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Agenda Reg 07-24-01City of Delray Beach Regular Commission Meeting Tuesday, July 24, 2001 Regular Meeting 6:00 p.m. Public Heatings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission d~scussion and official action. City Commission meetings are business meetings and the right to limit discusmon rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or premding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen ~s 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 C~ty Manager to take action on requests or comments. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should s~gn in on the sheet located on the right s~de 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 ~s to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is ~ranted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter conmdered at this meeting, such person v~ll need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The C~ty neither provides nor prepares such record. The C~ty will furmsh auxihary a/ds and sermces to afford an indimdual with a disabihty an opportunity to participate m and enjoy the benefits of a service, program, or acuv~ty conducted by the C~ty. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (TI)D), 24 hours prior to the event in order for the C~ty to accommodate your request Adapnve listening devices are available for meetings m the Comrmssmn Chambers. 2. 3. 4. 5. ROLL CALL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · June 19, 2001 · July 10, 2001 PROCLAMATIONS: PRESENTATIONS: CONSENT AGENDA: City Manager Recommends Approval. A. HOLD HARMLESS AGREEMENT/CHAMBERS OFFICE CENTER: Approve a hold harmless agreement between the City and B.C. Properties & Investment, LLC, the developer of the Chambers Office Center, located on the South Side of West Atlantic Avenue between Whafley Road and Sherwood Forest Drive, whereto the City agrees to act as the utility permit applicant for the purpose of constructing utilities within FDOT right-of-way and the developer agrees to hold the City harmless for the work performed under the permit. REQUEST TO AI.I.OW A TEMPORARY MODULAR BUILDING/ST. PAUL'S EPISCOPAL CHURCH: Approve a request to allow a temporary modular building at St. Paul's Episcopal Church, located north of SW 2nd Street, between South Swinton Avenue and SW 1 st Street for a period of one (1) year. DEDUCT CHANGE ORDER # 1 & FINAL PAYMENT/JMW CONSTRUCTION CORP. (RENOVATIONS POMPEY PARK PHASE II): Approve deduct closeout Change Order # 1 m the mount of-$5,000.00 and final payment m the amount of $3,395.14 to JMW Construction Corp. for compleuon of renovations to Pompey Park Phase II project. Funding is available from 334-4172-572- 63.03 (General Construction Fund/Pompey Park). PROOF OF CLAIM/BROCK v. MERRILL LYNCH & CO., et al: Approve the recommendation for the City to opt-in to the proposed Class Action Settlement and Fairness Heating in the Brock v Merrill Lynch & Co., et al. REQUEST FOR RELEASE OF LIENS: Approve a request for the release of liens in the amount of $2,748.50 for property located at 332 NW 11th Avenue. -2- 07-24-01 F. REVIEW OF APPE3I.ABLE LAND DEVELOPMENT BOARD ACTIONS: o Accept the acttons and decisions made by the Land Development Boards for the period July 9, 2001 through July 20, 2001. G. AWARD OF BIDS AND CONTRACTS: Housing Rehabilitation grant awards through Community Development Division Housing Rehabilitation Grants in the amount of $12,636.75 to Abisset Corporation for 309 SW 12~h Avenue, and two (2) contract awards to Hatcher Construction for 421 SW 9~ Court in the amount of $22,651.65, and 229 SE 1st Avenue in the amount of $12,747.00. Funding in the totalamount of $48,035.40 is available from 118-1924-554-49.19 (SHIP Rehab Program). REGULAR AGENDA: CONDITIONAL USE REQUEST: Consider a conditional use request to allow the establishment of a 24-hour child care facihty for Grammy's Place, Inc. located at the northeast comer of South Swmton Avenue and SE 3~a Street. (Planning and Zoning Board is recommending denial based upon a failure to make positive findings with respect to Section 2.4.505)(5) (Compatibility) of the LDR's) Quasi-Judicial Hearing CONDITIONAL USE REQUEST: Consider a conditional use request to allow a mixed-use development with a densxty of more than 12 units per acre for the Atlantic Grove Redevelopment Project located on the north side of West Atlantic Avenue, between NW 3rd and NW 5~h Avenues. Quasi-Judicial Hearing C. APPROVAL OF CITY POLICY FOR NEIGHBORHOOD TRAFFIC CALMING: Consider approval of the proposed Policy for Neighborhood Traffic Calming. ESTABLISHMENT OF PROPOSED MILLAGE RATE: Consider establishing the proposed millage rate for FY 2002. CONSULTANT HISTORICAL SITE PLAN PHASE II/JANUS RESEARCH: Consider approval of second lowest bidder, Janus Research to act as our consultant for Phase II of the Historical S~te Plan in the amount of $25,085.75. Funding is available in a $10,000.00 grant from the Florida Department of State, D~vision of I-hstoncal Resources and the remainder from Planning and Zoning Department's budget. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular members to the Education Board with two-year terms ending July 21, 2003. Appointments will be made by Commissioner McCarthy (Seat #4), Mayor Schrmdt (Seat #5), Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4). APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three (3) regular members to the Historic Preservation Board with two-year terms -3- 07-24-01 ending August 31, 2003. Appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Dekay Beach Housing Authority with four year term ending July 14, 2005. Appointment will be made by Comrmssioner McCarthy (Seat #4), subject to acceptance by the Mayor. APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE 10. BOARD: Appoint two (2) regular members to the Ske Plan Review and Appearance Board for with two-year terms ending August 31, 2003. Appointments will be made by Comrmssioner Perlman (Seat #1) and Commissioner Archer (Seat #2). APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two (2) regular members the Code Enforcement Board with term ending January 14, 2002 and January 14, 2004, and two (2) alternate members with term ending January 14, 2002 and January 14, 2004. The regular appointments will be made by Commissioner Perlman (Seat #1), and Commissioner Archer (Seat #2). The alternate appointments will be made by Comrmssion Levinson (Seat #3) and Commissmner McCarthy (Seat #4). FUNDING REQUEST/DELRAY BEACH HOUSING AUTHORITY: Consider approval of a request from the Delray Beach Housing Authority to provide bridge funding for the acqmsition of 3.08 acres of undeveloped property between SW 10k Street and SW 8~ Street, for the construction of affordable housing. Funding is available from 118-1922-554-49.14 (HOPE3 Acquisition Rehabilitation). PUBLIC HEARINGS: PUBLIC HEARING/BLOCK 28 AND BLOCK 36 (ATLANTIC GROVE): A Public Heating regarding the following action relating to the proposed 4.6 acre mixed- use project located on Blocks 28 and 36 (~4tlantic Grove), on the north side of West Atlantic Avenue, between NW 3~ and NW 5th Avenues: Authorize the submittal of a $1.5 million Secuon 108 Loan Guarantee application to assist w~th the development of the 4.6 acre mixed use project (continued from the July 10, 2001 Commission Meeting). ORDINANCE NO. 41-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations Appendix "A" and Section 4.3.3 adding a defaution and special regulations regarding 24-hour businesses and listing 24-hour businesses as a conditional use in certain non-residential zoning districts. If passed, a second public hearing will be scheduled for August 7, 2001. ORDINANCE NO. 38-01: An ordinance rezoning from RM (Medium Density Resxdential) to CF (Community Facihues) for the First Presbyterian Church and the -4- 07-24-01 11. 12. 13. abutting Flsler Property located on Gleason Street south of East Atlantic Avenue. Quasi Judicial Hearing ORDINANCE NO. 40-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulattons Section 4.4.11 (f3)(3) to prom& for business and professional offices as a permitted use m the NC (Neighborhood Commercial) zoning district, amending Section 4.4.11 (C)(2) to provide for refuse and service areas and by mending Section 4.4.11 (H) to prohibit outdoor storage. If passed, a second public hearing will be scheduled for August 7, 2001. RESOLUTION NO. 46-01: A resolution establishing a budget for the Stormwater Utility System, estabhshing the rates for FY 2002 Stormwater Management Assessments, and cerufying and adopting the Stormwater Assessment Roll. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ORDINANCE NO. 42-01: An ordinance rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) a parcel of land located on the west side of NrW 4th Avenue, approximately 150 feet south of NW 1st Street to accommodate an off- street parking lot assoctated with the Atlantic Grove Redevelopment project. If passed, a quasi-judicial public hearing will be scheduled for August 7, 2001. ORDINANCE NO. 43-01: An ordinance amending the Land Development Regulations Section 4.6.90g)(3)(b) to include a map which delineates the in-heu of parking fee areas and corresponding fee amounts. If passed, a pubhc heating will be scheduled for August 7, 2001. Co ORDINANCE NO. 44-01: An ordinance amending Chapter 33, Police and Fire Departments Pension, Section 33.66 and Section 33.66(E)(2)(b) of the City Code of Ordinances wb_tch modifies the Pohce and Fire Pension Plan to conform with the Division of Retirement's concerns and meet the requirement of F.S. 112.661(5)(b). If passed, a public hearing will be scheduled for August 7, 2001. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Comnussion -5- 07-24-01 JUNE 19~ 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 5:30 p.m., Tuesday, June 19, 2001. 1_. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Lcvinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attomey Susan A. Ruby At this point, the time being 5:31 p.m., Mayor Schmidt adjourned the regular meeting to the closed attorney/client session. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.286.011(8) regarding the case of Jesner Exanor v. City of Delray Beach case and Stephen Seldin v. City of Delray Beach claim. Attendees: Mayor David W. Schmidt Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson City Manager David T. Harden City Attomey Susan Ruby Kent Pratt Esq. A certified court reporter Purpose: The City has scheduled a closed attorney-client session pursuant to Florida Statues 286.011(8) regarding the Jesner Exanor v. City of Delray Beach case and Stephen Seldin claim. The estimated length of the closed session shall be 15 minutes. Mayor Schmidt read the following statement for the record: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) regarding the Jesner Exanor v. City of Delray Beach cases/Stephen Seldin claim. The estimated length of the 06/19/01 closed session shall be 15 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Pat Archer, Alberta McCarthy, Jeff Perlman and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, Attorney Kent Pratt and a certified court reporter." At this point, the time being 5:59 p.m., Mayor Schmidt reconvened the regular meeting and announced that the closed session was terminated. 2._:. Reverend Nancy Norman with Unity Church of Delray Beach delivered the opening prayer. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Schmidt noted the addition of Item 9.M., Contract/Florida State Department of Children & Families, to the Regular Agenda by addendum. The City Attorney stated the applicant has requested that Item 9.J., Proposed A~reement/Lad¥ Lucille Cruises, be removed fi.om the Regular Agenda. Mr. Perlman moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of May 1, 2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to approve the Minutes of the Special Meeting of June 12, 2001, 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. 6~ PROCLAMATIONS: None. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/COCONUT KEY: Authorize the City to act as the utility permit applicant for the construction of a water main within the state right-of-way (Atlantic Avenue) and approve a hold harmless agreement with the developer (Town & Country Builders, Inc.). -2- 06/19/01 8.B UTILITY EASEMENT/COCONUT KEY: Approve and accept a utility easement deed which allows Coconut Key access to the Markland Lane right-of-way for the construction of an eight (8) inch water main. 8.C. FINAL PLAT/COCONUT KEY: Approve the final subdivision plat for Coconut Key, a sixty-nine (69) townhouse community located on the south side of West Atlantic Avenue just east of Markland Lane. 8.D. BOUNDARY PLAT/DIMLO: Approve the boundary plat for Dimlo Plat, a four (4) commercial structure project to be located on the north side of West Atlantic Avenue just east of the Villa D'Este apartment complex. 