods,"techniques, sequences and procedures of the construction and
installation of the brick paver sidewalk.
6. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
7. This Agreement constitutes the entire agreement and understanding of the parties,
as it pertains to the construction or installation of the brick paver sidewalk. 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.
8. DEVELOPER or its contractor shall maintain worker's compensation insurance
in an amount required by law and general liability insurance in the amount of one million dollars
($1,000,000.00) goveming bodily injury and property damage in standard form, insuring CITY
and the State as additional named insureds. DEVELOPER or its contractor shall provide this
information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to
commencing installation or construction.
9. DEVELOPER shall be bound by all the terms and conditions found in the Utility
Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit
10.
Clerk.
This agreement shall not be valid unless signed by the City's Mayor and City
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
City Clerk
Approved as to Form:
By:.
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
David Schtnidt, Mayor
WITNESSES
(Print or Type Name)
(Print or Type Name)
(Print or Type Name)
Phone: I' q'qq !
STATE OF FLORIDA
COUNTY OF PALM BEACH
,, Jl~d
~ The, foregoing instmmont was_alckn9wledged before me tiffs ~'~ ay of
{J.lA iI 1~ ,200~y ~LO .~ [~L~ ~ (n~e of officer or agent, title of
~~ dgent) of ~l 1~.~ ~d ~ ~[ ~ (fC4~ (name of co~oration
ac~owledging), a ~d~[~l~(i ~~~oration)co.oration, on behalf
of the co~oration, fie/She i~ersonally ~~to me or has produced
(t~e ~ identification m~d did (did not) t~e
'J I Sidearm of Not~y Public-
State of Florida
~.02
;HADF-.D AREA
pAx/F--P-, BRICK
IS pRDpDSF-.-'D /
S]]~F__.',,,/AL-K'
================================= ::. ':~'-.~:::.~
- -- ~RoPO BF__LR A
o~lt6tO?' FR~ tt'17 [TX/itX ~0 57'6Z1'
FLORIDA DEPA~~ OF TRANSPORTATION
DISTRICT FO~IR
GENERAL~SE PE/~MITAPPLICATION
DATE 0P DgPARTMK~T UCIXPT:
; ~'.=m ¢oe~lecad&
~~; hoc In & city-
0-4 ~ ~v~i~r, l~v% (c'eplmcem D-4 (W1 tS))
F~J~ib ic B
p~Lc p~pe~cy co 4 ~ndLc~on u ~ m~ o~ booer C~ ~o~ p.~C ~ck be~&n. Tha app~C
O~ccmenc.
14. AC ~h~ c~C~an o~ the ~c~ccL~. ~d p~a~ co Oep~cC~nc acceptance o~
the en~inaer o~ r~cord ~bi~L cerCL~ vLCh Or~g~a~ I~C~e C~C the ~ and
(c) ~z ~n &cco~d vLCb &~ ~L~b~e ~oCil, co~cy. SCmCe, ~d ~aC~i~ o~Lnancea, Cu~el,
C~el, and ~lwI.
~&c fmc~c7 and m~C~m~&cca~ ~eC~on at Chi ~.~CC.~ rock. Tha ~epl~c~nc Ih&~ hoc
~dXcmCed ~n & notarize4 ~eCCt~ ~ ~ ~Lc~C d~ce4 The ~ectec ~m made
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM # 1~ -REGULAR MEETING OF SEPTEMBER 3. 2002
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REOUEST
AUGUST 30, 2002
This is before the Commission for approval of one (1) subsidy award to an eligible applicant/family
under the Delray Beach Renaissance Program for the following property:
· $18,950.00 for 729 S.E. 2~Avenue
This is for acquisition rehabilitation. This subsidy brings the total to 148-homeowner assistance
grants provided under the City Renaissance Program.
Funding for the total amount of $18,950.00 for this subsidy award is available from 118-1924-554-
83.01 (SHIP Program).
Recommend approval of the funding subsidy under Dekay Beach Renaissance Program as outlined
above.
S:\C~ty Clerk\chevelle folder\agenda memos\Renaissance Prograrr~09.03.02
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David T. Harden, City Manager
Debra Garcia, C. D. Specialist ~ ~
Lula Butler, Community Improvement Direc~
August 28, 2002
Delray Beach Renaissance Program Subsidy Requests
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to an eligible applicant
under the Delray Beach Renaissance Program. This subsidy brings the total to 148
homeownership assistance grants provided under the city Renaissance Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved
by the City Commission on January 23, 1996. In partnership with the Delray Beach
Community Development Corporation, the TED Center, the Community Redevelopment
Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta
and the Delray Beach Housing Authority, we committed to providing homeownership
opportunities to 80 homebuyers through new construction and acquisition rehab
beginning October 1, 1995 through September 30, 1998. The initial agreement was
extended for a term of one year in 1999 and 2000 by all partners and the City
Commission. A new Memorandum of Understanding beginning October 1, 2001 through
September 30, 2004 was approved by all parties and the City Commission on February
19, 2002.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first
mortgage lender. The seminar includes training and information on financial planning,
credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a
comprehensive glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City
Attorney and requires the applicant to maintain ownership/residence for a specified
period according to the amount of the Grant. Grant amounts less than $15,000 per unit are
forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal
to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per
year for ten (10) years.
RECOMMENDATION
Staff is recommending City Commission approval to fund a subsidy for the eligible
applicant of the following property:
Acquisition Rehabilitation 729 SE 2nd Avenue $18,950
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO
CENSUS TRACT 65.02
NAME Ariella Jonas
PROPERTY ADDRESS
LEGAL DESCRIPTION
729 SE 2nd Avenue, Delray Beach (12-43-46-21-01-008-0290)
% OF AREA MEDIAN HOUSEHOLD INCOME 60%
FIRST MORTGAGE
RATE 6.785%
LTV 95.00%
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION $ N/A
COST OF LOT $ N/A
COST OF Existing Unit $ 83,195.00
COST OF DEVELOPER'S FEE $ 3,500.00
Estimated Pre-paids (Lender 1003) $ N/A
Estimated Closing Costs (Lender 1003) $ 3,591.00
TOTAL TRANSACTION: $ 90~286.00
FIRST MORTGAGE $ 62,000.00
TOTAL SUBSIDY $ 18,950.00
Second Mortgage $ 15,450.00
Developer's Fee $ 3,500.00
THIRD MORTGAGE $ N/A
OTHER CREDITS $ 3,862.00
Estimated Cash To/From Borrower (Lender 1003) $ 5,474.00
NO.
IN HOUSEHOLD
(including cost of rehabilitation)
PVC Financial Group, Inc
Clty of Delray Beach (SHIP)
5% girl of equity
CITY OF DELRA Y BEACh
PUBLIC WORKS
COMPLEX
S.W. 6TH ST
S.W 7TH ST.
S W. 8TH ST
S,W 8TH COURT
S.W. 9TH ST.
CURRIE
COMMONS
S.E
,' I
9TH
BARRTON
APT
CONDOS
CHURCHILl
CONDO
10TH
~ DELRAY I ST''
LACE
I QUARTERS I I / /,~^<~T"~
co os1 ////%
N
CITY OF DELRAY BEACH, FL
PLANNING &: ZONING DEPARI'MENT
-- DIGITAL ~ASE' MAP SYSTEM --
729 SE 2ND AVENUE
PCN#: 12-43-46-21-01-008-0290
MAP REF DGOO1
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM # ~3 L.. -REGULAR MEETING OF SEPTEMBER 3. 2002
GRANT AWARD FOR HOUSING REHABILITATION CONTRACT
AUGUST 30, 2002
This is before the Commission to consider approval of the following housing rehabilitation contract:
· $19,950.00 to Preston Construction, Inc. for 302 Washington Avenue
Funding for the total amount of $19,950.00 for this grant is available from 118-1963-554-49.19
(SHIP Housing Rehabilitation).
Recommend approval of the housing rehabilitation grant award contract as outlined above.
$:\City Clerk\chevelle folder\agenda memos\CDBG Housing Rehab Award.09.03.02
City of Delray Beach Community Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, Ci~_M_~~_
Lula Butler, Directoi'-ot~%n~ity Improvement
Kenclra W. Graham, C.D. Administrator ~J03 u~r''
August 29, 2002
Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE CITY COMMISSION
Approval is requested for one (1) Housing Rehabilitation grant award to the lowest responsive
bidder. This request is in accordance with the City's Community Development Division's
approved Policies and Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation, as determined by the low
responsive bidder, plus a 5% contingency. The contingency may be used for change orders and
all unused funds will remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building Inspection
and Community Development Division. Contracts are executed between the building contractor
and the property owner. The City remains the agent and this office monitors all work performed
by the contractor, ensuring comphance according to specfficatlons and program guidelines. Pay
request forms require both contractor and homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the
roof, electric and plumbing systems and correcting other incipient code violations. Detailed
work write-ups and individual case files are available for review in the Community Development
Division Office.
The Community Development Division is responsible for ensuring that the housing rehabilitation
contracts are awarded to the lowest responsible bidder, as a result of a formal bid process.
Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it
relates to the Division's professional In-house estimate. This serves to disqualify unreasonably
low bids and therefore protect against the resulting change order requests. This policy further
assists the Division with its goal of completing each rehabilitation activity utilizing the estimated
amount of funding required.
RECOMMENDATION
Staff recommends awarding the bid for one (1) Housing Rehabilitation project to the verified
responsible low bidder and authorize award in the following amount:
Case Number Address Contractor Grant Amount
00-027 HR 302 Washington Ave. Preston Construction, Inc. $19,950.00
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION ti: 2002-38 CDBG HR
APPLICANT: Nancy Johnson
PROJECT ADDRESS: 302 Washington Avenue
DATE OF BID LETTERS: July 9~ 2002
DATE OF BID OPENING: July 25~ 2002
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
HENRY HAYWOOD
KONRADY CONSTRUCTION CO., INC.
HENRY HAYWOOD
HORIZON ROOFING
PRESTON CONSTRUCTION
SOUTH FLORIDA CONSTRUCTION
WRIGHT'S WAY ROOFING
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
Tommy Preston
AMOUNT OF BIDS
$ 27~075.00
$
$ 24,815.00
$
$ 19~000.00
$ 26,295.00
$ . 21~304.00
BID/CONTRACT AMOUNT: 19~000.00 bid/contract amount + 5% Contingency -- 19~950.00
FUNDING SOURCE: CDBG Rehabilitation Program Account No. 118-1963-554-49.19
COMMENTS:
TO:
THRU:
FROM:
DA.~~A~Y MANAGER
PA.~~R~TOR OF PLANNING&ZONING
SCOTT ARONSON, BARKING MANAGEMENT SPECIALIST
SUBJECT:
MEETING OF SEPTEMBER 3, 2002 - REGULAR AGENDA
RATIFICATION OF THE NAMES OF TWO (2) PARKING LOTS AS
RECOMMENDED BY THE WEST ATLANTIC REDEVELOPMENT
COALITION
Two Parking Lots in the West Atlantic Avenue Corridor were inadvertently omitted
during the naming of the parking lots last year. The two (2) parking lots are being
named and included in the Delray Beach Downtown Business District Map & Parking
Guide published by the Downtown Development Authority.
The recommended name for the first lot, located on SW 4th Avenue south of Atlantic
Avenue across from the Police Station is "Frog Alley Lot". The historic significance of
this name is that during the rainy season, many years ago, as the area flooded frogs
overtook the area. It is said that the croaking frogs could be heard throughout the
area for the remainder of the rainy season.
The recommended name for the second lot, located on NW 5th Avenue between NW
1st and NW 2nd Streets is "The Sands Lot". The soil composition of the area lends to
the historic significance of this name.
The Parking Management Advisory Board at their meeting of August 27, 2002
unanimously recommended approval of the two (2) lot names.
By motion, ratify the two (2) parking lots to be named "Frog Alley Lot" and "The
Sands Lot".
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~'J~/'~//i-~\Lx,u - RE~;ULAR MEETIN~ OF SEPTEMBER. 200:~
CITY
MANAGER
AGENDA ITEM # .-
ADDENDUM NO. 1/ROOTS CULTURAL FESTIVAL. INC.
DATE:
AUGUST 30, 2002
This is before the Commission to approve Addendum No. I to the Roots Cultural Festival, Inc.
agreement (subject to approval by Weed & Seed) to provide for a change in the expenditure of
awarded funds totaling $15,000.00. Previously, the funds were to be used to purchase instruments for
the community band. The revised expenditures were used for the Roosts Cultural Festival and are
listed below:
Sound System
Protective Fencing
Awards for youth programs
Old School Square Rental
Golf Instructor
Community Awards
$4,000
$3,5oo
$3,000
$3,0oo
$1,000
$5OO
Recommend approval of Addendum No. 1 to the Roots Cultural Festival, Inc. agreement.
&\City Cle~\chevelle fokler\ngenda memo~\Addendum No. 1.Roots.09.03.02
[ITY OF DELRFI¥ BEFI[H
CITY ATTORNEY'S OFFICE
1993
POLICE LEGAL ADVISOR
300 \V ATLANTIC AVENUF - DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/2q3-7823 · FACSIMILE 561/243-7815
POLICE LEGAL ADVISOR
MEMORANDUM
To:
From:
Date:
Re:
Chevelle Hall, Executive Assistant
Catherine M. Kozol,r~~'"~
Police Legal Advise
August 29, 2002
Addendum - Roots Cultural Festival
RECEIVED
~tl6 3 0 Z002
CITY CLERK
Attached please find an original Addendum to the Roots Cultural
Agreement. If this meets with Mr. Harden's approval, would you please have him
sign this Addendum and place it on the consent agenda.
If you have any questions, please do not hesitate to call me.
lath
Encs.
ADDENDUM NO.1
TO THE AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
ROOTS CULTURAL FESTIVAL, INC.
THIS AMENDMENT NO.1 to the original Agreement is made this day of
20~, by and between the CITY OF DELRAY BEACH("CITY") and the ROOTS CULTURAL
FESTIVAL, INC ("ROOTS").
WITNESSETH
WItEREAS, the parties have entered into an Agreement retroactively effective October 1, 2002
Through September 30, 2002, $15,000 in the Department of Justice, Executive Office for Weed &
Seed (DOJ/EOWS) funds.
WHEREAS, the City desires to amend the original Agreement as set forth in this Addendum No.1
to Provide for a change in the expenditure of awarded funds from purchasing music instruments
for the community band to providing funding as outlined below for the 25th Annual Root Cultural
Festival.
1. $ 3,000 - Awards for youth programs
2. $ 4,000 - Sound System
3. $ 3,000 - Rental Old School Square
4. $ 3,500 - Protective Fencing
5. $1,000 - Golf Instructor
6. $ 500 - Community awards
NOW, THERFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree:
IN WITNESS WHEREOF, the parties hereto have cause this Agreement to be duly executed
This day of ,2002.
WITNESSES:
Agency/sub-recipient:
Signed by:
Attest
CITY OF DELRAY BEACH FLORIDA
Signed by:
David W. Schmidt, Mayor
City Clerk
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
ROOTS CULTURAL FESTIVAL, INC.
FY2001-2002 (October 1, 2001 - S~tember $0, 2002)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement")
entered into this c-~O6'/~ day oO~eeo,,be~'- ,2001, between the City of Delray
Beach, hereinafter referred to as "City" and Roots Cultural Festival, Inc., hereinafter referred to as
"Agency", having its principal office located at, 400 West Atlantic Avenue, Suite 2B, Delray Beach,
Florida, is related to the provision, as per the budget approval by the City Commission on
Sep_ tember 19. 2001 and retroactively effective October 1, 2001 through Sep_ tember 30. 2002, of
$15,000 in Department of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon
the following terms and conditions:
The awarded EOWS funds are allocated as follows:
a. $15,000 to purchase music instruments for the Community Band
Definitions:
a. "City" means the City of Delray Beach, Florida
b. "DOJ" means U. S. Department of Justice
c. "EOWS" means Executive Office for Weed and Seed
d. "W&S' means Weed and Seed
e. "The Agency" means Roots Cultural Festival, Inc.
2. Purpose/Statement of Work:
The purpose of this agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal
DOJ/EOWS funds. The beneficiaries of a project funded under this agreement must provide
services within the federally designated W&S target area, which has its boundaries, 1-95 to the West,
Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South.
The Agency shall, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the program outlined in this agreement and submit monthly requests
for reimbursement of approved expenses under the cover sheet in Attachment "A", provided hereto
and made a part hereof. Reimbursement requests should accompany all required monthly reports.
The City agrees to disburse payments upon the receipt of each required "request for
reimbursement", and receipt of alt monthly reports and necessary data (as determined by the City),
covering the month for which reimbursement is requested. Disbursements will be available no later
than the first working day of each month, retroactive to October 1, 2001 and continuing through
September 30, 2002.
All services shall be performed in a manner satisfactory to the City. The funding shall not
exceed the Commission approved dollar amount of $15,000 for the period of October 1, 2001
through September 30, 2002. All release of funds shall further be in accordance with all sections of
this agreement and subject to the approval of the Community Justice Executive Director.
3. Time of Performance
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shah be the
date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS,
whichever is later. The services of the Agency shall commence upon the effective date of this
Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2001
will be processed. Ail service required hereunder shall be completed by Agency by September 30,
2002.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shah be subject to each provision of this agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shah be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shah be subcontracted or reimbursed without the prior written approval of the Community
Justice Executive Director.
5. Records and Reports:
The Agency agrees to provide the City monthly programmatic progress reports that outlines
the Roots Cultural Festival, Inc. particularly the community band, program activities, progress
made, number of events held, participants enrolled and the number served. These reports must be
submitted to the Community Justice Executive Director within 15 days following the end of each
calendar month covered by this agreement. Reimbursement payments will not be released without
the submission of the required monthly (completed and accurate) report to the Community Justice
Initiative, and on the resolution of monitoring or audit findings identified.
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or
DOJ/EOWS.
The Agency agrees to retain supporting documentation relating to the activities funded
hereunder and related service provisions (activities) for a period of three (3) years, dating from
October 1, 2001.
6. Program-Generated Income:
All income earned by Agency from activities financed by DOJ/EOWS funds must
be reported to the City. In addition to reporting such income, the Agency shall report to the City the
procedure deveIoped to utilize program income to offset project costs. If program income is used to
extend the availability of services provided by Agency through this agreement, the prior written
approval of the Community Justice Executive Director will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident Opportunities):
The Agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence of such discrimination, the City shah have the right to terminate thi.~ Agreement.
To the greatest feasible extent, low-income residents of the project areas shah be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project target area shall be
awarded contracts in connection with the project.
2
8. Evaluation and Monitoring
The Agency agrees that the City wilt carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community Justice
Initiative or the City and that the continuation of this agreement is dependent upon satisfactory
evaluation conclusions based on the terms of this agreement and comparisons of planned versus
actual progress relating to project scheduling, budgets, audit reports, and output measures. The
Agency agrees to furnish upon request to the Community Justice Initiative, the City, and/or
DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by
the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the
City, information and status reports required by the Community Justice Initiative, the City, and/or
DOJ/EOWS on forms approved by Community Justice Initiative to enable the evaluation of said
progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow
the Community Justice Initiative or DOJ/EOWS to monitor the Agency on site (at least annually).
Such visits may be scheduled in advance or unscheduled as determined by the Community Justice
Initiative and DOJ/EOWS.
9. Audits and Inspections:
At any time during normal business hours and as often as the Community Justice Initiative,
the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there
shall be made available by the Agency to the Community Justice Initiative, the City, DOJ/EOWS
or the Comptroller General for examination all its records with respect to all matters covered by this
agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to thi.~ agreement. The City will require the Agency to submit a single audit,
including any management letter, made in accordance with the general program requirements of
OMB Circulars A-110, A-122, A-133, and other applicable regulations with 180 days after the end of
any fiscal year covered.by this agreement in which Federal Funds from all sources are expended. A
Certified Public Accountant of the Agency choosing, subject to the City's approval shall make the
audit. In the event the Agency is exempt from having an audit conducted under A-133, the City
reserves the right to require submission of audited financial statements and/or to conduct a "limited
scope audit" of Agency as defined by A-133.
10. Increased Availability:
The intent and purpose of this agreement is to increase the availability of the Agency
services to the community. This agreement is not to substitute for or replace existing or planned
projects or activities of the Agency. The Agency agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this agreement,
which is not less than that level existing prior to this agreement.
11. Conflict of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to
conflict of interest. The Agency further covenants that no person who presently exercises any
functions or responsibilities in connection with the funded projects, has any personal financial
interest, direct or indirect, in the activities provided under thi~ agreement which would conflict in
any manner or degree with the performance of this agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of
interest on the part of the Agency or its employees shall be disclosed in writing to the Community
Justice Initiative provided, however, that thi~ paragraph shall be interpreted in such a manner so as
not to unreasonably impede the statutory requirements that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12. Citizen Participation:
The Agency shall cooperate with the Community Justice Initiative in establishing a citizen
participation process to keep residents and/or chents informed of the activities the Agency is
undertaking in carrying out the provision of the agreement. Appropriate representatives of the
Agency shall attend meetings and assist in the development of the process, as requested by the City.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely or proper manner its obligations under this agreement, or if the Agency
shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall
thereupon have the right to terminate this agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or suspension of payment and specify the effective
date of termination or suspension.
At any time during the term of this agreement, either party may, at its option and for any
reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon
termination, the City shall pay the Agency for services rendered pursuant to this agreement through
and including the date of termination. The agreement may be terminated for convenience in
accordance with 24CF.
In the event the grant to the City under Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U. S. C. 3701, et. seq., as amended is suspended or terminated, this
agreement shall be suspended or tei,~inated effective on the date U. S. DOJ specifies.
14. Leveraging:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging ofU. S. DOJ funds. Proposals to other agencies will be made
in writing and a copy of such provided to the Community Justice Initiative.
15. Independent Contractor:
The Agency agrees that, in all matters relating to this agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Hold Harmless and Indemnification Clause
The "Agency" hereby agrees to promises to indemnify and hold harmless the "City" and its
officers, agents, servants, or employees from and against any and all liability, claims, demands,
damages, expenses (including attorney's fees), fees, costs, fines, penalties, suits, proceedings, actions
and causes of action of any kind and nature arising from, or in any way connected with, the giving
of said funds.
17. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the Agency
certifies that it, its afftLiates, suppliers, subcontractors, and consultants who will perform hereunder
have not been placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a)
requires this notice.
4
18. Reversion of Assets:
Upon expiration of this agreement, the sub-recipient shall transfer to the City any W&S
funds on hand at the time of expiration and any accounts receivable am'bumble to the use of W&S
funds. Additionally, where applicable, any real property under the sub-recipient's control that was
acquired or improved in whole or in part with W&S funds in excess of $25,000 must be used to meet
one of the national objectives of the W&S Initiative (per 24CFR Part 570) until five years after
expiration of the agreement.
19. Counterparts of the Agreement:
This agreement contains all of the parties binding representation to one another. Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Justice Initiative.
Agency/Sub-recipient: !\ g c, t~ _ ~ ; _.d
CITY ~OF DELRAY BEACH~FLOI~H~A
David W. Schmidt, MAYOR
Attachment "A"
DET,~II.ED BUDGET
Communi~ Band
Brand Model #
Vito 7212
Vito 7131R
Vito 7190 BA
Yamaha YTR2335/45
Yamaha YSL354
Ludwig LF-S104-XR
2 Yamaha MQC023XWC
35 Manhassett 48S
2 Ludwig FL-CZZZ-XY
Description
B Flat Clarinet w/case
Alto Saxophone w/case
Baritone Saxophone w/case
Trumpet w/case
Trombone w/case
Strider Marching Snare w/white
Marching Quads 8"/10"/12"/13"
W/carrier
Concert Music Stand
Marching Bass Drum 14" x 22"
Price Each
375.00
750.00
3150.00
450.00
450.00
260.00
900.00
28.00
550.00
Total
1500.00
1500.00
3150.00
1350.00
1800.00
1820.00
1800.00
980.00
1100.00
Urban Dance Troupe
6
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~(
AGENDA ITEM - REGULAR MEETING OF SEPTEMBER $. 2002
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD A~FIONS
AUGUST 30, 2002
Attached is the Report of Appealable Land Use Items for the period August 19, 2002 through August
30, 2002. It informs the Commission of the various land use actions taken by the designated boards,
that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
TO:
THRU:
FROM:
SUBJECT:
D~ARDEN,<_CITY MANAGER
PAUL DORLING~ECTOR OF PLANNING AND ZONING
IN ALLEN, PLANNER
MEETING OF SEPTEMBER 3,
2002 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS AUGUST 19, 2002
THRU AUGUST 30, 2002
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of August 19, 2002 through
August 30, 2002.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting,
the appeal period shall expire (unless the 10 day minimum has not occurred). Section
2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears
appeals of actions taken by an approving Board. It also provides that the City
Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
No appealable items were considered by the Planning and Zoning Board. The following
items will be forwarded to the City Commission for action.
Recommended approval (6 to 0, Randolph absent), of a rezoning from RM
(Multiple Family Residential - Medium Density) to CF (Community Facilities) for a
parcel of land located on the east side of Gleason Street, approximately 450 feet
south of East Atlantic Avenue (39 Gleason Street), associated with the First
Presbyterian Church of Delray Beach.
City Commission Documentation
Appealable Items Meeting of September 3, 2002
Page 2
Recommended approval (6 to 0), of a conditional use modification request
associated with the construction of a new 600 seat sanctuary and conversion of
the existing sanctuary building to a fellowship hall for Lake Ida Church of Christ,
located at the southwest corner of Lake Ida Road and Roosevelt Avenue.
Recommended approval (6 to 0), of a conditional use request to allow the
establishment of a monument and ornamental stone cutting facility for Granite &
Marble Designs, located within the 321 Delray Plaza Building fka Seta Building
(321 North Congress Avenue), at the northeast corner of Congress Avenue and
Dr. Carol Krol Way.
Recommended approval (5 to 0, Krall stepped down), of an abandonment of the 16
foot north-south alley lying east of SE 6th Avenue (northbound Federal Highway),
between SE 3rd Street and SE 4th Street for the proposed Meridian mixed-use
development.
Recommended approval (6 to 0), of an abandonment of a 7 foot wide pedestrian
ingress-egress tract of the Estuary II Plat, located on the south side of Royal Palm
Boulevard, approximately 550 feet east of North Federal Highway.
Recommended approval (6 to 0), of an amendment to the Land Development
Regulations Section 4.4.21(H) relating to the open space requirements for
properties zoned CF (Community Facilities) located within the West Atlantic
Avenue Redevelopment Area.
Recommended approval (6 to 0), of an amendment to the Land Development
Regulations Section 4.3.2 "Prohibited Uses" to provide for the prohibition of the
sale of drug paraphernalia and the operation of drug paraphernalia businesses.
Recommended approval (6 to 0) of a combined preliminary/final plat for Old Palm
Grove, a proposed 44-1ot subdivision located at the northeast and southeast
corners of North Federal Highway and Royal Palm Boulevard.
Recommended approval (5 to 0, Pike stepped down), of a combined
preliminary/final plat for Pineview Estates a proposed 3-lot subdivision located
between NW 1st Avenue and NW 2nd Avenue, approximately 300 feet north of NW
9th Street.
· Recommended approval (6 to 0), of the initiation of Comprehensive Plan
Amendment 2002-2.
A. Approved (5 to 0, Dabney-Battle absent, Eliopoulos stepped down), a freestanding
sign for Autobahn Motors, located on the west side of North Federal Highway,
south of Gulfstream Boulevard (1800 North Federal Highway).
City Commission Documentation
Appealable Items Meeting of September 3, 2002
Page 3
B=
Approved (6 to 0), a request for a color change for Linens-N-Things, located within
the Plaza at Delray at the northwest corner of Linton Boulevard and South Federal
Highway (1620 South Federal Highway).
Approved (5 to 0, Eliopoulos stepped down), a request for a color change for
Spanish Inn River Resort, located at the northeast corner of East Atlantic Avenue
and Seabreeze Avenue (1111 East Atlantic Avenue).
Approved (6 to 0), the color scheme associated with the site plan approval for
Kilwin's Quality Confections (Delray Park of Commerce, Tract "R-I"), located at
the northeast corner of Lake Ida Road and Congress Avenue.
Approved (6 to 0), a request for a color change for Sabal Pine South
Condominium, located on the west side of SVV 22nd Avenue, south of Old
Germantown Road (2840 SW 22nd Avenue).
Approved (6 to 0), a request for a color change for 495 NE 4th Street Associates,
located at the northwest corner NE 4th Street and NE 5th Avenue (southbound
Federal Highway).
Go
Approved with conditions (6 to 0), a Class I site plan modification associated with the
installation of awnings for Cafe' Veri Amici, located on the east side of Pineapple
Grove Way, south of NE 2nd Street (189 Pineapple Grove Way).
Denied (6 to 0), a Class I site plan modification associated with an elevation change
involving the installation of two (2) antique french lamps for Au Manoir, Inc.,
located at the northwest corner of East Atlantic Avenue and Pineapple Grove Way
(133 East Atlantic Avenue). The Board denied the request as they felt the lamps
were not consistent with the architecture of the building or with the building scale.
Approved with conditions (6 to 0), a Class I site plan modification associated with an
elevation change involving the installation of awnings for Joe Bonnie & Son,
located on the east side of Congress Avenue, north of Marty Fladel Drive (235
North Congress Avenue).
Approved (6 to 0), a Class I site plan modification associated with an elevation
change involving the installation of awnings for Antique County Pine, located on
the west side of North Federal Highway, south of Gulfstream Boulevard (2222 North
Federal Highway).
Approved with conditions (5 to 0, Eliopoulos stepped down), a Class II site plan
modification associated with a 95 square foot addition for Prosperi Warehouse,
located at the southwest corner of Wallace Drive and Georgia Street (1300 Wallace
Drive). The Board tabled the architectural elevations in order to provide direction for
the applicant to make appropriate revisions to the building design.
City Commission Documentation
Appealable Items Meeting of September 3, 2002
Page 4
Approved with conditions (6 to 0), a Class II site plan modification, landscape plan
and architectural elevation plan associated with the conversion of the former Pet
Den site to a contractor's office for Island Air Conditioning, located on the east
side of North Federal Highway, approximately 204 feet south of Bond Way (1023
North Federal Highway).
Approved with conditions (6 to 0), a Class III site plan modification and architectural
elevation plan associated with the construction of a 900 square foot addition for a
restaurant and lobby area for the Sanderson Building, located on the south side of
East Atlantic Avenue, between SE 6th Avenue and SE 7th Avenue (630 East Atlantic
Avenue).
Approved with conditions (6 to 0), a Class V site plan, landscape plan and
architectural elevation plan associated with the construction of a 72-unit townhouse
development for Legacy at Sherwood Forest, located at the southeast and
southwest corners of West Atlantic Avenue and Sherwood Forest Drive.
Oo
Approved with conditions (6 to 0), a Class V site plan, landscape plan and
architectural elevation plan associated with the construction of a mixed use
development that consists of 22 townhouses and 22,228 square feet of office space
for The Meridian, located on the east side of SE 6th Avenue, between SE 3rd Street
and SE 4th Street. Concurrently, the Board approved a waiver reducing the required
distance between rights-of-way and first parking space (stacking) from 50 feet to 29
feet (SE 4th Street) and 21 feet (SE 3rd Street).