8.E. HOLD HARMLESS AGREEMENT/GROVE SQUARE: Approve a hold harmIess agreement associated with the installation of a canopy at Grove Square, 55 SE 2na Avenue, on the east side of the road between East Atlantic Avenue and SE 1st Street. 8.F. RESOLUTION NO. 43-01: Approve a resolution assessing costs for abatement action required for the demolition of an unsafe structure located at 31 SW 11th Avenue. The caption of Resolution No. 43-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 43-01 is on file in the City Clerk's office.) 8.G. RESOLUTION NO. 44-01: Approve a resolution assessing costs for abatement action required to remove nuisances on seven (7) properties throughout the city. The caption of Resolution 44-01 is as follows: -3- 06/19/01 8.Ho A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 44-01 is on file in the City Clerk's office.) CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/RSI FLORIDA RE-ROOFING): Approve closeout Change Order #1 in the amount of $1,780.00 and final payment in the amount of $20,850.50 to R.S.I. Florida Inc. for completion of the Police Department re-roofing contract. Funding from 334-6112-519-46.10 (General Construction Fund/Building Maintenance). 8.I. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy for one (1) eligible applicant/family in the amount of $22,500.00 for property located on SW 7t~ Avenue (new construction). This represents the 125th applicant under the Delray Renaissance Program. Funding is available from 118-1924-544-83.01 (SHIP Program). 8.J. PURCHASE AWARD/MOTOROLA: Approve a purchase award to Motorola jn the amount of $77,815.32 for additional radio equipment and accessories for the Fire Department. Funding is available from 334-6112-519-63.22 (800 MHz Radio System). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 4, 2001 through June 15, 2001. 8°L° AWARD OF BIDS AND CONTRACTS: None. Mr. Perlman moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -4- 06/19/01 · 9. REGULAR AGENDA: 9.A. WAIVER REQUEST/210 ENFIELD ROAD: Consider a request to waive the requirement for a hedge to screen an opaque fence located within the front and side street setbacks at 210 Enfield Road. Quasi-Judicial Hearing Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Planning Director, entered the Planning and Zoning Department's project file #2001-181 into the record. Paul Dorling, Planning Director, stated LDR Section 4.6.5(D) fencing that is greater than 75% opaque and located in the front and street side yards shall also be screened by hedging which is to be maintained at the full height of the fence. Further, LDR Section 4.6.5(F) requires that fences which are to be landscaped shall be set back a minimum of two feet (2') from the property line to provide adequate area for vegetation to mature. A hedge is required to screen those portions of the 6-foot high wood fence located along Enfield Road and Aylesbury Road. Mr. Dorling stated staff feels granting of the waiver would negatively impact the neighborhood and would result in a special privilege. Therefore, staff recommends denial of the waiver to LDR Section 4.6.5(D) to eliminate the requirement for a hedge to screen the proposed 6-foot high wood fence. Justin Ford~ 210 Enfield Road~ stated the reason for the denial is basically an esthetic judgment per the code. Mr. Ford displayed photos of a house on 2nd Avenue and 6th Street which has a 6-foot fence along the same design that he wants to put up without hedging in from. Mr. Ford stated there are two reasons why this requirement is unfair. One, the property is an angled property and is setting their fence back 40 feet from the point because of site line requirements. Mr. Ford stated he is willingly doing this and concedes approximately 400 square feet of property because this is a valid community safety concern. Secondly, Mr. Ford stated the other reason this is unfair is because of the additional cost for hedging. In conclusion, Mr. Ford urged the Commission to grant the waiver. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Perlman moved to approve the waiver request to LDR Section 4.6.5(D) to eliminate the requirement for a hedge to screen the proposed 6 foot high wood fence located at -5- 06/19/01 210 Enfield Road, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt- No; Mr. Perlman- Yes; Mrs. Archer- No; Mr. Levinson- No; Ms. McCarthy - Yes. Said motion failed with a 3 to 2 vote, waiver denied. 9.B. MOTION TO RECONSIDER PRIOR LIEN REVIEW COMMITTEE RECOMMENDATION: Consider a motion to reconsider the Lien Review Committee's prior recommendation concerning Customer 55, David Hargrove. The City Attorney advises that if the Commission wants to reconsider this matter a motion to reconsider separate from the motion of substance of this matter needs to be made. The Lien Review Committee's recommendation presented to Commission at the March 6, 2001 meeting was that Mr. Hargrove's outstanding liens be reduced from $7,875 to $1,000, providing the $1,000 was paid within 7 days after Mr. Hargrove being notified and further providing payment being made by a certified check. The motion on March 6, 2001 was approved unanimously that Mr. Hargrove be responsible for paying $3,301.02 to the City within a twelve month period, and other recommendations by the Lien Review Advisory Committee as listed in the staff report. Lulu Butler, Director of Community Improvement, reported that the Lien Review Committee felt very strongly about this and felt that they treated this as fairly as they possibly could. The Lien Review Committee felt that the City would have a difficult time recovering all of its the out-of-pocket costs and felt this was a compromise. In addition, the Lien Review Committee had made this decision early on because they probably felt it was in the best interest of both parties and would help expedite the process. Ms. Butler stated the Lien Review Committee respectfully requests the Commission to rescind their previous motion. Mr. Levinson asked if there was any approach made to Mr. Hargrove regarding any kind of payment? In response, Ms. Butler explained that in the beginning she had conversations with Mr. Hargrove informing him that the City was willing to set up a repayment ~chedule. Furthermore, Ms. Butler explained that although Mr. Hargrove has not spoken directly to her, he might have had conversations with members of the Lien Review Committee. Ms. Butler stated Mr. Hargrove has been informed about the decision made by the Commission. At this point, there was no motion to rescind the previous action. Therefore, the prior action by the Commission stands. .9..C. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS: Consider approval of the Lien Review Advisory Committee's recommendation concerning outstanding liens on various properties. The City Manager explained each case has a demonstrable hardship that is beyond the control of the persons that were involved. Therefore, the City Manager stated staff supports the waiver of these outstanding liens as recommended by the Lien Review Advisory Committee. -6- 06/19/01 Mrs. Archer moved to approve the recommendations by the Lien Review Advisory Committee concerning the disposition of outstanding liens as listed in the staff report, seconded by Mr. Peflman. 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.D. UTILITY SERVICE AREA ENCROACHMENT: Consider action regarding potable water service to Country Club Acres located west of Military Trail within Palm Beach County. The City Manager explained historically the City has included Country Club Acres west of Military Trail as part of our utility service area and long range annexation area. The residents are persistent with the County for water service and would have to cross the canal to provide water service. The City Manager suggested the City consider offering water service withoat requiring annexation. Dick Hasko, Director of Environmental Services, stated there are 735 lots. Costs to provide water service would be approximately $2.1 million. Mr. Hasko stated the City could take advantage of an assessment program in conjunction with the County Engineering Department. The County will bring those utilities to their customers as they are petitioned. Mr. Hasko stated with regard to utilities and water mains there is 100% assessment. Mr. Gary Dernlan, County Utilities Director has informed Mr. Hasko that other municipalities have taken advantage of this through the County Engineering Department and their assessment program. With regard to the revenue projections, Mr. Hasko stated connection fees would yield $724,000, which would be a one-time expense to the residents. In terms of annual additional revenues, Mr. Hasko projects annual average revenue of approximately $253,000 from water service. The City Manager stated at this point staff is not asking for any final decision on this because a lot of details on the financial arrangements would need to be worked out. However, the City Manager stated the question is should we pursue at all the possibility of providing water service without annexation or should we take a firm stand that either the City annex and not provide water service. If the Commission would like to pursue the possibility of serving County Club Acres without annexation, then the City would develop the detailed financial arrangements that would allow it to proceed and then bring back to the Commission for consideration. Mr. Perlman inquired about the annual operating costs. Mr. Hasko stated he does not have any figures for the operating costs, however, he anticipates that annual operating costs for a new water system would not be that much initially for the first 5-10 years. It was the consensus to direct staff to proceed to explore the possibility of providing water service to Country Club Acres without annexation. 9oEo FORM AGREEMENT REGARDING USE OF STRUCTURES FOR FIRE -7- 06/19/01 TRAINING: Consider approval of a form agreement allowing the Fire Department to perform training in structures planned for demolition and giving the City Manager authorization to execute the agreement. Brian Shutt, Assistant City Attorney, explained that the Commission has before them a modified agreement. Mr. Shutt clarified that on page two, paragraph #4, the owner is only responsible for the costs associated with the demolition of the structure and the removal of debris. Mr. Shutt stated the Fire Department wishes to have the ability to use structures in the City that the owner intends to demolish, for training purposes. The agreement provides that the City shall be responsible for any damage or injury caused to its employees or property or to other persons or entities as a result of the City's use of the property for fire training purposes. In most cases, the Fire Department does not become aware of the planned demolition of a building until the last minute and there is very little time in which to try to perform training in the structure. Mrs. Archer inquired about safety issues for surrounding areas depending on where a particular piece of property is located. Mr. Shutt stated he would assume that it would be the City's responsibility if there is any damage to other properties but hopefully this will not OCCUT. Kerry Koen, Fire Chief, stated the Fire Department would not pursue an agreement in any area that they did not believe to be safe demolition. When the Fire Department becomes aware of these properties, Chief Koen explained this is all taken into consideration as to whether the property is viable for that purpose. Mr. Perlman moved to approve the form agreement as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.F. RESOLUTION NO. 41-01: Consider approval of Resolution No.41-01 authorizing the acquisition of Lot 14, Block B, Carver Memorial Park (NW 15th Avenue). The i~roperty will ultimately be utilized for drainage retention purposes. The City Manager presented Resolution No. 41-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOT 14, BLOCK B, CARVER MEMORIAL PARK AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND THE NORMAN RUFUS ESTATE. -8- 06/19/01 (The official copy of Resolution No. 41-01 is on file in the City Clerk's office.) The City Attorney stated this is a resolution adopting a contract for sale and purchase of Lot 14, Block B, Carver Memorial Park (N.W. 15tnAvenue). The sale price is $15,597 which includes attorney's fees and costs incurred by the estate and the property will ultimately be utilized for drainage retention purposes. Ms. McCarthy moved to approve Resolution No. 41-01, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman- Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.G. RESOLUTION NO. 42-01: Consider approval of Resolution No. 42-01 providing for the election not to collect