No Regular Meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
SEPTEMBER 3, 2.002
GULF STREAM BL YD
L-30 CANAL
,I
~- I .... _j- - - n
-
I I
~-- L
ATLANTIC
~r~ ~-
~1 ~ .__j
LO.ON 80UL~/ARD
UNTON BOULEVARD
I
L-38 CANAL
N W 2ND ST
/ S W 2ND ST
/
/
/
/
LINTON
C. t5 CANAL
S.P.R.A.B:
A. AUTOBAHN MOTORS
B. LINERS-N'-THINGS
C. SPANISH RIVER INN & RESORT
D KILWIN'S QUALITY CONFECTIONS (DELRAY
PARK OF COMMERCE, TRACT R-l)
E. SABAL PINE SOUTH CONDOMINIUM
F. 495 N.E. 4TH STREET ASSOClA TES
G. CAFE VERI AMICI
H AU MANOIR, INC.
I. JOE BONNIE & SON
J. ANTIQUE COUNTRY PINE
K PROSPERI WAREHOUSE
L, ISLAND AIR CONDITIONING
M SANDERSON BUILDING
N LEGACY AT SHERWOOD FOREST
0 THE MERIDIAN
..... CITY LIMITS
ONE MILE
GRAPHIC SCALE
CITY OF DELRA ¥ BEACH, FL
PLANNING & ZONING DEPARTMENT
AUGUST2002
- - DIGITAL BASE MAP SYSTEM -.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~2~' 1
AGENDA ITEM ~'~ - REGULAR MEETING OF SEPTEMBER 3. 2002
AWARD OF BIDS AND CONTRACTS
AUGUST 30, 2002
This is before the City Commission to approve the award of the following bids:
1. Purchase award to Fluid Conservation Systems, Inc. in the amount of $54,695.00 for
water main leak detection equipment. Funding is available from 441-5161-536-64.90
(Other Machinery/Equipment).
2. Purchase award to Otto Industries, Inc. (sole provider) in the amount of $21,719.00 for
588 sixty-eight (68) gallon garbage carts. Funding is available from 433-3711-534-99.01
(Sanitation Fund/Project Reserve).
Recommend approval of the above bids and purchases.
S:\Ca~y Clerk\chevelle folder\a~-nda memo\Bid Memo.09.03.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden
City Manager
FROM:
DATE:
SUBJECT:
C. Danvers Beatty, P.EE. L,,,,.~ '/~
Deputy Director of Ut
~l~t~s~
August 28, 2002
Purchase of Water Main Leak Detection Equipment
Attached is an Agenda Request and supporting documentation forthe purchase of leak detection
equipment from Fluid Conservation Systems, Inc. in the amount of $54,695.00. The price from
Fluid Conservation Systems, Inc. is based on the South Florida Water Management Distdct
contract on file in our Purchasing Department. The leak detection equipment is included in the
2002/2003 operating budget as a capital purchase, however we have been offered a $10,000.00
savings through the supplier if the purchase is made prior to September 30, 2002. Residual
funding is available in the 5161 new capital fund which will allow us to make this purchase prior to
the end of this fiscal year. Upcoming water conservation initiatives will require more stringent
guidelines on water loss within the system. This equipment will greatly assist in the location of
leaks within the water distribution system and help reduce water loss.
Based on the availability of funds and the $10,000 savings, we are recommending the purchase
from Fluid Conservation Systems, Inc. in the total amount of $54,695.00. Funding will be from
441-5161-536-64.90, other machinery & equipment (budget transfer is attached)
Please place the item on the September 3, 2002 Agenda for consideration by City Commission.
CDB/cdb
Att:
CC:
Richard C. Hasko, Director of Environmental Services
Scott Solomon, Manager of Water & Sewer Network
City Clerk
Agenda File
$:lEnvironmental ServtcesiDan BeattylLeakDet mem doc
Quotation
Fluid Conservation Systems Inc.
2001 Ford Circle
Suite F
Milford, OH USA 45150
Phone (513) 831-9335 Fax (513) 831-9336
Fluid Conservation Systems
QUOTATION NUMBER: 02.269 QUOTATION DATE: 7126102
To: Scott Soloman From: Tom McGee
City of Delmy Beach
434 S. Swinton Ave
Delmy Beach, FL 33445
QUOTATION NO. FREIGHT SHIP VIA F.O.B. POINT TERMS
02.269 Prepay/Add UPS Ground Origin Net 30
ITEM # QTY DESCRIPTION 2002 SPECIAL
PRICING PRICING
1 1 AccuCorr 3000 Digital Leak Correlator System $38,000 $35,000
2 1 PermaLog Starter Kit (10 Loggers with Patroller) $18,000 $16,000
3 5 Additional PermaLog Loggers $4,500 Included
4 1 4-Day Leak Detection Training (In Delray Beach) $4,500 $3,500
SUBTOTAL $65,000 $54,500
OTHER TERMS:
· Special Pricing valid for orders shipped prior to September 30, 2002. SHIPPING $195
· OTHER
TOTAL $54~695
Authorized by Date
Purchase Order No.
HEADQUARTERS OFFICE
2001 FORD CIRCLE · SUITE F · MILFORD, OH 45150 USA
TEL (513) 831-9335 · (800) 531-5465 · FAX (513) 831-9336
http://www, fluidconservat~on.eom
HALMA GROUP
COMPANY
'~m~mmu ~U~HHbIN~ ID :552-?54-6884
.... ..
. water anagement District
FI
HANG£ ORDER =02 ZO0?O~. 02PC0001~89
CDNrll3MING ORDER: NO
THOMAS J JCGEE
ol
DEST JDO NOT
; ' :1'.~ NL:MbL t ~ MUFT APP[' Al { ON ALI.
, 'ACK:NH: ,.";'/~;. INVOIGE5. ^ND C'.JHH~.~';F'ONDENCE
PAGE [DAT~: O1' ORDER' t DI~I..IVER¥ DATE.
.. OT/OZ/oz o
j SLDO./.OOM NO.
PAY SHIP) J 004
CENTRAL RECEZ¥ING
2379 BROAD ST. (UeS. ~J SOUTH)
BROOKSVILLEe FL 3460~-66~9
ATTN; ~UCKY COX (INV}
CARL aRIGHT
COMMOI )1 rY NO QUANTITY
Ia7 A.O0~
ACCUCORR iL CGRRELATUR
Z87 1.000
CORRELATOR SYSTEM 2
287 leO00
CORRELATOR $¥$;£~ 3
267 1.000
CORRELATOR SYSTER NE ~
267 1~000
CORRELATOR SYSTEM NE 5
CORRELATOR SYSTEfl NE 6
Z A7 ,1 -, 000
ACCUCORR 3000 TAL CORR~LATOR $
CDRRELATOR SYSTEH
THIS ORUER A
MHZCH ARE [NCLUD O ZN THE PRZCEe
UNIT UNI'I cO.c; I TOTAL CO~T
TRA]:NZNG ANU itel
iA
7tSCqeO00000
7~ B~eO00000
A
YSTEM
EA
?tSq~.O00000
7t84~.OOOOO0
)ES TEN ADDITI
1,. 00(.; !A 1,~198e000000
PER BID 021~
)NAL LOGGERS
or 'i't I1~ CORM
f &3wg50oOO
UI-LIVLI-JY HOUHIS ~1, MONDAY 'IHHOUGH FHIL)AY ti {.)0-12 fJO ,' 12 30 : 3(, ,, STATE ~AI F;; lax I XLMi'IK~ NO '
J7 (J2- 007~,'-.~,'~¢.
SWF~,~M~,: PURCHRSING ID :352-754-6884
Wetter Mc rt qerrtenl.
(~~~) AC~OUNTR PAYABL F
P,O, AOX 1166
BROOKSVI[ LE. PI C)F~IDA :~.1~;05 11 fig
FLUID CONSERYATI'ON SYSTEMS
ZOO,t FORD C.I. RCL~ 51'E F
MILFORD OH ~5150
THOMAS J JCGEE
COE,,aObl I Y NO. OUANI ri ¥
UUE Yb"'~LS~RICT ~ANC[AL
BROKEN DOMN ZNTO ~ ACCOUNT LXNES
ACCUCORR 3000 ZTAL CORR£LATUR
PER ALL T£R~S, NDZTZONSBAND
021½e
3ULO2'02 9:09 No.004 P;02
HANG£ ORDER il~OZ ZOO?OX OZPCOOOI~A9
!NTRAL PURCHASE ORDER
¢.ONFINMINC~ C)kDCR; NO
'1 ) )1~, NLJMif[ I ~ MU~;T APPFA~ ON Al I PACKAGFS,
I';~C:KING [ l~, I ~, INVOIC[ S. AN[~ CORF~ESPONDFNCF.
07 0 OZ 0 5
I BLDG./ROOM NO.
BEST (DO NOT PAY SHZP) 00~ /31~eOl
CENTRAL RECEZYZNG
~379 ~RORD STe (UeSe ql SOUTH)
BROOKSVZLLE~ FL 3~604-6899
ATTN: BUCKY COX (ZNV)
CARL WRZGHT
tJNl'r
tJNrT COST TOTAL COST
~'~ PU~tCHASE ORB HAS BEEN
:SH THE OF THE
COMPLETE WZTH AS
OF BZD AND NUMBER
~M
63
· STATE SALLY5 TAX [.XrUPIION NO e
37-02-007887-52(;
PURCHfl$]'NG ID :$52-?54-6854
.Wa[e r M anagemen t i)~$ t r~c ~
AC.;( :L)LJN J "...; PAYAgL IT.
0~OOK.".~VII J I::, FI OPHI')A .',1.blJb 1 1,.,;',
;HANG£ ORDER ~02 20070! 02PC0001~89
:ENTRAL PURCHASE ORDER
.... C;:)NrlnMING ORDER: NO ~
, :l~ NL:ML, L I~ MtJFT ADP[' Al~ ON ALL
,, 'A('KF~Cl I ,<-, r c,.;, INVOICES ^NU CUHHbSP'ONOEN(,;E
PAGE DATF- 01- ORDER' D~tlV~RY DATE
0 ! 0110 iZ/OZ !
~ 0 r~ -- e~G/HOLM NO.
FLUZO CONSERVATIUN SYSTEMS
2001 FORU CIRCLE STE F
~LFD~O OH ~5150
THOaAS J JCGEE
CENTRAL RECEIVING
2379 BROAD ST. (UeS. al SOUTH}
8ROOKSVZLLEe FL 3~60~-6699
ATTN~ ~UCKY COZ (~NV)
CARL ~RIGHT
-F
-F
-F
-F
-F
CORRELATOR SY&T£H 2
2&T l~000
CORRELATOR S¥S;£~ INE 3
267 leO00
CORRELA~OR SYST~ LINE q
CORRELATUR SYSTk~ NE 5
CORRELATOR $¥STE~ :NE 6
ACCUCORR 3000 DIG] TAL CORR~LATOR
CORRELATOR SYST6H
THIS ORUER
ARE [NCLUDi 0 IN THE PRLC~.
uNrr UNI1 COg I
FA
SYSTE~
ALSO
A
?e8¢¢.000000
7e8½~.000000
7~ 8zia.O00000
7e 84~1.000000
7eSq~.O00000
7eS¢~eOOOOOO
:LUDE$ TEN ADDITI
1e198.000000
TOTAL COST
7e8~.00
7e8¢~eO0
7~8~q.00
7~8½4.00
)NAL LOGGERS
le196~00
ri 115 FORM
f 63.950o00
J7 O.' 007M8/
SWFWMI) PURCHASING ID :$52-754-6854
Water Management IXsl. rict
t AC~OUNTg PAYAgL F
BROOKSVI[ I.F, FI ORIDA :~.1(,0', 11Gt;
FLUID CONSERVATION SYSTEMS
2001 FORD CIRCLE STE F
HILFORD OH 45150
THORAS J JCGEE
,,TUL 02'02 9:09 No.004 P.02
~itANG£ ORDER ~0~ ZOOTOZ OZPCO001~89
CENTRAL PURCHAS~ ORDER
¢.CJNFI~MIN~ C)~UCR: NO
!
'1~115 NUMi;[ t; MLJ~,'I' AF'F'F^R ON Al 1 PACKAGFS,
i'AC;¢JNL; [ t,t, I ,'.,, INVOIL:[ S, AN[)CORRFSPON[~FNCF
DA3f' OF OltDr[~'
oz
[3.
BEST (DO NOT PAY SHIP)
[3LDG./ROOM NO.
O0,~ /31~e01
CENTRAL RECEIVIN6
2379 8ROAD STe (UeSe ql SOUTH)
6ROOgS¥~LLE~ FL
ATTN= aUCKY COX (INV)
CRRL MRZGNT
¢;OMMO[JI I Y NO. QUAN1 ri Y tJNrr LJNIT COST TOTAL COST
UUC Tb DISTRICT I~ANCIAL AC~ f~ PURCHASE ORB HAS BEEN
BROKEN DOMN INTO ~ ACCOUNT LINES TO IHE OF THE
ACCUCORR 3000 ITAL CORRELATUR CORPLETE ~ITH AS
PER ALL T£R~St ND[TZONSeAND CI~! T[ON OF BID AND NURBER
021½e
TIIIL~OI 17AqI¢)NIS ~OALL IL IIM'.ANI3(' )NI,II(')N:-, ~I~*IHI.C;ANr~THEREVERSE$1D OCTIIISrORM
Ar,F,I I'tA~.I ~JF 1Hl~ PURCHASE ~,r~R Y~ GUA~N1LE T l~T Ab A ) ~ 0 ~ O ~
AurHoR~ED , ,,
DFLIVFItY HOUt~S ~ MONDAY THROUGH ~IDAY 9,(H)-1 ?,0()/ I;' :,(J '[ 30 · STATC SAL.CS~ TAX LXEMP]c~ ION NO ·
37-0~-007887-~0G
Memo
To;
From:
Date:
Re:
David T. Harden, City Manager
Joseph S~nance Director
^ugust23,2002
Documentation - City Commission Meeting - September 3, 2002
Purchase Award of Garbage Carts from Otto Industries
Item Before the Commission
The City Commission is requested to approve the purchase of 588 sixty eight
gallon garbage carts from Otto Industries, Inc., at a total cost of $21,719 as a
sole source purchase.
Background
The City is in need of additional carts which will have forest green bodies, black
lids, rubber tires and hot stamped City Iogos and serial numbers.
Otto Industries, Inc. has offered the City these carts at a cost of $35 each plus
shipping for a total of $21,719 per their attached quote dated August 9, 2002.
The Community Improvement Director and the Code Enforcement Administrator
recommend the purchase award of the carts to Otto Industries, Inc. See attached
Memo dated August 23, 2002.
Recommendation
Staff recommends the purchase of 588 sixty eight gallon carts in the total amount
of $21,719 from Otto Industries, Inc. as a sole source purchase. Funding will be
from account 433-3711-534.99-01. (Funds from the aforementioned account will
be transferred to account 433-3711-534.49-35.)
JS:DH
Memo
To:
Thru:
From:
Date:
Re:
Jackie Rooney, Purchasing Supervisor ,~).~
Lula Butler, Director of Community Improvement
Richard Bauer, Code Enforcement Administrator
August 23, 2002
Purchase Requisition for Garbage Carts
Please prepare a Purchase Requisition for the following items:
Quantity Manufacturer Item Model Description Price Each Total Price
588 Otto Production, Inc.. MSD 682 68 Gallon Roll Cads $35 $20,580
Freight: Fu, Truck Load $1,139
Total Cost $21,719
All carts to be forest green body, black lids and rubber wheels with hot stamped City
logo and serial numbers.
Funding will be from account 433-3711-534.99-01. Please note that funds from the
aforementioned account will be transferred to account 433-3711-534.49-35 which is
the Cart Renewal Account utilized in the past for cart purchase.
I have discussed the above purchase and funding with the Finance Director.
I believe this item will require City Commission approval. Therefore, please submit
this item for inclusion on the next regular City Commission Agenda, which is
September 3, 2002.
RB:JR
To Page 2 of 2 2002-08-09 15 51 56 (GMT) 16032159866 From' Dasd H Wright
OTTO Industries Inc. Quote
Date: 8/9/2002
TO: Patsy FROM'
COMPANY: City of Delray Beach FI.
PHONE: VOICE MAIL:
FAX: 561-243-7166 FAX:
David H. Wright
OTTO Industries Inc.
678-432-7558
603-215-9866
Total number of pages: One page
Dear Patsy:
The following is our quotation with the pricing and avadability of OTTO Industries'
injection-molded recycling containers. ~.~¢
We are pleased to quote OTTO MSD 682 carts at $35.00 each with rubber
vvheelsplus freight, freight to your Io~ation would be $1139.00. OTTO would be able
to manufacture and sh~p these bins within approximately four to five weeks from the
receipt of your purchase order.
Thank you for your consideration of the bins manufactured by Otto Industries. You may
reach me at 678-432-7558 anytime.
David H. Wright
David H. Wdght
Southeastern Area Manager
Otto4ndustries Inc.
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIR~C[I'OR OF PLANNING AND ZONING
^SM,N
MEETING OF SEPTEMBER 3, 2002
CONDITIONAL USE MODIFICATION REQUEST ASSOCIATED WITH THE
CONSTRUCTION OF A NEW 600 SEAT SANCTUARY AND CONVERSION OF THE
EXISTING SANCTUARY BUILDING TO A FELLOWSHIP HALL FOR LAKE IDA
CHURCH OF CHRIST
Lake Ida Church of Christ is located at the southwest corner of Lake Ida Road and Roosevelt
Avenue on 5.2 acres. In August 1991, a conditional use request was approved by the City
Commission for a 400 seat church facility, open air pavilion and a multi-purpose building. The
development of the site was to be completed in three phases. Phase I involved the construction of
the 400 seat worship center, attendant parking and landscaping; Phase II, the construction of a
2,000 sq. ft. open air pavilion; and, Phase III was the construction of an 8,000 sq. ft. multi-purpose
building.
The site plan was subsequently approved by the Site Plan Review and Appearance Board on
November 20, 1991. Phase I, which included a 9,182 square foot worship center with a 400 seat
sanctuary and 150 parking spaces, was constructed in 1992. On March 5, 1997, the Site Plan
Review and Appearance Board approved the architectural elevations associated with the
construction of the open-air pavilion (Phase II) which was constructed in 1997. The multi-purpose
building has not been constructed.
The conditional use modification request involves the construction of a new 600 seat sanctuary
instead of the multi-purpose building, conversion of the existing sanctuary to a fellowship hall and
the construction of an additional 53 parking spaces with attendant landscaping.
At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing in
conjunction with the request and no one from the public spoke. After discussing the proposal, the
Board voted 6 to 0 to recommend approval of the conditional use modification request subject to the
conditions in the attached staff report:
By motion approve the conditional use modification request for Lake Ida Church of Christ, based
upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5)
(Conditional Use Findings) of the Land Development Regulations, and the policies of the
Comprehensive Plan, subject to the conditions in the attached staff report.
Attachment: P&Z Staff Report and Documentation of August 19, 2002
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 19, 2002
IV. B.
Conditional Use Modification Request Associated With the Construction of a New
600 Seat Sanctuary and Conversion of the Existing Sanctuary Building to a
Fellowship Hall For Lake Ida Church of Christ (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant .......................... Lake Ida Church of Chdst
Agent .......................................... Kenneth R. Cadson-
Architect
Location ...................................... Southwest Comer of Lake
Ida Road and Roosevelt
Avenue.
Property Size .............................. 5.18 Acres
Future Land Use Map ................LD (Low Density Residential,
0-5 du/acre)
Current Zoning ............................ R-1-A (Single Family
Residential)
Adjacent Zoning ................ North: PRD - 4 (Planned
East:
South:
West:
Existing Land Use .......................
Proposed Land Use ....................
Water Service .............................
Sewer Service .............................
Residential)
R-I-A (Single Family
Residential)
R-I-A (Single Family
Residential)
R-I-A (Single Family
Residential) & OS
(Open Space)
Church
Construction of a New 600
Seat Sanctuary and
Conversion of the Existing
Sanctuary Building to a
Fellowship Hall.
Ex~sting on site.
Existing on site.
95
.' IV. B.
The action before the Board is making a recommendation to the City Commission on a
Conditional Use modification request for Lake Ida Church of Christ, pursuant to LDR
Section 2.4.5(E).
The subject property is located at the southwest corner of Lake Ida Road and Roosevelt
Avenue.
Modifications to Conditional Use approvals are processed pursuant to LDR Section
2.4.5(E)(7). Modifications which involve intensity of use or hours of operation must be
approved by the Planning and Zoning Board (as opposed to staff approval). If however,
the Board deems that the modification is significant, then the modification must be
heard as a new Conditional Use application, requiring formal notification, public hearing,
and final action by the City Commission.
Given the extensive nature of the changes associated with this conditional use
modification, this request has been processed as if it were a new application. Thus, if
the Board finds that the changes are significant, the request can be forwarded to the
City Commission without delay.
The subject property contains a total of 5.2 acres and is zoned R-I-A (Single Family
Residential).
In August 1991, a conditional use request was approved by the City Commission for a
400 seat church facility, open air pavilion and a multi-purpose building. The
development of the site was to be completed in three phases. Phase I involved the
construction of the 400 seat worship center, attendant parking and landscaping; Phase
II, the construction of a 2,000 sq. ft. open air pavilion; and, Phase III was the
construction of an 8,000 sq. ft. multi-purpose building.
The site plan was subsequently approved by the Site Plan Review and Appearance
Board on November 20, 1991. Phase I, which was comprised of the 9,182 square foot
worship center with a 400 seat sanctuary and 150 parking spaces, was constructed in
1992.
On March 5, 1997, the Site Plan Review and Appearance Board approved the
architectural elevations associated with the construction of the open-air pavilion (Phase
II) which was constructed in 1997.
The request before the Board involves the construction of a new 600 seat sanctuary,
conversion of the existing sanctuary to a fellowship hall and the construction of an
additional 53 parking spaces with attendant landscaping.
Planning and Zoning Board Staff Report
Conditional Use Modification - Lake Ida Church of Christ
Page 2
The development proposal includes the following:
Construction of a new 12,333 sq. ft. sanctuary;
Increase in the sanctuary seating from 400 seats to 600 seats;
Conversion of the existing sanctuary to a fellowship hall;
Construction of a 45-space parking lot on the north side of the new sanctuary and 8
spaces on the west side of the existing sanctuary building; and,
Installation of attendant landscaping.
The applicant has submitted the following narrative that describes the operation:
"The proposed project will increase the seating capacity of the worship center to 600
seats. The church will relocate the present 400 seats and will purchase 200 new seats.
The existing sanctuary will be refurbished and created into a Fellowship Center and will
accommodate Sunday School and youth activities. The sanctuary will be used on
Sunday mornings and special occasions such as weddings and funerals. The multi-
purpose fellowship hall will be a non-congruent function and will be used before the
church service and after the church service by the same church members. The function
of the facility will not be different than that of the present facility. The facility will allow
the church body to have services that would allow for up to 600 persons in attendance."
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development
Regulations, prior to approval of development applications, certain findings must
be made in a form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes. Findings
shall be made by the body which has the authority to approve or deny the
development application. These findings relate to the following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of LD (Low Density
Residential 0-5 units per acre) and is zoned R-I-A (Single Family Residential), thus the
zoning is consistent with the FLUM designation. Churches or places of worship, and
their attendant educational, nursery, Sunday school, recreational, and columbarium
facilities are allowed as conditional uses. The foregoing does not allow establishment of
educational and care uses such as elementary school and general day care unless
approved separately as a conditional use.
Planning and Zoning Board Staff Report
Conditional Use Modification - Lake Ida Church of Christ
Page 3
While churches are allowed within the R-1-A district, with any future introduction of any
combination of church and educational and care uses such as an elementary school or
day care center it would be more appropriate to have the property rezoned to CF
(Community Facilities). This requirement is added as a condition of approval. Based
upon the above, positive findings can be made with respect to consistency with the
Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
The applicant has not submitted preliminary water and sewer plans, however, the
following is noted:
Water service currently exists on site via a 6" service lateral connection to a 6" main
along Lake Ida Road.
Sewer service exists on site via a 6" service lateral to the existing sewer main at the
southeast corner of the site.
Fire suppression is provided via existing fire hydrants at the northeast, and
southeast corners of site and at the main entranceway on Lake Ida Road. An
additional fire hydrant may be required adjacent to the new sanctuary.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for
the City at build-out, and is sufficient to service the proposed church expansion. The
specifics of the public water and sewer utilities with respect to potential main extensions
and connections will be addressed in further detail during the subsequent site plan
review process. Based upon the above, positive findings can be made with respect to
these levels of service standards.
Drainaqe:
Conceptual drainage plans have also not been submitted. However, there are no
anticipated concerns with providing on-site stormwater drainage, which can be
accommodated with retention areas along the north and southwest portions of the site.
At this time, there are no problems anticipated complying with South Florida Water
Management District or Lake Worth Drainage District requirements. Thus, a positive
finding with respect to this level of service standard can be made.
Traffic:
A traffic statement has been submitted indicating that the proposed church expansion
will generate 112 vehicle trips during an average weekday. The use will generate
approximately 440 trips on Sunday. A peak hour distribution of the Sunday trips has
Planning and Zoning Board Staff Report
Conditional Use Modification - Lake Ida Church of Christ
Page 4
been provided and there appears to be a need for a left turn lane improvement on
Roosevelt Avenue. Further traffic analysis including actual peak hour counts of existing
traffic is recommended. Pending the outcome of this analysis a left turn lane
improvement is attached as a condition of approval.
Parks and Recreation:
Park dedication or park impact fee requirements do not apply to nonresidential uses.
Thus, there will be no impact on this level of service standard.
Solid Waste:
Pursuant to Solid Waste Authority Guidelines, trash generated each year by the
proposed 12,333 square foot addition (1.6 Ibs./sq.ft.) will be approximately 9.86 tons per
year (or a net increase of 2.56 tons per year). The trash generated by this proposal can
be accommodated by existing facilities, therefore, a positive finding with respect to this
level of service standard can be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following policy is noted.
Housinq Element Policy A-12.3 - In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The existing church is located in an established residential neighborhood. The most
significant potential for impact resulting from a church use normally relates to traffic
impact on the adjacent neighborhood and the ability to accommodate parking on-site
without spillage onto adjacent roadways and into the neighborhood.
The proposed increase in the seating capacity from 400 seats to 600 seats will require
67 additional parking spaces (one space per three seats). The required parking for the
proposed development is accommodated with the construction of 53 new parking
spaces and utilization of 16 excess parking spaces that now exists on site. The
proposed increase in parking spaces will adequately accommodate the increased
seating, thus no negative impacts are anticipated.
No changes in traffic patterns are proposed as the existing curb cuts to the abutting
streets will remain unchanged. The proximity of the church to Lake Ida Road allows
Planning and Zoning Board Staff Report
Conditional Use Modification - Lake Ida Church of Christ
Page 5
associated traffic to utilize Lake Ida Road thereby minimizing the impact on adjacent
residential areas. However, with the increased seating it is anticipated that 440 Sunday
trips will be generated. Due to the nature of this proposed use and the fact that the
adjacent uses are also churches which may have similar hours for worship services and
activities, the potential for some traffic congestion at the Lake Ida Road/Roosevelt
Avenue intersection may exist. As stated above under the Traffic section of the report,
additional analysis is required in order to determine if a left turn lane improvement is
warranted. In addition, if is it determined that a traffic enforcement personnel is
necessary, then Lake Ida Church of Christ should commit to providing such personnel.
This is also noted as a condition of approval.
SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The adjacent zoning districts are: PRD-4 (Planned Residential Development-4 units per
acre) to the north, and R-1-A (Single Family Residential) to the east, west and south.
Single family residential land uses are located to the north and south. To the west is a
178 seat church with a day care center (Supernatural Deliverance Church of Christ). To
the east is the New Jerusalem Church, which accommodates 123 seats.
These three churches have existed for some time and there has been no known
conflicts with the surrounding neighborhood that indicates that the churches have had a
significant detrimental effect upon the stability of the neighborhood or that it has
hindered development in the area. The proposed expansion should not have a
detrimental impact on the neighborhood as items for concerns such as parking will be
adequately accommodated on-site. As previously stated above the impacts associated
with the increased traffic volumes may be mitigated by the provision of a left turn lane
on Roosevelt Avenue and the provision of a traffic enforcement personnel to assist in
the directing of traffic prior to and following Sunday morning worship services.
Compatibility with the adjacent properties, specifically with the residences to the north
and south can be enhanced through the installation of landscaping. With the conditional
use request conditions can be imposed which exceed the standard code requirements.
With the construction of the new sanctuary, the landscape buffer treatment required with
Phase III of the development is to be installed. These improvements include the
provision of a continuous hedge and trees 25 feet on center along the west, south and
north property lines west of the main entranceway on Lake Ida Road. Provision of the
landscape improvements is attached as a condition of approval.
Planning and Zoning Board Staff Report
Conditional Use Modification - Lake Ida Church of Christ
Page 6
Based upon the above, a finding can be made that the proposed use will not have a
significant detrimental effect on the surrounding neighborhood or hinder development or
redevelopment in the area.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The proposed use will be in compliance with the Land Development Regulations.
If the Conditional Use Modification is approved, a full site plan submittal
complying with the Land Development Regulations will be required. Along with
the Conditional Use Modification request, a sketch plan has been submitted and
reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, several "Technical Items" were identified. These items, which are
listed below and attached in Appendix "A," will need to be addressed with the full
site plan submittal and are attached as a condition of approval.
ParkinR
Pursuant to LDR Section 4.6.9(C)(6)(c), churches shall provide one parking space for
every three seats provided in the sanctuary. Additional parking is not required for other
uses on the church property such as Sunday School, Day Care, or Preschool, etc.
when such uses are operated as a part of, under the auspices of, the Church. Pursuant
to the 1997 Standard Building Code Section 1019.11.5.2, when bench-type seating is
used, the number of persons shall be based on one person for each 18 inches (457-
mm) of length of the bench. The floor plan indicates that the new sanctuary will have
forty-two 19' long pews as well as twelve 12'-9~/2'' long pews, which equates to a seating
capacity of 600 seats. Based upon the above, 200 parking spaces are required and
203 spaces are provided. Thus, the parking requirement has been met.
Buildin~ Height
The proposed structure will have a building height of 32 feet to the top of roof/parapet
plus a steeple of 25 feet. The maximum height in the R-1-A zoning district is 35 feet.
Pursuant to LDR Code Section 4.3.4(J)(3)(b) appurtenances usually required to be
placed above the roof level of a building and not intended for human occupancy may be
allowed to extend above the height limitations but only when specifically approved by
action of the Site Plan Review and Appearance Board. The applicant proposes to
utilize the existing 25' steeple. Specific approval for the steeple must be obtained from
the Site Plan Review and Appearance Board.
Other Items
With the construction of the existing sanctuary, relief was given to allow the provision of
stabilization sod parking. Subsequent to the construction of the building, the parking lot
was paved, however, concrete curbing was not provided around landscape strips and
islands adjacent to travelways as required by LDR Section 4.6.16(E)(3). The provision
of curbing of the existing landscape islands and strips has been made a condition of
approval.
Planning and Zoning Board Staff Report
Conditional Use Modification - Lake Ida Church of Christ
Page 7
Community Redevelopment Aqency:
The Community Redevelopment Agency considered the conditional use modification at
its meeting on July 25, 2002 and recommended approval.