permit fees but to increase our local communications services tax rate by 0.12%. The City Manager presented Resolution No. 42-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ELECTING TO INCREASE THE LOCAL COMMUNICATIONS SERVICES TAX CONVERSION RATE TO MINIMIZE FISCAL IMPACT TO THE CITY DUE TO PASSAGE OF COMMUNICATIONS SERVICES TAX SIMPLIFICATION LAW; ELECTING TO INCREASE THE TOTAL RATE FOR THE LOCAL COMMUNICATIONS SERVICES TAX BY 0.12 PERCENT IN LIEU OF IMPOSING PERMIT FEES ON COMMLrNICATIONS SERVICE PROVIDERS DESIRING TO OCCUPY CITY RIGHTS-OF-WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 42-01 is on file in the City Clerk's office.) Brian Shutt, Assistant City Attorney, stated the resolution confirms the City's election to not charge permit fees for communication companies that use municipal rights-of- way. If a municipality chooses to collect permit fees from communications companies, Florida Statutes have provided that a maximum amount that may be charged per company is $100.00. However, if a municipality elects not to collect permit fees, the municipality may increase its local communications services tax rate by 0.12%. Furthermore, Mr. Shutt stated this resolution is also setting forth the conversion rate for this coming year as well as the following year to try and make up any shortfall that may be coming because of the new law that is in affect. The City Manager explained a communications service tax reform broadens the base of the tax and reduces the rate. Ms. McCarthy asked the City Manager if he has any feedback as to what expenses -9- 06/19/01 would increase? In response, the City Manager stated this if very complex. For example, there are certain services provided by Adelphia that have not been subject to this tax that would be subject to the tax now. Joe Safford, Finance Director, stated satellite services have never been taxed before and now they are going to be calculated into our base. Therefore, the City will receive the revenue from satellite services as well. Mr. Perlman moved to approve Resolution No. 42-01, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.Ho ITEM REMOVED. 9.I. CONTRACT CANCELLATION/AWARD EMERGENCY CONTRACT: Consider a request to cancel the contract award to OK Tours, Inc. for bus rental and driver services for summer camp, football program, and holiday camp and approve an emergency contract with Corporate Connection Sovereign Coach Tours in the total amount of $49,465. Funding is available in the amount of $37,440 from001-4106-527-44.90 (Summer Camp/Other Rental); $2,080 from 001-4121-572-44.90 (Athletics & Special Events/Other Rental); $3,250 from 001-4105-572-44.90 (After School Program/Other Rental); and $6,695 from 115-4912- 572-55.30 (Special Projects/Football). Joe Weldon, Director of Parks and Recreation, stated on June 7, 2001 the City was notified that OK Tours, Inc. was closing operation effective immediately. On June 11, 2001 the Parks and Recreation Department started the Summer Day Camp Program and needed buses. Mr. Weldon stated staff obtained emergency quotes from area carriers. One quote did not meet the City's specifications and the other quote xvas from Corporate Connection Sovereign Coach Tours and met the specifications. Mr. Weldon stated staff is requesting to cancel the contract with OK Tours, Inc. and award an emergency contract to Corporate Connection Sovereign Coach Tours in the total amount of $49,465 for the term of June 11, 2001 to October 1, 2001. This will give Purchasing time to re-bid the bus rental and driver service for Parks and Recreation. Mrs. Archer moved to approve the contract award cancellation to OK Tours, Inc. and award of bid to Corporate Connection Sovereign Coach Tours in the total amount of $49,465 for the term of June 11, 2001 to October 1, 2001, 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.J. PROPOSED AGREEMENT/LADY LUCILLE CRUISES: Consider an agreement with Lady Lucille for use of the dock at Veterans Park during the summer months. Per the request of the applicant, this item has been removed from the agenda. -10- 06/19/01 9.K. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one member to thc Downtown Development Authority (DDA). The term is for three (3) years term ending July 1, 2004. Appointment will be made by Mayor Schmidt (Seat #5). Mayor Schmidt stepped down and passed the gavel to Vice-Mayor McCarthy. Mr. Schmidt stated he wished to appoint Clay Wideman (incumbent) as a member to the Downtown Development Authority (DDA) for a three-year term ending July 1, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint four (4) members to the Community Redevelopment Agency (CRA). The term is for four (4) years ending July 1, 2005. The appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). Mrs. Archer commented that the term for the Community Redevelopment Agency is fixed by the State. In addition, Mrs. Archer stated she received numerous telephone calls, some of which were very speculative, and some calls very threatening. Mrs. Archer stated she understands the need and desire for new participation on the CRA especially as we move forward into some of the new development areas. However, Mrs. Archer stated we cannot disregard the need for continuity. Also, the need for the CRA to work closely with the Commission and reflecting the concerns, wants, direction, and methodology of the Commission. Mrs. Archer moved to reappoint W. Howard Ellingsworth (incumbent) as a member to the Community Redevelopment Agency for a four-year term ending July 1, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to reappoint Kevin McCarty (incumbent) as a member to the Community Redevelopment Agency for a four-year term ending July 1, 2005, seconded by Mr. Perlman. Prior to the vote, Mr. Perlman commented that he made his appointment approximately one month ago. Mr. Perlman stated he is the Commission liaison to the CRA and Co-Chair of the Downtown Business District Plan. Aside from the people who live and work in that district, he feels he has a stake in the success of that agency. Under the leadership of Mayor Schmidt, Mr. Perlman stated this Commission has spent the past 16 months working very hard to include the community in our planning processes because we believe it is important for residents to have a say in the future of their own neighborhoods. Mr. Perlman stated he has personally spent the better part of the year working to secure the MacArthur Grant to make sure the -11- 06/19/01 Downtown Charrette would be successful. Mr. Perlman stated this work has not stopped as meetings are held frequently regarding various aspects of the plan. Mr. Perlman stated last week we received a two-year renewal grant that is MacArthur's acknowledgement that we have done a good job. Mr. Perlman stated the attendance of the Charrette and its outcome has been the proudest moment that he has had as a Commissioner. He feels the accomplishments the Steering Committee accomplished over the months they were together and what was produced as a result of that weekend was among the most significant accomplishments the City has had in its recent history. Furthermore, Mr. Perlman stated the positive feelings derived from the Charrette would mean nothing if we do not implement the plan particularly in relation to West Atlantic Avenue. Mr. Perlman stated he is very disappointed that there was no participation at the Charrette from the CRA Commissioners. Regardless of their reasons, Mr. Perlman feels this was a mistake. Mr. Perlman stated regardless of who is reappointed or not this evening, our focus as a Commission and community should be getting that plan accomplished. Mr. Levinson stated he made a commitment when he was running and after he was elected that he was going to do what he thought was best for all of Delray. Mr. Levinson stated apparently some people do not think he is doing this and instead of discussing the issues they are making personal attacks. Mr. Levinson suggested that if someone wants to disagree on the merits of something then that is appropriate conversation. However, Mr. Levinson feels it is not appropriate to make comments regarding the impunity of an individuals integrity or ability to make a decision. 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. Ms. McCarthy moved to appoint Alfred Straghn as a member to the Community Redevelopment Agency for a four-year term ending July 1, 2005, 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. Mayor Schmidt moved to reappoint James L. Shuler (incumbent) as a member to the Community Redevelopment Agency for a four-year term ending July 1, 2005, 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. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 9.M. CONTRACT/FLORIDA STATE DEPARTMENT OF CHILDREN & FAMILIES: Consider approval of a contract with the Florida State Department of Children and Families - Alcohol, Drug Abuse and Mental Health (ADM) Program for FY 2001-2002, providing the City $185,000.00 in substance abuse prevention funding assistance. -12- Lula Butler, Director of Community Improvement, explained that this is an annual contract with DCF on behalf of a contract that the City receives and administers as a fiscal agent for MAD DADS. This particular source of funding funds their extended coordinator position, their teen coordinator position, and the one-stop shop center at the sub-station. DCA has changed their rules and presented a challenge to the City to have this contract back to them by tomorrow. Ms. Butler stated there are no changes to the contract from last year to this year and the grant is for $185,000. Ms. McCarthy moved to approve the contract with the State of Florida of Children & Families - Alcohol, Drug Abuse and Mental Health (ADM) Program for fiscal year 2001-2002, providing the City $185,000 in substance abuse prevention funding assistance, 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 time being 6:55 p.m., Senator Ron Klein gave a Legislative Session Rap-Up. PRESENTATIONS: 7oAo Senator Ron Klein - Legislative Session Rap-Up Senator Klein thanked the Commission for allowing him to give an update on the Legislative Session. One, Mr. Klein stated the most important thing this year is election reform. There will no longer be any type of punch card system but instead there will be an optical scan system or a touch screen system which the County Commission has opted for if we have the capacity to do it. Senator Klein stated the State Legislature has provided some funding but not enough to provide for it so half the burden is left to the County for optical scan. Mr. Klein stated the touch screen system is much more cosily but is a terrific system. Secondly, Senator Klein stated the Supreme Court mandated that we will now have a uniform system of interpretation throughout all 67 counties in the State of Florida. If there is anything post election revisiting on a mechanical or manual recount, there will be a uniform system. There will also be a uniform ballot design throughout the State. As suggested by a number of people from this community, Senator Klein stated there would be a "bill of rights and responsibilities" which will be published and available at every precinct. Senator Klein stated there is some funding that has been provided for education but in the next legislative session he will make sure there is more money available. Furthermore, Senator Klein feels the most important thing is if there is new equipment and new rules, every voter needs to familiarize themselves with the new equipment well before Election Day. Senator Klein stated he will be pushing for creating an Independent Elections Commission and have governors over a period of time with staggered terms appoint people and then that group will then appoint a Secretary to operate the elections process. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. -13- 06/19/01 10. PUBLIC HEARINGS: !0.A. ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "Departments, Boards and Commissions" of the City Code of Ordinances by modifying Section 32.07 "Membership Qualification/Requirements". Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 34-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", HEADING "GENERAL PROVISIONS"; BY AMENDING SECTION 32.07, "MEMBERSHIP QUALIFICATIONS/REQUIREMENTS", TO PROVIDE THAT SERVING AS AN OFFICER, DIRECTOR OR MANAGER OF A BUSINESS WITHIN THE CITY CONSTITUTES AN ADDITIONAL QUALIFICATION FOR MEMBERSH~; PROVIDING A GENERAL REPEALER CLAUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. Alice Finsh 707 Place Tavant~ asked the City Attorney to interpret what this ordinance is and what will it do? In response, the City Attorney stated besides owning a business if you are an officer, director or manager of a business located within the City this ordinance adds additional qualifications. For example, the City Attorney explained that if someone does not own a business but you are an officer, you are eligible for a board membership unless excluded by other State Statutes, special laws or other ordinances. Ms. Finst stated at a previous meeting there were comments expressed about the difficulty in getting people to serve on these Boards. Ms. Finst stated she finds this is not entirely applicable to all the Boards available in the City. She commented that there were 28 applications for the CRA Board so she feels there are indeed people who are interested in serving if the Board is right for them. Ms. Finst suggested to amend the ordinance a little further to read: "If the membership of the Board cannot be served by residents of the City, that on an individual Board basis at the time that it come to the Commission." In addition, Ms. Finst has some concerns about giving this blanket opportunity to everyone even if they do work in the City. -14- 06/19/01 With regard to some previous comments expressed by Ms. Finst, she reiterated that we need independent monitors or people outside the City that have a different perspective to be participants on our Boards or to observe what is going on with regard to the Board appointments. Ms. Finst suggested that the City look into having the League of Women Voters monitor the City Boards. Ms. Finst stated for years the League of Women Voters have been monitoring different activities throughout the United States and feels they could perhaps make suggestions based on what is going on in other communities and what the Commission suggested is needed on our Boards in Delray Beach. Furthermore, Ms. Finst explained she would like to see this treated as a conditional use where after extenuating circumstances of being unable to fill a board position, then it would come back to the Commission and could be plugged in on a one- time basis. Jean Beer~ 2145 S.W. 26th Terrace~ agrees wholeheartedly with comments expressed by Ms. Finst. Ms. Beer stated this is wrong and feels the Charter Revision Committee members should consist of people who are residents or business owners of the City. Jay Slavin~ 2601 N.W. l0th Street~ stated she feels this all boils down to a communication problem between the citizens of Dekay and the workings of City Hall. Ms. Slavin stated the Sun-Sentinel prints a special edition of the Delray Beach News several times a week and suggested that the City utilize this paper in an effort to better educate the citizens. Ms. Slavin stated someone in the City should be appointed to give the news of Delray Beach from City Hall. Furthermore, Ms. Slavin stated when an ordinance is passed or an amendment has been made there is no way of informing the citizens. Ms. Slavin stated the Sandoway parking lot hours were recently extended until 9:00 p.m. and this is a perfect example of what citizens can take advantage of but they do not even know about it. In conclusion, Ms. Slavin suggested that the City have a boxed item in this Sun-Sentinel special edition marked "Special News from Delray Beach" to better inform citizens of the happenings around town. Henry. Williams~ 310 N.W. 3n~ Avenue~ asked for clarification regarding the ordinance and questioned if you do not own a business within the City then does that mean you cannot serve on a Board? In response, the City Attorney explained that you could be a resident of ihe City and not own a business and still be able to serve on a Board. Mr. Williams concurred with comments expressed by Ms. Finst and Ms. Beer. He stated although he feels they are doing a good job, he feels there is always room for more and we should cooperate with all people. John Bennett~ 137 Seabreeze Avenue~ stated the last hearing he spoke on behalf of PROD and noted the changes that were made described as a compromise are not a compromise in PROD's view. Mr. Bennett stated his general observation of the Downtown Business Charrette, the Citizen Summit and Visions 2010 in one way or another addressed the need to increase citizen participation in our government here in town. Mr. Bennett stated the City is depriving citizens of the opportunity to serve on the City Boards by appointing people who are not citizens. Mr. Bennett stated there was no personal intent to insult anyone and extended an apology to Mr. Solomon if he felt offended. Mr. Bennett stated there was a comment expressed that a Commissioner wished to appoint someone who did not qualify to a pension board and he feels his desire is not really -15- 06/19/01 relevant and it all comes down to facts and logic. In addition, Mr. Bennett stated he does not feel it is relevant what other cities do for us, but since it was brought up he informed the Commission of the following. Mr. Bennett stated the Clerk's office in Boynton Beach stated in order to serve on a Board in Boynton Beach one must be a resident and elector of Boynton Beach and the Board's coordinator for the City of Boca Raton stated that for 19 out of 20 of their Boards one needs to be a registered voter in Boca Raton and the 20t~ is for the Mental Disability Board. Bill Schwartz~ 3863 Live Oak Boulevard~ stated Ms. Slavin touched the tip of the iceberg when she stated the necessity of appointments should appear in the press. Mr. Schwartz suggested that the City have a part-time public relations person in-house. Mr. Schwartz stated certain legislation should get to the press along with other newsworthy accomplishments. Mr. Schwartz feels this would be beneficial to our citizens and our City and urged the Commission to consider his suggestion. Evelyn Dobson~ 130 N.W. 3rd Avenue~ stated that when someone is appointed to fill a vacancy on a Board in Delray, Ms. Dobson suggested that there be a designated place where there is paperwork available regarding the responsibilities of that particular Board. For example, Ms. Dobson stated she applied for the CRA Board and her name was on the list of appointees. However, when she was called and asked certain questions about different things that were to take place in Delray and about different designated areas, she was not familiar with what was being asked and therefore could not answer the questions properly. Ms. Dobson feels it is important that the more information a person has then would be more familiar with the undertakings of a Board or Committee and better prepared to answer the questions. In addition, Ms. Dobson stated, if your name is on the list you already have that information in hand so when you are asked the questions you can answer the questions in a proper manner because then you know the boundaries and responsibilities of those Board members. There being no one else who wished to address the Commission on this issue, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 34-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 32-01: An ordinance rezoning fi:om GC (General Commercial) to AC (Automotive Commercial) for a parcel of land located on the west side of North Federal Highway approximately 920 feet north of Lake Avenue for Autobahn Motors, Inc. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Quasi-Judicial Hearing The City Manager presented Ordinance No. 32-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) -16- 06/19/01 DISTRICT TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 920' NORTH OF LAKE AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated all involved parties would conduct this item as a quasi- judicial heating, which allows for presentations, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. At this point, the City Attorney announced anyone who wishes to speak on the ordinance, the conditional use, or the waiver needs to be sworn in. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's project file #2001-130 & #2001-131. Mr. Dorling stated the 1.81-acre site is located on the west side of North Federal Highway and is approximately 920 feet north of Lake Avenue within the North Federal Highway redevelopment area. On October 8, 1979, the City Commission annexed the subject property with the GC (General Commercial) zoning designation. The property contained a mobile home park known as the Arrow Trailer Park. The trailer park has been recently demolished to make way for redevelopment of the site. The applicant has submitted an application to change the zoning district map designation from GC (General Commercial) to AC (Automotive Commercial) to allow the establishment of an automotive dealership. A conditional use application has been submitted to allow a full service vehicle repair facility at the subject property in conjunction with a "high end" used automobile and new electric automobile dealership. The conditional use request is to establish a full service vehicle repair for the electric car dealership and the used car facility. The hours of operation will be from 8:00 a.m. until 5:00 -17- 06/19/01 p.m. Monday through Friday and 8:00 a.m. until 1:00 p.m. on Saturday. They will be closed on Sunday and there will be no body shop repair associated with this request. The report contains a discussion with respect to the conditional use and capability with adjacent properties. Staff feels that there are sufficient regulations in place to assure minimum impact on adjacent properties. The report specifically identifies the overhead doors, which would face Dixie Highway, and a special landscape condition is proposed. Based upon positive findings, staff recommends approval of the conditional use request. At its meeting of May 21, 2001, the Planning and Zoning Board held a public heating in conjunction with the requests. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests 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. Mr. Dorling stated there was a comment by two people. One comment was from the Executive Director of the CRA who suppqrted the request and the other comment was made by a woman from Kokomo Key who expressed concern that the whole area did not go to auto uses as like south Federal Highway. Mr. Dorling stated the rezoning application includes a waiver request to the following section of the City's Land Development Regulations Section 4.4.10(F)(2)(d), which requires a minimum lot area of 1.5 acres for the sale, lease, or rental of automobiles, boats, recreational vehicles, or tracks. The gross site area is 1.81 acres and there is significant dedication required of this property 20 feet along Dixie Highway and 10 feet along Federal Highway. With these dedications, this reduces the parcel size to 1.42 acres. Given the extent of dedications from the property along with the fact that property sizes are usually interpreted based upon the gross site area, approval of the waiver appears appropriate. The necessary positive findings for the waiver are listed in the Planning and Zoning Staff Report with respect to LDR Section 2.4.7(B)(5). The Planning and Zoning Board considered this item at their meeting of May 21, 2001, and unanimously recommended approval. Louis Carbone~ 65 N.E. 4th Avenue~ speaking on behalf of Autobahn Motors, Inc. stated as we all know this property is located in the North Federal Highway corridor. In 1979, the City annexed many of the commercial properties along North Federal Highway and this property was included in the annexation. Mr. Carbone stated as a result of the annexation, many of the properties were either non-conforming or had marginal uses. In 1997, the City and the CRA recognized this area as a "blighted" area especially many of the commercial properties. There was an intense study similar to the Downtown Charrette held for West Atlantic Avenue where many citizens were a part of and came up with new ideas for the study. As a result of that study, the Regional Planning Council was involved and the North Federal Redevelopment Plan was adopted in March 1999. Mr. Carbone stated this property was operated as a trailer park and continued to after the annexation and it fell into to major disrepair. There were numerous code violations, problems with criminal activity on the property, and questions as to whether or not the property should be condemned. The property was purchased for the purposes of redevelopment in accordance with the North Federal Highway Plan. Mr. Carbone stated the Autobahn proposal meets the following objectives of the redevelopment plan: -18- 06/19/01 2. 3. 4. 5. 6. Improve the overall appearance of the area. Most cars will be displayed indoors (high-end luxury cars). Identify some appropriate uses for areas along North Federal Highway. Provide economic development and investment in the area (electric cars). Creation of jobs (15-16 new jobs). Eliminate "blight" and non-conforming uses. Mr. Carbone emphasized that this is not a used car dealership but a high-end luxury style dealership. He stated there are some conditional use protections that are built in to the application, which include that the building will be of superior standards. The building will be a nco-classical style building with a loading area that is created on the site which allows for deliveries to occur on the site rather than to backup traffic on Dixie Highway or North Federal Highway. With regard to the waiver request, the overall gross area of the site is 1.8 acres, which exceeds the 1.5-acre requirement. It is only through the dedications that the property is reduced to 1.42 acres. In the North Federal Highway Redevelopment Plan it is noted that the City was asked to work with the Department of Transportation to maybe reduce the right-of-way requirements. Mr. Carbone stated this has not yet been done so based on the forgoing issues the waiver is minimal and is warranted. Diane Dominguez, CRA Director, stated the CRA supports this project and stated they have worked with the owner on obtaining a grant from the County. Ms. Dominguez stated the CRA is matching the grant and feels it is consistent with the North Federal Highway Redevelopment Plan. There being no one else who wished to address the Commission on this issue, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 32-01 on Second and FINAL .Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. CONDITIONAL USE REQUEST/AUTOBAHN MOTORS AUTOMOTIVE DEALERSHIP: Consider a conditional use request to allow the establishment of a full service vehicle repair facility for Autobahn Motors, Inc. located on the west side of North Federal Highway approximately 920 feet north of Lake Avenue. Mrs. Archer moved to approve the Conditional Use Request to allow the establishment of a full service vehicle repair facility for Autobahn Motors, Inc. subject to the conditions as listed on page 11 of the Planning and Zoning Staff Report, seconded by Mr. Perlman. Upon roll 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. -19- 06/19/01 Prior to the roll call, Mayor Schmidt commented that one of the conditions of this conditional use is that it not impinge on the surrounding neighborhood. Mayor Schmidt stated if you drive west down N.W. 22nd Street to Northridge Road on Saturdays, he stated he could hear the name of every person whose car is being serviced at Borton Volvo because he can hear the loud speakers. According to the agenda backup material there is residential property that is 272 feet away, which is even considerably closer than his house. He expects that there be no loud speakers so people do not hear the microphone from the service area. J WAIVER REQUEST/AUTOBAHN MOTORS AUTOMOTIVE DEALERSHIP: Consider a waiver to LDR Section 4.4.10(F)(2)(d), which requires a minimum lot area of 1.5 acres for Autobahn Motors Automotive Dealership, located on the west side of North Federal Highway, approximately 920 feet north of Lake Avenue. Mrs. Archer moved to approve the waiver request for Autobahn Motors Automotive Dealership, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 37-01 (FIRST READING/FIRST PUBLIC HEARING: An ordinance amending Land Development Regulations, Section 4.4.13 Regarding the Parking Requirements in the CBD zone district to accommodate required parking utilizing valet or tandem parking, and Section 4.6.9 establishing design standards and regulations for valet and tandem parking arrangements. If passed, a second reading/second public hearing will be scheduled for July 10, 2001. The City Manager presented Ordinance No. 37-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT, SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUBSECTION 4.4.13(G)(1)(e), "SUPPLEMENTAL DISTRICT REGULATIONS", AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY STRUCTURES", TO PROVIDE THAT PARKING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE AND TOWN-HOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDITIONS; AMENDING SUBSECTION -20- 06/19/01 4.6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Planning Director, stated at the May 15, 2001 City Commission Meeting, this text amendment was presented with the inclusion of appliance lift systems, which was unanimously denied. Mr. Dorling stated direction was given to modify the ordinance to remove reference to the appliance lift systems, continue to allow the required parking utilizing valet parking in tandem parking configurations, and extend the option to the entire CBD. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 37-01 on First Reading/First Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.D. PUBLIC HEARING/BLOCK 28 AND BLOCK 36 (ATLANTIC GROVE): A Public Hearing regarding the following actions relating to the proposed 4.6 acre mixed-use project located on Blocks 28 and 36 (Atlantic Grove), on the north side of West Atlantic Avenue, between NW 3rd and NV~ 5th Avenues. The Public Hearing is specifically to consider the following: Amending the current 2000-2001 Annual Action Plan for the City's Community Development Block Grant Program (CDBG) to include submittal of applications for an Economic Development Initiative (EDI) Grant and a Section 108 Loan for the 4.6 acre mixed-use project. Lula Butler, Director of Community Improvement, explained that the first public hearing is regarding a procedure item under compliance with our Citizens Participation Process which requires that before the City could submit under the Section 108 Program or the EDI Grant, that our Annual Action Statement must be amended to include these activities. The Annual Action Statement must be amended because it is occurring within this fiscal year and these two activities were not anticipated. Furthermore, Ms. Butler stated this is considered a procedure change and the proper advertising is complete. -21- 06/19/01 Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mrs. Archer moved to approve the amendment to the current 2000-2001 Annual Action Plan for the City's community Development Block Grant Program (CDBG), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Authorize the submittal of a $300,000 EDI Grant application and a $1.5 million Section 108 Loan Guarantee application to assist with the development of the 4.6-acre mixed-use project. Ms. Butler stated the second part of this public hearing is regarding the submittal of authorization to submit the two grant applications. One is for the Section 108 Loan Program and the other is for EDI Grant application. Ms. Butler stated the development team is going back to the CRA for some amendments to their projects and this is going to impact how the loan is structured and the repayment of the loan. Ms. Butler respectfully asked the Commission to continue this item under the Section 108 Guarantee application until the CRA has voted on that particular amendment under their contract provisions. However, Ms. Butler staff needs authorization to proceed with the EDI application because there is a July 6th deadline. HUD will not approve the EDI Grant application without the Section 108 Loan Guarantee application being submitted. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mrs. Archer moved to approve the EDI Grant and the postponement to a date certain of July 10th for the remaining Section 108 Loan Guarantee application, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer- Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 35-01: An ordinance amending Chapter 91, "Animals" of the Code of Ordinances and amending Section 91.51 "Lighting Restrictions Along Beach", to provide for a change in the dates and times that artificial lighting along the beach shall be prohibited. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 35-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER 91, "ANIMALS"; BY AMENDING SECTION 91.51, "LIGHTING RESTRICTIONS ALONG BEACH", TO PROVIDE FOR A CHANGE IN THE DATES AND TIMES THAT ARTIFICIAL LIGHTING ALONG THE BEACH SHALL BE PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Doffing, Planning Director, stated the County funds that are expended for dune restoration or shore protection projects within municipalities are contingent upon the municipality adopting an equally stringent or more stringent ordinance regarding lighting restrictions for sea turtles. This ordinance will bring the City's lighting requirements into compliance with the lighting requirements of the County's ordinance enabling the City to continue to receive County funds for the Beach Renourishment Project. The changes provide that lighting restrictions shall be in place from dusk to dawn rather that from 11:00 p.m. to 6:00 a.m. and shall extend from March 1st, rather than May 1st until October 31st of each year. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 35-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 36-01: An ordinance amending Chapter 33, "Police and Fire Departments" of the City Code of Ordinances, by amending Section 33.685, "Deferred Retirement Option Plan", authorizing the Pension Board to select a third party administrator to provide a self-directed investment program for DROP Accounts. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 36-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.685, "DEFERRED RETIREMENT OPTION PLAN"; AUTHORIZING THE PENSION BOARD TO SELECT A THIRD PARTY ADMINISTRATOR TO PROVIDE A SELF- DIRECTED INVESTMENT PROGRAM FOR DROP -23- 06/19/01 ACCOUNTS; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating 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. The public heating was closed. Mr. Perlman moved to adopt Ordinance No. 36-01 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. ll.A.' City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. ll.B. From the Public. ll.B.1. Jean Beer~ 2145 S.W. 26ta Terrace, stated when she lived in Tropic Isle there were 14 dealerships with their loud speakers going day and night which is why the City Code now states that dealerships may not use outside loud speakers. Therefore, Ms. Beer stated if anyone has a problem regarding this issue they should inform Code Enforcement. Ms. Beer commended Lula Butler, Ken Thomas and Winston Hudson in the Community Development Division for doing a marvelous job on the "Neighborhood Summit". She stated this was very successful and many people have expressed interest to hold another one of these events requesting that each workshop last approximately three hours. Ms. Beer stated there were Leadership sessions (one on newsletter and one on functions in the community to bring the community together). Ms. Beer stated the man who headed the Leadership session was wonderful and has community programs for each neighborhood association. Ms. Beer emphasized that if the City is going to have successful redevelopment, the people in the area have to be involved. She stated the City needs more leadership training and feels we should be working jointly with the Chamber of Commerce to get the people in the neighborhoods involved through this program. 12. FIRST READINGS: None. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 1,3.A. City Manaeer. The City Manager stated the Transportation Bill was vetoed. He explained this is the Bill, which had the outdoor advertising requirement in it to pay compensation. -24- 06/19/01 13.B. City Attorney. The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Commissioner Archer Mrs. Archer inquired about the newsrack proposal and stated she has seen some very unsightly newsracks lately. The City Attorney stated there is a meeting tomorrow and staff is drafting the ordinance with changes. Upon completion of the ordinance, staff will present the proposed ordinance to the Commission for consideration. 13.C.2. Commissioner Perlman Mr. Perlman commended Danielle Gallo, Recreation Supervisor III/Marketing with the Parks and Recreation Department for running the "Dad & Daughter Date Night". He stated people came from all over to attend this event and feels it was a huge success. 13.C.3. Commissioner McCarthy Mrs. McCarthy stated she realizes that there were some people who were not appointed to the CRA Board. However, Ms. McCarthy stated she would like those people to be aware there are two vacancies on another Board. She encouraged everyone that if they want to stay in the loop and be involved in making decisions, they can submit their applications for those vacancies. Secondly, Ms. McCarthy stated there is a yellow handbook that can be obtained in the City Clerk's office that has a description of every committee that one can apply for within the City of Delray Beach. This may be one way for someone to be better apprised of what these committees look for and what their responsibilities are. If invited to an association meeting or gathering, Ms. McCarthy stated she is more than willing to give input to someone if they need to know how to better prepare themselves to be on a particular Board. Ms. McCarthy explained that there are some people who are unable to attend the Commission meetings but are very interested in the discussions. She suggested that the newspaper reporters help the City to better inform the public by publishing brief notices regarding various actions fi:om City Commission meetings and any Board vacancies. 