Site Plan Review and Appearance Board:
If Conditional Use Modification approval is granted, a full site plan modification submittal
will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan
Review and Appearance Board). The site plan must accommodate concerns raised
through the conditional use petition and address the issues identified in this report.
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's and civic
associations:
Delray Lakes Association
Lake Ida Homeowners Association
Poinciana Heights
NW Community Improvement
Association
PROD (Progressive Residents of
Delray)
President's Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The conditional use modification request is to construct a new 12,333 square foot
sanctuary to accommodate an increase of the seating capacity from 400 seats to 600
seats; and, conversion of the existing sanctuary to a fellowship hall. Concerns with
respect to traffic may be mitigated by the provision of left turn lane on Roosevelt Avenue
and the provision of traffic enforcement personnel during the hours of operation on
Sunday morning and on special events. The proposed conditional use is consistent with
the policies of the Comprehensive Plan and Chapter 3 of the Land Development
Regulations. A positive finding with respect to LDR 2.4.5(E)(5) (Conditional Use
Findings) can be made provided that the concerns noted herein are addressed with the
submittal of the site plan.
Planning and Zoning Board Staff Report
Conditional Use Modification - Lake Ida Church of Christ
Page 8
Co
Continue with direction.
Recommend approval of the conditional use modification request for Lake Ida
Church of Christ, based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of
the Land Development Regulations, and the policies of the Comprehensive Plan
subject to conditions.
Recommend denial of the conditional use modification request for Lake Ida
Church of Christ, based upon a failure to make positive findings with respect to
compatibility.
Recommend approval of the conditional use modification request for Lake Ida Church
of Christ, based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the policies of the Comprehensive Plan, subject to the
following conditions:
That a site plan be submitted that is in general conformance with the sketch plan
and addresses the concerns and technical items contained within this report and
attached as Appendix A.
2. That the seating capacity is limited to 600 people.
3. With the introduction of any educational or care uses such as an elementary school
or day care center, the parcel should be rezoned to CF (Community Facilities).
That approval be obtained from the Site Plan Review and Appearance Board to
construct a steeple above the height limitations permitted within the R-1-A zoning
district.
That the landscape buffer treatment associated with the approved Phase III of the
development (i.e. the area west of the main entranceway on Lake Ida Road) be
incorporated within the proposed site plan.
6. That a left turn lane improvement be provided on Roosevelt Avenue unless
justification is provided with new traffic data counts.
Planning and Zoning Board Staff Report
Conditional Use Modification - Lake Ida Church of Christ
Page 9
If warranted, Lake Ida Church of Christ shall provide a traffic enforcement personnel
to assist in the directing of traffic prior to and following Sunday morning worship
services.
Attachment:
Appendix"A"
Sketch Plan
Building Elevations
Floor Plan
Planning and Zoning Board Staff Report
Conditional Use Modification - Lake Ida Church of Christ
Page 10
APPENDIX "A"
1. Provide pavement markings depicting a two-way circulation within new parking lot.
2. Indicate the width '(typical) of the parking spaces within the new parking lot and
within the parking area being modified.
o
Per LDR Section 4.6.16(E)(3) landscape areas are required to be separated from
vehicular use areas from by a non-mountable curb. In addition to providing curbing
within the new parking lot, the provision of non-mountable curbing is required to be
provided within the existing parking lot.
4. Landscape islands must be a minimum of 5' excluding curbing.
5. Each handicap accessible parking space south of the existing sanctuary building
must abut an access panel. Restripe to provide shared access panels.
That a photometric plan be submitted in accordance with the requirements of LDR
Section 4.6.8. The location of light poles shall be noted on the site and landscape
plans.
9. Dimensions for parking areas on the east portion of site and right-of-way for
Roosevelt Avenue must be indicated on the plans.
10. Safe sight triangles should be indicated.
11. Sign location should be indicated.
12. Extend the walkway from the entrance at the new sanctuary to connect to the
sidewalk along Lake Ida Road.
13. On the elevation plan note that the finished floor elevation is established 18" above
the crown of the adjacent roadway.
14. An additional fire hydrant may be required adjacent to the new sanctuary. This will
be further addressed during the site plan review process.
I
IIIII I I III ~111"i 114_~i
, I11~
I!11 -
1
:1
J!Jl!liJl'l!tl
III
TO: DAV, IO T. HARDEN, .CITY MANAGER
THRU: PAU_LDORLI TOR OF PLANNING AND ZONING
FROM: ROBERT G. TEFFT, PLANNER
SUBJECT: MEETING OF SEPTEMBER 3, 2002
CONDITIONAL USE REQUEST TO ESTABLISH A MONUMENT AND
ORNAMENTAL STONE CUTTING FACILITY FOR GRANITE & MARBLE
DESIGNS~ WHICH IS LOCATED AT THE NORTHEAST CORNER OF
CONGRESS AVENUE AND DR. CAROL KROL WAY.
A Conditional Use request is sought to establish a monument and ornamental stone cutting
facility for Granite & Marble Designs. The subject property is Parcel A of Lembo-Lupo Park of
Commerce, and is 1.18 acres. The property is zoned Mixed Industrial and Commercial (MIC)
and contains an existing 14,400 square foot industrial building with associated parking areas
developed in 1984. The subject use will occupy the southern two (2) bays of the structure.
Additional background and analysis can be found in the attached Planning and Zoning Board
Staff Report.
At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing in
conjunction with review of the request. No one from the public spoke on the item. The Board
voted 6-0 to recommend that the Conditional Use request to establish a monument and
ornamental stone cutting facility for Granite & Marble Designs be approved, based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land
Development Regulations, and policies of the Comprehensive Plan, subject to the condition that
there is no outdoor storage of material and that no element of the stone cutting business be
conducted outside.
By motion, approve the Conditional Use request to establish a monument and ornamental stone
cutting facility for Granite & Marble Designs based upon positive findings with respect to
Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations,
and the policies of the Comprehensive Plan subject to the condition that there is no outdoor
storage of material and that no element of the stone cutting business be conducted outside
Attachments:
[3 Planning and Zoning Board Staff Report
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 19, 2002
IV. C.
Conditional Use Request to Allow the Establishment of a Monument and
Ornamental Stone Cutting Facility for Granite & Marble Designs, Located Within the
321 Delray Plaza Building, fka Sera Building (Quasi-Judicial Hearing).
GENERAL DATA:
East:
South:
West:
Existing Land Use .......................
Proposed Land Use ....................
Owner ......................................... Symbion Investment Corp.
Applicant ..................................... Granite & Marble Designs,
Inc.
Agent .......................................... John Furtado
Location ...................................... Northeast Comer of Congress
Avenue and Dr. Carol Krol Way.
(321 North Congress Avenue)
Property Size .............................. 1.184 Acres
Future Land Use Map ................ CMR (Commerce)
Current Zoning ............................ MIC (Mixed Industrial &
Commercial)
Adjacent Zoning ................ North: MIC (Mixed Industrial &
Commercial)
MIC (Mixed Industrial &
Commercial)
MIC (Mixed Industrial &
Commercial)
MIC (Mixed Industrial &
Commercial)
Mixed Industrial &
Commercial building.
Establishment of a monument
and ornamental stone cutting
facility for Granite & Marble
Designs, Inc.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
IV. C.
The action before the Board is making a recommendation to the City Commission on a
request for Conditional Use approval to establish a monument and ornamental stone
cutting facility (Granite & Marble Designs), pursuant to Section 2.4.5(E).
The subject property is located at the northeast corner of Congress Avenue and Dr.
Carol Krol Way (321 Congress Avenue).
The subject property consists of Lembo-Lupo Park of Commerce, Parcel A, and is 1.18
acres. The property is zoned Mixed Industrial and Commercial (MIC) and contains an
existing 14,400 square foot industrial building with associated parking areas developed
in 1984.
In 1996, a site plan modification was approved administratively to install two (2)chlorine
storage tanks with an associated enclosure along the east side (rear) of the property for
a pool maintenance business. The proposed tanks and enclosure were never installed.
On July 5, 2002, an application was submitted to establish a monument and ornamental
stone cutting business within the southern two (2) bays of the structure, and is now
before the Board for action.
The development proposal involves the conversion of two (2) bays totaling 3,200
square feet to accommodate a stone cutting facility. As the structure and all attendant
facilities (parking, drainage, utilities, etc.) are currently in place, no improvements are
proposed with the petition.
Granite and Marble Designs, Inc. is a stone working company which fabricates kitchen
counter tops, bathroom vanity tops, and other items. The proposed facility will process
finished slabs of granite, marble, and other stone into these items. The stone slabs are
delivered, cut, ground, and polished to their desired shape and texture. The slabs will
be stored and processed within the existing structure and there will be no outside
storage or activities. A water reclamation system will be installed within the bay with
two (2) wall-mounted holding tanks connected to a well with pump located beneath the
concrete floor. Approximately 1,200 square feet will be devoted to work area, 800
square feet to office/showroom, and 1,200 square feet to general storage.
The applicant has indicated that the facility will have two (2) employees, and will
operate between 8:00 A.M. and 6:00 P.M., Monday through Saturday. The facility will
not operate on Sundays.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development
Regulations (LDR), prior to approval of development applications, certain
Planning & Zoning Board Staff Re[.
Conditional Use Request for Monument and Ornamental Stone Cutting (Granite & Marble Designs)
Page 2
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, the staff report, or minutes.
Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to consistency with the Future
Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the LDR.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a FLUM designation of Commerce (CMR) and a zoning
designation of Mixed Industrial and Commercial (MIC). The MIC zoning district is
consistent with the FLUM designation of CMR. Pursuant to LDR Section 4.4.19(D)(5)
within the MIC zoning district, a monument and ornamental stone cutting facility is
allowed as a Conditional Use. Based upon the above, a positive finding with respect to
consistency with the FLUM can be made.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The development proposal consists of the introduction of a new industrial use into an
existing industrial structure. Traffic volumes and solid waste associated with the
proposed stone cutting operation will be similar to that generated by the previous
industrial operation (retail tile/granite/marble sales). No additional demand for any
services or facilities will be created by this development proposal.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the goals, objectives, and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives or policies were found.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The following zoning designations and uses border the property:
Planning & Zoning Board Staff Rep
Conditional Use Request for Monument and Ornamental Stone Cutting (Granite & Marble Designs)
Page 3
Direction: Zoning: Use:
North MIC Vacant
South MIC Retail-Wholesale (Noland - plumbing)
East MIC Vacant Industrial Building (formerly Artic Ice)
West MIC Vacant and Office (Wiznet - computer services)
(Across Congress Ave.)
The proposed stone cutting use will be located within an existing industrial building in
an existing industrial area. No exterior changes to the site, outside uses, or outside
storage are proposed. Any outside storage would result in a reduction in parking. In
order to ensure that no storage or stone cutting is conducted outside of the subject bay,
a prohibition upon these uses it is attached as a condition of approval.
The front of the building (facing Congress Avenue) will retain its storefront appearance.
All loading will occur on the east side of the existing structure and will not be visible
from Congress Avenue. As the proposed stone cutting will be within the existing
industrial building, there is no concern as to compatibility with the developed properties
to the south and east or with the vacant properties to the north and west. Based upon
the above, the proposed use will not have an adverse impact on the surrounding area
nor will it hinder development or redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The proposed Conditional Use does not include any changes to the site plan. The site
was designed pursuant to the development standards in place in 1984 and was
constructed within that same year. The site complies with current development
standards with respect to parking, landscaping, and building height requirements;
however, the site does not comply with respect to open space, the special landscape
setback along Congress Avenue, and the side street building setback.
Both deficiencies are related to a change in development standards between the
original development (1984) and the present. Currently, LDR Section 4.3.4(K) requires
the provision of 25% non-vehicular open space and a side street setback of 25'. The
development standards in effect at the time of building construction required a side
street building setback of 15' and no specific provision of open space. Upgrading the
site to meet current development standards is not practical as it would require the
redesign of the entire site. This development proposal will not exacerbate the existing
conditions, and will have no impact on open space or the existing building setbacks.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and CRA (Community Redevelopment Agency).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
· Chatelaine · P.R.O.D.
· Delray Shores · Rainberry Lake
· President's Council · Rainberry Bay
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting.
The proposed conditional use for Granite & Marble Designs will not increase the current
intensity of the site. The development proposal is consistent with Chapter 3 of the Land
Development Regulations and the policies of the Comprehensive Plan. Also, positive
findings with respect to LDR Section 2.4.5(E)(5) Conditional Use Findings, can also be
made as the proposal will not have an adverse impact on the surrounding area nor will
it hinder development or redevelopment of nearby properties, provided there are no
outside storage or other outdoor business activities conducted in association with the
business.
Continue with direction.
Recommend approval of the conditional use request for monument and
ornamental stone cutting for Granite & Marble Designs based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and
the policies of the Comprehensive Plan subject to conditions.
Recommend denial of the conditional use request for monument and
omamental stone cutting for Granite & Marble Designs based upon a failure
to make positive findings with respec, t to Section 2.4.5(E)(5) (Conditional Use
Findings) of the Land Development Regulations, that the proposed use will
hinder development or redevelopment of nearby properties.
Recommend to the City Commission approval of the conditional use request for
monument and ornamental stone cutting for Granite & Marble Designs, based upon
positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies
of the Comprehensive Plan, subject to the condition that there is no outdoor storage of
material and that no element of the stone cutting business be conducted outside.
Attachments: · Survey of Subject Property
· Floor Plan
Staff Report Prepared by:
Robert G. Tefft, Planner
-- ~ " ~-----'~'*'L .... ,
~ '""':' ~ I
I
!
·' ~ ' !~ !1 ' ii,
.... ~' ,.___.4,.~o ~ '1~, '~
~ ...... '/(,~a- ~'- .... L. ~'/ ..... :*" ',¢~r~-~ --- *~ ·
....... .-= '~..~.:~ . -, .... -- ............. .
- .,~,,/~'~ :" "~ ~1 · %"~"% ....... _ ......
'o-~ _ ~.~ .... ~- ..................... ~--- ........ _ ]
, l ~ ~ .................. _~--~_- - · .--- .. ~_.--~ .........
, , ' ,-'~'c.'-t,'/d., ,.~.a.'.%¢' ..a~_~-..
· '------:--- *.,..,_ ,-*..- . ,.:. ... ,,n,,.~,, . .~.,,.. -, :.x.,**:' :'**, ' ~7.--:,~'~ ' "" ' *~)"~"-"-'"-"--*~-' - --'~ -~ :~'-~"~',~*"**" ~' *':' '
6U!)lJed Je~t
8
O g I '
t~uplJed ],uoJ.:l
9nug^v SS'~J6UOO
DELRAY BEACH
1993
2001
TO:
FROM:
100 N W. lst AVENUE
David T. Harden
City Manager
~ert A. Barcinski
· ~r Assistant City Manager
DELRAY BEACH. FLORIDA 33444
561/243-7000
DATE: August 28, 2002
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 3~
2002 SPECIAL EVENT REQUEST - CHILDREN'S HOPE 5K
WALK/RUN
ACTION
City Commission is requested to endorse the 1st 5k Walk/Run sponsored by the Children's Hope
Foster Parent Association to be held on April 13, 2003 from 7:30 a.m. to approximately 1:00
p.m. Commission is requested to grant a temporary use permit per LDR's Section 2.4.6 (H) for
the use of sidewalks along Ocean Boulevard and Anchor Park and to authorize staff support for
traffic control.
BA CKGR 0 UND
Attached is a letter from Kathy Carter, Program Director for Children's Hope with an event
budget. Proceeds from the event will help support services for foster children and the families
who care for them.
The event is a proposed 5K Walk/Run that would utilize the sidewalks along Ocean Boulevard.
Registration, race start and ending point, exhibitors and music would be located at Anchor Park.
They are requesting set up and use of the small stage, as well as Police Assistance for traffic
control. The event sponsor would manage the event, handle registration and provide trash clean
up. The stage can be set up on regular hours and barricades will be provided for their use to
secure the parking lot. The estimated overtime costs for this event is approximately $125.00 for
a police officer. This is a first time event.
RE COMMENDATION
Staff recommends approval of the event and providing assistance as required contingent on the
event sponsor paying any overtime costs and receipt of a certificate of liability insurance and a
hold harmless agreement.
RAB/tas
File u. sweeney/events
Doc Children's Hope 5K Walk Run
Prtnted on Recycled
THE EFFORT ALWAYS MATTERS
Sent By: Ch.lldrens Hope;
5615866521; Ju[-31-02 10:05AM; Page 2/2
hildren's
A FOSTER PA, RENT ASSOCIATION
5913 S, Dixie Highway, 2.d Rom 170 S. Badield Hwy,
West Palm Beach, FL 33405 Pahokee, FL 33476
561-586-5220 561-924,,3323
561-588-6521 fax 561-924.3324 fax
ernall: foste~fdn.com 800-870-3238
pleil',m/j.,~dress: P,O, Box 6598~ Wm~t, I~,,m Beach~ FL 33405
July 30, 2O02
Mr. Rol~t SarclnM(i
100 N, W. ld, Avenue
Delray Beaoh, FL 33444
Dear Mr. Barclnskl,
in recognition of National Foster Parent Appmcla'don Month, Children's Hope would like to present its First
Annual 5K Walk/Run on Sunday April 13, 2003 or April 20, 2003. We have adectecl two dales, allowing you
to <;hoose whioh date would be best for OelraT, eitha' date works well for our agency, The rou~. would have
walkem travel on the Nofl:hboaxl sidewalk un~l it ends at Bear, h D~ve. They will tfmn rum around and
conUnue walldng SoutNx~nd on the sidewalk. Staging ~ the event would occur at Anchor Park,
Children's Hope ~y requests that the City Commission eadorae our First Annual 5K Walk/Run and
grant a temporary use permit for the use of Anchor Park and Ihe Northbound and Soulhbamd ~valks
along AIA. Regislration would begin at 7:30a.m. a~l the 5KWalk/Run .woad start at 9:00a. m, Ali aoth~m
will conclude by 1:00p.m. Activilies would tndude wetness exhibitors, music and a Kid's Area complete with
{ look torward to tv,~ring f~om you soon '~d~ a favorable ~. Should you have questions, I ~n ~
reached at (561) 586-5220 oryou can speak to Roi)in Coven at (561) 394-2034. On behalfof our Board of
Direck)m, our staff and the children and families who will bene~t from your support, I thank you for
cormldedng thb request,
TODAY'S FOSTE¢[ GHILDREN, TOMORROW'S LFADERS
A FOSTER PARENT ASSOCIATION
5913 S, Dixie Highway, 2.~ Roor
West Palm Beach, FL 33405
561-586-5220
561-586-6521 fax
email: fosterl~,fdn com
170 S. Ba~eld Hwy.
Pahokee, FL33476
561-924-3323
561-924-3324fax
800-870-3238
Revenuee
300 walk runners
Raffle
Sponsors
Total;
Expenses
Brochures
T-Shirts
Postage
Paper/Envelopes
Food
Gatorade
Napkins
Run Numbers/Pins
Police
Port-O-Lets
Miscellaneous
Total:
Net:
X
$20.00 registration fees
1 ticket =1 dollar x 300
in-kind
in-kind
in-kind
$6000.00
$300.00
$5000.00
Sll.400.00
$0.00
$1500.00
$300.00
$100.00
$0.00
$0.00
$50.00
$300.00
$100.00
$175.00
$100.00
$2.625.00
, }8,776..0.0
TODAY'S FOSTER CHILDREN, TOMORROW'S LEADERS
SEk¥1CES
CC'JJNCIL
TARG
C, hikirm's Fund
& FAMILIES
Children's
A FOSTER PARENT ASSOCIATION
5913 S Dixie Highway, 2~ Floor 170 S. Barfield Hwy.
West Palm Beach, FL 33405 Pahokee, FL 33476
561-586-5220 561-924-3323
561-586-6521 fax 561-924-3324 fax
emal: fosterl~,,fdn.com
800-870-3238
May 30, 2002
David Harden, City Manager
100 N.W. 1 ~t Avenue
Delray Beach, FL 33444
RECEIVED
JUN 0
CITy
Dear Mr. Harden,
I would like to introduce myself to you and tell you a little about our agency. I am
Robin Coven, a board member of Children's Hope. Our agency is a non-profit,
501 C-3 incorporated in 1986. We provide educational and supportive services; including
residential care, to foster children and their families throughout Palm Beach County.
Per this letter, I would like to make you aware of our desire to have our first Annual
Children's Hope Walk/Run in Delray Beach on Sunday, April 13th or Sunday, April 20~ of
2003. I have recently discussed our hopes regarding this event with Tracey from your
office.
Currently, we are exploring all the necessities of making this event a groat success. We
will be in touch with you once our plans are more concrete.
Should you have any questions regarding Children's Hope or our proposed Walk/Run,
please contact me at (561) 251-3220, or our Executive Director, Scott Huffman at (561)
586-5220 ext 4. All of us here at Children's Hope look forward to working with you and
your staff in our favorite Ali-American City.
Sincerely,
Robin Coven
Board Member
TODAY'S FOSTER CHILDREN, TOMORROW'S LEADERS
Children's Fund
& FAMILIES
TO:
THRU:
FROM:
SUBJECT:
D~(~ H/~~ITY MANAGER
PAUL DORL[NG, DIIRECTOR OF PLANNING & ZONING
S OC~'~ AR~ARKING MANAGEMENT SPECIALIST
MEETING OF SEPTEMBER 3, 2002 - REGULAR AGENDA
REVIEW A REQUEST FROM THE MERIDIAN FOR THE PURCHASE OF SlX (6)
IN-LIEU PARKING SPACES
The Meridian is a proposed mixed use development located on the 300 Block of SE 6th Avenue (Federal
Highway Northbound) consisting of 22 townhomes and approximately 22,228 square feet of office space
located on the ground level.
Pursuant to Land Development Regulations (LDR) Section 4.6.9(C)8 the development requires the
provision of 111 on site parking spaces. The proposed site plan provides 105 on site parking spaces.
Therefore, the applicant is requesting the purchase of six (6) in-lieu parking spaces at a cost of twelve
thousand dollars ($12,000) each, totaling seventy two thousand dollars ($72,000), to be paid in full at the
time of submission of a building permit application.
LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees due, where adequate right-of-way exists
adjacent to a proposed project the applicant must construct additional on-street parking. Parking along
SE 6th Avenue adjacent the property is currently permitted. The current configuration of the street
consists of several curb cuts that allowed access to the various small businesses along the avenue. Staff
visited the site and has determined that with the reconfiguration of the curb cuts 28'6" of previously non-
available parking area will be converted to available parking creating one (1) new space. Additionally, the
applicant is under contract for an adjacent parcel to the southeast of the subject property to provide
additional parking. This parcel will require a Future Land Use Amendment in addition to rezoning. These
processes might not be completed prior to the applicant's submission for a building permit. An agreement
will be entered into granting the applicant a reimbursement of the in-lieu fees if construction of additional
parking on the newly acquired parcel occurs. The City Attorney's Office is preparing the agreement which
will be presented to the Commission at a later date.
The Parking Management Advisory Board at their meeting of August 27, 2002 unanimously
recommended approval of the applicant's request.
By motion, approve the request from The Meridian for the purchase of six (6) In-Lieu Parking Spaces in
the amount of seventy two thousand dollars ($72, 000).
TO:
THRU:
FROM:
SUBJECT:
MEETING OF SEPTEMBER 3, 2002 - REGULAR AGENDA
REVIEW A REQUEST FROM THE SANDERSON BUILDING
PURCHASE OF FIVE (5) IN-LIEU PARKING SPACES
FOR THE
The Sanderson Building is a commercial establishment containing a restaurant and office space located
at 630 East Atlantic Avenue. The proposal includes an addition of 900 square feet to accommodate the
relocation of the kitchen for an existing restaurant allowing more restaurant seating and the addition of a
lobby area for the offices on the second floor. Pursuant to Land Development Regulations (LDR)
Sections 4.4.13(G)(1)(a) and (d) the restaurant expansion of approximately 432 square feet, calculated
at 6 spaces per 1000 square feet, combined with the lobby expansion of approximately 468 square feet,
calculated at 1 space per 300 square feet, requires 5 new parking spaces.
The applicant is unable to provide the required spaces on site and is requesting the purchase of five (5)
In-Lieu Parking Spaces pursuant to LDR Section 4.6.9(E). The cost per space in the area is twelve
thousand dollars ($12,000), for a total of sixty thousand dollars ($60,000), to be paid in full at the time of
submission of a building permit application.
LDR Section 4.6.9(E)4(a)(1), Off-Site Parking, establishes 300' measured along an acceptable
pedestrian route as an acceptable distance for alternate parking. Using this criteria the Gladiola Lot
approximately 250' away, with a capacity of 75 spaces, is the nearest available municipal parking lot for
visitors to the subject property. An additional 34 parking spaces are available in the Village Lot located
approximately 350' from the subject property.
Although the additional square footage for the lobby expansion requires the provision of extra parking, it
is common area and will not generate additional trips to the site. With regards to the restaurant
expansion, the trips generated will presumably be in the evening hours after the offices have closed.
While the municipal lots are heavily utilized during the morning and afternoon additional capacity is
available in the evening when the demand from the restaurant will be created.
The Community Redevelopment Agency at their meeting of August 8, 2002, and the Parking
Management Advisory Board, at their meeting of August 27, 2002 both recommended approval of the
request.
By motion, approve the request from the Sanderson Building for the purchase of five (5) In-Lieu Parking
Spaces in the amount of sixty thousand dollars ($60,000).
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~l~_,~(~.~.,
AGENDA ITEM l! - REGULAR MEETING OF SEPTEMBER 3. 2002
PROPOSED FY 2003 MAXIMUM RATES FOR LAKEVIEW GOLF COURSE
AUGUST 30, 2002
This is before the Commission to consider approval of the maximum rates proposed for FY 2003 for
the Delray Beach Lakeview Golf Course. On August 27, 2002, there was consensus to approve the
proposed rates.
The proposed rate schedule is attached along with a rate comparison for other like golf courses.
Changes proposed for all fees range from zero percent (0%) to 7.5% for league walking rates (April 21
to November 14). Proposed rate increases are varied, based on market conditions, and are in line
with other comparable courses. This course is price sensitive.
Recommend approval of the proposed rates for the Lakeview Golf Course.
&\City Clerk\chevelle fokle~\agenda nmnxn\FY 2003 Lakewew Golf Course.09.03.02
NI-AmedcaCity
1993
2001
flElqfl¥ BER[H
100 N W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
MEI ORAI DUI I
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
Robert A. Barcinski
Assistant City Manager
August 20, 2002
AGENDA ITEM
2002 PROPOSED
CITY COMMISSION WORKSHOP AUGUST 27,
FY 2003 MAXIMUM RATES - LAKEVIEW
GOLF COURSE
ACTION
City Commission is requested to review and provide staff direction for maximum rates
proposed for FY 2003 for the Delray Beach Lakeview Golf Course.
BACKGROUND
Attached is the proposed rate schedule for the Lakeview Golf Course along with a rate
comparison for other like golf courses. Changes proposed for all fees range from 0% to
7.5% for league walking rates (April 21 to November 14). Rate increases proposed are
varied and are based on market conditions. Fees proposed are in line with other
comparable courses. This course is price sensitive.
RECOMMENDATION
Mr. Dubin and his staff will be available for any questions.
RAB/tas
Ftle u:sweeney/agenda
Doc 2003 rates lakevtew golf course
Prtr~ted on Recycled
THE EFFORT ALWAYS MATTERS
O0
m
z
0
o
o
o
oo
m
:~
Ill
0 O0
0 m
Co Z
ill .-~
C~
I'0 --~
0-1~
0 0'~
0 0
o o
m
I',0 .-~
I~0~
~ 0
0 0
oo
oo
Z
m
z
-t
m
ITl
0
o
o
I~
m
o o oo o oo oo 0
~ o ~o o ~o bo
o o oo o oo oo
-0 Z
~ 0
0 z
'O '
O
6'3 m
rn
ITl
Z
ITl
Z
lake,dew Golf Club
Golf Course Survey
GOLF COURSE SURVEY..,I ........ ' .. ..... . ..... .~ .... ~ ...............................
EXECUTIVEr~,t,~ ,re GOLF COURSES __'
u~,.,.,~?.?.~. - ----- ,_z*~==,::~.~ -""" --r""-.._ ! ..... I ............? ......T ...........
(AU
~'~~ [ ,~K~IEW ~BO~ ~XECUT~ ~DEL~Y C.~j~--' SHERW~D
1~11/01 -4/1~02 ,"
~ ,5 28.00 ~ , $. 27.00 ~ $ ~.~
I , / '
~15102- 11/11/02 ' ~ [ * , --
RESI~NT L ' $ 13.75 ~~ 15.00 ~$ 16~ 1 $ 15.~
~'h~g] ................... r~ '~[~'T~ -
........ She~
RE~ ........ ]-{ '10.00 /
9.50
9 50
walking
· .__at any
time.
RATE0102.XLS
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM (~ ~
PROPOSED FY 2003
GOI, JRSE
- REGULAR MEETING OF SEPTEMBER 3. 2002
MAXIMUM RATES FOR MUNICIPAL GOLF
AUGUST 30, 2002
This is before the Commission to consider approval of the maximum rates proposed for FY 2003 for
the Delray Beach Municipal Golf Course. On August 27, 2002, there was consensus to approve the
proposed rates.
The proposed rate schedule is attached along with a rate comparison for other like golf courses. Rate
increases are proposed for prepaid green fees, cart fees, daily green fees, bag storage, locker rental,
range balls, and charity cards. The prepaid fees rote increases average approximately three percent
0%) overall. Other golf rate increases range from zero percent (0%) to 11.1% and are based on
market conditions. Golf fees, with the exception of prepaid green fees, are in line with other golf
COUrSes.
Recommend approval of the proposed rates for the Municipal Golf Course.
S:\City Clerk\chevelle folder\agenda memo~\FY 2003 Mumcipal Golf Course.09.03.02
DELRAY BEACH
NI-AmericaCity
1993
2001 ~O:
FROM:
ER£H
AVENUE
MEI OP DU
David T. Harden
City Manager
Robert A. Barcinski
Assistant City Manager
DELRAY BEACH, FLORIDA 33444 561/243-7000
DATE:
August 20, 2002
SUBJECT:
AGENDA ITEM CITY COMMISSION WORKSHOP AUGUST
27~ 2002 PROPOSED FY 2003 MAXIMUM RATES - MUNICIPAL
GOLF COURSE
ACTION
City Commission is requested to review and provide staff direction for maximum rates
proposed for FY 2003 for the Delray Beach Municipal Golf Course.
BACKGROUND
Attached is the proposed rate schedule for the municipal course along with a rate
comparison with other municipal courses. Increases in rates are proposed for prepaid
green fees, cart fees, daily greens fees, bag storage, locker rental, range balls, and charity
cards. Rate increases for prepaid fees average about 3% overall. Other golf rate increases
range from 0% to 11.1% and are based on market conditions. Golf fees, except for
prepaid green fees, are in line with other golf courses.
RECOMMENDATION
Mr. Dubin and his staff will be available to answer any questions.
RAB/tas
File 'u'sweeney/agenda
Doc 2003 rates muntcipal golf course
Pr/nted on Flocyc/ed r~a!3er
THE EFFORT ALWAYS MATTERS
GOLF COURSE SURVEY
MUNICIPAL GOLF COURSE
(ALL RATES ARE BEFORE TAX)
2001102 2001102 2001102 2001102 2001102 2002/03
~AME OF COURSE BOCA BOYNTON WEST PALM NORTH PALM PALM BEACH DELRAY
MUNICIPAL MUNICIPAL BEACH BEACH GARDENS BEACH
?ERMIT SINGLE RES. 750.57 600 816.00 1001.00 915.09 1066.50
SINGLE NON RES. 1151.50 NIA 1079.00 1607.00 1094.34 2114.70
=AMILY RES. 1237.50 NIA NIA 1714.00 1415.09 1696.00
FAMILY NON RES. 1833.50 NIA NIA 2828.00 1580.19 2676.50
,RANGE BALLS 2.8314.25 3.77 4.72 1.89/7.55 2.83/4.72 5.19
PULL CARTS 3.30 2.36 3.77 N/A 3.30 3.54
.CART FEE SEASON
18 HOLE RES. 17.9; 16.04 12.26 14.15 15.09 14.15
18 HOLE NON RES. 22.17 12.26 12.26 14.15 12.26 14.15
GREEN FEE SEASON
12/21 - 4/13
18 HOLE RES. 38.68 36.79 33.96 36.79 36.79 21.70
18 HOLE NON RES. 52.50 25.47 33.96 58.49 44.34 39.62
~PRIL, NOV. - DEC.
18 HOLE RES. 41.00 18.87 12.26/33.96 17.45 21.23 18.87
18 HOLE NON RES. 49.54 18.87 12.26/34.20 35.14 27.83 28.30
.~ART FEE OFF SEASON
18 HOLE RES. 14.62 12.08 12.26 14.15 15.09 12.74
18 HOLE NON RES. 18.40 9.43 12.26 14.15 12.26 12.74
.~REEN FEE OFF SEASON
18 HOLE RES. 25.00 20.75 9.43 26.42 9.43 6.78
18 HOLE NON RES. 31.6( 12.26 11.56 26.42 13.21 11.03
NALKERS SEASON
12/21-4/13
9 HOLE RES. 19.3z 11.32 12.26 13.54 6.60 14.15
9 HOLE NON RES. 23.58 15.57 24.76 24.06 8.49 26.42
~.PRIL, NOV. - DEC.
9 HOLE RES. 19.3~ 11.32 29.25 11.32 7.08 11.32
9 HOLE NON RES. 23.58 11.79 29.25 21.70 8.73 19.81
YALKERS OFF SEASON
9 HOLE RES. 11.79 7.55 11.56 8.02 6.60 6.14
9 HOLE NON RES. 14.39 7.55 11.56 11.32 8.49 8.97
~APITAL
MPROVEMENT FUND NI.a 0.47 3.00 1.00 NIA 1.41
9 HOLE PERMIT
WALKER - ALL YEAR 0.00 0.00 2.83 1.00 2.36 1.65
3AG STORAGE 66.04 70.75 75.00 75.47 N/A 80.00
~.HARITY CARD RATE 19.81 N/A 18.87 23.58 20.75 21.70
;OMBINED RATE - RIDING
lAN - MARCH RES. 38.68 36.79 46.23 38.68 ' 36:79 35.85
NON RES. 49.54 37.73 NIA 58.49 44.34 53.77
~OV., DEC., & APRIL RES. 38.68 36.79 46.23 31.60 36.79 33.00
NON RES. 49.5~ 36.79i N/A 49.29 44.34 43.40
~AY - OCT. RES. 25.00 20.75 21.70 28.87 21.70 20.28
NON RES. - 33.50 21.69 N/A 36.79 25.47 24.53
u:~puente~gcsurvey.xls Q Sheet1
DELRAY BEACH
NI-/tntedcaCity
1993 TO:
2001
FROM:
Ioo N.W 1st AVENUE
MEMORANDUM
David T. Harden
City Manager
/~obert A. Barcinski
ssistant City Manager
DELRAYBEACH, FLORIDA 33444 561/243-7000
DATE: August 28, 2002
SUBJECT: AGENDA CITY COMMISSION MEETING SEPTEMBER 3, 2002
APPROVAL TENNIS CENTER - MEMBERSHIP RATES FY 2003
Ac~on
City Commissionis requested to approve revised proposed Tennis Centerratesfor FY
2003.
Background
Attached are proposed rate increases for the Tennis Center for next year. The
proposed rate increase for court fees is from 0% (for juniors) to 10%. Proposed rate
increases for memberships range from 0% (in the afternoons when play is Iow) to 6.0%.
All rate increases proposed are based on market conditions. Attached are copies of the
proposed rate changes and rate comparisons with other facilities. Rates have been
revised to include a rate schedule for Highland Beach residents and a rate reduction for
juniors.
Recommendation
Staff recommends approval of the revised rate schedule fur the Tennis Center for FY
2003.
RAB:tas
File:u:sweeney/agenda
Doc: 2003 rates tennis center
Prlnted on Recycled
THE EFFORT ALWAYS MATTERS
REVISED
8/28/02
DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2002-2003
PROPOSED MAXIMUM MEMBERSHIP RATES
TYPE OF ANNUAL MEMBERSHIP (1011102.9130103):
EXISTING
PROPOSED
RESIDENT
SINGLE $ 265.00 $ 275.00
FAMILY $ 400.00 $ 415.00
JUNIOR $ 50.00 $ 50.00
HIGHLAND BEACH RESIDENT
SINGLE $ 350.00 $ 375.00
FAMILY $ 500.00 $ 525.00
JUNIOR N/A $ 75.00
NON-RESIDENT
SINGLE $ 450.00 $ 475.00
FAMILY $ 625.00 $ 650.00
JUNIOR $ 100.00 $ 100.00
% INCREASE
3.78%
3.75%
0.00%
7.14%
5.00%
N/A
5.575%
4.00%
0.00%
TYPE OF SUMMER MEMBERSHIP ($11103-9130103):
EXISTING
PROPOSED
RESIDENT
SINGLE $ 110.00 $ 115.00
FAMILY $ 170.00 $ 180.00
JUNIOR $ 35.00 $ 35.00
HIGHLAND BEACH RESIDENT
SINGLE N/A $ 150.00
FAMILY N/A $ 225.00
JUNIOR N/A $ 45.00
NON-RESIDENT
SINGLE $ 175.00 $ 185.00
FAMILY $ 250.00 $ 265.00
JUNIOR $ 55.00 $ 55.00
% INCREASE
4.55%
5.88%
0.00%
N/A
N/A
N/A
5.72%
6.00%
0.00%
NOTE: MEMBERSHIP RATES LISTED ABOVE DO NOT INCLUDE 6% FLORIDA
SALES TAX.
FAMILY -- HUSBAND, WIFE AND CHILDREN EITHER UNDER THE AGE OF 18 OR UNDER THE
AGE OF 21 AND ATTENDING SCHOOL ON A FULL-TIME BASIS.
REVISED
8/28/02
Di~LILAY BEAL~ TENNIS CENTER- FiScAL YEAR 200~-2003
PROPOSED MAXIMUM DALLY RATES
COURT TtMI~S:
MORN~O/EV~NiNo
COURT TIMES:
AFrE~OO~
EXls~o PimPOS~-D
Ct'tV i~Slt)t~l, rts
ADOLT~ ~3o ~.~ 3.34 $6.00
]ONIo~S $~.0o t~.O0 o.oo ~330
116.00 0.00
$~ 30 0.o0
ADOLTS ~93o ~9.'B 2.64
Jl.~qlOt~ ~6.~0 ~'~.00 7.7 $430
11730 0.oo
$4.30 o.oo
ADULTS ~12.~o ~13.oo 4.o0 $930
~930 o.oo
$630 o.oo
MAY t - O(~7~f' 31 EXiSTINO PROPOSED YdNCi~ASE
EXISTING PROPOSED _%iNCREASE
CITY RI~SlDENTS
ADULTS ~'/.oo ~'/.25 3.~
RINIoP, S 113 30 $3 30 o.0o
~530 $~3o o.oo
$230 , 11~.5o o.oo
COt/~I~
IONIOI~ 11~.00 ~.o0 o.oo
$630 11630 o.oo
11330 ~;33o 0.oo
NON-ItI~Ittl~NT~
ADOLT~ ~i 1.00 ~11.~-~ 2.:2~
]ObtlOl~ ~.0o 11~.~-~ Z.~
~.0o 11N.oo o.oo
N~.oo 11~.oo o.oo
REVISED
8/28/02
DELRA¥ BEACH TENNIS CENTER- FISCAL YEAR 2002-2003
PROPOSED MAXIMUM OAiLY RATES
coURT i;EEs - BARD cotmTs (PE~ PERSON)
COURT TIMF.~:
COURT TIMES:
AFrEI~OON
NOV. l-APRIL 3o EXlsTtNG i,ROPOSF. D %~C~£
EX,STrinG PROPOSED
clT~ l~,St0~rts
ADtyLTS $5.00 $5.oo o,oo
R~NIORS $3.oo $3.oo o.oo
$4.00 $4.00 0.00
$2.50 $2.50 0.00
co~ ~mL=~rs
ADULTS $6.00 $6.oo o,oo
/t~oRS $3.oo ~3.oo o.oo
$5.00 $5.00 0.00
$3.50 $3.OO -14.35
NON-10~SlDENTS
ADULTg $'/.0o $7.00 o.oo
~.JlqlO~ fa.oo ~.oo o.oo
~6.oo $6.oo 0.00
$330 $3 30 o.oo
kt~¥ 1 - o~Tr 31 .~XiSTt~O Pl~oPos~t~ *Zd~C.~F,A~
Crl~ REStOENTs
AI~ULTS $:L5o $2.50 o.oo
R~IORS $o.0o $o.oo o.oo
COUNTY RESmENTS
ADULTS $3 30 $3.50 0.00
R/NiOi~ $2.00 $2.00 0.00
NoN-RESIDENTS
ADULTS $4.00 $4.00 0.00
JUNiOI~ $2.50 $2.50 o.oo
$2.50 ~2.50 0.oo
$0.00 ~ $0.00 0.00
$3.50 $3.50 0.00
$2.00 $2.00 0.00
$4.00 ~4.oo 0.0o
$2.50 $2.50 0.00
ALL PRICES iNcLLrDE 6% FLORA SALES TAX
REVISED
8/28/02
DELRAY BEACH TENNIS CENTER- FISCAL YEAR 2002-2003
PROPOSED MAXIMUM MISCELLANEOUS RATES
LIGHTS (1 IA iiOURS)
LOCK~ ~-l, rrAL 0doNx~Y)
LOCKF~ KENTAL (YEARLY)
BALL MACttlNE itENTAL
(pEi~ HOU~)
RACQUET RENTAL
EX~STINO ~ %I~¢P. EASE
$4.72 f~.72 o. oo
$10.00 ,, $10.00 0.00
$30.00 $30.00 0.00
$10.00 $10.00 0.00
N/C $5.o0 N/A
MI$CELLLANEOUS RATES DO NOT INCLUDE 6% FLORIDA SALES TAx
PRIVATE LESSON RATES:
Oh'~-tiALi: HOUR:
COUNTY lU~SiDENTS
NON-RESIDENTS
RmlOltS
O~ HOUI~
MEMBERS:
COUNTY RESIDENTS
NON-P.~SIDENTS
~'NIOi~
EX~STi~O ~ROPOSED ~n~ci~As~
$28.00 $30.00 7.15
~2.00 $J5.00 9.40
$3~.00 $3S.00 ~.57
$22.~ $2~.~ i3.65
$52.00 $54.00 3.85
$58.00 $60.00 3.45
$6~.00 $70.00 7.70
$40.o0 $42.oo 5.oo
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
MAYOR AN~) CITY COMMISSIONERS
CITY MANAGER ~
AGENb~ iTEM q.~ - RE(~I. IIJtR MEETING OF MARCH 5, 2002
HIGHLAND BEACH RESIDENTS/TENNIS CENTER RATES
MARCH 1, 2002
This is before the City Commission for consideration of a reduced non-resident membership rate at
the Del.ray Beach Tennis Center for Highland Beach residents. The rate will be reduced from $625.00
for families to $500.00 and from $450.00 for single to $350.00, provided that a minimum of 10 people
from Highland Beach have these memberships.
This is justifiable for two (2) reasons. The City of Dekay Beach has a long-standing relationship with
the City of.Highland Beach in providing fire/rescue and other services for them. In addition, because
the City of Highland Beach does not have a tennis facility, Highland Beach residents must join a
tennis facility outside of their city.
Recommend approval of reduced non-resident membership rate for Highland Beach residents.
S:\Cit7 Clerk\chevelle folder\q~'nch mernos\Highhnd Be'ach Tennis R~tes.03 05.02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY ODMMISSIONE RS
CITY MANAGER ~%~
AGENDA ITEM (~- REGULAR MEETING OF SEPTEMBER 3, 2002
APPOINTMENTS TO THE PUBLIC ARTS TASK FORCE
AUGUST 30, 2002
On August 20, 2002 Resolution No. 67-02 referencing the Public Arts Task Force was passed
and adopted. The Public Arts Task Force shall consist of nine members; four members being
Glenn Weiss, Nancy Davila, Joan Goldberg and Diane Hervey are requested to be ratified by
the City Commission and five members are to be appointed by the City Commission. The five
members being appointed shall include a layperson, artist, architect, landscape architect and
developer. The target date of accomplishing said task shall be April 1, 2003.
The following have submitted applications for comidemtion:
Dorothy Beck
Digby Bridges
Blane De St. Croix
Cary Glickstein
Sharon Koskoff
Richard McGloin
Lenore Morris
Carolyn Pendelton-Parker
Layperson
Architect
Artist
Developer
Artist
Layperson
Layperson
Landscape Architect
Based on the rotation system, the appointments for membership will be made by Commissioner
Perlman (Seat # 1), Commissioner Archer (Seat # 2), Commissioner Levinson (Seat # 3),
Commissioner McCarthy (Seat # 4) and Mayor Schmidt (Seat # 5). They Mayor shall appoint a
chair person from the membership.
Recommend ratification of Glenn Weiss, Nancy Davila, Joan Goldberg, Diane Hervey;
appointment of five (5) members to the Public Arts Task Force for a term ending April 1, 2003
and appointment of chair person.
Rue; ;';~ 0;~ 03:
. " CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
"~ H~)me Address: ' ~' ' '
3. Lrfal Rmi~cc: Ory State Z~p Code
4. pm~,.;p~r ]~utiness Address: " ' C.~ ...... State ' Zip Code
$. Hame Pbooe: Business Phone: ...... F.Hail Address: Ce.II Phone: F~x: .......
6. Ave you, res;Lstered voterP, l_fso, where a~e you .rc0stered? _
.............. 7. V~/ha~ Board(s) are you interested in serving.~ Please ~t iA order oflc)reference~///~/C ,,~'~,;~' ,:;~-~',~, ,~'~,,~-~'~'
8. List ,IJ Oty J3omh on wJ~ch you ese currm~' sefl-m8 or have prcvioudy served: (Please ieclude dates)
~,~,,~ .....
12. Desc~be ~. skills or Imms4edge ~ quafi~ you to re'ye on d~s bos~ (Pb~e amch ~ brZefremme)~
i hereby i:r.m f,/tbt ~ the Abo~ sutnnMn= m~ hue, and l ~ ~od imdmstzfld thtt mymbsutem~ of material ;acts
coAudfled ~n d~ appl~ca~ofl rosy came fod'eimrr upon frrj' pert of any appoinaneflt I may feces, e.
RECEIVED
AU6 2 ~ 2002
CITY CLERK
DELRAY BEACH
~ .-
CITY OF DELRAY BEACH
1993
2001
Please v/pc oz print the fo'o~n~ ~fotmadon:
BRIDGES DIGBY C
2. Home Address: " O~ Su~ ~P C~e
36 Sabal Island Driy9 Ocean Ridq~ FL 33435
36 Sabal Island Drive Ocean Ridge FL 33435
4. ~dp~ Bu~ess Ad~s: ~ S~ ~ Code
124 N.E. 5th Avenue Delray Beach FL 33483
5. Home Phone: B~ess Phone: E-M~ Ad.ess: ~ Pbgc: F~:
( 561 ) 369-0857 561 -278-~ 388 ~~ll~u~.n ~t 371-5149 278-7841
6. ~e you a zc~t~ed vote? If so, whig ~e you rent.ed? Ocean Ridge
7. ~at Bo~d(s) ~c you ~t~csted ~ s~ Please Ust ~ ~d~ of~ef~cc
Public Arts Task Team
8. ~st ~ O~' Bo~ds on ~ch you ~c ~md)' scn~g or h~vc pr~ous~' s~ed: ~l~sc ~dud'e ~tes)
9. ~u~fion~ ~fi~fiofls:
M Dip1. Hons. ~ N.CARB , ,
10~ ~t ~)' rchted p,ofessio~ c~fions ~d Ucenses w~ you hold:
. AIAr Charter Architect, ~
11. G~e yo~ p~escn~ or most recur ~ploy~, ~d po~fio~
Diobv Bridals. Marsh · A~i~ P A - President
contra ~ a~ ~fio~ m~y ~gse f~d~e ~on my pm of my ap~mt I ~y ~c~
subn~ned, h wi~ be the appfic,nt's
CITY CLE' K
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
Delray Beach O~ce 124 Northeast 5th Avenue
Delray Beach, FL 33483
Palm Beach O~ce BRIDGES, MARSH & CARMO, INC.
18 Via 1Vfi~t~er
Palm Beach, FL 33480
FIRM OVERVIEW
The Practice
Digby Bridges, IVlarsh & Associates provides a complete range of
services, ~om conceptual and master planning design to architectural
contract management. The firm was founded in 1977 by Digby
Bridges with Marsh joining the finn two years later. The design
sect'or ofthe firm ranges from land development to planning, building
design and interior design, including soR furnis~s. The firm also is
s~'lled in the creation of"company images".
The principals have been respons~le for award winning buildings
during~~ These ir~_h~muld-sto~~police~~
Detray Beach, Veto Beach and West Palm Beach, as well as, the
Delray Beach Tenni.~ Centre. In addition they have designed schools,
churches, shopping cemers, and many luxury ocean front homes. The
partners also specialize in the design of automobile dealerships having
designed and completed over ten dealerships.
Bridges and Marsh also designed a new golf clubhouse for the City of
Detray Beach, a Fire Station for the Town of Palm Beach, and the
headquarters for the Northern Trust Bank of Chicago, in Delray
The practice is international in scope as the princip~ have designed,
supervised, and contract managed projects in the United States,
England, Scothnd, Canada, Africa, the Middle East, Spain, the
Bahamas, Jamaica, St. Vincent and Honduras. A unique aspect ofthe
firm is the use of a Quantity Surveyor (Cost Engineer), allowing
accurate cost estimating of projects at early stages of projects.
Therefore the majority of the projects that the practice undertakes are
under budget.
Philosophy
The principals are firmly committed to the practical aspects of
building, during both design and construction. The partners have
extensive on site experience, with Bridges holding a Florida General
Contractor's license. The firm's expertise includes threshold as well
as on-site inspections for the most complex structures.
Attention to construction methods ensures that tight cost control is
established at the design stage. This control is continued throughout
the building process, resulting in a minimum of cost overruns.
Team Approach
The team approach is one of the fundamental beliefs of the
principals. When necessary, experts in each field are brought omo
the team. The team consists of the client, consultants to the client,
Architect/Planners, Engineers, a Cost Engineer (Quantity Surveyor),
' Landscape Architects, any specialists that might be required by the
nature of the project, and lastly, the contractor. The construction
team is supervised by one of the firm's principal architects, who
remain in constant contact with the client, and follow the project
from the design stage to completion
Land Development
and Planning
Full services from sketch design to final P.U.D. approval are
offered. The practice is experienced in environmental impact studies
and has a high level ofexpertise in obtaining approval for ocean and
intracoastal properties through the Dept. of Environmental
Protection. In addition, community redevelopment studies, land
use plans, and downtown reviuflization studies are areas of expertise
Feasibility Studies
Project Criteria,
Budgeting and
Programming
Inter-Professional
Coordination
Architectural
Services
One of the most significant services off~ is accurate feas~ility
studies, a fundamental requirement for most owner/developers.
The principal development experience enable them to produce
sketch designs and pro-forma feasibility studies for projects of all
sizes. The feasibility studies are useful for initial project budgeting
as well as for negotiations with lending insti'"'"'tutions.
The client, the Architect, as well as the Landscape Architect, the
Interior Designer, the Cost Engineer, and other consultants,
construct a study schedule, after selecting the best site. Space
requirements for the client's needs as well as a cost budget are
-included in the study. The client's requirements are incorporated in
the .builaln~ while considering the projected life span of the
structure. This service is importam, as it is the criteria for which the
complex will be designed.
Primary emphasis is placed on the practicffi aspect of how the
builaing "fits together" together with the implementation of concise
design methods. The visual appemance of projects is a priority.
Services offered span the spectrum of building design, f~om single-
family homes to large industrial complexes as well as athletic and
governmental fi~cilities.
Projects require input from numerous professionals, requiring team
leadersh~ as well as team manag~ nkilln. The practice has an
outstanding reputation in this area. Skilled professional team
management saves the owner/developer considerable time and
money.
Computer-Aided
Design Services
Interior Design
Construction
Inspections
Digby Bridges, Marsh & Associates, has integrated CAD into office
operations for all projects providing the client with an accurate, but
also malleable set of drawings. They have chosen the popular
AutoCAD program, and have extensively added to the base program
with the most current soRware.
The firm continually endeavors to stay "ahead of the curve" where
emerging technology and architecture are concerned, and have
gathered a team that is fully capable of tackling even the largest
projects with 100% CAD produced drawings.
.'This enables the firm to provide the client with an accurate database
for use in facilities manage. It also enables the production of
three dimensional drawings.
The interior design section of the practice works closely with the
architectural seOJon in the hfiti~ Stages ofprogramming and design,
paying close attention to space requirements and layouts. The details
of the interior are addressed, ranging from color and material
selections, to the furniture and equipment layout. As a result there
is an efficient foundation for a comprehensive interior design,
specification, and costing progranz
This is a vital segment of the practice. The practical experience of
the principals enables them to deal with contractors and
subcontractors, ensuring that the finished product meets the
specifications of the design.
FIRM OVERVIEW
Architectural
Construction
Management
Construction management is a key to the success of any project,
regardless of scope. In large projects, a full time Construction
Manager is on-site, allowing high standards ofcomm~'on as well
as cost control throughout the building process.
Budget Costing
and Bills of
Quantities
The Quantity Surveyor is one of the principals, ensuring an
accurate budget costing in the initial stages of the project. This
produces a Bill of Quantities enabling the clienI to arrive at an
accurate final cost estimate and providing detailed checking of
various sub-contract bids. Tight analysis based on strong practical
building backgrounds enables owners to achieve earlier occupancy
while cutting budgets.
Insurance
The practice carries one million dollars for errors and oral,ions
insurance covering both the preparation ofcontract documents and
the contract management it provides.
DIGBY CARSWELL BRIDGES
A.I.A., 1LI.B.A., FRSH, NCARB Certified
Licensed Florida General Contractor
EDUCATION The Architectural Association, London 1956 - 1961,
AA Diploma with Honours
EXPERIENCE
Digby Bridges is a registered architect in the States of Florida,
New York, North Carolina and the United Kingdom.
Bridges was educated at the Architectural Association in
London, where he graduated with Honours. His preparatory
education was at Hilton College, South Africa
Prior to forming the Bridges Farrow Partnership of London,
he worked for the Greater London Council in the Architects
and Planning Department on high and low-rise housing
projects, as well as hotels. During his tenure with George
W'unpey Construction Co., Ltd., he worked on planning large
housing developments. Representative projects carried out by
Bridges Farrow Partnership include:
Housing Estates
Apartments
Luxury Homes in Spain
Discotheques
Vacation Apartments in Jamaica
Geodesic dome in London for Paul McCarmey
Bridges has designed and built Iris personal homes in Florida,
and numerous other homes for developers. WhenBridges was
employed by Baker, Ammann and Whitney, Florida, he
designed two high-rise condominkum, a racquet ball club, a
number of luxury homes, as well as numerous land
development projects.
EXPERIENCE
continued
Digby Bridges is a member of the American Ir~qtitute of
Architects, the Royal Institute of British Architects, the
Architectural Association of London, and is certified by the
National Council of Architectural Registration Boards in the
United States. In addition, Bridges holds a Florida General
Contractors license and has constructed over sixty residences
in tl~ state.
Digby Bridges is past Chairman of the Planning and Zoning
Board and former Chairman of the Community Appearance
Board of the-City of Delray Beach. In addition he is past
President of the American Institute of Architects, Palm Beach
Chapter, as well as, a former Director of the Florida State
American Institute of Architects. Presently he is
Commissioner of the Town of Ocean Ridge having previously
served as the town's Mayor.
PROJECT LIST
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
PUBLIC
PROYECT TYPE
PUBLIC SAFETY
POLICE STATIONS
Delray Beach Police Law Delray Beach,
Facility Enforcement Florida
City of
Delray Beach
Veto Beach Police Law Veto Beach, City of
Facil/ty Enforcement Florida Vero Beach
West Palm Beach law West Palm City of
Police Facility Enforcement Beach, F1 West Palm
FIRE STATIONS
Town of Markham
Station No. 2
Fire Markham, Town of
Protection Canada Markham
Town of Palm Beach
South Fire Station
ED UCA TION
Fire Palm Beach, Town of
Protection Florida Palm Beach
$.C. Mitchell
Community El~
School
Education Boca Raton,
Florida
PUBLIC ADMINISTRATION
Palm Beach
School Board
Delray Beach Municipal Delray Beach, City of
City Hall Florida Delray Beach
Veto Beach Municipal Veto Beach, City of Vero
City Hall Florida Beach
..VALUE
$3,800,000
$2,500,000
$15,200,000
$1,300,000
$1,500,000
$1,000,000
$2,000,000
$800,000
'PUBLIC RECREATION ~
PRO.CT TYPE LOCATION CLIENT
Baseball, Soccer
Fields, and
Concession Stands
Recreational Delray Beach, City of
Florida Dekay Beach
Currie Commons
Baseball, Soccer
Fields,Childrem
Phyground, and
Concession Stand
Recreational Delray Beach, City of
Florida Delray Beach
Delra_v Beach Tenni.~
Centr~
Tennis St~d~m~
Courts, Maintenance
Bldg. and Clubhouse
Recreational Delray Beach, C/ty of
Florida Delray Beach
Delray Beach Golf ReCreational Delray Beach, City of
Clubhouse Florida Delray Beach
OFFICE/COMMERCIAL
Builc g
Office/
Commercial
Pineland Plaza
Office/
Commercial
Oak Park Offces
Offces
Northern Trust
Bank
Blue Anchor Pub
Private Bank
English Pub
Delray Beach,
Florida
Boynton
Beach, F1
Palm Beach
Gardens, Fl
Detray Beac
Florida
Delray Beach,
Florida
Richard
MacCracken
Kin Rom of
Florida
John Bills
Northern Trust
Bank
Roy Foster
VALUE
$835,000
$835,000
$3,400,000
$3,400,000
$670,000
$1,300,000
$650,000
$1,500,000
$80,000
AUTOMOBILE DEALERSHIPS
Sherwood Honda
Ed Morse Saturn
Ed Morse Toyota
Ed Morse Buick
Borton Volvo
TYPE
Automobile Delray Beach,
Dealership Florida
Automobile Delray Beach,
CLmNT V~UE
Sherwood $1,700,000
Sheehan
Ed Morse $2,500,000
Automobile Delray Beach, Ed Morse $900,000
Dealership Florida
Automobile Delray Beach, Ed Morse $2,700,000
Automobile Delray Beach, Ed Morse $400,000
Deal norida
Automobile Detray Beach, Kjell Bergh $2,100,000
~ Florida
])eh'ay Beach Automobile Delray Beach, William $1,700,000
Motors Dealer~h~ Florida Chamberlain
Wallace Nissan
Automobile Delray Beach, William $2,200,000
Dealership Florida Wallace
Automobile Miami, Robert $$,000,000
Dealership Florida Bemstein
Sraman Imports
PRIVATE
PRIVATE RECREATIONAL
~ Stream Recreation Gulf Stream~ Board of $2,500,000
Bath & Tennis Florida Directors
Gulf Stream Recreation Gulf Stream, Board of $650,000
Go If Club Florida Directors
Briny Breezes Recreation Townof Town Board $920,000
Clubhouse Briny Breezes, FL
PRIVATE SCHOOLS
Seacrest Education Delray Beach, Reverend $620,000
School Florida Warner
PRIVATE MEDICAL
Bethesda
Hospital
Medical Boynton Beach, Bethesda $100,000
Florida Hospital
APARTMENT BUILDINGS
Casuarina Luxury
Apartments
The Aegean Luxury
Apartments
Residential
Low Rise
Highland Bch,
Florida
Boca Raton,
Florida
Califomial
Federal
Michael
Stzsinos
$8,000,000
$1,700,000
[[ I nil Il Il Il Il
PRy[VA TE RESIDENTIAL CUSTOM HOMES
Ocean Ridge, Florida.
Boca Raton, Florida
C-ulf Stream, Florida
Gulf Stream, Flor/da
(hill Strea~ Florida
Hobe Sound, Florida
Gulf Stream, Florida
Hobe Sound, Florida
Palm B~ach, Florida
Palm Beach, Florida
Palm Beach, Florida
Palm Beach, Florida
Palm Beach, l~odda
Palm Beach, Florida
Palm Beach, Flo~da
Palm Beach, Florida
Palm Beach, Florida
OWNE~
Mr. & Mrs. Thomas Branca.sc~o
Mr. & Mrs. Joseph Baczko
Mr. & Mrs. John McGraw
Mr. William Young
Mr. ldferson Vander Wolk
Mr. & Mrs. Fredrick Witsell
Mr. & Mrs. Christopher Wheeler
Mr. & Mrs. Robert Kenna
Mr. & Mrs. lohn Kluge
Mr. & Mrs. Kenneth Horowitz
Mr. & Mrs. William I. Koch
Mr. Llwyd Ecclestone
Mr. & Mrs. lohn Rakolta
Mr. & Mrs. Anthony Underwood
Mr. &Mrs. Martin Ch'uss
Mr. lonathan Cdadstone
~ELRAY BEACH
" CITY OF DELRAY BEACH
.o~o MEMBER APPLICATION
1993
2001
Please type ot print the followin~ infonna6on:
5. Home Phone: ~s Phone: ~M~ Ad.ess: ~ Phone: F~:
6. ~ you a te~st~ed voter? ~ If so, wh~ ~e you te~te~d? ~y ~
7. ~at ~o~d(s~ ~e you ~t~ested ~ s~g? Pl~se ~st ~ ~d~ of preface:
8. ~st ~ ~' Bo~ds on w~ch you ~e ~d)' sen~g or have pr~ous~' s~ed: ~l~e ~dudc ~tes)
10. ~t ~y r~ted pxo&sho~ c~mfions md ~censes wN~ you hold:
Note: This appllcation wi]] remain on file in the ~ Cl~k's Office ~oz a p~ ~]~te h was
sub.ned, h ~ be ~e app~nt's zes~b~ to ~ ~t a ~t ap~fion h on ~e.