13.C.4. Commissioner Levinson Mr. Levinson stated he called all the applicants who submitted applications for the CRA Board and personally thanked each one of them and noted he spoke to all but two -25- 06/19/01 applicants. He stated there were many good candidates who applied for this Board and feels it is unfortunate that there were not more vacancies. Mr. Levinson commented about the Lady Lucille Cruises item being pulled from the agenda and suggested that the Commission wait before considering signing a new contract with the Ramblin Rose. Mr. Levinson stated he does not want to see the boat slip vacant for the three or four months during the summer. The City Manager stated the reason this item was removed from the agenda is because the City has a 50-amp service. The applicant stated he needs a 100-amp service and is not sure whether the investment is worth it for the length of time he will be docked at Veteran's Park. Mr. Levinson stated beginning Friday, June 22nd, he will be out of town for three weeks and will be absent for the Regular City Commission Meeting of July 10th. 13.C.5. Mayor Schmidt Mayor Schmidt noted he made it back safely fi.om Japan. Secondly, Mayor Schmidt announced the All America City Dress Rehearsal Presentation started at 7:30 p.m. this evening and he is going over to Old School Square. He invited the public over to see the presentation. 15~ Settlement of Jesner Exanor v. City of Delray Beach case and Stephen Seldin v. Ci,ty of Delray Beach claim. The City Attorney stated that the estate in the case of Jesner Exanor v. the City of Delray Beach would accept a settlement in the amount of $1.5 million. There would be an immediate payment of $195,000 with the City supporting a claims bill for the remainder. In addition, the settlement for the claims of Mr. & Mrs. Seldin would be approximately $5,000. For the benefit of the public who may not be familiar with this case, Mayor Schmidt noted this is the case where a woman was killed in the automobile accident with a police car driven by a Delray Beach police officer. Mr. Levinson moved to approve the settlement, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:00 p.m. Acting City Clerk -26- 06/19/01 ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular Commission Meeting held on June 19, 200~l, which minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval, which may involve some amendments, additions or deletions. -27- 06/19/01 JULY 10~ 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, July 10, 2001. 1_. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - Commissioner Jon Levinson Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2_. Reverend Matthew "Bump" Mitchell with Christ Missionary Baptist Church delivered the opening prayer. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Schmidt noted the modification to the funding code for Item 8.L., Service Authorization #99-03/Lawson, Noble & Webb/SW Area #3, and the amendment to Item 9.D., Resolution No. 45-01. The City Attorney requested that Item 14.A., Disposition of the case of the Ci,ty of Delra¥ Beach v. the Department of Agriculture and Consumer Services be added to the ~genda in the event the City would need to take any action. Mrs. Archer McCarthy moved to approve the Agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of May 15, 2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Mr. Perlman moved to approve the Minutes of the Regular Meeting of June 5, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. 07/10/01 Wells Condominium Association for the extension of a sanitary sewer main located in the Spanish Wells Subdivision to the new Valencia Court Development. 8.D. FINAL PLATNALENCIA COURT: Approve a final subdivision plat for Valencia Court, a proposed 6 lot subdivision, located on the north side of Old Germantown Road, east of the Spanish Wells Subdivision. 8.E. FINAL PLATfRECTORY PARK: Approve the boundary plat for Rectory Park located on the southwest comer of the intersection of Atlantic Avenue and Swinton Avenue. 8.F. FINAL PLAT/FIDELITY FEDERAL BANK: Approve the final plat for the Fidelity Federal Bank located south of SE 1st Street between the Federal Highway pairs. 8.G. FINAL PLAT/WATERFORD PARK: Approve the final plat for Waterford Park ~ocated south of the intersection of Lindell Boulevard and SW l0th Avenue. 8.H. CONSENT TO SUBLEASE/MONTEREY HOUSE: Approve the Consent to Sublease for property known as the Monterey House between the Florida Department of State's Division of Historical Resources (FDSHR) and the Delray Beach Historical Society (DBHS) for a one (1) year term ending August 1, 2002. 8.I. POLICE SUBSTATION LEASE AGREEMENT/MDN LAKE IDA~ INC: Approve the lease agreement between MDN Lake Ida, Inc. and the City of Delray Beach for a Police Substation located at 600 North Congress Avenue, Unit g420, for a term ending December 31, 2001. 8.Jo FUNDING AGREEMENT WITH PALM BEACH COUNTY/JP MORGAN TENNIS CHALLENGE: Approve an agreement between the City of Delray Beach and Palm Beach County for funding in the amount of $25,000 to help offset the City's costs associated with the JP Morgan Chase Tennis Challenge Event. SECOND AMENDMENT/PALM BEACH COUNTY/WEED AND SEED PROGRAM: Approve the Second Amendment to the Interlocal Agreement between the City of Delray Beach and Palm Beach County for the Weed and Seed Program, extending the City's services as fiscal agent through September 30, 2002. 8.L. SERVICE AUTHORIZATION # 99-03/LAWSON, NOBLE & WEBB/SW AREA #3: Approve Service Authorization #99-03 in the amount of $66,677.26 with Lawson, Noble & Webb for improvement in the SW Area III and NW 13th & NW 14th Avenue. Funding from 370-3162-541-65.59 (SW Area III/NW 13th & 14th Avenue). a.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 18, 2001 through July 6, 2001. 07/10/01 OF DELRAY BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND MIAMI ALONG THE EAST COAST OF FLORIDA; AND AN EFFECTIVE DATE. (The official copy of Resolution No. 45-01 is on file in the City Clerk's office.) The City Manager explained the present plan is you would have to change trains in West Palm Beach. He stated there would be no stops on the FEC Raikoad between West Palm Beach and Miami. At this point, Ms. McCarthy returned to the dais. Ms. McCarthy moved to approve Resolution No. 45-01 as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.E. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate voting delegate to the Florida League of Cities' 75th Annual Conference to be held at the Wyndham Palace Hotel & Spa, Lake Buena Vista on August 23-25, 2001. Mr. Perlman moved to designate Mayor Schmidt as a voting delegate to the Florida League of Cities' 75th Annual Conference to be held at the Wyndham Palace Hotel & Spa on August 23-25, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.F. PROPOSAL FOR SETTLEMENT ALWANI v. CITY: Consider a proposal i~or settlement in the Alwani v. City of Delray Beach case. The City Attorney is recommending filing this proposal for settlement in the amount of $45,000 from an incident which occurred between an automobile and a City fire track. Mr. Perlman moved to approve the settlement, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10._.: PUBLIC HEARINGS: -6- 07/10/01 sure this is in good hands but would like to be reassured that we are looking after these schools particularly those in Delray Beach. Secondly, with regard to the budget, Mr. Bennett inquired about the City's pension situation. Lastly, Mr. Bennett stated he is concerned with the effort to wind up the Charter Revision Committee meetings so quickly when not much has been done in the aspect of making it readable. He feels there has been little effort to make it readable other than one or two phrases that have been pointed out as being particularly awkward. Mr. Bennett stated the original schedule called for meetings through November 1st and feels there is plenty of material to be addressed in the Charter. 11.B.3. Louis Martinez~ 506 Southridee Road, thanked the Commission for speeding up the construction for paving the roads in the Southwest area. However, Mr. Martinez stated there is still problems with the lots located next to his property that needs to be cut. He has notified the Code Enforcement division regarding the overgrown grass. Secondly, Mr. Martinez expressed concern about there not being proper lighting in his neighborhood and inquired about what procedure he should follow in order to get a light installed on an existing pole? Mr. Martinez stated he contact FPL and they informed him the City is responsible for putting in a new light. The City Manager stated he would have Mr. Barcinski, Assistant City Manager, look into this matter and then get back in touch with Mr. Martinez. Mayor Schmidt asked where the light pole is exactly located. Mr. Martinez stated the light pole is located between his house and two empty lots. Mr. Martinez reiterated that this area is much too dark and more street lighting is needed is this area. 11.B.4. Santalicio Martinez~ 506 Southridee Road, echoed comments expressed by his son. In addition, he pointed out that people drive too fast in this area and a sign should be posted io inform people to slow down. ll.B.5. Jim Smith~ 1225 S. Ocean Boulevard, stated he moved to Delray approximately eleven months ago and expressed the following concerns. One, Mr. Smith encouraged the Commission to keep up the good things they are doing throughout the City. He stated when he and his wife first moved to Delray they had certain expectations about what living here would be like and after being here for eleven months it has exceeded his expectations. Secondly, Mr. Smith asked the Commission to consider removing the graffiti on the sidewalk on Ocean Boulevard along the public beach (specifically meter #119). Mr. Smith stated he is not only concerned about the graffiti but is concerned that there appears to be no procedure for spotting this graffiti. Mr. Smith suggested that the City consider making a proclamation that the area on Ocean Boulevard becomes the "graffiti free zone". In addition, he -10- 07/10/01 Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Jeff Costello, Principal Planner, entered into the record the Planning and Zoning Department project file #2001-174. The subject property is located on the southwest comer of Pelican Lane and Ocean Boulevard. The Site Plan Review and Appearance Board (SPRAB) approved a site plan for Ocean Hammock Townhomes on September 27, 2000. The project, which is currently under construction, includes 10 townhomes which front on and take access from Pelican Lane. Pelican Lane has a 40 foot fight-of-way, of which the north 10 feet is located within the Town of Gulf Stream and th6 south 30 feet, is located within the City of Delray Beach. Following the site plan approval for Ocean Hammock, the plans for reconstruction of Pelican Lane were modified to shift the pavement to the south so that the entire paved surface would be located with the City of Delray Beach. The waiver was denied by SPRAB on June 20, 2001. The applicant is now seeking an appeal to the SPRAB action. Staff presented the item to the Board and recommended denial since there are two additional altematives to providing the sidewalk immediately adjacent to the curb and gutter, beyond eliminating the sidewalk. The first is to relocate the sidewalk to the north side of the street within the Town of Gulf Stream. The second alternative is for the applicant to provide an easement along the north side of the development, adjacent to Pelican Lane to allow the sidewalk to be located 5feet behind the curb and gutter. Staff's recommendation is to uphold the decision by the Site Plan Review and Appearance Board and deny the request for the sidewalk waiver, based upon a failure to make positive findings with respect to LDR Section 2.4.7(B)(5). Car3? Glickstein~ President of Ironwood Properties~ stated he is not objecting to ~he sidewalk because it was in the original plan. However, Mr. Glickstein stated the problem now is they have compressed the area within which to do a lot of the things required for these homes. Mr. Glickstein stated the sidewalk is not good for this development. There is a very steep grade change on the property, which has been alleviated to some degree in connection with improving the drainage improvements on that entire road. In an effort to create a safety area, he stated in his view what is actually being created is a relatively unsafe condition with quite a bit of up and down undulation in a relatively short area. Mr. Glickstein reiterated that in trying to alleviate safety concerns in