AUG 2 7 ~~'~
CITY CLERK
" CITY OF DELRAY BEACH
IIII: BOARD MEMBER APPLICATION
1993
2001
Please tl~)e or p:int the followini information:
Glicksteill , , Carv rl
2. H~e Ad.ess: ~ S~ ~ Code
1118 Waterway La~e Delrav
same
4. P~p~ Bus. ess Ad~s: ~ S~ ~ C~e
277 SE 5~h Avenue Delray Beach FL 33483
5. ~ome Phone: ~s Phone: ~M~ Ad.ess: ~ Ph~e: F~:
9glickstein~ 561-441-0222 561-279-0611
561-272-3635 561-279-8952 ltonwoodproperti ~s. co~
~es De,ray ~acb. FL
* Pub$ic Art Task Team- Developer
None
B.A Univ~rsitv of_Ha~a~ .
J.D. University of Miami School of LaW
Certified General Contractor
I 1: 'G~· yo~ pzesen~ or most recent ~ploy=, ~d ~sigon:
Presi~e~tt IronwoQfl prooertia~. T~e.
1~ Des~ e~ces, s~s or ~o~e~e ~ qu~ you to s~e ~ ~ ~: ~Jbse I~ a ~ef~s~e)
See a~ached Res~]me
I h~by c'~ ~st ~ ~e n~ve s~t~a ue ~ ~d I ~ee ~d ~dm~d ~nt ~ ~smt~t of~t~g facts
con~e~ ~ ~ app~gon may ~use fotf~
Note: This application will remain on ftle in the City Clerk's Of 6ce for ape. ziod of 2 yeus f~om the date it was
submitted. It will be thc applicant's responsibility to ensure that a current application is on ~e.
ICITYCLI~K~ATION
CARY GLICKSTEIN
277 Southeast 5t~ Avenue
Delray Beach, Florida 33483
Tel: (561)279-8952
Fax: (561)279-0611
Email: cglickstein~ironwoodproperties.com
EMPLOYMENT:
1/91 - Present
Owner/President; Ironwood Properties, Inc., Delray Beach, Florida
Real estate development and construction company specializing in high-end, multi-family, in-fill
development projects and custom single-family homes in South Florida.
4/89- 1/91
Senior Vice President/General Counsel; Falcor Industries, Inc., Osaka, Japan / Honolulu, Hawaii
Appointed by senior creditor, GE Capital, for asset management and disposition of Japanese
subsidiary's U.S. real estate assets.
5/85 - 3/89
Associate; Finley, Kumble, Wagner, et. al, Miami, Florida;
Attorney at national law firm representing institutional and private real estate developers and lenders
in connection with real estate acquisition, finance, land-use planning, development, construction, and
asset disposition.
EDUCATION:
BA, 1982, University of Hawaii, Honolulu, Hawaii
JD, 1985, University of Miami School of Law, Miami, Florida
PERSONAL:
Date of Birth: 6/6/59; Ft. Lauderdale, Florida
Married; 3 children
Social Security Number: 266-43-3240
Professional Licenses: Certified General Contractor, State of Florida
Attorney, State of Florida (inactive)
Affiliations:
Associated General Contractors of America; Urban Land Institute; Florida Bar
· Association; Trustee, Beach Property Owners' Association, Delray Beach
,~ DELRAY BEACH
CITY OF DELRAY BEACH
Illl BOARD MEMBER APPLICATION
1993
2001
.Pleue ~ype or p,';~t ',.he foIlowin~ infonmgon:
1. list Nome: Name I~ I.
KOSKOFF SHARON
2. Home Address: City $~ite Zip Code
32} SW 29th 29~h Ave Delra~ Beach FL 33445
~. ~ ~dence: ~ S~ ~p ~c
same
4. P~p~ Bu~ess Ad.ess: ~
same
5. Home Phone: Bu~ess Phone: E-~ Ad.ess: C~ Phone: F~:
(561) 276-9925
6. Arc you s roistered votcz~ If so, wh~e ~c you
v~a Delrav beach.
PUBLIC ARTS .TAS[ ~OR~
8. ~st ~ ~q' Bo~ on ~ch you ~e ~' sends ~ bye ~ousb' s~cd: ~l~se ~dudc
BA New York Universily
10. ~st ~), r~ted professio~ c~gons ~d hcens~ w~ch you hold:
t
11. GNe yo~ prcscn~ or most recur ~ploy~, ~d poggon:
I am a self employed lr~is~ and have been for over ~wen~y years.
T ~m ~ M.~m] lrti ~t .nH a qr.1 ~ T .1 ~a ~rh Art fit the Norton Museu:
I am tbS..Founder & Director of the Art Decco Society of R. alm Beach
I did the first Mural for Delray at Love's Drugs. I have since done a Mura
~- *~!a%~c ~'~ ~nd four cchcc!u ~r ~:!r--/ .....
I-~ c~ ~t ~ ~e ~e ,~~ ~e ~ ~a I ~ ~B ~dm~d ~t ~y ~,,s~t
~n~ed ~ ~ spp~g~ may ~use f~g~ ~on my p~ of~y ap~~t I ~y
SIGNA~ DA~
Note: This application will remiin on file in the City Clerk's Of'rice for s pegod of 2 yeats from the date it was
submitted. It will be the applicant's responsibility to ensure that a ~t application is on file.
I have done 17 Murals in Palm Beach County schools. I have done street
Murals for the Cities of Lake Worth, Lantana and Jupiter. I also have
done many private homes and businesses, including Palm Beach Airport.
I have done several Murals and the Puppets for First Night for the
Chamber of Commerce. I also design Needle Point...
I have been a Judge for Art at the Delray Affair several times.
I have received awards for my Art. I have been featured on the National
TV Network HGTV Home and Garden Television.
,"' DELRAY BEACH
AII-knerica City
BOARD MEMBER APPLICATION
1993
2001
Please t)'pe or print the folio,x,ing information:
2. Home Address: City
3. Legal Residence: City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
6. Are you a registered voter? ~s~ ~ If so, where are you registered?
7. \'(~nat Board(s) are you interested m setting? Please list in order of preference:
8. Last all Cit~' Boards on xvh~ch you are currentl)' serving or have previously served' (Please include dates)
9. Educauonal quahficauons:
10. List an)' related professional certifications and licenses whach you hold:
11. Give your present, or most recent employer, and position:
1_9. Describe experiences, s 'kills or 'knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this applicauon rpay cause forfeiture upon my part of any appointment I may receive.
SIGN?,TURE DATE
Note: This application will remain on me in the CiD' Clerk's Office for a peri~~J~/d~lle date it ,,'as
submitted. It will be the applicant's responsib,lity to ensure that a current application is on file.
AU-$0
CITY CLERK
APPLICATION FOR PUBLIC ARTS TASK FORCE
Richard McGlom
#8
Downtown Development Authority
Board of Directors - July 2001 to Present
Delray Beach Master Plan Design Guidelines Committee
Committee Member May 2002 through Present
Deiray Beach Master Plan Transportation Committee
Committee Member May 2002 through Present
Downtown Merchants and Business Association
Board of Directors - Jan 1999 to July 2001
Pineapple Grove Main Street
Board of Directors Oct. 1996 through Sept. 1999
Chairman of Artwalk Committee - Oct. 1999 to Present
1996 City of Delrny Comprehensive Plan Review
Committee for Parks nnd open spaces
Seacrest Homeowners Association
Board of Directors - June 1992 to Present
Southridge Homeowners Association
Board of Directors - January 1997 through January 1998
Mayor's Taskforee for solutions for the Atlantic High / Seacrest property 1996
&1997
~ELRAY BEACH
" CITY OF DELRAY BEACH
;11 : BOARD MEMBER APPLICATION
1993
2001
Please type or pint the following infomaation:
4.~g~r._ ~ ~ l:zincipal Business Address: ~ City ~ State Zip~ Code
5. Home Phone: ~usiness Phone: J F..-Mnil Adcttess: Cell Phone: = Fax:
6. {Are you n zegiste;.ed votex? (~c,.%/~.~__, whexe ~e y~u zegis_te~_.ed? ..,., _ ..,
7...~0~_, Bo=d(0 ~e ~'ou~'mtetested in ,e~.~ '-mg?p~se list in order of'preference:
O. F.,dumfional q~ifimtion$:
i'0. List an)' related professional certi6csfions and licenses which you hold: '
ll~Give,yompresen, t, ozmost!ecentemploll~e-t, andposifi°ni . ~ . ~ z~ ' / .A ~
:~ ~)e~ctibe. ~ence.,' Sm ,or ]tr~owledge which.qualifi/.y~ou to I~erve ? ~bo.~d: (PJ~ttt~ch. b~e~t' _l~ne~
I here y e statem&ts ate n~e, and I a~ree'~d unders t any ' statement of mateml
ca ~ cause forfeiture upon my part of any appomtm t I y receive.
Note: This application will remain on file in the City Clezk's Office foz a period of 2 yeats from the date it was
submitted. It will be the applicant's zespo_n_s_,'bility to ensure that a cunzazt application is on file.
~'~o~
I..enom ~ ~1~ N.E 8lb Sir. stite 4 Delray ~ R 33483
~ Pmflle:
Conceiv~ and cta'ak~ The Fast Inkmm~3rad ~ ~ 'Ar~ Mo(taft~
~ 991(Russia) and Nmlm Musman, Palm Beach, R
~lE~l~-ik Prkam Bank and (31i:ank Art Aduia~r Palm Beac~ R and Ne~
York, N.Y.
Created and operates Art/Tours: The City of Beverly Hills, The University of Judaism and
~d File Alt
1996-1998: Director~ Al3ert Stuart Gallery, West I-k)gywood, Ca
19~1-1994: Ct~dor BnJc9 LLa~ ~, New York. N.Y.
1983.-1991: DimcIor ARTworks!, Palm Beach, R
lg85-79~8: Sal~,s Consdl~nt Saks ~ Averme, Boca Ra~o~, I~
MICHAEL GORMAN ~'rHE BULL" FROM BULL SERIES
ELEANORE BERMAN 'POND GRASSES AND CARP"
£Z~*~E-~9G'xY~
DISCOVER THE PASSIONATE WORLD Of ART COLLECTING
GAIN KNOWLEDGE AND ENTHUSIASM IN THIS UNIQUE
INTERACTIVE SEMINAR SERIES.
MEET PROMINENT AND DISTINGUISHED
FIGURES IN THE WORLD OF
CONTEMPORARY ART COLLECTING, INCLUDING
AUCTIONEERS, CURATORS, GALLERY OWNERS, ARTISTS,
INTERIOR DESIGNERS, ART COLLECTORS, SCULPTORS,
AND ARCHITECTS.
RENE VASQUE$
"UNTITLED~
FROM PASSAGE SERIES
LULA FLORES
'CONVERSATION'
TOPICS MAY INCLUDE
DAVID LEHR
'HR POTATO HEAD'
· ART LAW
· INTEGRATING FINE ART WITH INTERIOR DESIGN
· ART COLLECTING FOR INVESTMENT/PROFIT?
· INSIGHTS AND SECRETS OF ART COLLECTING
· ART AND AUCTION
~ WHERE TO BUY ART- NEGOTIATING PRICE
· THE FINE ART OF CLASSICAL FRAMING
· GLASS ART
AND MUCH MORE
.4 ' bELRAY BEACH
CITY OF DELRAY BEACH
1993
2001
Please the infomution:
2. Home Address:
3. Legal Residence: City ' State Zip Co'de
4. Pzincipal Business Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: ' Cell Phone: ~1
6. Are you a registered voter? "o~.,~ It' so, where sze you registered?
?. l~hat Board{s) are you interested in serving? Please list in order ofpre£erence:
8. List all City Boards on which you are currendy serving or have previously served: 011ease include dates)
9. Educational qualifications:
10. List in), rehted proi'essional cergficstions smd licenses which y~u hold:
11. Give your present, or most rccem employer, smd posi~on:
12. Describe experiences, skills or knowledgelwhich qualify you to serve on this board: (Please attach a brief resurne)
I hereby certify ~ the abov('s't~t~,ments are true, and I agree smd undetsund that any,*,i-,mtement oi'm~terial tcts
~ntained in .~~y~us~ fo~eiture upon my part o£ any appointment I m~y receive.
1Nlote: This application will remain on file hi the City Clerk's O£iqce {or ~1~ ~ ~~om the date it was
submitted. It will be the applicant's responsibility to ensure that ss current swl~lication is on file.
AU6 2'0 2002
- CITY CLERK
Carolyn M. Pendelton-Parker
Landscape Architect
PBS&J
Education
MLA, Landscape Architecture,
Harvard University Graduate
School of Design
BFA, Graphic Art,
Florida Atlantic University
CO, Oraphic Art,
Parsons School of Design
Professional Affiliations
American Society of Landscape
Architects
Ms. Pendelton-Parker has 21 years experience in the practice of landscape
architecture and landscape construction, representative project experience includes;
For International Drive, Orlando, urban commercial corridor planning utilizing
emblematic landscape merging pedestrian amenities with traffic calming slrategies.
For Citrus County, Florida along the Withlacoochee Trail and US41 an ecologic
native plant landscape trail roadway buffer. Tree and Pine varieties were selected to
engage the process of succession woods.
For the City of Tampa, Ms. Pendelton-Parker was involved in master planning of
250 miles of urban and suburban greenways. Urban bike routes, hiking trails, canoe -
kayak blueways and equesUian trails links communities, parks, schools, both bays,
and the urban center. Planning included GI$ mapping, public ar~ funding research,
future transportation indexing and site analysis.
Florida Certified Landscape
Contractor #59
Native Plant Society of Florida
American Planning Association
International Association for
Landscape Ecology
Community Participation:
City of De/ray Beach
Visioning 2020
Pin~apple Grove An Wall;
Publications:
"New C ommunt Od P ete r sham Mi"
3-Dimensional Studies. Harvard
Graduate School of Design.
Published: Princeton Press
Studio Works Volume 5, 1998
For Palms West tri-community corridor plan, Palm Beach County, she designed the
iconography and place-making landscape architecture. Hardscape design included
artful overpasses, gateway features, mast ann structures, mile markers, lighting,
boardwalks, sidewalks, sound walls, and gazebos. Linear parks and blueways were
also developed at the master plan level.
For the new town center development of Golden Ocala in central Florida, she
designed an ecological and historically scaled solution. The system of water features,
community parks and trails link the downtown to the residences. Additionally,
equestrian and hiking trails linkages encourage community interaction.
For the City of Deerfield and Broward County School Board she is part of a team
developing a neighborhood park and athletic complex. Sports activities include
basketball, softball, soccer, football, competitive swimming, playgrounds, tennis and
educational componenta.
In the Village of Pineerest~ Miami she designed a seven-mile oomprehensive street
tree planting program utilizing sequenced flowering and broad canopy native
species. Roadways were shaded for aesthetics and to lower the roadway
microclimate. Public outreach, ecological analysis and CPTED elements were
engaged.
As a member of a three-person l~am, Ms. Pendelton-Parker modeled a new regional
scale community in Petersham, Massachusetts for 300 live/work residents and
commuters. Specialized horticultural laboratories, research center, community
center, worship center, housing, constm~d wedand s~wage treatment, c~metery,
community parks, trails and open space were developed with geospatial analysis
(GIS) and three-dimensional modeling. Princeton Press published the planning
Concept planning for Hudson-Berfman Light Rail, ~ersey City. A 2.2 miles high*
density urban corridor with design scales ranging from historic town homes, post
industrial, institutional and 1950-60's suburban. Landscape and hydrological system
solutions were utilized for the multiple brownfields along the site. Urban/
Institutional scale roof and road mn-off were treated via phytoremedial plantings.
Large conslructed wetlands, mile long parallel filtering gabion runs, hyper-
accumulator groves were designed for heavy metals uptake and deconlmninstion.
Ecological engineering and landscape materials dictated the intricate urban
environmental solution.
Working with artists, Douglas Hollis and Anna Murch, concept design solutions for
a park in Cambridge, Massachusetts. Focused temporal indicators were constructed
and tested as part of this study. The design entailed an all season
reflective/interactive water feature as environmental recorder accompanied by multi
surfaced, exp~iential path system.
For the City of' Charlestown, Massachusetts master planned an urban park and
aligned with adjacent corridor planning and resulting artery altemllons. This urban
site was the site of the city's former landfill and an historic prison dating from the
1640's.
Concept planning for artful public space plaza and parking lot and for the Museum
of Pine Arts in Boston, Massachusetts. Unique paving patterning and creative
contour solutions focused the combined urban design and landscape architecture.
She was part of the team for the downtown redevelopment studies for the City of
Winter Park, Florida. Master planning, historical research, economic-devdopment
strategies, report and guidelines were produced for the downtown commercial and
residential districts.
She coordinated construction administration and construction project management
for Disney Imagineerlng at Coronado Springs Convention Center and Resort.
She headed up the Project plant material management and procurement for Atlantis
at Paradise Island, Bahamas. $1,2 million in plant materials wer~ collec~l, field
tagged and export/imported, from the US, Jamaica and the Caribbean.
Her extensive experience in tropical landscape Design-Build projects include estates
in Manalapan, Delray Beach, Highland Beach, Boca Raton, Hypoluxo Island, Palm
Beach and Cypress Head. She has created original hardscape design for several of
these projects. Clients include Ron Pearlman, Chris Everett, Sam Snead, and Yvonne
Lendel. Her South Florida Community landscape project management includes
Hunters Run, Boca Woods, Boca West, Admirals Cove, Woodfield Hunt Club, Polo
Club, Stonebridge, Les Jardins, St. Andrews, and (}leneagles.
For institutional and commercial landscape construction management projects range
from the Good Year Blimp Base in Pompano Beach, the FPL Headquarters luno
Beach, the Broward Hospital Parking Deck in Fort Lauderdale, and the South East
Financial Center in downtown Miami, She has been involved with landscape design,
project management and installation for CB Smith Park in Pembroke Pines,
Plantation Central Park iii Plantation, the Cartarei Savings and Loan in Delray
Beach, Florida, The McDonalds Corporation in Palm Beach and Broward County
Florida, The Grand Lucayan resort in Freeport, Bahamas, the Radisson Corporate
Canter and Hotel in Fort Lauderdale, Headway Office Park in Fort Lauderdale and
the Crocker Center Hotel and retail canter in Boca Raton, Florida.
biz. Pendelum-Parker was part of the initial ~eam responsible for Comprehensive
City Beautification Project for the City of Boca Raton, Florida. Landscape
architecture, roadway conditions, utilities, right of ways and related infrastructure
were a pan of her research that was published as pan of the study. This Ten.year
program was initiated by the city of Boca Raton in 1980.
Ms. Pendelton-Parker has also served a guest critic for the Florida International
University's Master ~ in Landscape Archite~ure.
Ci.ty of Delray Beach City Clerk's Office
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAY~_ CITY COMMISSIONERS
Karen lgL'h'~ll, Executive Assistant/Board Liaison
Public Arts Task Force
September 3, 2002
Attached please find an additional application from Sarah Wilkinson for consideration to
the Public Arts Task Force. Appointment is scheduled for City Commission meeting
tonight, September 3, 2002 as agenda item 9 I.
BOARD MEMBER APPLICATION
Pl~sc the {ni'omadon:
2oo~1 '
SARAH WILIxTNSON
LANDSCAPE DESIGNERfPL R
EDUCATION
Diploma In Land~¢apo Architecture } 992
University of Co~tral Engla~cl, Biiv~msham, UK
BSa (Hens) Town and Regional
University ofDundt~e / Demean oflm'dansione
College of An, S~otland
Landscape Deggner/Planner, 2001-present
Glatting Jac~on Karcher Anglin Lopez Rinehart
l~'eelance Landscape Arddt~t. 1998- 2000
Throughout Yorkshire, En~Ja~d
Aasoct~te Lnnd~eape Ar~hitaet/~own Planller,
1997- 1998
Steve Maslen & Asmciatas, Bradfmd,
A~laltRn! Land.pc Architect, 1991 - 1997
Landscape Section, City ofRradford Cotmcil,
Planning Officer, 1987-1991
Harming De~t, City of Bradded Cot~dl
Projec~ Offi~r - 1985-1987
Planing Department, Borders Regional Cotmcil
Roads Snrveyor. - 1981-1984
Roads Dept, Strathclyde l~lional Coundl
MEIVIBERSHIPS~ASS OCIATIONS
Profeasio~a~ Mea~bership of Lan~aapc
* Professional Membe~hip of the lt. oyal ToW~
Planr~8 Institute, ~
, Member of the Urban Design Group, ~
· Member of ASLA, USA
INDIVIDUAL AWABJ)$
* City of Dundee Civic Design Award (1983)
PROFESSIONAL RECOGNITION
· Saltaha - Shtpl~ l~gcnerati0n Corridor
British Urban Regeneration Association Award
INTEREST~
· Very kee~ tn~re~ in the p~c ~ ~ ~e
~usi~ic ~player who wo~ well ~
~ ~ ~e ~pl~on of~bl~ ~.
Phow~hy ~d ~vcl~g, ~th ~
pho~o ~ ofpub~ ~o~ ~u~om ~e
w~ld.
Pn~cul~ly ~ m ~ lavolv~ ~ the
~ ~o~ ~ my '~9t~' ~m~ to~ of
~Irsy B~sch,
MAJOR AREAS O~ EXPERTISE
~"Xl~-'rioric~ i~ ~he i~]c~t~on ofpubUc
~ot~ ~ thc com~, ~om ~pt ~d
de~ ~i~ m si~ i~!l~on ~d pmje~
Centenary Squm~ Bradford
l~oj~ct Land,cape Atdfit~ct for thc detailed d~i~.
conlzact admirds~afion and site supe~wisio~ for a
new civic square, m celebrate Brs~ord Ccmenm7
year which was op~ned by Her Majesty the Qu~n
m 1997.
Member ofti~e Artist Selection commiv, ee in
conjtmction with Yoflcshite Ar~, a l~blic ~
ot~nization ~itl~ the Cotmty. Selection of Artiau
and artwot~ from throughout UK. Insmllatiou of
save'al mwor~, wod,inS in co~gu~tlon ~ith the
artist~ and ~mtractots,
Cent~ary Square Art Workshops
Ce-ordinsgon wid~ Art'ism m rtm design publi~
participation workshops, With various groups from
the community. The woxtshops, using a variety cf
~hniques, from silk ~h~ting to mosaic tili~ were
designed to er~xe vmious dcsigm for su~t
furniture. ~'eet ]ighling and artworks, ~o bo useg
throughout the ~ty center, bssed on the C~tena~
Square 'Weaving a~d High Tech' theme. Sevefa~ of
the commm~ily designs were mam~'mrM into
various artworks - Banucrs, Li§htiug colwnus,
C-ste~sys, paving design-~.
'Bradford by the Sea' Bradford Oty Centre
Concept desigte~ of a dry centre park ba~ed on a
'~radford by the Sea" con,s-pt, including a mosaic
w~et feanu~, working in collaboration wid~ mosaic
artist.
l~er~ent for.art ProLq'am, Bradford Ci~ Council
Irnplemen~ion of several ~or~, ~ by
sev~l ~m. e~ a Pl~ng Offi~ to ~e
d~clop~ ~ ~nd a '% ~OR ~T ~ ~c
Llstle Germany Art Trail
Dewlopme~t of s historic art trail around the
M~t~h~ts Quarter of Bradford, including a leaflet
design.
Onk~nnk High School
Co-ordination of a design workshop for loeal
sehoolcbfldrea to develop d~'ign ideas for theh'
school parkland. Implementation ora 'Butterfly'
mgtal gate, dcsi~ed by an 11 year old, developed in
conjun~on with thc bla~kmgth a~d dasiiner.
Design and implem~r~ion of various 'an' signs o~
~e u-ails throughout the school.
D~'ley Street, Bradford
Dcmiled design a~d implemenzaziou of ·
pedea'n'ianis~ sWeet designed to reflect the historic
't~bric' of thc city.
300 West Atlantic Avenue Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
Joseph L. Schroeder 2oo11993
Chief of Police
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Joseph L. Schroeder, Chief of Poli~
August 27, 2002
JUSTIFICATION FOR PURCHASE OF PANASONIC TOUGHBOOK 28
Included with this memo you will see a detailed justification for our request to purchase
six (6) Panasonic Toughbook 28 computers. These are the industry leaders in
hardened computers for public safety. I am sure after reviewing Ms. Tina Lunsford's
justification you will agree that there is no better product available to meet our needs.
If I can be of further assistance in this matter, please let me know.
JLS/ppt
Attachment
Serving with P.R. LD.E.
Professionalism, Respect, Integrity, Diversity and Excellence
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Chief Joseph L. Schroeder
Tina L. Lunsfordr'-'-x'L'/
Asst. Director Support Services
August 26, 2002
Justification for Purchase of Panasonic Toughbook 28
Due to the cost factor of hardened laptops when we originally started our laptop project in the
field we started with non-hardened laptops. In a very short period of time we realized that the
equipment was not holding up to the adverse environment out in the field. Due to the heat and
bouncing in the vehicles displays were cracking, hard-drives were crashing and the outside cases
were cracking. The decision was made with the COPS More 96 Grant to switch to hardened
laptops and it has been very successful. The hardware more than meets requirements of the
software used by our agency. We have Panasonic CF27's Pentium 1II 300Mhz that have been in
the field since December 1999 and are still fully functional. As with any technology the life
expectancy is 3-5 years.
Panasonic is the leader in the industry and Pentium III 800Mhz is currently the latest technology
in hardened laptops. For Public Safety entities, where performance and dependability are
critical, Panasonic Toughbook 28 laptops, are the preferred laptop by Public Safety (Law
Enforcement and Fire) agencies throughout the country.
Computer equipment used by Public Safety, in the field, is subject to adverse conditions, i.e.,
weather, bouncing and dropping. The hardened laptop meets the City's minimum requirement of
256MB of memory, and although the processor does not meet the 1Ghz requirement, it more
than meets our sotSXvare requirements and is waterproof, rugged, and dependable in the field as it
supports a critical life or death operation.
cc: Capt. Ralph Phillips
Memorandum
To:
From:
Date:
Subject:
Joseph Safford, Finance Director
Richard Zuccaro, MIS Manager i¢5
August 20, 2002
Police Departments Request to Purchase Six (6) New Laptops for the Patrol Officers
MIS has set minimum standards for their computer equipment used in the City of Delray Beach in order to
meet the requirements of the City's computer environment. The City's standard for laptops to support the
Operating Systems, i.e., WIN2000 or WINXP, and core applications, for example Office XP, Citrix
MetaFrame ICA client and Secure Gateway, AS/400 Client Access, etc. Additionally this equipment is
expected to be dependable, maintain good performance and have a three (3) to five (5) year life cycle.
Therefore MIS recommends the attached configuration for standard laptops used throughout the City, at a
cost, under Siate Contract, of $3,881, plus air card at $95 which brings the total cost for a standard laptop to
$3,976.
For Public Safety agencies, where durability, performance and dependability are critical, MIS supports the
Police departments request for the Panasonic Toughbook 28 (with built-in wireless connectivity, no air card
needed) at a cost of $5,663 each, under SNAPS II Agreement. The Panasonic Toughbook 28 laptops, are
the preferred laptop by Public Safety (Law Enforcement and Fire) agencies throughout the country (see
attached specifications and quote).
Computer equipment used by Public Safety, in the field, is subject to adverse conditions, i.e., weather,
bouncing and dropping. This equipment must therefore, meet the City's minimum requirements and also
be waterproof, rugged (har. gr~d drives mounted in shock absorbing gel and stainless steel ease), and
dependable in the field as it suppo-i:~'~ri~ical life and dea~rations. ~
With it's proven dependability in the field and it's recognition as preferred, standard equipment by Public
Safety agencies throughout the country, MIS supports the Police Departments request for the Panasonic
Toughbook 28, as configured by MIS, for Patrol Officers in the City of Delray Beach.
CC: Larry Schroeder, Police Chief
Capt. Ralph Phillips, Police Support Public Safety
Tina Lunsford, Assistant Director of Support Services
Jackie Rooney, Purchasing Supervisor
· . Mes~;age Page 1 of 3
Zuccaro, Richard
From: Flynn, Barbara
Sent: Tuesday, August 20, 2002 10:00
To: Zuccaro, Richard
Subject: Panasonic Toughbook Models
Panasonic
($
DURABILITY FEATURES
· Designed using MIL-STD-810F test
procedures
· Full Magnesium Alloy case with carry handle
· Moisture-resistant casing
· Dust-resistant LCD, keyboard and touchpad
· Sealed port and connector covers
· Removable HDD is mounted in shock-
absorbing gel and stainless steel case
· Scratch-resistant coating
· Rugged hinges
CPU
· Low Voltage Mobile Intel® Pentium® III
Processor 800MHz-M featuring Enhanced
Intel® SpeedStepTM technology
· 512KB on-die L2 cache
POWER SUPPLY
· Lithium Ion battery pack (11.1V, 5.4.
· Battery operation: up to 4.0 hours (v
battery), up to 10.0 hours (with seco
· Battery charging time: approximatel;
hours/OFF, 5.5 hours/ON***
· AC Adapter: AC 100V-240V 50/60H
Sensing/Switching for worldwide po,
· Quick access battery/HDD cover for
replacement
· Pop-up on-screen battery status rep
POWER MANAGEMENT
· Suspend/Resume Function, Hibern[
Mode, APM BiOS
SOFTWARE
· Dual-load Microsoft® Windows® XP/
· Setup, Diagnostics, DMI Viewer, On
Reference Manual, Adobe® Acrobat
Panasonic Battery Monitor
SECURITY FEATURES
· Password Security (Supervisor, Us~
Kensington Lock Slot
WARRANTY
· 3 year limited warranty, parts & labo ,
Mes. sage
Page 2 of 3
STORAGE & MEMORY
· 256MB SDRAM standard, expandable to
512MB (PC133 memory is required.)
· 30GB HDD
· 1.44MB FDD [(also accepts CD-ROM Drive,
DVD-ROM Drive*, CD-RW Drive** or Combo
Drive (DVD-ROM*/CD-RW**)]
DISPLAY
· 13.3" 1024 x 768 (XGA) transmissive, anti-
reflective TFT Active Matrix Color LCD with
Touchscreen or 12.1" 800 x 600 (SVGA)
transflective, daylight-readable (allows
optimal viewing even in bright sunlight) TFT
Active Matrix Color LCD with Touchscreen
· External video support up to 1024 x 768 at
16 million colors (24 bit color depth)
· Intel 830M graphic controller-O, UMA
Memory Access) up to 32MB
AUDIO
· ESS 1988S AllegroTM audio controller
· Integrated speaker
· Convenient keyboard volume controls
(Fn+F51F6 keys)
PC CARDS
· Type II x 2 or Type III x 1
MULTIMEDIA POCKET
· Holds 3.5" FDD (standard)
· Accepts optional 24X (max) CD-ROM Drive
(CF-VCD271)
· CD-ROM and FDD can be used
simultaneously (w/FDD cable CF-VCF271)
· Accepts optional 4X (max) DVD-ROM Drive*
(CF-VDD283M)
· Accepts optional 24X (max) read, 8X (max)
write, 4X (max) re-write CD-RW Drive**
(CF-VCW282U)
· Accepts optional Combo Drive
(DVD-ROM*/CD-RW**) (CF-VDR281M)
· Accepts optional Hard Drive (CF-VHD2830)
· Accepts Telephone Line Tester Module
KEYBOARD & INPUT
· 87-key with dedicated Windows® key
· Enhanced pressure sensitive touchpad
· Touchscreen LCD
Keyboard
*Decoder software Is r~quired for DVD movie play. (Included)
"*CD authoring software Is required to write CD-PJP, W. (Included)
DIMENSIONS & WEIGHT
· 2.3"(H) x 9.5"(D) x 11.8"(W)
· 9 lbs., including battery, FDD and hl
INTEGRATED OPTIONS****
* Integrated Wired LAN (10/100 ethel
· Integrated 802.11 b Wireless LAN
- Cisco Aironet
- Lucent Orinoco
· Integrated Wireless Solutions
- CDPD
- DataTAC (MotientTM Network)
- Mobitex (CingularTM Wireless)
- GSM/GPRS (availability may vary
- lxRTT/CDMA (availability may vs
· Integrated Global Positioning Satell
System
ACCESSORIES****
· 24X (max) CD-ROM
Drive
· 24X (max) read,
8X (max) write,
4X (max) re-write
CD-RW Drive**
· 4x (max) DVD-ROM
Drive*
· Combo Drive
(DVD-ROM*/CD-RW**)
· Telephone Line Tester
Modules
· Desktop Port
Replicator
· Vehicle Mount Port
Replicator
· Vehicle Mount Port
Replicator with
Integrated High-gain
Antenna Pass-thru
Cable
· External FDD Cable
· Battery Charger
· Lithium Ion Battery
Pack
· 2nd Battery Pack
· AC Adapter (3 pin)
· 2nd Hard Drive
· BackLit Keyboard
· Sealed BackLlt
CF-VCD2
CF-VCW2
CF-VDD2
CF-VDR2
CF-VEB2'
CF-WEB2
CF-WEB2
CF-VCF2'
CF-VCB3
CF-VZSU
CF-VZSU
CF-AA16.~
CF-VHD2
CF-WKB2
CF-WMK[
***Battery performance features such as charge time and life span can vary according to the conditions un
computer and battery are used. Battery operation and recharge times will vary based on many factors ir
brightness, applications, features, power management, battery conditioning and other customer prefere
.... Accessories and Integrated Options may vary depending on your notebook configuration.
Please consult your reseller or Panasonic representative before purchasing.
II
S~ate Purchasing · ~050 Esplanade Way · Tallahm~e~, Flat,cia 32399'0950
' 5~ IZTi~e: Infnrmnfinn T~hnnlnnv C~nsnlfJnn ~iR~ .
· Federal Employment ldenliflcallon ar $.$. Number 36-394-9000
· Vendor Name. I?,Ol'~rk Govenrrnent & Education Sale~, Inc.
· 'Vendor Ma}lin9 Addre's, 105 West 5th Avenue
· Inlernet Address
' Area to be 5erred
· Wan'only ~_
SPURS No.
36-394-9000-0n4
· Ci~/ Tallahassee
Florida . ._ ' Zip 32303
813 637-7020 ' Tall-Fre~ Number 800-491-6822
www.comark,com ' E-ma~l Addr~ sstom_vC'~_com.ark_com
Complete State of Florida ° Fax Number 850-222o3457
30 days after service provided warranty
!. PURP~Sr.' Under authority of Section 287.042(1)(al and [2Ilo), the purpose of this pr~pmat Is to esla~id~ a
at, d agreement For commoclFlies ar snrvicci thaf are no! available ~am a State Term Canlract. The agreement will
pmvlde State Purchasing an opportunity ta evaluate, assess and determine the need, benefit and value of c~mmOdJties
or ~arvir~s, and the [aa.~ibiJi¥ d establish;ne slate lerm conlractz, I~rc~ugh t~,- competJlJve process. '/}m agreement will
free digibl, users from the n.ce.~ih/a[ obtaining campel;tDe quotations for a single purchase of c~mmoditi=s/se~';ces
totaling Je~s ~an Cat,'gary II. The agreement does hal e~empt efig~ble us=rs from lhe corni:ml~llv, bidding proc~ses
described in section 287.F.$. ~or commodities/services mar the amount o! Category Il.
Eligible users am stal~ adenoid, ~ederal agencies, counties, municipali~es, and instilulJons Clunlified I:~suant
240.605, ES.; private non-pro'it community transportation coordhators conducting business re~ated zolely ta the
C~mmissian for the Tranzpartalian D~advan~agrd Cluali~iecl pursuon! to 427 F.$.
2, The eslablishmant of thi~ agreement doe~ nol cDnsfitute an cndorsemen~ o~ lhe prmJucts ar services by Sl~ Purchasing.
3. SNAPS II agrenm,~s am no~ ma:lusty, and ether v~ndors may offer ~mil~' p~oducts and service~.
Usage al 5NAJ~$ Ii by stat~ ogencie~ is hal manclatory. Venders and agencies using SNAPS II hav~ all,et pumhasing
ailernat~ves true!labia. Them purd-,aslng ahernat{ves am c~flned in Chapter 2BT. F.$.
4. ORDI~RJ'NO UMIT$.' State agencies may iszue single purchaz= order, up to Cal.,gary II, and lo!al cumulath~Jy up to
CATEGORY IV in an agreement year. Tolcfl agency-wicle acquls;tions dudng t~e eachyear ~ I~e agmemenl shall not
r-xcm,d ~e thred',,,Id amount Far Catega.ry IV, except that acquk;lions by agree;es wid~ decnnlro!ized
Fun~ons shall b. cansldemd on the l:~s~ a~r each purd~asing offic~ Ihat maintains full-Ilea purd'~sing dart.
5. p~ICI;$~ TERM~ A~D PAYMEI~'I': Firm prices shoil be dt,,md and include all pack;ne, handling, sAipping charges
and' delivery unless othm'wisa inclicatecl. The v~ndor'l name and addrens shown on involc~, mus~ be ideation! to
vendor's name and addr,ss on the pu~.h~e order.
(at Tc~es: The $1at~ o~ Florida dots no! pay Federal Exche and ,Sales tax~s on direct purc~:aei of tangible
properly..~,,,, ~ ex-.mpfian number an fm:e af purchase md~r or agrnement form. T~is
purchases oF fangi~[a personal property Jn the performance oF ogr~,emonh k~r th,, imprc~ernenl of Slate-awned real
properly a~ defined in C~apter i 92, Florida
b) In~alcing and Paymenh The vendor shal! J~e paid upon submission o~ prap~r~y c.,rti~ied [nvolces to t~,, purchaser at
1 oF9
TnTI:IL P. 03
Services
Indus. try
Events
C~mmunil~
C_onsu..ruer
Asslstaa.r,.e
Disaster
Ed. ucafi.o, rt
Elders
Envi .rpnment
Health .& Hurnal]
P. e~'mitfiog
EublJJ:_S~f.c. ty
Science &
.T_e.c..h.n...o.!og y
search I directory i contact us 141t I subscribe ] tour I help
Business & Industry > Search > S_~lAP_$__E~r,_r~_.Fprm. ~ > SNAPS Agreement
SNAPS AGREEMENT TITLE: COMARK RUGGEDIZED NOTEBOOK
COMPUTERS
AGREEMENT NUMBER ;2501937'-3
TERM OF AGREEMENT:
Begin dale: 05-10-2000
End date: 05-09-2003
VENDOR:
COMARK GOVERNMENT & EDUC SALES
105 W 5TH AVE
TALLAHASSEE, FL 32303
SPURS NO: F363949000-004
MBE CODE: NON-MINORITY
CONTACT: DEBBIE SEHI
PHONE: 850-222-0555
COMMODITY CLASS: 250 COMMODITY GROUP: 040
DELIVERY: 30 days ARO
WARRANTY:
APPROVED PRICE SCHEDULE & DATE:
1.) Price list eft. 04/06/2000 Expire date: 05-09-2003
2.) Amended Price list eft. 2/22/01 Expire date: 05-09-2003
CONTACT VENDOR FOR COPY OF PRICE SCHEDULE & CONTRACT
INFORMATION,
Panasonic notebook computers - highly riggedized notebook computers that
keep out moisture & dirt. Authorized Dealec Unisys Corporation 1545 Raymond
Diehl Rd, Tallahassee, FL 32308 Phone 850-296-,5613 and FAX 850-298-5696
Contact person is RObert Abemathy
Cop_yn.d.g.h_ t..~_ 20_0_0_, .S. ta..te. Of Florida
Privacy Statement
COMPAll
Government - Education - Medical Sales
PRICE QUOTATION
Quote Number: GA207073
July 25, 2002
Provided by: Chuck Gius
Page I of 2
Montri Chaisakul
City of Delray Beach
Contract: Flodda State Term Contract (250-040-99-1)
Product availability and product discontinuation is subject to change without notice. The prices in this quotation are valid for
30 days from quote date above. Please include tho quote number from this quote on the corresponding purchase order.
470035-289 $2,874.00 $2,874.00
EVO Notebo~o,k, NS00cPentlum I~ 1
GHz60GB/15 'TFTISXGA+I512M'--'~
Mobile Intel Pentium IV 1.80 GHz 512MB (266 MHz) DDR SDRAM
60GB SMART Hard Drive 15" TFT Display 8X DVD/CDRW Combo
Type III Mini P..~I 56K (V.92) modem +~ 10/100 NIC_Combo
Microsoft Windows XP P~o
228057-B21 Blu'etooth MultiPort module I $107.00 $107.00
2.4 GHz ISM frequency band
242362-B25 Compaq Professional Leather Case II t $156.00 $156.00
Compaq Professional Case (Leather)
269087-B25 512MB Memory-DDR ALL I $329,00 $329.00
DDR Memory 512-MB 266-MHz
269094-001 Advanced Port Replicator - Evo 1 $~.00' $210.00
The 2002 common docking products from Compaq are compatible
with several notebook products. Initially the Advanced Port
Replicator will be compatible with the Presario 2800, Evo N800v
and 800c. Future notebook designs will also be built around this
common docking product.
265602-001 65W AC Adapter US I $41.00 $41.00
65W AC Adapter 9.5x7.5x2.25 (LxWxH) 1.03 lbs.
265649-B25 65W Auto Adapter I $03.00 $83.00
65 Watts Auto Adapter For the Armada ES00, Evo N600c and
N400c
Note: This Item is not on the contract quoted.
Note: This item has been discontinued.
Note: Hardware warranties are extended only to the original owner. Notebooks carry a world wide warranty,
other products are warranted In the US only. Sales taxes added where applicable. Freight is FOB Destination.
If you should have questions regarding this quotation or need any other assistance, please contact me at
Compaq GEM Sales, 1.888-202-4682 ext. 15579 or FAX 1-888,202-4682
EOMPAG
Government- Education - Medical Sales
PRICE QUOTATION
Quote Number: GA207073
July 25, 2002
Provided by: Chuck Gius
Page 2 of 2
Montri Chaisakul
City of Delray Beach
Contract Florida State Term Contract (250-040-99-1)
Product availability and product discontinuation is subject to change without notice. The prices in this quotation are valid for
30 days from quote date above. Please Include the quote number from thls quote on the corresponding purchase order.
170372-002 Ext 31310 Portable to 414/0 Armada M700,Evo I $81.00 $81.00
N400clN410clN600
Extend hardware warranty on newly purchased Armada
3500/650017400178001M700/E7001Evo N400/Evo N600c models
from 3Yrs Parts/3Yrs Depot Service to 4Yrs Parts/4Yrs Depot
Service. When placing a service call, customer must have unit
available, provide CarePAQ certificate number, unit model and
serial number, and be ready to help diagnose the problem. See
Support Products List for specific models supported. Paqfax #6800
TOTAL PRICE
$3,881.00
Note: This item is not on the contract quoted.
Note: This item has been discontinued.
Note: Hardware warranties are extended only to lhe original owner. Notebooks carry a world wide warranty, all
other products are warranted in Ihe US only. Sales taxes added where applicable. Freight is FOB Destination,
If you should have questions regarding ~ls quotation or need any other assistance, please contact me at
Compaq G EM Sales, 1-888-202-4682 ext. 15579 or FAX 1-888-202-4682
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # [ ~ - REGULAR MEETING OF SEPTEMBER 3, 2002
ORDINANCE NO. 37-02 (OCCUPATIONAL LICENSE FEES)
AUGUST 30, 2002
This ordinance is before Commission for second reading and public hearing to amend Chapter 110,
"Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of
Ordinances to provide for a five percent (5%) increase in all occupational license tax fees effective
October 1, 2002.
In 1993, the Legislature amended Chapter 205 of the Florida State Statutes with the passage of SB
364. This bill provided an oppommity for munidpalities and counties to reclassify businesses,
professions, and occupations and revise rate structures if certain conditions were met by October 1,
1995. In compliance with these conditions, the City Commission appointed an Equity Study
Commission to review and make recommendations on our license tax fee structure, and subsequently
enacted the recommended changes to Chapter 110 with the adoption of Ordinance No. 35-95 on July
11, 1995.
The amendments to Chapter 205 also established authority for governments to increase license taxes
every other year by up to five percent (5%). The occupational license fees currently in effect were
adopted on August 4, 1998 via Ordinance No. 28-98. The proposed increase under Ordinance No.
37-02 is the second increase in the approved fees since the passing of SB364. A majority of the
classifications are assessed a flat fee of $130.00 which will be increased to $136.00. All exceptions are
detailed under Section 110.15.
At the first reading on August 20, 2002, the City Commission passed the Ordinance No. 37-02
unanimously.
Recommend approval of Ordinance No. 37-02 on second and final reading.
S:\City Clerk\cheveile folder\ag, enda memo~\Ord.37-OZ09.03.02
MEMORANDUM
DATE:
August9,2002
TO:
FROM:
David Harden, City Manager
Lula Butler, Director, Community Improvement
RE:
First Reading of Ordinance No. 37-02, Amending Section
110.15 of the City's Code of Ordinance Increasing
Occupational License Fees
ITEM BEFORE THE COMMISSION:
First reading of Ordinance # 37-02 amending Section 110.15 of Chapter 110 the
City's Code of Ordinance governing the requirement for Occupational Licenses
and assessed fees. The amendment provides for an across-the-board 5%
increase in the individual license tax paid to the City by the persons engaging,
managing or transacting an occupation or profession annually.
BACKGROUND:
The State Legislature amended Chapter 205 of the Florida State Statutes by the
passing of SB 364 in 1993. The amendments to Chapter 205 established
authority for governments to increase licenses taxes every other year by up to
5%. The Occupational License fees currently in effect were adopted by this
Ordinance in 1995. This is the second increase in the approved fees since the
passing of SB 364. The first fee increase of 4% was adopted August 4, 1998.
Staff is recommending a 5% increase in all individual fees as amended under
Ordinance 37-02. A majority of the classifications are assessed a flat fee of
$130.00, which will be increased to $136.00. All exceptions are detailed under
Section 110.15.
RECOMMENDATION:
Staff is recommending that the City Commission adopt Ordinance 37-02,
amending Section 110.15 of the Code of Ordinance, providing for a 5% increase
in all Occupational License Fees effective October 1, 2002. The Ordinance
should be made effective immediately to coincide with the City's renewal notice
and process.
ORDINANCE NO. 37-02
AN ORDINANCE OF THE CiTY GOMMISSION OF THE
CiTY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 110, "OGCUPATIONAL LICENSES GENERALLY",
SECTION 110.15, "LICENSE TAX SCHEDULE", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR AN INCREASE IN
OCCUPATIONAL LICENSE FEES: PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 110, "Occupational Licenses Generally", Section 110.15.
"License tax Schedule", of the City Code establishes the individual license tax required to be paid
annually to the City by persons engaging in or managing or transacting an occupation or profession;
and
WHEREAS, pursuant to Chapter 205, Florida Statutes, the City Commission has
determined it to be appropriate to increase said occupational license fees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 110, "Occupational
Licenses Generally", Section 110.15, "License Tax Schedule", of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 110.15 LICENSE TAX SCHEDULE.
The following enumerated individual liceme tax shall be paid to the City by the persons
engaging in or managing or transacting the several occupations or professions named yearly, unless
otherwise specified:
Classification All Fees '~ ~ ~
$136.00, except as noted
ABSTRACTING
Land title, warranty or security company. Each individual conducting the business of
abstracting title, either in part or in whole, shall pay a license tax.
ACADEMY OF MUSIC
ADULT ENTERTAINMENT
ADVERTISING
Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets
or other adverting matter, except local merchants and theaters advertising in this way their
own goods and merchandise, shall pay an annual license tax.
ADVERTISING
Agencies engaged in the business of bill posting shall pay a license tax, per year.
ADVERTISING OFFICE, PUBLIC RELATIONS
ALLEYS, BOWLING, BOXBALL OR TENPINS
E hlan otBo~
ac e $ .....
$21.90
AMBULANCES
Separate from undertaking, each
$76.50
AMUSEMENT PARLORS OR CONCERT HALLS
APARTMENT, ROOMING HOUSES
Per mom, excluding kitchen & bathrooms
$5.50
AQUARIUM
ARMORED CAR SERVICE
Each vehicle
· 70 OtB
$76.50
ART GALLERY
0)
(2)
(3)
(4)
Arc studio, workshop, classes
Artist, commercial
Artist material or supplies (SEE MERCHANTS)
Artist's outdoor sale:
Each sale, first day $ 31.20
Each day thereafter .¢ ~.~. a~,v
$32.80
Sn.OO
ASTROLOGIST, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS,
PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS
These activities and others of a similar nature, whether or not in connection with another
business, charging fees, shall pay a license tax.
ATHLETIC CLUB, GYMNASIUM
(Zoning)
AUCTIONEERS
2 Ordinance No. 37-02
AUCTIONS
AUCTION, REAL ESTATE
Per day
AUTOMATIC AMUSEMENT MACHINES, GAMES OR DEVICES, DISTRIBUTOR
Annual fee
Note: It is understood that this shall not be construed to license or permit operation or
display of gambling devices.
AUTOMATIC GAMES AND DEVICES
Or otherwise, marble games, such as throwing balls at figures and the like, which are not
elsewhere provided for in this chapter.
Each machine or apparatus $ 52.00 $ 54.60
AUTOMATIC TRADE MACHINES
Where only incentive to operate same is to procure such a gum, nuts and like
Each machine $ 31.20 $ 32.80
Distributor ,..........¢~ ~ r~$136.00
AUTOMATIC WEIGHING MACHINES DISTRIBUTOR
Each machine $10.~,0
$11.00
AUTOMOBILE OR MOTOR VEHICLES, TRUCKS, FARM TRACTORS AND FARM
IMPLEMENTS, MOTORCYCLES
(1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm
tractors and farm implements, with one principal place of business, not to exceed
one lot for display purposes, each agency, not to include repairs.
(2) Each adch'tional display lot.
(3) Rental of vehicle not to exceed 30 days as replacement for vehicles undergoing
repairs by agency.
AUTOMOBILE
(1) Automatic car wash, not in connection with other business
(2) Automobile association (See INSURANCE)
(3) Driving school
(4) Parking lots, commercial, each lot
3 Ordinance No. 37-02
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
AUTOMOBILE SERVICE STATION
Washing and polishing, greasing,
gasoline and oil, but not include
Repair shop or garage, in connection with auto agency
Repair shop or garage not in connection with other business
Self-serve car wash, first unit $ ~, 1.60 $ 43.70
Each additional unit $10.a, 0 $11.00
U-Drive rentals
Upholstering tops, seat covers and the like
Automobile used parts, dealers in, used for purposed other than junk
Wrecker service, towing
Auto detailing
lubrication and like servicing of automobiles, selling
repair work and not include the sale of merchandise
required to be licensed otherwise by ordinance under MERCHANTS.
AUTOMOBILE SERVICE STATION
Selling merchandise other than petroleum products used in greasing and lubrication shall pay
the MERCHANTS license on other merchandise in addition to the foregoing.
BABY SITTER SERVICE ~ $ 65.60
BAGGAGE OR FREIGHT TRANSFER COMPANY
BAKERY
Wholesale and retail, each store
BALL ROOMS FOR PROFIT
BANKS (National and State chartered)
SAVINGS AND LOAN ASSOCIATIONS (per Section 5219
Revised Statutes 12 U.S.C. 548)
BANKRUPTCY, CLOSING OUT, TRUSTEE SALE (See FIRST SALE)
BARBER SHOPS
4 Ordinance No. 37-02
BEACH EQUIPMENT
(Subject to bids to the Commission)
BEAUTY SHOPS
BIBLE, HOLY - SOLICITORS
BICYCLE SHOP, both retail and repair
BILLIARD, POOL OR BAGATELLE TABLES
For profit, each table~,e
BIRDS
Dealers
BLUEPRINTING SERVICE
Maps, plats and the like
BOAT AGENCIES, NEW/USED
Each lot, not to include repairs
BOATS FOR HIRE
Fishing, cruising or sightseeing (each boat)
BOAT HOUSES
Storage only
BOAT
MARINAS, DOCKAGE, YACHT BASINS
BOAT REPAIR
BOILER, MACHINE SHOPS OR FOUNDRIES
BONDSMAN, BAIL BONDS
BOOK MAGAZINE SOLICITORS
Per week
Per person
Interstate commerce
$ 52.00
No fee
BOOKKEEPER/ACCOUNTANT, not C.P.A
BOOT AND SHOE REPAIR SHOP
$ 54.60
$ 54.60
$ 21.90
5 Ordinance No. 37-02
BOTTLING WORKS
BROKERS
Stocks, bonds, mortgages, customs and others
BUILDING INSPECTOR
BUILDING AND LOAN ASSOCIATIONS (See BANKS)
BURGLAR ALARM COMPANY
BUS STATION, intrastate business only
BUSINESS COLLEGE, TRADE SCHOOLS
BUSINESS OFFICE
BUTCHER SHOP
CABINET SHOP
CARPET AND RUG CLEANING Each location
CATERERS
Fixed base or mobile, each truck $ 52.00
CERAMIC STUDIO
CHEMICAL COMPANIES
CHRISTMAS TREE SALES Season only, each lot
CITRUS FRUITS AND VEGETABLE RETAIL (See MERCHANT)
CLAIM AND COLLECTING AGENCIES
CLEANING, PRESSING, DYEING (See LAUNDRIES)
CLOTHING
Secondhand dealers
$ 54.60
6 Ordinance No. 37-02
COLD DRINK STAND (See MERCHANT)
COLD STORAGE
All types
COMMISSION MERCHANTS
Handling shipments (other than specifically provided for herein) on commission basis
COMPUTER SERVICE
CONCRETE PRODUCTS (See MANUFACTURER)
CONCRETE READY-MIX PLANT
(1) General
Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer
construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street
grading and paving and similar contract work)
(3) Structural and reinforced iron and steel
(4) Subcontractors and others as listed:
a. Concrete, stone, brick
b. Electrical
c. Heating and ventilating
d. House movers
eo Masons
f. Phsterers
g. Roofing
h. Sheet metal and tinsmith
i. Septic tank
j. Title
lc Well drilling
1. Floor sanding and finishing
m. Lathers
n. Plumbers
(5)
Any person who shall accept orders to be engaged in the business of accepting
orders or contracts on cost plus, fixed fee, stated sum, percentage basis or any
combination thereof, or for compensation other than wages for doing work on or in
7 Ordinance No. 37-02
any building or structure requiring the use of paint, stone, brick, mortar, cement,
wood, structural steel or iron, sheet iron metallic piping, tin, lead or any other
building material; or to do any paving or curbing on sidewalks or streets, on public or
private property, using asphalt, brick, stone, cemem or wood or any combination; or
to excavate for foundations or any other purpose, or to construct sewers, septic
tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any
and all description; and who is engaged in the business of building, remodeling,
repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage
or any combination thereof, or for compensation other than wages, shall be deemed
to be a contractor within the meaning of this chapter.
CONVALESCENT HOME (Not SANITARIUM)
Oxapter 400, Florida Statutes, zoning, State
Services regulations.
Departmem of Health and Rehabilitative
COSTUME, CLOTHING RENTAL
CREDIT BUREAUS
DAIRIES (Milk distributors, jobbers or creameries delivering milk)
Each truck · -~, o~
$ 76.50
DANCE HALLS
DANCING SCHOOLS
DATA PROCESSING (See PROFESSIONAL)
DEALERS IN SECONDHAND FIREARMS
This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a
permanent record of all purchases and sales, including dates, description of property
purchased or sold, names and addresses of persons purchasing or selling them
DELICATESSEN
DENTAL SUPPLIES
DENTAL TECHNICIAN LABORATORY
DEPARTMENT STORES (See MERCHANTS)
DETECTIVE AGENCY
Each location (State certificate)
8 Ordinance No. 37-02
DISTRIBUTOR
DOG AND PET GROOMING
Sale of supplies, (See MERCHANTS)
DRESSMAKING, HEMSTITCHING (No stock carried)
DRUGS, retail dealer (See MERCHANTS)
DRY CLEANING (See LAUNDRIES)
ELECTRIC LIGHT AND POWER COMPANIES
EMIGRANT AGENTS
Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or
soliciting laborers or emigrants.
EMPLOYMENT AGENCIES
ENGRAVE RS OR LITHOGRAPHE RS
EXPORT OR IMPORT COMPANIES
EXPRE SS COMPANIES (Intrastate only)
EXTERMINATORS (State certificate)
FERTILIZER MANUFACTURERS - MIXING PLANT
FIRE EXTINGUISHER SALES, SERVICE
FIRE AND WRECK SALES
(When not conducted by bona fide business concerns previously established and doing
business in the City), of undamaged goods of that firm having damage by fire or wreck, each
sale.
FISH AND POULTRY MARKET
FISH PEDDLER (See PEDDLERS OF MERCHANDISE)
FISHING TACKLE (See MERCHANTS)
FLORISTS OR DEALERS IN FLOWERS, Each
9 Ordinance No. 37-02
FOOD LOCKERS - COLD STORAGE
FRUIT, VEGETABLE STAND
FUMIGATING (See EXTERMINATORS)
FURNITURE AND HOUSE FURNISHING (See MERCHANTS)
GAS COMPANIES (1) Distributing and selling gas
(2) Selling bottled gas
(3) Gas tank wagon delivery only
GASOLINE AND OIL DISTRIBUTORS
Wholesale, storage facilities in the City of Delvay Beach
GOLF COURSES, Each
GOLF DRIVING RANGE, Each
GOLF, MINIATURE, Each
GUARANTY OR SURETY TITLE COMPANIES
GUARD, PATROL SERVICE (See DETECTIVE AGENCY)
GUNS, sales or repair
Need Federal firearms dealers license
HARNESS AND SADDLERY (See MERCHANTS)
HOME ~ATION
HOSPITAL, SANITARIUM
HOTELS
Per room, excluding kitchens and bathrooms $ 5.20 $ 5.50
HYPNOTISTS
Must meet requirement set forth in Florida Statutes Chapter 456
ICE CREAM MANUFACTURERS
ICE CREAM PARLORS
10 Ordinance No. 37-02
ICE CREAM WAGON OR TRUCK, Each $10~, .00 $109.20
ICE MANUFACTURING OR STORAGE
INSECTICIDE
Manufacturers or dealers
INSTALLERS, CARPETS
INSURANCE ADJUSTERS
INSURANCE AGENCY
For each company represented
INSURANCE
Baggage, each company represented
INSURANCE
Casualty, life, hospkalization, industrial, burial, bonding and surety companies, each
IMPORT, EXPORT (SEE EXPORT)
INTERIOR DECORATOR
INVALID AND HOSPITAL SUPPLIES
JEWELRY
Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell
(permanent records of all purchases and sales, including dates, description of property
purchased and sold, names and addresses of persons purchasing or selling required).
JEWELRY REPAIR
JEWELRY STORE (See MERCHANTS)
JUNK SHOPS OR DEALERS
License required whether or not sale or purchase or both, or solicitations are made.
KENNELS, ANIMAL (Approved location)
KEY SHOP, LOCKSMITH AND ASSOCIATED SERVICES (See MERCHANTS)
KNIFE, SCISSORS AND TOOL SHARPENER
11 Ordinance No. 37-02
LANDSCAPE COMPANY
LAUNDRY OR DRY CLEANING PLANT
Agem for out of town laundries
Local agency, permanent office
Se~f Serve
LAWN MAINTENANCE
LAWN SPRAYING
State Board of Health certificate
LINEN OR DIAPER SERVICE
LOAN, FINANCE, MORTGAGE COMPANY
LUMBER DEALERS
LUNCH STANDS, Not over 25 chairs
MACHINE SHOPS (Not automobile)
MAIL ORDER BUSINESS
MAINTENANCE (Floor, home, office, building)
MANICURIST, Each
MANUFACTURER
MARBLE AND GRANITE WORKS
MASSAGE SALON
MASSEUR, MASSEUSE, Each
MEATS (See BUTCHER SHOP)
$ 65.60
~ E.~ At~
$ 65.60
MERCHANDISE, Secondhand (See SECONDHAND DEALERS)
MERCHANTS, DRUGGISTS AND STOREKEEPERS
MESSENGER SERVICE (Exclusive of telegrams)
12
Ordinance No. 37-02
MIMEOGRAPH AND LETTER SHOP
MONUMENTS AND TOMBSTONES
MOTION PICTURE THEATERS
Giving performances of moving pictures or other forms of entertainment
MOVERS (See STORAGE)
MOVING COMPANY
MUSICAL DEVICES
Operator of mechanically operated (whether operated in connection with or separate from
any other business). License or tag must be displayed on each machine.
MUSICAL DEVICE S, Distributor
MUSIC TEACHERS
NAILS, ACRYLIC SHOPS (State certificate)
NE WSPAPE R PUBLI SHE R
NEWS COMPANIES, Owners or managers of
NEWSSTANDS
Owners or managers of, where daily and weekly newspapers or magazines, postcards and the
like are sold.
NIGHT CLUBS
Restaurants, dining rooms or other establishments, whether floor show or other form of
entertainment, exclusive of orchestra, is provided for guests.
NOVELTY WORKS (See MANUFACTURER)
NURSERY
Shrubs, trees, plants or landscaping.
NURSING HOME (See CONVALESCENT HOME)
OFFICE MACHINE REPAIRS (See REPAIR SHOP)
13 Ordinance No. 37-02
OIL (SEE GASOLINE)
PAINT MANUFACTURER (See MANUFACTURER)
PARCEL DELIVERY
Each vehicle
$-62-A0 $ 65.60
PAWNBROKERS
PEDDLERS OF MERCHANDISE
(1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each
person $ 20.80 $ 21.90
(2)
Peddlers who are not producers of the product they sell and who peddle from house
to house the products of the farm, grove or waters, shall pay a license tax per day of,
each person $ 20.80 $ 21.90
(3)
Peddlers, hawkers or vendors engaged in the occupation of selling products such as
fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle,
shall pay of license tax of, each vehicle $130.00 $136.00
Peddlers, hawkers, vendors, agents or solicitors soliciting business for out-of-town
business houses or enterprises not maintaining place of business in City, providing
however, that this provision does not apply to wholesalers dealing exclusively with
retailers,....~......¢* =~ ~t~ $136.00
(5)
Traveling stores, dry goods, groceries, clothing, boots and shoes
e~ ~ ~r~ $136 00
PET SHOP OR GROOMING (See DOG AND PET GROOMING)
PHOTO PROCESSING, FILM DEVELOPING
PHOTOGRAPHERS
PIANO TUNERS
PICTURE AGENTS
PLATING WITH METALS
PORTABLE TOILETS
14 Ordinance No. 37-02
POSTCARD STANDS, only
PRINT SHOP OR PUBLISHING
PRIVATE POSTAL MAILBOX
PRIVATE SCHOOLS (See SCHOOLS)
PROFESSIONAL
(1) The following practitioners are classed as professional, and each person engaged in the
practice of this profession other than persons receiving only a salary or wage by a
licensed practitioner in this City, is required to take out a professional license:
a. Accountants and auditors
b. Architects
c. Architects, landscaping
d. Attorneys and lawyers
e. Business consultant
f. Chemists
g. Chiropractors
h. Chiropodists
i. Data processing
j. Dentist
Draftsman
1. Engineers, civil~ consulting
Interior Design
n. Opticians
o. Optometrists
p. Osteopathic physicians
q. Physicians
r. Psychiatrists
s. Research laboratory or office, for profit
t. Surgeons
u. Tax consultant
v. Veterinarians or veterinary
w. Other professions not classified
(2) For each person operating with the person licensed in the preceding clause, other than
the professional employees.
PROPERTY MANAGEMENT
PROMOTERS
Entertainment, sports or contests
15 Ordinance No. 37-02
PUBLIC HALL FOR HIRE
PUBLIC STENOGRAPHER
PUBLISHING COMPANY
Books, directories and the like
RADIO COMMUNICATIONS
RADIO REPAIR SHOP (See REPAIR SHOPS)
RAILROAD COMPANIES, Each
REAL ESTATE AGENCY OR BROKER
RE CORDING STUDIO
REDUCING SALON
RENTAL EQUIPMENT, All types
REPAIR SHOPS, Each
REPAIR FROM TRUCK OR OTHER VEHICLE
RESTAURANTS (If dancing permitted, See NIGHT CLUBS)
Cafes and public eating places (whether food is served in connection with or separate from
other business, except dining rooms in connection with hotels).
RETIREMENT, REST HOME (See CONVALESCENT HOME)
RINKS, bicycle, skating or other
ROOF TRUSSES (See MANUFACTURER)
SAWMILL YARD
SCHOOLS
SE CONDHAND DE ALE RS
(1) In goods, wares and merchandise,
dealers exclusive of firearms. (See DEALERS
AND SECONDHAND CLOTHING).
16
secondhand or otherwise, known as secondhand
IN SECONDHAND FIREARMS
Ordinance No. 37-02
(2) All secondhand dealers shall keep a permanent record of all purchases and sales,
including dates, description of property purchased and sold, names and addresses of
persons purchasing or selling them.
(3) However, this business shall be adequately housed inside a substantial store building and
provided that before any person shall sell or be engaged in the business of selling goods,
wares, merchandise or other personal property, the sales being advertised as banlmapt,
insolvent, insurance assignee, trustee, auction, syndicate, railroad or other wreck,
wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or
otherwise, the person shall file an application with the Commission, which application
shall be passed bythe Commission and a license tax paid.
SECRETARIAL SERVICE
SEED STORES, wholesale and retail (See MERCHANTS)
SHIP BROKERS
SHOEMAKER AND REPAIRS
SHOOTING GALLERY
SIGN PAINTERS
Commercial but not erecting
SODA OR MINERAL WATER FOUNTAINS
SOLICITOR (See PEDDLERS OF MERCHANDISE)
SPORTING GOODS (See MERCHANTS)
STAMP OR OLD COIN DEALERS
STORAGE WAREHOUSE OR ROOM
TAILORS
TANNING SALON
TATTOO SALON
TAX AGENCY (See PROFESSIONAL)
17 Ordinance No. 37-02
TAXIDERMIST, or agents for
In addition to other license
TAXIS
First vehicle
Each additional vehicle
$109.20
$ 54.60
TELEGRAPH COMPANIES
TELEMARKETING
TE LE PHONE ANSWE RING SE RVICE
TELEPHONE SOLICITATION
(See Sections 118.40 through 118.45)
TELEPHONE SYSTEMS AND COMPANIES
Intrastate business only
TEMPORARY BUSINESS LICENSES
(1) Business temporarily located
extensions)
inside enclosed shopping mall; 30 days only (no · ~ ,~n $ 65 60
(2)
Special events, no more than once annually (if under three days), as approved by
Commission (each license, not otherwise enumerated herein). No Fee
0)
Special events, no more than once annually (in excess of three days), as approved by
Commission (each license, not otherwise enumerated herein)
· ~, A~ $ 65.60
TEMPORARY HOLIDAY/VENDORS
$ 6?.0 $ 65.60
TERMITE CONTROL COMPANIES
THEATRICAL DIRECTORS
Who charge for services in directing local talent plays or performances, each performance.
TOWEL, DIAPER, UNIFORM SUPPLY COMPANY
TOWING SERVICE (See AUTOMOBILE)
TRADE SCHOOLS
18 Ordinance No. 37-02
TRADING STAMP COMPANIES
TRAILER PARK
TRAILER, TRUCK RENTAL
TRAVEL BUREAUS
TREE PRUNER (Must have insurance)
TRUCKS
Motor driven, also doing freight transportation, hauling or transfer business for profit,
except where other licenses are paid in conducting business, each. (Does not apply to trucks
owned by the city, county or state).
U-DRIVE-IT CARS (See AUTOMOBILE)
UNDERTAKERS, EMBALMERS AND FUNERAL DIRECTORS
UNIFORM SUPPLY (See TOWEL, DIAPER, UNIFORM SUPPLY COMPANY)
UPHOLSTERER
VENDING MACHINES (See AUTOMATIC TRADE MACHINES)
VENETIAN BLINDS
Repair, installation and associated services
VALCANIZING
Each place of business
WATCH REPAIR
WATER, sold in bottles (See BOTTLING WORKS)
WATER COMPANIES
Persons operating same
WATER SOFTENING SERVICE
WEIGHT CLINIC
WEIGHING MACHINES (See AUTOMATIC TRADE MACHINES)
19 Ordinance No. 37-02
WHEELCHAIR RENTAL (See INVALID)
WINDOW CLEANING
WINDOW TINTING
WOOD YARD
WRECKER SERVICE (See AUTOMOBILE)
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That the occupational license tax increases enumerated in Section 1, above, shall
become effective October 1, 2002.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2002.
MAYOR
ATIEST:
City Clerk
First Reading
Second Reading
20 Ordinance No. 37-02
Date: August 13, 2002
Agenda Item No.
AGENDA REQUEST
Agenda request to be placed on:
X Regular
When: August 20, 2002
Description of Agenda Item:
__ Special __ Workshop __ Consent
Increasing Occupational License Fees -Amending Section 110.15 of the Code of
Ordinances
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~~~--:----------------~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Altematives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
HoldAppr°ved f°r agenda: ~-~/N°~/J/~ '1 Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~4
AGENDA ITEM [ 0 ~. REGULAR MEETING OF SEPTEMBER 3, 2002
RESOLUTION NO. 72-02 (TENTATIVE MILLAGE LEVY)
AUGUST 30, 2002
Resolution No. 72-02 tentatively levies a tax on all properties in the C~ty of Delray Beach for FY 2003
as follows:
7.44 mills for operation and maintenance of the General Fund
0.56 mills for the payment of principal and interest on bonded indebtedness
8.00 mills = tentative millage rate
The tentative millage rate of 8.0 nulls is equal to the millage for FY 2002. The rolled back rate
calculated under the TRIM law for operating purposes is 6.8512 mills. The tentative millage rate is
8.59% above the rolled back rate.
The assessed valuation on all taxable property within the City for operating purposes ~s
$4,167,822,706. The assessed valuation for debt service is $4,168,301,249. The reason for the
differential is the exempuons that were granted to historic properties in the City. They apply to
operating millage only.
Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the
adoption of the resolution.
Final adoption of the FY 2003 budget is scheduled for September 17, 2002.
Recommend approval of Resolution No. 72-02.
Ref'Agmemo20.Re.72-02.Tentat~ve Millage Levy. FY 2003
RESOLUTION NO. 72-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON
ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND
TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF
PRINCIPAL AND INTEREST ON BONDED
INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE
SAID COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a tax of $7.44 per one thousand dollars ($1,000.00) of assessed valuation ~s
hereby tentauvely lev~ed on all taxable property w~thin the City of De[ray Beach for the fiscal year
commencing October 1, 2002, and enchng September 30, 2003. There shall be and hereby is appropriated for
the General Fund operations of the City revenue derived from said tax for operating and maintenance
expenses of the General Fund, and also in adchtion, all revenues derived by said City durmg said fiscal year
from all other sources other than the tax levy for current bond service and that part of collection of
dehnquent taxes levied for bond servxce. The assessed valuauon on all taxable property for operating
purposes w~th~n the City of De[ray Beach is $4,167,822,706. The tentative operaung millage rate of $7.44 per
one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.8512 per one thousand dollars ($1,000.00)
by 8.59%.
Section 2. That the amount of money necessary to be raised for interest charges and bond
redempnon which consututes a general obligation bonded indebtedness of the C~ty of De[ray Beach is
$2,216,320. There is hereby appropriated for the payment thereof, all revenues derived from the tentattve tax
levy of $0.56 per one thousand dollars ($1,000.00) of assessed valuation, whtch is hereby levied for that
purpose for the fiscal year commencing October 1, 2002, and ending September 30, 2003, upon the taxable
property of the City of De[ray Beach, the assessed valuation being $4,168,301,249.
Section $. That the above tentauve millage rates are adopted subject to adjustment in
accordance w~th Secuon 200.065(5) of the Florida Statutes whmh provides that a mumcipahty may adlust its
adopted nullage rate if the taxable value w~thxn the jurisdiction of the taxing authority as cerufied pursuant to
Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the
assessment roll to be extended.
Section 4. That a public hearing was held on the proposed budget on September 3, 2002.
PASSED AND ADOPTED in regular session on th~s the 3'd day of September, 2002.
ATTEST:
MAYOR
City Clerk
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~q/b1
AGENDA ITEM ~ O Q.. REGULAR MEETING OF SEPTEMBER 3, 2002
DATE:
RESOLUTION NO. 73-02 (TENTATIVE MILLAGE LEVY IN THE DDA
TAXING DISTRICT)
AUGUST 30, 2002
Resolution No.73-02 tentatively levies a tax in the amount of 1.00 mill on all properties within the
Downtown Development Authority Taxing District of the City of Delray Beach for FY 2003. This
tentative rmllage exceeds the 0.9804 rolled back rate calculated under the TRIM law by 2%.
A copy of the DDA's Certification of Taxable Value is attached, along w~th a copy of the DDA
budget for FY 2003.
Recommend approval of Resolution No.73-02. Final adoption of the DDA tax levy for FY 2003 is
scheduled for September 17, 2002.
Ref Agrnemo20 Res 73-02 Tentanve M~llage Levy DDA FY 2003
RESOLUTION NO. 73-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON Al,I,
PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT
AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION,
AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed valuauon is
hereby tentauvely lemed on all taxable property within the Downtown Development Authority Taxing
D~strict of the C~ty of De[ray Beach for the fiscal year commencing October 1, 2002, and ending September
30, 2003. There shall be and hereby is appropriated for the purpose of financing the operauon of the
Downtown Development Authority Taxmg District revenue derived from sa~d tax for operating and
maintenance expenses of the Downtown Development Authority Taxing D~stfict, and also m addition, all
revenues derived by said Taxing District during smd fiscal year from all other sources other than the tax levy
for current bond service and that part of collection of dehnquent taxes lev~ed for bond service. The assessed
valuation on all taxable property for operaung purposes within the Downtown Development Authority
Taxing District of the City of De[ray Beach is $189,541,990. The tentanve operaung mtllage rate of $1.00 per
one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.9804 per one thousand dollars ($1,000.00)
by 2%.
Section 2. That the above tentauve millage rate is adopted pursuant to Florida Statutes
Section 200.065(2)(e)(2), and subject to adjustment m accordance with Section 200.065(5) of the Florida
Statutes which provides that each affected taxing authority, other than mumcipalities, counues, school boards,
and water management districts, may adjust its adopted millage rate ~f the taxable value w~thin the jurisdiction
of the taxing authority as cerufied pursuant to Sectton 200.065(1) ~s at variance by more than three percent
(3%) w~th the taxable value shown on the assessment roll to be extended.
Section 3. That a public heanng was held on the proposed budget on September 3, 2002.
PASSED AND ADOPTED in regular session on this the 3~d day of September, 2002.
ATTEST:
MAYOR
C~ty Clerk
SECTION I
2002
PALM BEACH
CERTIFICATE OF TAXABLE VALUE
Year
County To Delra¥ Beach
(1) Current Year Taxable Value of Real Property for Operating Purposes
(2) Current Year Taxable Value of Personal Property for Operating Purposes
(3) Current Year Taxable Value of Centrally Assessed for Operating Purposes
(4) Current Year Gross Taxable Vaiue for Operating Purposes (1) + (2) + (3)
(5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative
Improvements increasing Assessed Value By At Least 100% + Annexations - Deletions)
(6) Current Year Adjusted Taxable Value (4) - (5)
(7) Prior Year Final Gross Taxable Value (From Prior Year Applicable Form DR-403 Series)
- D.D.A.
(Name of Taxing Authority)
189,541,990
0
0
189,541,990
13,861,239
175,680,751
172,234,491
I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand and official
signature at West Palm Beach, F,. ,th~2~ ~(~UNE2002. .
~gnatur~ of Property Appraiser
TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification
and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter NIA or -0-.
Per $1,000
$ 1.0000
SECTION II
(8) Prior Year Operating Millage Levy
(9) Prior Year Ad Valorem Proceeds (7) x (8)
(10) Current Year Rolled-Back Rate (9)/ (6)
(11) Current Year Proposed Operating Millage Rate
DR-420
R.01/95
1_72=%34
0.9804
Per $1,000
I. 0000 Per $1,000
112) Check one (1) TYPE of Taxing Authority
[ ! I County ~-~ Municipality ~ Independent
[ Special District
Dependent ~ Municipal Service
District Taxing Unit
Multi-County
Water Management District
(13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE.
(14) Current Year Millage Levy for VOTED DEBT SERVICE $ -0-
(15) Current Year OTHERVOTED MILLAGE $ -0-
[ DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) I
(16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ n/a
& MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420)
(17) Total Prior Year Proceeds: (9) + (16) $ n/a
(18) The Current Year Aggregate Rolled-back Rate: (17) / (6) $ n/a
¢19) Current Year Aggregate Rolled-back Taxes: (4) x (18) $ n/a
(20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal $ n/a
Taxing Authority, all Dependent Districts, & MSTU°s if any. Line (11) x Line (4)
(21) Current Year Proposed Aggregate Millage Rate: (20) / (4) $ n/a
(22) Current Year Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate: n/a
[(Line 21 / Line 18) - 1.00] x 100
Date, Time and Place of the first Public Budget Hearing: September 3, 2002, 7: 00 P,m., C-[ty
Delray BEach City Hall. 100 N.W. ~r~ Avenue; npl~y ~. F~or!d~
I do hereby certify the miilages and rates shown herein to be correct to the best of my knowledge and belief FURTHER,
I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official
signature at ; Delr~.y ]~each , Florida, thisthe 23rd dayof July
. · ~ ~.~--! ~ David T. Harden
~_~k~ ~ ./~,f~-~--~ity Manaser Same
Signature and title of Chief Administrative Officer Address of Physical Location
Per $1,000
Per $1,000
Per $1,000
Per $1,000
%
100 N.~[. First Avenue
Maihng Address
Delr~y Beach, FL'. 33444
City State
Joseoh M, gaf~orH Dir~rrnr n~= F~_~nce
Name of'Contact Person : -
561-243-7]
Zip Phone Number
SEE INSTRUCTIONS ON REVERSE SIDE
561-243-7166
Fax Number
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~5]{~)~[
AGENDA ITEM · - REGULAR MEETING OF SEPTEMBER 3, 2002
RESOLUTION NO. 74-02 (TENTATIVE BUDGET ADOPTION FOR FY
2003)
AUGUST 30, 2002
Resolution No. 74-02 makes tentative appropriations of sums of money for all necessary expenditures
of the City for FY 2003. The tentative appropriations are set forth in Exhibit "A" to the resolution.
Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the
adoption of the tentative budget. Final adoptton of the budget for FY 2003 is scheduled for
September 17, 2002.
Recommend approval of Resolution No.74-02.
Ref Agmemo20 Res 74-02 Tentanve Budget Adoptton FY 2003
RESOLUTION NO. 74-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH FOR THE PERIOD FROM THE 1st DAY OF
OCTOBER, 2002, TO THE 30~h DAY OF SEPTEMBER, 2003; TO
PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS
WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND
THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION AND
ALI. RESOLUTIONS INCONSISTENT WITH THIS
RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached hereto and marked Exhibit
"A", are hereby tentattvely appropriated upon the terms and condinons herein set forth.
Section 2. That, subject to the quahfications contained in this resolution, all
approprianons made out of the General Fund are declared to be maximum, conditional and
proportionate appropriations, the purpose being to make the appropriations payable in full m the
amounts herein named if necessary and then only in the event the aggregate revenues collected and
other resources available during the period commencing the 1st day of October, 2002, and ending
the 30th day of September, 2003, for which the appropriations are made, are sufficient to pay all the
appropnauons in full. Otherwise, said appropriations shall be deemed to be payable in such
proportion as the total sum of reahzed revenue of the General Fund is to the total amount of
revenues esttmated by the City Commission to be available in the period commencing the 1st day of
October, 2002, and ending the 30~h day of September, 2003.
Section 3. That all balances of the appropriations payable out of the General Fund
of the City Treasury unencumbered at the close of business on the 30th day of September, 2001,
except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be
used for the payment of the appropriations whtch may be made in any approprianon for the fiscal
year commencing the 1s~ day of October, 2002. However, nothing in this section shall be construed
to be apphcable to unencumbered balances remaining to the credit of the Water and Sewer Fund,
Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be
used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1s~
day of October, 2002.
Section 4. That no department, bureau, agency or individual receiving
appropriations under the provisions of tins resolution shall exceed the amount of its appropriation,
except with the consent and approval of the City Commission first obtained. If such department,
bureau, agency or individual shall exceed the amount of its appropriauon without such consent and
approval of the City Commission, the administrative officer or individual, m the discretion of the
City Comrmss~on, may be deemed guilty of neglect of official duty and may be sublect to removal
therefore.
Section 5. That nothing in this resolution shall be construed as authorizing any
reduction to be made m the amounts appropriated m this resolution for the payment of interest on,
or retirement of, the debt of the Czty of Dekay Beach, Florida.
Section 6. That none of the monies enumerated in this resoluuon m connection
with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall
be expended for any purposes other than those for winch they are appropriated, and ~t shall be the
duty of the Budget Admimstrator and/or Finance Director to report known v~olafions of this
section to the Cxty Manager.
Section 7. That all monies collected by any department, bureau, agency or
individual of the City government shall be paid promptly into the City Treasury.
Section 8. That the foregoing budget xs hereby tentatively adopted as the official
budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with
respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum
amounts for classes of expenditures/expenses winch have been included in this resolution.
Section 9. That a public hearing was held on the tentative tax leW and the tentative
budget on September 3, 2002.
Section 10. That this resolution shall become effective immediately upon its
passage.
PASSED AND ADOPTED in regular sessxon on this the 3a day of September,
2002.
ATTEST:
MAYOR
City Clerk
2 Res. No. 74 -02
EXHIBIT A
BUDGET SUMMARY
CASH BALANCES BROUGHT FORWARD
ESTIMATED REVENUES:
TAXES
AD VALOREM TAXES
AD VALOREM TAXES
AD VALOREM-DELINQUENT
AD VALOREM - DDA
Sales & Use Taxes
Franchise Taxes
Utility Taxes
Other Taxes
Licenses & Permits
Intergovernmental
Charges for Services
Fines & Forfeitures
Miscellaneous Revenues
Other Financing Sources
TOTAL REVENUES AND OTHER
FINANCING SOURCES
TOTAL ESTIMATED REVENUES
AND BALANCES
GENERAL
FUND
DOWNTOWN
DEVELOPMENT ENTERPRISE
FUND FUNDS
Millages
7 44 29,458,170
0 56 2,217,540
74,000
100
1,643,000
3,181,600
3,844,000
4,000,000
2,747,030
6,344,830
5,510,200
857,500
2,542,990
3,428,410
65,849,270
65,849,270
SPECIAL
REVENUE
FUNDS
TOTAL
0 101,050 1,010,810 211,000 1,322,860
1,564,790
180,070
24,250
30,593,480
6,000 1,097,880 88,000
963,000 1,464,420
29,458,170
2,217,540
74,000
180,070
1,643,000
3,181,600
3,844,000
4,000,000
2,747,030
7,933,870
36,103,680
857,500
3,734,870
5,855,830
186,070 32,678,610 3,117,210 101,831,160
287,120 33,689,420 3,328,210 103,154,020
EXPENDITURES/EXPENSES:
General Govemment Services
Public Safety
Physical Environment
Transportation
Economic Environment
Human Services
Culture & Recreation
Debt Service
Other Financing Uses
TOTAL EXPENDITURES/EXPENSES
Reserves
TOTAL EXPENDITURES AND RESERVES
6,669,540
36,584,740
342,000
1,449,940
2,522,140
116,400
8,977,070
3,954,970
5,092,040
65,708,840
140,430
65,849,270
287,120
287,120
0
287,120
16,749,330
4,476,360
6,991,000
5,369,460
33,586,150
103,270
33,689,420
35,000
1,528,060
1,528,510
223,960
3,315,530
12,680
3,328,210
6,669,540
36,619,740
17,091,330
1,449,940
4,337,320
116,400
14,981,940
10,945,970
10,685,460
102,897,640
256,380
103,154,020
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM # e._]-~. REGULAR MEETING OF SEPTEMBER 3. 2002
ORDINANCE NO. 38..02 (AMENDING CHAPTER 51 "GARBAGE AND
TRASH~)
AUGUST 30, 2002
This ordinance is before the City Commission to amend Chapter 51 "Garbage and Trash" of the
Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" in accordance with the
awarded contract to Browning Ferris Industries, Inc. (BF1); garbage, recycling, yard trash, bulk trash,
and commercial container fees are being amended. Waste collection charges are being increased by
1.6%. These rates go into effect October 1, 2002.
Recommend approval of Ordinance No. 38-02 on first reading. If passed, a public hearing will be
scheduled for September 17, 2002.
RefiAgmemo14.Ord.38-0ZGarbage Increase 09-0~-02
MEMORANDUM
TO:
FROM:
DAVID HARDEN
CITY MANAGER
Barbara Schooler
Utilities Customer Service manager
THRU:
Joseph Safford
Director of Finance
SUBJECT: Approval of Ordinance No. 38-02
DATE:
August 29, 2002
We are requesting Commission approval of Ordinance No. 38-02 (Amending Chapter 51
"Garbage and Trash") of the Code of Ordinances.
There has been an annual increase of the collection portion of the garbage rate based on
the Consumer Price Index. This year the applicable rate is 1.6%.
The other portions of the rate structure are fixed and will remain fixed over the 5-year life
of the Browning Ferris Industries, Inc. (BFI) contract.
ORDINANCE NO. 38-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.70, "REGULAR CHARGES
LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE RATES FOR
FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission finds it necessary and appropriate to increase the
collection rates for sanitauon services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Secnon 1. That Tide V, "Public Works", Chapter 51, "Garbage and Trash", Sectmn
51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for collection service:
Charges for the below-described collection service shall be as follows and shall
commence when a certificate of occupancy is issued for any residential or commercial units, and
shall continue monthly thereafter unless service is chscontmued in accordance w~th Sec. 51.73:
(A) Residential Service (Single Family Homes, Duplexes, Triplexes,
Quadplexes and Mobile Homes)
Curbside Rollout Carts
Monthly Service
Cost Per Unit
Garbage Collection
Recycling
Yard Trash
Total Fees - Contractor
2.65 2.69.
~ 1.47
~ ox 1.88
5.95 6.04
Cart Replacement 9.99 0.90
Admimstrauve Fee 0.35 0.35
Franchise Fees (5%) 9.30 0.30
Total Fees $ gvraO 7.59
Rear-door Owner Container
Monthly Service
Cost Per Unit
Garbage Collection $ gAO 8.53
Recycling ~...oA ~ 1.47
YardTrash 1.85 1.88
Total Fees - Contractor $I 1.70 11.88
Administrative Fee
Franchise Fee (5%)
9.35 0.35
~ =n 0.59
Total Fees ~ 12.82
Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup
Monthly Service
Cost Per Unit
Garbage/Trash Collection $1.70 1.73
Recycling ~.. A... ~ 1.47
Yard Trash I.°,,5 1.88
Total Fees - Contractor $ 5.00 5.08
Admimstrauve Fee
Franchise Fee (5%)
0.35 0.35
n ~= 0.25
Total Fees $ 5.6~n 5.68
(B) Multi-Family Service
Multiple-family dwelling units containing five (5) umts or more shall use
containers emptied by mechamcal means, except as otherwise approved by the City because of lack
of statable space for a mechanical container or other good reason. Mulfiple-fatmly monthly fees
shall be based '~ncludc acc, n~axncz ..... ~ ..... o__~_n a per unit charge. These mon rates assume two
(2) p~ck ups per week. If the amount of refuse generated reqmres more than two (2) ':~'7.ca pick ups
per week,.,,~,,,--~' ...... u,,., then the third (3rd) and all subsequent collecuons shall be charged by the
2 Ord. 38 -02
Contractor at the commercial collection rate only.
Collection & Hauling Rate Per Unit
Monthly Service
Refuse Collection
Recycling
Total Per Umt Fee-Contractor
Administrauve Fee
Franchise Fee (5%)
Total Monthly Fees Per Unit
(C) Commercial Service.
(1) Commercial customers shall
Monthly Cost Per Unit
$2.00 $2.03
n o= 0.86
o o= 2.89
n ~ 0.35
n~A 014
$3.?, $$.38
use mechanical containers or rollout carts.
Commercial customers shall include all customers other than residential or mulu-fanuly customers.
Commercial customers may use any of the following containers for accumulation of refuse:
(a) Rollout carts. The City shall require any cornmerc~al customer needing
more than sm (6) rollout carts to use mechanical containers, ff feasible.
(b) Mechamcal containers.
(2) The owners/operators of commercxal establishments and other commercial
customers shall accumulate such refuse in those locations mutually agreed upon by the
owner/operator and the City or 1ts contractor, and which are convenient for collection by the City
or its contractor.
(3) Containers emptied by mechanical means shall be provided by the City or its
contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer
and the C~ty or ~ts contractor, but not less than one day a week nor more than sm seven days a week.
(4) Commercial customers needing sm (6) or less rollout carts, and those approved
for this type of service by the C~ty in advance because they lack a statable location for a mechamcal
container shall be serviced at least once per week. All garbage and commercial trash shall be
collected from such refuse containers at locauons agreed to between the City or its contractor and
the customer. The charge shall be based upon the following schedule:
3 0rd. 38-02
Container Size
2 yd
Collection
Disposal
Commercial Rates (Monthly)
Container Pickup Frequency (Per Week)
1 2 3 4 5 6 7
11.00 22.00 33.00 43,99 S4.99 65.99 76.99
16.28 32.56 48.84 65.12 81.40 97.68 113.97
Container
Maintenance Fee
Total Contractor Fees
Franchise Fees (5%)
Total Fees
19.40 19.40 19.40 19.40 19.40 19.40 19.40
46.68 73,96 101.24 128.51 155.79 183.07 210.36
-, '~'~ ~ ~.o &04 ~_ 'm 7 75 n ~n ~n 4,:_
2.33 3.70 5.06 6.43 7.79 9.15 10.52
49.01 77.66 106.30 134.94 163.58 192.22 220.88
3 yd
Collection
$ I.~.?. $ ~ $ J8.72 $ ~J.95 $ gl.19 $ ~
16.50 33.00 49.49 65.99 82.49 98.98 115.48
Disposal 24.42 48.84 73.26 97.68 122.11 146.53
Container
Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44
Total Contractor Fees
170.95
21.44
62.36 103.28 144.19 185.11 226.04 266.95 307.87
4 0rd. 38-02
Franchise Fees (5%)
Total Fees
3.11 5.14 7.17 nan
3.12 5.16 7.21 9.26 11.30 13.35
65.48 108.44 151.40 194.37 237.34 280.30
15.39
323.26
4 yd
Collection
Disposal
Container
Maintenance Fee
Total Contractor Fees
Franchise Fees (5%)
Total Fees
22.00 43.99 65.99 87.99 109.98 131.98
32.56 65.12 97.68 130.25 162.81 195.37
22.21 22.21 22.21 22.21 22.21 22.21
76.77 131.32 185.88 240.45 295.00 349.56
'1 0'3 L ~9. ~ '1,4 I I ~L I 4 LL I '7 '1'7
3.84 6.57 9.29 12.02 14.75 17.48
$ 80r24 {1'1~ lt~ $~'94708 $~"~d'l',"~ {'lfl~'7 ~'l
80.61 137.89 195.17 252.47 309.75 367.04
153.97
227.93
22.21
An1 <0
404.11
~ ~o
20.21
424.32
6 yd
Collection
Disposal
Container
Maintenance Fee
Total Contractor Fees
33.00 65.99 98.99 131.98 164.97 197.97
48.84 97.68 146.53 195.37 244.21 293.05
25.53 25.53 25.53 25.53 25.53 25.53
...... Sg69MO e~tn on $J32.12 ¢=~ 4~
107.37 189.20 271.05 352.88 434.71 516.55
230.97
341.90
25.53
598.40
5 Ord. 38 -02
Franchise Fees (5%)
Total Fees
8 yd
Collection
Disposal
Container
Maintenance Fee
Total Contractor Fees
Franchise Fees (5%)
Total Fees
~ '1.4 0 At 19. 4'7 1W ~4 01 Kt "~,~ KW
5.37 9.46 13.55 17.64 21.74 25.83
112.74 198.66 284.60 370.52 456.45 542.38
43.99 87.99 131.98 175.97 219.96 263.96
65.12 130.25 195.37 260.49 325.62 390.74
27.09 27.09 27.09 27.09 27.09 27.09
$135.51 $2~3.9~ $352.35 Sq6O.7g $569.21 t~.w~=
136.20 245.33 354.44 463.55 572.67 681.79
6.81 12.27 17.72 23.18 28.63 34.09
$t4g,-29 $-~,6A4~ov...ve~n no $~~o.*:a~, .v,~
143.01 257.60 372.16 486.73 601.30 715.88
29.92
628.32
307.95
455.86
27.09
790.90
39.55
830.45
6 Ord. 38 -02
2 yd
Commercial Front-Load Compacting Containers
! 2 3 4
Collecuon
D~sposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
$1 ,~.°,9,9
17.16
61.08
77.97
78.24
3.91
SSa.s7
$82.15
3 yd
Collection
Disposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
$50..57
51.48
183.19
234.67
11 KO
11.73
246.40
5 yd
Collection
D~sposal
Total Contractor Fees
Franchise Fees (5%)
Total Fees
$42.21
42.89
152.62
195.51
9-34
9.78
205.29
$12~.~
128.69
457.91
~OA ~
586.60
29.33
615.93
6 yd
Collection
Disposal
205.88
732.64
7 Ord. 38 -02
Total Contractor Fees
Franchise Fees (5%)
Total Fees
938.52
46.93
985.45
Commercial/Multi-Family Rolloff Containers:
Open-top rolloff container
$93.00 94.49 per pickup plus disposal cost
Compactors
$93.00 94.49 per pickup plus disposal cost;
PLUS monthly container rental
15 Yard $250.00
20 Yard 295.00
30 Yard 345.00
40 Yard 395.00
Excludes commercial recycling containers and construction/demolition debris.
Commercial 95-Gallon Cart Service
Pickups
Per Week CoUection Disposal Container Month~ Charge Fr. Fees Total Fees
! $ 2.55 2.69 $ 8.14 $2.00 $ 12.79 12.83 $ 0.6~ 0.64 $ 13.~3 13.47
2 = an 5.39 16.28 2.00 ~= =o 23.67 I 4o 1.18 .A .~ 24.85
~ 7.95 8.08 24.42 2.00 /34-.3¢ 34.50 1.72 1.73 36.09 36.23
~ 10.60 10.77 32.56 2.00 ~ 45.33 2.26 2.27 ~ 47.60
5 ~.,~ 13.47 40.70 2.00 =~ n~ 56.17 ~.~ o~ 2.81 ~.,~=° ~ 58.98
fi 15.90 16.16 48.84 2.00 66-.74 67.00 ~34 3.35 70.9g 70.35
NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the
anticipated Solid Waste Authority tipping fee to be effecuve October 1, 2901 2002.
8 Ord. 38 -02
84 - 30-GaUon
BFI currently picks up individual 30-gallon cans along Atlantic Avenue, the beach area, and
Pineapple Grove. Out of a total of 104 containers, 84 do not have property, control numbers and,
therefore, the C~ty is not charged for disposal costs by the Sohd Waste Authority. BFI, by contract,
does not charge the City. for collection costs but should be paid for theft chsposal costs. Since the
Sohd Waste Authority does not rewnburse BFI for these disposal costs, ~t should be the
respons~b~hty of the Cxty to reimburse them.
The City. will be billed $7,390.66 annually which will be computed as follows:
84 30 gallon containers picked up 6 times per week
$28 per ton disposal rate charge by SWA = $1.88 per cubic yard
30 gallon container =. 15 cubic yards
84 containers X .15 cubic yards X 6 pick ups per week X 52 weeks X $1.88 = $7,390.66
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 3. That should any section or provision of this ordinance or any pornon thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the valichty of the remainder hereof as a whole or part thereof other than
the part declared to be mvahd.
Section 4. That this ordinance shall become effective on October 1, 2002.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2002.
MAYOR
ATTEST:
9 Ord. 38 -02
City Clerk
First Reading
Second Reading
10 Ord. 38-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~f'~/1
AGENDA ITEM # ~'~} REGULAR MEETING OF SEPTEMBER 3, 2002
ORDINANCE NO. 39-02 (AMENDING CHAPTER 52 "WATER")
AUGUST 30, 2002
This ordinance is before the City Commission to amend Chapter 52 "Water" of the Code of
Ordinances by modifying Section 52.34, ''Water Rates" to provide for a rate increase of seven percent
(7%) These new rates go into effect on October 1, 2002.
Recommend approval of Ordinance No. 39-02 on first reading. If passed, a public heating will be
scheduled for September 17, 2002.
Ref Agmemo 14 Ord 39-02 Water Increase 09-03-02
ORDINANCE NO. 39-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52,
"WATER", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER
RATES", SUBSECTION 52.34(B), TO PROVIDE FOR
INCREASED RESIDENTIAL, NONRESIDENTIAL AND
IRRIGATION RATES FOR FY 2003; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, to provide for accurate accounting of services,
the City Commission desires to more accurately reflect the payment
for services provided for the rendition of water services on a
prorated basis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 52,
"Water", Section 52.34, "Water Rates", subsection 52.34(B), of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
(B) Monthly rates. The monthly rates (except for fire
hydrants as set forth in Sec. 52.03) for water furnished by the
water facilities or plant of the City to customers within and
outside the corporate limits of the City, which unless otherwise
indicated shall include the appropriate customer charges, capacity
charges, and commodity charges for all customers, are fixed as shown
in the following schedule:
Residenti&l
Customer charge
(per meter)
Inside City
Outside City
$ ~ 1.50 $ 1.75 1.88
Capacity charge
(charged to all
customers, per
residential
dwelling unit)
9 00 ~n =n 11.25
Commodity charge
(all metered
consumption-per 1,000
gallons)
Zero to 3,000 gallons
4,000 to 20,000 gallons
21,000 to 35,000 gallons
36,000 to 50,000 gallons
Above 50,000 gallons
1.16 1.24 ~-=44 1.55
1.27 1.36 ~ 1.70
~ 1.50 1.75 1.88
~ =~ 1 63 ~ ~ 2 04
1.74 1.86 2.17 2.33
Nonresidenti&l and Irri~&tion
Customer charge
(per meter)
$ ~ 1.50 $ 1.75 1.88
Capacity charge
(based upon
meter size):
3/4-inch meter
1-inch meter
1-1/2-inch meter
2-inch meter
3-inch meter
4-inch meter
6-inch meter
8-inch meter
10-inch meter
lA a~
~O ~
392.31
9 00
15 01
29 95
47 95
104 96
188 89
419 77
719 53
~a O1 59
~ ay 131
220.67 236
An~ ~ 524
8d.13~ 899
29 ~ ~ ~c 1 424
1,06=~ .7g 1,139
11 25
18 76
37 44
94
20
11
71
41
11
Commodity charge
(all metered
consumption-per 1,000
gallons)
1.27 1.36 1.59 1.70
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
2 Ord. No.39-02
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4.
October 1, 2002.
That this ordinance shall become effective on
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 2002.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
3 Ord. No. 39-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~t
AGENDA ITEM # IS ~. REGULAR MEETING OF SEPTEMBER 3, 2002
ORDINANCE NO. 40-02 (AMENDING CHAPTER 53 "SANITARY
SEWERS")
AUGUST 30, 2002
This ordinance is before the City Commission to amend Chapter 53 "Sanitary Sewers" of the Code of
Ordinances by modifying Section 53.130, "User Charges: Wholesale Sewer Rates; Calculation of
Sewer Surcharge" to provide for a rate increase of seven percent (7%) in the capacity and commodity
charges. These new rates go into effect October 1, 2002.
Recommend approval of Ordinance No. 40-02 on first reading. If passed, a public hearing will be
scheduled for September 17, 2002.
Ref Agrnemol40rd 40-02 Sewer Increase 09-03-02
ORDINANCE NO. 40-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER SURCHARGE", SUBSECTION
53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL
AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2002;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, to provide for accurate accounting of services,
the City Commission desires to more accurately reflect the payment
for services provided for the rendition of sewer services on a
prorated basis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 53,
"Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer
Rates; Calculation of Sewer Surcharge", subsection 53.130(D), of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
(D) The following rates and charges shall be collected
from the users of the City sewerage system:
(1) Residential dwelling units. A monthly sanitary
sewer service charge is imposed upon each residential dwelling unit,
as more specifically set forth hereinafter, to which sanitary sewage
service is available through the facilities afforded by the
municipally-owned sewerage system, according to the following
schedule:
Residenti&l
Inside City Outside City
(a)Capacity charge
(per residential
dwelling unit):
10.~ 10.95 ~o.,T°~ 13.69
(b)Commodity charge
(based on metered
water with maximum
of 12,000 gallons):
City (per 1,000
gallons)
1.33 1.55 1.66
(c) South Central
Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons)
.7] 0.73 .gl 0.91
NO?ES: Where no water service is provided and the user is
connected to the sanitary sewer system, the commodity charge shall
be based on the maximum of 12,000 gallons. This is in addition to
the capacity charges as set forth above.
Where no water service is provided and the user is not
connected to the sanitary sewer system, and sewer service is
available for connection, there will be a capacity charge as set
forth above.
(2) Nonresidential/co~merci&l units. A monthly
sanitary sewer service charge is imposed upon each commercial and
nonresidential unit to which sanitary sewage service is available
through the facilities afforded by the municipally-owned sewerage
system, according to the following schedule:
Nonresidential/Co~Lerci&l Inside City Outside City
(a)Capacity charge
(per meter):
3/4-inch meter
1-inch meter
1-1/2 inch meter
2-inch meter
3-inch meter
4-inch meter
6-inch meter
~n 27
~76.95 510
10 95 $ ~ ~°
18
36
58
127
28
42 ~ == 45
29 ~o ~ 72
62 ~ ~ ~ ~ 159
64 ~o no 287
37 n=.~]
5~ 637
13.69
22 85
53
89
53
05
96
2 Ord. No. 40-02
8-inch meter
10-inch meter
o~o ~ 875 60 ~ n~o n~ 1 094 50
~ ~= ~ 1,386 41 ~ ~ ~ 1,733 01
(b)Commodity charge:
City (per 1,000
gallons)
1.33 1.55 1.66
(c)
South Central
Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons)
n ~ 0 73 n ~ 0 91
NO?E (1): For those nonresidential/commercial units where water
service is not available, and the user is connected to the sanitary
sewer system or sewer service is available the capacity charge will
be set forth above. The commodity charge shall be based on the
average usage for the type of business or nonresidential use.
NO?E (2): The capacity charge set forth in this section shall be
due and payable each and every month, regardless of whether or not
the water service is available or the water meter is actually turned
on or off and without regard to usage or occupancy.
(3) Sewerage flow determination. The number of
gallons of monthly sewerage flow for residential and
nonresidential/commercial units shall be based upon the water usage
for those units as indicated by a water meter, unless a customer
installs at no cost to the City a separate meter to measure the
actual sewerage flow from the subject unit. A separate meter may be
used to measure actual sewerage flow for the calculation of charges
only when the location, installation, and type of meter have been
approved by the City Manager or his designee.
(4) When effective. The initial rates for charges
shall be effective the first day of the month following the date
when the system is constructed, certified for use by the consulting
engineer, and accepted by the City.
Section 2. That all ordinances or parts of ordinances in
3 Ord. No. 40-02
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4.
October 1, 2002.
That this ordinance shall become effective on
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 2002.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
4 Ord. No. 40-02
TO:
THRU:
FROM:
SUBJECT:
MICHELLE HOYLAND, SENIOR PLANNER~-~/~~
MEETING OF SEPTEMBER 3, 2002
ZONING CHANGE FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) FOR THE FIRST PRESBYTERIAN CHURCH (39
GLEASON STREET) ON GLEASON STREET~ 450' SOUTH OF EAST
ATLANTIC AVENUE.
The First Presbyterian Church campus consists of several lots, including Lot 6, Block C, John B.
Reid's Village which is located on the west side of Gleason Street and contains a paved parking
lot. The existing sanctuary, fellowship hall, Christian education building, a 2 story accessory
building, a Columbium & memorial garden and a 52-space parking lot occupy that portion of the
campus located between Gleason Street and Bronson Avenue. The remaining portion of the
church campus is located on the east side of Bronson Avenue and includes a paved parking lot
and two residential structures (one being the caretaker's residence and the other
accommodating meeting rooms for organizations such as the Boy Scouts).
On July 10, 2001, the City Commission approved a rezoning request from RM (Multiple Family
Residential) to CF (Community Facilities) for the existing 3.3 acre church property and an
adjacent residential parcel referred to as the "Fisler Property" located at 37 Gleason Street.
The current request is to rezone a residential property located at 39 Gleason Street recently
purchased by the church to be utilized as a facility for Christian Education. Additional
background and an analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing in
conjunction with the request. After reviewing the staff report and discussing the proposal, the
Board voted 6-0 (Randolph absent) to recommend that the request be approved, based upon
positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of
the Land Development Regulations, and policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for a zoning designation change from RM
(Medium Density Residential) to CF (Community Facilities) based on positive findings with
respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the
Comprehensive Plan.
Attachments: P & Z Staff Report of August 19, 2002
ORDINANCE NO. 41-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND
BEING A PARCRL LOCATED APPROXIMATELY 450
FEET SOUTH OF EAST ATLANTIC AVENUE (39
GLEASON STREET), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 2002" PROVIDING A
GENERAL REPEAI.F.R CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated February, 2002 as being zoned RM (Multiple Family Residential
- Medium Density) District; and
WHEREAS, at its meeting of August 19, 2002, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for
the following described property:
All of the West 135 feet of the North half of Beach Lot 20 and the West 135 feet of
the South half of Beach Lot 19, Delray Beach, Florida, according to the Plat of the
Fractional East half of Section 16, Township 46 South, Range 43 East, recorded in
Plat Book 1, page 25, Palm Beach County records, less the South 55 feet of the West
135 feet of the North half of Beach Lot 20 and less the North 55 feet of the West
135 feet of the South half of Beach LOt 19, according to said plat.
Section 2. That the Pla~ and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2002.
ATI'EST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD NO. 41-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owners ............................. First Presbyterian
Church of Delray
Applicant/Agent ............... Robert H. Rex, Esq.
Location .......................... 39 Gleason Street
Property Size .................. 0.16 Acres
Future Land Use Map .....MD (Medium Density 5-12
units/acre)
Current Zoning ................ RM (Multiple Family
Residential- Medium
Density)
Proposed Zoning ............. CF (Community Facilities)
Adjacent Zoning .... North: CF (Community Facilities)
East: CF (Community Facilities)
South: RM (Multiple Family
Residential - Medium
Density)
West: RM (Multiple Family
Residential- Medium
Density)
Existing Land Use ........... Vacant single family
residence.
Proposed Land Use ........ Rezoning to a more
appropriate Zoning
Designation for use as a
Christian Education Center.
Water Service ................. Existing on Site.
Sewer Service ................. Existing on Site.
August 19, 2002
IV.A.
Rezoning From RM (Multiple Family Residential - Medium Density) to CF
(Community Facilities).for a Parcel of Land Located on the East Side of
Gleason Street, approximately 450 Feet South of East Atlantic Avenue (39
Gleason Street), Associated With the First Presbyterian Church of Delray
Beach (Quasi-Judicial Hearing).
LOWRY STREET MANOR HOUSE
EbL'q.;'~----1 ~oROVE ~ ~'111
~~1 I CONO0
ATLAN~[~ A~UE / ~
IV.A.
I I'FEM BE F O R E-~T'H E ~ B:~G~A~R D~ .... I
The item before the Board is that of making a recommendation to
the City Commission on a rezoning from RM (Medium Density
Residential) to CF (Community Facilities) for the First
Presbyterian Church (39 Gleason Street).
The subject property is located at 39 Gleason Street which is
approximately 490' south of East Atlantic Avenue and contains 0.16
acres
Constructed in 1924 the Gibson Memorial Baptist Church was the first church to
be built east of the Intracoastal Waterway. The sanctuary for the congregation
was located at 36 Bronson Street one block south of East Atlantic Avenue. it
was purchased by the Presbyterian congregation in 1928 and was renamed the
Community Presbyterian Church. It remained the Presbyterian sanctuary until
their new church was constructed in 1977 at 33 Gleason Street, just to the west
of the subject property. After the construction of the new sanctuary, the building
became the congregation's Fellowship Hall and the church was renamed the
First Presbyterian Church.
Today, the First Presbyterian Church campus consists of several lots, including
Lot 6, Block C, John B. Reid's Village which is located on the west side of
Gleason Street and contains a paved parking lot. The existing sanctuary,
fellowship hall, christian education building, a 2 story accessory building, a
Columbium & memorial garden and a 52-space parking lot occupy that portion of
the campus located between Gleason Street and Bronson Avenue. The
remaining portion of the church campus is located on the east side of Bronson
Avenue and includes a paved parking lot and two residential structures (one
being the caretaker's residence and the other accommodating meeting rooms for
organizations such as the Boy Scouts).
Recent approvals included the designation of the Fellowship Hall and the
adjacent garden (on the north side of the fellowship hall) to the Local Register of
Historic Places by the City Commission at its meeting of November 16, 1999.
Other minor site improvements that have been approved administratively include
the addition of playground equipment, expansion of the courtyard area, and
installation of planters and decorative walls.
On July 10, 2001, the City Commission approved a rezoning request for the 3.3
acre church property and an existing residential parcel referred to as the "Fisler
Property" located at 37 Gleason Street from RM (Multiple Family Residential) to
CF (Community Facilities).
P&Z Board Staff Report
Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street)
Page 2
The current request is to rezone the property located at 39 Gleason Street which
was recently purchased by the church and will be utilized as a facility for
Christian Education. The church has been in continuous operation for neady 80
years on the adjacent property and during the past ten years adjacent tracts have
been purchased as the operations of the Church have expanded. As the church
campus continues to expand it is appropriate that all the properties be rezoned to
CF,
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land
Use applications, certain findings must be made in a form which is part of
the official record. This may be achieved through information on the
application, written materials submitted by the applicant, the staff report, or
minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the
Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations.
Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as
shown on the Future Land Use Map.
The subject property has a Future Land Use Map designation of Medium
Density Residential and is currently zoned RM (Medium Density Residential).
Pursuant to LDR Section 4.4.6(D)(5), within the RM zoning district, churches,
or places of worship, and their attendant educational, nursery, Sunday school,
recreational and columbarium facilities are allowed as a conditional use.
Pursuant to LDR Section 4.4.21(A), the proposed Community Facilities (CF)
zoning district is a special purpose zoning district primarily, but not
exclusively, intended for locations at which facilities are provided to serve
public, semi-public and private purposes. Pursuant to LDR Section
4.4.21(B)(5) within the CF zoning distdct religious uses such as churches and
places of worship and attendant uses of day care, pre-school, educational
facilities, and with other normal educational (Sunday school) and recreational
facilities, and support facilities (e.g. parsonage) are permitted uses. The
proposed CF (Community Facilities) zoning designation is deemed consistent
with all Future Land Use Map designations. Rather than seek conditional use
approval to establish the use under the RM district, it is more appropriate to
establish the use under the CF zoning designation to be consistent with the
balance of the campus. Thus, based upon the above, a positive finding can
P&Z Board Staff Report
Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street)
Page 3
be made with respect to consistency with the Future Land Use Map
designation.
Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use
designations throughout the entire planning and service area were considered
with respect to the overall land use pattern, assessment of level of service,
the provision of services, and meeting remaining land use needs. The
proposed use of the property is for a Christian Education facility. It is noted
that uses allowed under the CF zoning designation characteristically have
less impact on concurrency than other zoning designations consistent with
the underlying Medium Density Residential designation. Concurrency as it
relates to traffic and solid waste are discussed below.
Traffic:
Staff has requested a traffic analysis indicating the proposed impact that the
Christian Education facility may have. Although, such analysis has not been
submitted it is anticipated that a positive finding with respect to traffic
concurrency can be made. Attached as a condition of approval is that a
traffic analysis be submitted addressing the change in use.
Solid Waste:
A reduction in solid waste will result from the change in use as a single family
residence generates 1.99 tons of solid waste per year and the proposed
1,525 sq. ft. Christian Education facility will generate 1.22 tons of solid waste
per year [1,525 sq. ft. x 1.6 pounds/sq.ft/year = 2,440/2000 - 1.22 tons]. The
trash generated by this proposal can be accommodated by existing facilities,
therefore, a positive finding with respect to this level of service standard can
be made.
Consistency -- The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive
Plan.
A review of the adopted Comprehensive Plan was conducted and the
following policies were found with regard to rezoning.
Policy C-3.2 Coastal Manaqement Element: There shall be no change in
the intensity of land use within the barrier island and all infill
development which does occur shall connect to the City's storm water
management system and sanitary sewer system.
P&Z Board Staff Report
Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street)
Page 4
The proposed rezoning will accommodate the existing Christian Education
activities at the church. There will be a change in the use of the property from
one single family structure to a Christian Education facility. Consistency
findings with respect to future improvements will be made at the time of
development review.
Compatibility -- The requested designation will be compatible with the
existing and future land uses of the surrounding area.
Compatibility is discussed below under the Standards for Rezoning.
Compliance -- Development under the requested designation will
comply with the provisions and requirements of the Land Development
Regulations.
The site is developed and includes a single family structure, associated parking
and landscaping.
Within the RM (Multiple Family Residential- Medium Density) zoning district,
churches and their attendant educational facilities are allowed as a conditional
use [ref. LDR Section 4.4.6(D)(5)]. Within the CF zoning district, churches are
allowed as a principal use [ref. LDR Section 4.4.21(B)(5)].
Pursuant to LDR Section 4.4.6(F)(1), within the RM zoning distdct the R-I-A
(Single Family Residential) district requirements apply for single family detached
dwellings. A side interior setback of 7.5', rear setback of 10', and front setback of
25' is required. The existing structure complies with the setback requirements of
the R-I-A zoning district. It is noted that within the CF (Community Facilities)
zoning district a perimeter setback of 10 feet is required. The existing single
family structure and accessory structure (shed) will be non-conforming with
respect to the required side and rear yard setbacks as only 9.5' exists on the
south side, 4.7' on the east side and 9.7' on the north side. This situation will
remain non-conforming under the proposed CF zoning district.
Additionally, LDR Section 4.4.21(G)(2) requires that when the CF zone district is
adjacent to residential zoning, the perimeter landscaping should be increased to
a depth of 15 feet (15') or, as an alternative, either a wall, decorative fencing, or
hedging should be installed for aesthetic and buffer purposes. The south
perimeter immediately abuts residential zoning while multiple family residential
exists to the west across Gleason Street. There are some types of buffer
treatment along these perimeters although they are not uniform and include a
mix of shadow box fencing, chain link fencing and hedges. Appropriate buffer
treatment will be required with the change in use of the property.
P&Z Board Staff Report
Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street)
Page 5
Section 3.2.1 (Basis for Determininq Consistency): The performance
standards set forth in this Article either reflect a policy from the
Comprehensive Plan or a principle of good planning practice. The
performance standards set forth in the following sections as well as
compliance with items specifically listed as required findings in
appropriate portions of Section 2.4.5 shall be the basis upon which a
finding of overall consistency [Section 3.1.1(C)] is to be made. However,
exclusion from this Article shall not be a basis for not allowing
consideration of other objectives and policies found in the adopted
Comprehensive Plan in the making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezoninq Actions): Standards B, C and E are
not applicable with respect to the proposed rezoning. The applicable
performance standards of Section 3.3.2 are as follows:
(A) The most restrictive residential zoning district that is applicable given
existing development patterns and typical lot sizes shall be applied to
those areas identified as "Stable" and "Stabilization" on the
Residential Neighborhood Categorization Map. Requests for
rezonings to a different zoning designation, other than Community
Facilities, Open Space, Open Space and Recreation, or Conservation
shall be denied.
The subject site is located within an area designated as "Stable" on the
Residential Neighborhood Categorization Map. The requested designation is to
a CF designation which is deemed acceptable for stable neighborhood areas.
Further, the use could be established under both the existing and proposed
zoning designation. Therefore, approval of the rezoning will not result in the
introduction of a use which otherwise would not be allowed.
That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both existing
and proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new
use.
The prop~erty is surrounded by the following zoning districts: to the north and
east is zoned CF (Community Facilities); to the south and west is zoned RM
(Multiple Family Residential - Medium Density). The existing land uses are: the
First Presbyterian Church and Christian Learning Center to the north and east;
multi-family residential to the south; and Crane's Beach House to the west. The
proposed Christian Educational facility use is compatible with the surrounding
uses as the church has co-existed with the neighborhood for many years. It is
noted however, that compatibility will be enhanced through specific regulations
which apply to the CF zoning district which, requires increased landscape
perimeter buffer treatment.
P&Z Board Staff Report
Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street)
Page 6
Section 2.4.5(D)(5) (Rezonincl Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
am
That the zoning had previously been changed, or was originally
established, in error;
That there has been a change in circumstances which make the
current zoning inappropriate;
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The applicant has submitted the following statement indicating the reasons for
which the rezoning is being sought based on "b" above:
When the present zoning laws were enacted in the early 1990's, the Church
property located at 33 Gleason had already been in operation for nearly 70
years. At that time, the property was zoned RM Multi-Family Residential
(Medium Density). Since that time, several tracts adjacent to the Church property
have been acquired and made a part of the Church campus. The RM zoning is
inappropriate and the property should be zoned CF (Community Facilities). The
Church has been in continuous operation on this property for nearly 80 years.
During the past ten years, adjacent tracts have been purchased as the
operations of the Church have expanded. In the year 2001, all the land owned
by the Church was rezoned CF and all subsequent purchases expanding the
church campus will follow this procedure. We don't anticipate that the
membership of the Church will change as a result of fact that the Church bought
this new property.
The basis for which the rezoning should be granted relates to both b and c in that
the use of the property for church related operations is more appropriate given its
immediate location to the existing church campus. It was identified with the 2001
rezoning that the church was in the process of expanding its campus and that it
was appropriate to allow the rezoning of another single family dwelling at that
time. Based upon the above, a positive finding with respect to LDR Section
2.4.5(D)(5) can be made.
P&Z Board Staff Report
Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street)
Page 7
The development proposal is not located within the geographical area requiring
review by the DDA (Downtown Development Authority).
Community Redevelopment Aqency
This item was reviewed by the CRA at their July 25, 2002, meeting and the
Board recommended approval of the rezoning.
Courtesy Notices:
A special courtesy notice was provided to PROD, the President's Council and the
following homeowners associations:
· Beach Property Homeowners Association
· Via Marina
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection and support, if any, will be presented at
the Planning and Zoning Board meeting.
The proposed rezoning from RM (Multiple Family Residential- Medium Density)
to CF (Community Facilities) designation is supportable as the RM zoning is only
appropriate for small churches or single purpose structures and not for large
multipurpose church campuses. As the balance of the campus was recently
rezoned to CF all further expansions should also be zoned CF. Provided a traffic
analysis is provided, positive findings can be made with respect to LDR Section
3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions),
LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and
Policies of the Comprehensive Plan. Therefore, this rezoning can be
recommended for approval based on the findings outlined in this report.
A. Continue with direction.
Recommend to the City Commission rezoning of the subject property from
RM (Medium Density Residential) to CF (Community Facilities), based on
positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5)
P&Z Board Staff Report
Rezoning from RM to CF for First Presbyterian Church (39 Gleason Street)
Page 8
(Rezoning Findings), and the Goals, Objectives and Policies of the
Comprehensive Plan.
C. Recommend to the City Commission denial of the rezoning, based on a
failure to make positive findings with respect to LDR Section 2.4.5(D)(5).
Recommend to the City Commission rezoning of the subject property from RM
(Medium Density Residential) to CF (Community Facilities), based on positive
findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section
3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning
Findings), and the Goals, Objectives and Policies of the Comprehensive Plan.
Attachments:
r~ Zoning Map
r~ Survey
, I
RM
VETERANS
PARK
DELRA Y
SUMMIT
CONDO
BARR
TERRA CE
CONDO
TLAN I
WA TERWA Y EAST
COMMERCIAL
CONDO
GROVE
CONDO
SPANISH --
RI VER
RESORT
i BEA CH
BERKSHIRE
RM
BY THE
GROSVENOR
HOUSE
MANOR HOUSE
CONDO
DELRA Y
MA RRIO TT
AVENUE
BAR
HARBOUR
CONDO
MIRAMAR
INI2RAHAM
DOVER HOUSE CONDO
OCEAN PLACE
CONDO
JARDIN DEL MAR
CONDO
OCEAN ~RR.
SEAGATE CF
TOWERS i k~k, ,~ i ll
CONDO
IBA¥ STREET
CITY OF' OELRAY BEACH. FL
PLANNING & ZONING DEPARTMENT
FIRST PRESBYTERIAN CHURCH OF DELRAY
- REZONING-
FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO. CF (COMMUNITY FACILITIES)
I - EXISTING CHURCH AREA
-- Dl~'lr,4/. EASE 1~4p SYEI'EM -- kU~,P RE~' LM 63.8
[lTV JIF DELRI:IV 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 TO:
MEMORANDUM
August 30, 2002
City Commission
David T. Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Eady Retirement Incentive
The General Employees Retirement Plan currently provides for eady retirement at
age 55 with at least 15 years of credited or 20 years service regardless of age with
a 5 percent deduction per year, to account for the actuarial impact of the early
retirement.
The plan also provides for a normal retirement for those employees who reach 60
years of age and have up to a maximum of 30 years of credited service, or those
employees who attain 30 years of credited service regardless of age, without an
actuarial reduction.
The proposed ordinance provides for an early retirement incentive for those
participants that are 100% vested (i.e. 10 or more years of service) and within two
years of the normal retirement date (i.e. 58 years of age or those with 28 or more
years of service). This benefit will not have the actuarial reduction that is part of
the early retirement program. The benefit shall be calculated as a normal
retirement but shall be based on the credited service and final monthly
compensation as of the last date of employment. Those persons who enter or
have entered the Deferred Retirement Option Plan (DROP) are not eligible.
Please place on the September 3, 2002 agenda for City Commission
consideration. The actuarial impact statement needs to be performed prior to
second reading.
Please call if you have any questions.
SAR:sm~
cc: Joseph Safford, Finance Director
Milena Walinski, Assistant Finance Director
Jeff Keating, Chairman of General Employees Pension Plan
Members, General Employees Pension Plan
Tom Lynch
ORDINANCE NO. 43-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY CREATING A NEW
SUBSECTION (M), "EARLY RETIREMENT INCENTIVE", IN
SECTION 35.097; ESTABLISHING AN EARLY RETIREMENT
INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to amend the General
Employees' Retirement Plan to allow an incentive for early retirement.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by creating a new
subsection (M), "Early Retirement Incentive", of Section 35.097, "RETIREMENT INCOME; BASIS,
AMOUNT, AND PAYMENT", to read as follows:
Section 35.097 RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT.
(M) EARLY RETIREMENT INCENTIVE.
(1) Effective October 1, 2002, an early retirement incentive program shall be
provided in accordance with this section. The availability of the early retirement incentive
in any plan year shall be determined by the City. The City shall provide all eligible
employees with at least thirty (30) days advance notice that the early retirement incentive
will be offered. The early retirement incentive program shall be voluntary for all eligible
employees.
(2) Employees who are 100% vested and within two (2) years of their earliest
normal retirement date at the beginning of the plan year in which the early retirement
incentive is offered shall be eligible for the early retirement incentive. In any plan year in
which the early retirement incentive is offered, eligible employees shall be given an
opportunity to elect the early retirement incentive within sixty (60) days following receipt
of notice that the early retirement incentive is being offered. The employee's election shall
be made in writing on a form provided by the City, and shall be irrevocable.
(3) Eligible employees who elect the early retirement incentive shall have their
retirement benefit calculated in accordance with Section 35.097(A), based on credited
service and final monthly compensation as of the last day of employment. There shall be no
actuarial reduction as defined in Section 35.097(B)(2). Employees who elect the early
retirement incentive shall immediately retire and terminate City employrnent.
(4) An employee who elects to receive the early retirement incentive under this
subsection cannot also participate in the Deferred Retirement Option Plan under Section
35.110.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not operate to invalidate the remainder hereof.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading, except as to plan participants who are covered under a collective bargaining
agreement. This ordinance shall become effective as to the excluded employees immediately upon the
date of ratification and execution of a collective bargaining agreement or memorandum of understanding
that includes the provisions of this ordinance.
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of ., 2002.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 43-02