a general sense, sidewalks are good. However, Mr. Glickstein stated they are creating some site specific problems which warrant the waiver request. Furthermore, Mr. Glickstein stated the people that have purchased in this community do not want the sidewalks. There being no one else who, having been duly sworn, wished to address the -12- 07/10/01 judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Jeff Costello, Principal Planner, entered into the record the Planning and Zoning Department project file #2001-167. Mr. Costello explained that this is a Conditional Use request to establish an Assisted Living Facility (ALF), Independent Living Facility (ILF), and Adult Day Care for a project known as Mil-Atlantic. The City Commission on January 5, 1999 previously approved this development, with an approval period of eighteen (18) months. The facility was not constructed and a timely extension request was not submitted and the approval has expired. At its meeting of June 18, 2001, 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 4-0 to recommend that the Conditional Use request to establish an ALF/ILF, and Adult Day Care for Mil-Atlantic 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 following revised conditions of approval: That the ALF/ILF be limited to 230 units (310 beds), and the Adult Day Care to fifteen (15) patients; That a full site plan application be processed pursuant to Section 2.4.5 of the Land Development Regulations and that it be in general conformance with the sketch plan; That a 30' wide road easement be provided parallel to the north property line, which does not contain any back-out parking; and, That a wall be provided along the south and west property lines where it abuts the single-family subdivisions, unless an alternative is suggested by the City Horticulturist with respect to saving the majority of the trees. Mr. Costello stated staff is recommending approval of the Conditional Use request to establish an ALF/ILF, and Adult Day Care for Mil-Atlantic 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 conditions recommended by the Planning and Zoning Board. Phillip Perlman, manaeine oartner of the owner & developer of the property, -14- 07/10/01 ending March 31, 2003 and one (1) regular member with an unexpired term ending March 31, 2002. Also appoint two (2) alternate members with term ending March 2003. The regular member appointments will by made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), Commissioner Perlman (Seat gl), and the alternate members by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). Via a letter from Mr. Levinson he stated he wished to appoint Robert A. Gillespie as a regular member to the Nuisance Abatement Board to fill a vacancy with the term ending March 31, 2003. Mr. Perlman so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Mrs. McCarthy moved to appoint Evelyn Dobson as a regular member to the Nuisance Abatement Board for a term ending March 31, 2003, seconded by Mr. Perlman. Upon roll chll the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes. Said motion passed with a 4 to 0 vote. Mayor Schmidt stated he wished appoint Jose Ramirez as a regular member to the Nuisance Abatement Board for a term ending March 31, 2003. Ms. McCarthy so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. Mr. Perlman moved to appoint Marilyn Alford to the Nuisance Abatement Board as a regular member for an unexpired term ending March 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Mrs. Archer moved to appoint John Miller, Jr. as an alternate member to the Nuisance Abatement Board as an alternate member with a term ending March 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Via letter, Mr. Levinson stated he wished to appoint Vera M. Scott as an alternate member to the Nuisance Abatement Board as an alternate member with a term ending March 2003. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 38-01: An ordinance rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the First Presbyterian Church and the abutting -16- 07/10/01 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. Staff is recommending approval on first reading of 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. There being no one who, having been duly sworn, wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 38-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney stated she had a nice vacation. 13.C. City Commission. 13.C.1. Commissioner Archer Mrs. Archer stated she had a nice vacation and commented that the biggest highlight of her vacation was when she was in Atlanta watching the All America City Presentation. Mrs. Archer stated anyone who has ever said anything about not making the opportunity to present for the All America City Award has in her opinion never attended a presentation. She feels just the act of making the presentation (winning or not) is enough to encourage such pride in our City. Secondly, Mrs. Archer stated she is very proud of the Delray Beach Youth Basketball Team players and feels they did a wonderful job. She stated it is such a pleasure to see so many kids involved in the program and spending their time in a constructive manner by participating in sports. Mrs. Archer commented that she would very much like to see the bronze bust of Spencer Pompey placed at Old School Square since this is the center of our City. -18- 07/10/01 Mayor Schmidt stated other than winning, the bonding process that went on in Atlanta was the most enjoyable part of the presentation. Secondly, Mayor Schmidt stated he and Vice-Mayor McCarthy were at the Community Child Care Center today for a presentation and noted the center received a grant in the amount of $15,000 from the Publix Foundation for their visual arts center. From the way the Publix representative was embracing the kids, Mayor Schmidt stated he has a feeling there may be some additional money forthcoming from Publix. At this point, the time being 7:55 p.m., Mayor Schmidt adjourned the regular meeting to the closed attorney/client session. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.286.011(8) regarding the case of City of De[ray Beach v. Florida Department of Agriculture and Consumer Services and Terry L. Rhodes, in her capacity as Commissioner of Florida Department of Agriculture and Consumer Service, Case No. CL 01-2707 AD. Attendees: Mayor David Schmidt Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman City Manager David T. Harden City Attorney Susan Ruby Assistant City Attorney Jay Jambeck A certified court reporter Purpose: The City has scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) in the case of City of Delray Beach v. Florida Department of Agriculture, et al. The estimated length of the closed session shall be 20 minutes. Mayor Schrnidt read the following statement for the record: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) in the case of City of De[ray Beach v. Florida Department of Agriculture, et al. The estimated length of the closed session shall be 20 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Patricia Archer, Alberta McCarthy, Jeff Perlman and City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Jay Jambeck, and a certified court reporter." At this point, the time being 8:15 p.m., Mayor Schmidt reconvened the regular meeting and announced that the closed session was temainated. 14.A. DISPOSITION OF THE CASE OF THE CITY OF DELRAY BEACH V. THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES -20- 07/10/01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ff. ~ · - REGULAR MEETING OF.[IdLY 24, 2001 HOLD HARMLESS AGREEMENT/CHAMBERS OFFICE CENTER DATE: JULY 20, 2001 This is before the City Commission to authorize the City to act as the utility permit applicant for the construction of water main extensions within the state fight-of-way (West Atlantic Avenue) and approve a Hold Harmless Agreement with the developer, BC Properties & Investments LLC. The developer is required to construct water main extensions within the state right-of-way. The Florida Department of Transportation requires the City to sign the permit on behalf of the developer. The proposed agreement provides that the developer will hold the City harmless for the utility work to be performed under the permit. Recommend approval of the Hold Harmless Agreement between the City and BC Properties & Investments LLC, for work performed within the state right-of-way. Ref:Agrnemo 16.Hold HarmlessAgmt. ChambersOfficeCenter. 07.24.01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engineer~ Richard C. Hasko, PE, ESD Director July 6, 2001 Hold Harmless Agreement for FDOT Utility Permit for Chambers Office Center Please find attached a hold harmless agreement for work performed within the state right-of-way. Chambers Office Center, located on the South Side of West Atlantic Avenue between Whatley Road and Sherwood Forest Drive, has been required to construct water main extensions within the State right-of-way. The Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. If the attached agreement is acceptable, please place it on the July 24, 2001 meeting for commission approval. CC: Randal Krejcarek, PE, City Engineer Brian Shutt, Assistant City Attorney s:~engadmin~projects~tactchambers medicaAhold harmless agenda.doc HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this day of , 2001 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and ~.(_..,'~oPg4~'D~ ~.~VE,'~. ~L.L~,, (hereinafter referred to as "DEVELOPER"). WITNESSETH: ' WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of-way of the State of Florida; 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 State 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, 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 Chambers Office Center. 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement 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 fmal 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 utility improvement, 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 for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, 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 for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. 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. 2 6. This Agreemem constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendmems to this Agreement must be in writing and executed by both parties. 7. 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 ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit "A". 9. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year fa'st written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor WITNESSES (Print or Type Name) DEVELOPER: By:~ (Prifit'or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instmmem was acknowledged before me this ~ day of ~ , 20(Y_ by ~:~*.~ ,~4:~$'oaJ (name of officer or agent, title of o{~ficer (~r agent) of B60a.oiN.~.'r~6 ~ .1' ;~/6¢'rnm~r~., t_~.o~ (name of corporation acknowledging), a '~'/-..~ ~.,,,o,n (state or place of incorporation) corporation, on behalf of the corporation. He.//She is personally known to me or has produced (type of identification) as id~ntifi~ti'$n and did (did not) take an oath. ~ic- State of Florida 4 Agenda Item No. ~ Request to be placed on: Regular Agenda Special Agenda __ Workshop Agenda AGENDA REQUEST Date: July 6, 2001 When: July 24, 2001 Description of item (who, what, where, how much):Approval of a hold harmless agreement between BC Properties & Investments LLC, the developer of The Chambers Office Center, and the City for utility work performed within the state riqht-of-way. The Chambers Office Center project is required to connect to water mains located within the West Atlantic Avenue Right-of-Way as a condition of site plan approval. The City is required to be the applicant on the Florida Department of Transportation utility permit application. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff reco_mmends approval of the hold harmless agreement. ~~~~ Department head signature: 7~-o/ Determination of Consistency with Comprehensive Plan: ty Attorney Rgview/Recommendation (if applicable): ~/~/ Budget Director Review (requYred on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Chambers Medical file:s/engadmin/tac/Chambers Medical/ag072401.doc TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGERT~ //~'X ! -~ PAUL DORLING, DIRECTOR OF PLANNING AND Z(i[NING ROBERT G. TEFFT, PLANNER ~ '~/~ MEETING OF ~ULY 24, 200~ ***CON~ENT AGENDA*** CONSIDERATION OF A REQUEST TO ALLOW A TEMPORARY MODULAR BUILDING AT ST. PAUL'S EPISCOPAL CHURCH, LOCATED NORTH OF SW 2ND STREET, BETWEEN S. SWINTON AVENUE AND SW 1sT STREET (118 S. SWINTON AVENUE). This request is in conjunction with a development proposal for St. Paul's Episcopal Church, which includes the demolition of an existing 538 square foot utility/office building, the construction of a 1,524 square foot office addition, and the installation of associated landscaping. The Class II Site Plan Modification for the proposed improvements is scheduled for review by the Historic Preservation Board (HPB) at its meeting of August 1, 2001. The applicant is requesting the placement of one 320 square foot temporary modular building on the property for use as offices for a period of one (1) year while the proposed building improvements are constructed. Permits for a temporary modular building are not included within the list of allowable temporary uses provided in LDR Section 2.4.6(H)(1), therefore approval of a waiver to allow this use from the City Commission is required. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The modular building is proposed to be located slightly to the south of the proposed building addition, and is primarily surrounded by existing buildings and the historic sanctuary. The modular will not be highly visible from adjacent rights-of-way and/or properties and will not adversely impact the neighboring area. The modular is being installed within an existing five (5) space parking area, however there is adequate parking on site excluding these spaces. The provision of public facilities will not be diminished with the granting of the waiver. The waiver will not create an unsafe situation or result in a special privilege as similar waivers have been City Commission Documentation Meeting of July 24, 2001 St. Paul's Episcopal Church Page 2 granted to others. A condition of approval is that the modular unit is removed after a period of one (1) year from the time of issuance of a Certificate of Occupancy for the modular, or at the time of issuance of a Certificate of Occupancy for the addition, whichever occurs first. By motion, approve a Temporary Use Permit for the placement of one (1) modular building to allow a temporary office facility at St. Paul's Episcopal Church, based upon positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: 1. That a site plan modification and Certificate of Appropriateness (COA) be processed and approval obtained from the Historic Preservation Board, and; That the modular unit is removed after a period of one (1) year from the time of issuance of a Certificate of Occupancy for the modular, or at the time of issuance of a Certificate of Occupancy for the addition, whichever occurs first. Attachments: a Proposed Site Plan MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM # ~' ~ - REGULAR MEETING OF.~ULY 24, 2001 DEDUCT CHANGE ORDER #1 & FINAL PAYMENT/]MS CONSTRUCTION COP~. (RENOVATIONS TO POMPEY PARK PHASE II PROJECT) DATE: JULY 20, 2001 This is before the City Commission to approve deduct Change Order # 1 in the amount of $5,000.00 with JMW Construction Corp. for completion of the renovations to Pompey Park Phase II Project. Also requested is final payment in the amount of $3,395.14. The project is complete and has been inspected and approved by staff. Funding is available from 334-4172-572-63.03. (General Construction/Pompey Park). Recommend approval of deduct Change Order #1 and the request for final payment to JMW Construction Corp. for the Pompey Park Phase II Project. RefiAgmemo 16.Closeout.JMWConstrudton. PompeyPark.07.24.01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www delrayesd corn TO: FROM: DAVID HARDEN City Manager VICTOR MAJTENYI Y~c~ Assistant Construction Manager SUBJECT: RENOVATIONS TO POMPEY PARK, PHASE II (P/N 01-01) Change Order # 1 and Final Payment DATE: JULY 17, 2001 Attached is an Agenda Request for City Commission to approve a net deduct Change Order #1, in the amount of $5,000.00, and a final payment, ~n the amount of $3,395.14, to JMW Construction Corp. for the completion of the Renovations to Pompey Park Phase II project. The contract award of $174,756.99 included a contingency allowance of $5,000.00, which was not used. The project is complete and all warranty documentation received. Staff recommends City Commission approve Change Order #1/Final in the amount of ($5,000.00) and final payment ~n the amount of $3,395.14 to JMW Construction Corp. for the completion of the Renovations to Pompey Park Phase II project. Funding is available from account 334-4172-572-63.03, General Construction Fund/Pompey Park Ball Fields. Joe Weldon; Director of Parks and Recreabon Richard Hasko; Director of E.S D. Howard Wight, Deputy Director of Construction File 2001-001 (A) si.. ~001-0001~agend memo 072401.doc S ~EngAdmm~Projects1200112001-001[CONSTRCTMgenda memo 072401 doc CHANGE ORDER NO. PROJECT TITLE: TO CONTRACTOR: CiTY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT One (1)/Final PROJECT NO. 2001-001 Renovations to Pompey Park, Phase II JMW Construction Corp. DATE: July 17, 2001 YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THiS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide all labor, matenal, and equipment necessary for the construction of various revisions to the plans and specifications to the Renovations to Pompey Park Phase II project as outlined below: Contract Contingency Allowance (not used) ....... ($5,000 00) Net Deduct Amount ........ ($$,000.00) SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THiS CHANGE ORDER 2.8 % TOTAL PER CENT DECREASE TO DATE 2.8 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, 0 CALENDAR DAYS. $174,756.99 $0.00 $174,756.99 $169,756.99 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. JMW Construction Corp. TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 334-4172-572-63 03 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY RECOMMEND: APPROVED: ENGINEER/DIRECTOR CITY ATTORNEY DELRAY BEACH, FLORIDA By its City Commission By: MAYOR ATTEST: By: CITY CLERK $:~...~2001-001~cnstrctn\CO1 .doc 0 > 0 O~ · 0 0 0 0 0 0 0 0 0 0 CD ~ ~. 0 0 0 C) C:) 0 0 0 0 0 I~. 0 8 ~ 8 8 8 o o o o o o o o 0 0 8 0 0 O~ C) 0 0 0 0 ~ ~ 0 0 0 0 O~ 0 0 0 0 0 0 i/) C 0 0 0 0 0 0 0 -,! 0 0 0 0 0 0 0 0 o-.,= o c~ c~ 0~ c:; o c~ 8 c ~D C~ C c o Agenda Item No.. Request to be placed on: AGENDA REQUEST Date: July 12, 2001 X Regular Agenda Special Agenda Workshop Agenda When: July 24, 2001 Description of item (who, what, where, how much): Staff requests City Commission to approve a net deduct Change Order #1/Final in the amount of $5,000.00, and a final payment in the amount of $3,395.14, to the construction contract with JMW Construction Corp. for the completion of the Renovations to Pompey Park Phase II project. Funding is available from the General Construction Fund / Pompey Park Ball Fields, account No. 334-4172-572-63.03. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commissio~ Change Order #1/Final and Final Payment to the construction contract with ~ Construct~n Corp. for completion of Renovations to Pomey Park Phas~U~//l~)je;/t~ ~ _/~_ ) Department head signature: i/ .// /'~ /'_'"~////',/ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re, guir~d on all items involving expenditure of funds): Funding available: Funding alternatives (if applicable): Account No. & Description 334-4172-572-63.03; Gen. Cnstrctn Fund/Pompey Park Ball Fields Account Balance ~.[~/$~2. City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved 32001-001~constrctn~Agenda Request 072401 £1TY OF DELRI:IY BEACH CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 Ul-mClt~ 1993 DATE: July 18, 2001 MEMORANDUM TO: FROM: SUBJECT: City Commission David T. Harden, City Manager Jay T. Jambeck, Assistant City Attorne~ Proof of Claim re: Brock v. Merrill Ly~h & Co., et al. The City has received a Notice of Proposed Class Action Settlement and Fairness Hearing in the above-referenced action. The class action was filed by Collier County in the United States District Court for the Middle District of Florida and concerns the purchase of U.S. Treasury Securities from certain entities who allegedly conspired to charge excessive markups on the sale of such securities. Based on City records, the City has a claim to assert regarding four (4) of its prior refunding bond series. This claim could be made through the class action process in the above-referenced case, in which the City would be entitled to a settlement amount as follows: (1) Forty percent (40%) of the net settlement fund will be divided equally among the total number of all claimants (of which the City is one); and (2) Sixty percent (60%) of the net settlement fund will be divided by authorized claimants (of which the City is one) based on that authorized claimant's percentage of all claims submitted. The exact amount of the City's portion of the settlement fund is subject to the total amount claims and number of claimants and is therefore indeterminate at this time. The City does have the option to opt-out of the settlement and could pursue its own cause of action against any individual entities that were associated with the City's four (4) qualifying claims. Our office has reviewed the 42-page complaint in this action, which alleges both state and federal causes of action. Our office would recommend that the City opt-in to the class action settlement and file its claim through that vehicle rather than undertake individualized litigation. Please place this item on the consent agenda for the July 24, 2001 City Commission meeting. Please call if you have any questions. CC: Barbara Garito, Acting City Clerk Becky O'Connor, City Treasurer MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~r. ~ - REGULAR MEETING OF JULY 24, 2001 REQUEST FOR RELEASE OF LIENS DATE: JULY 20, 2001 This is before the City Cormmssxon to approve the waiver of liens in the amount of $2,748.50 on 332 ~ 11th Avenue. A lien search was requested on the subject property in September 2000, at which time it was reported that there were eight (8) liens for a total amount of $1,429.28. This amount represented only a portion of liens on thas property. The $1,429.28 was paid to the City immediately upon closing of the property. Now the new owner is in the process of reselling the property and has been noufied by the City that there are five (5) additional outstanding liens totaling $2,748.50. Based on the fact that it was our error in reporting in September 2000, I am recommending that these liens be waived. I recommend the waiver of the outstanding $2,748.50 municipal liens against 332 NW 11th Avenue and that a release of lien be recorded as soon as possible. RefiAgmemol 1.LaenRelease332NW1 lth Ave 07 24.01 [lTV OF DELRI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line 561/243-7091 1993 DATE: July 19, 2001 TO: FROM: City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Release of Liens Pursuant to the attached letter, Mr. Shendell is requesting the Commission waive the remaining liens on subject property, in the amount of $2,748.50, which includes interest. As Mr. Shendell related in his letter, inquiry was made to the City Clerk's Office regarding lien information on the subject property and only a portion of the liens were relayed to Mr. Shendell. Those liens were paid off by Mr. Shendell's client. The property was subsequently sold by Mr. Shendell's client to another owner. When the new owner attempted to sell the property he was informed of the remaining liens on the property. Please place this item on the July 24, 2001 City Commission agenda for consideration. Please call if you have any questions. CC: Barbara Garito, Acting City Clerk Lula Butler, Director of Community Improvement JUL-18-~001 14:39 SHENDELL MILLER & SHENDEL 954 781 3?4? P.0~/05 SHENDELL ]VIILLER & SHENDELL. P.A. 3650 North Federal Highway * Suite 202 · Lighthouse Point, FI. 33064 · Phone {954) 78; -3747 - Fag (954) 781-3748 July 18,2001 Honorable City Commissioncrs City of Delray Beth 100 NWI st Avelaue Delray Beach, FL 33444 Re: 332 NW 11' Avenue, Dclray Beach Dear City Commisioners: Last year this firm represented BMC Mortgage Corporation which acquired the above- referenced real property through a foreclosure action. As part of our normal due diligence, we enlisted the services of Florida Tax Service, Inc. who made a lien inquiry of the City of Delray Beach and paid the required $10.00 fee to the Clerk. At~ched please find a copy oftbe lien inquiry results signed by Alison MacGregor Harry, City Clerk, and stating in part as Follows: "Thc City of DeL-ay Beach has filed g liens against the subject property. The payoff of all is $1,429.28 which is good thru the month of September, 2000 .... "emphasis added The sum of $1,429.2g was collected and paid to the City immediately upon closing thc subject property. The new owner (Aristidis Christo) is in the process of reselling the property. Mr. Christo has been advised that the City is now alleging that the City is due additional monies in thc amount of $2,748.50 plus interest for five additional liens which were not disclosed to this firm last September. In fact, upon inquiry, thc City Clerk has advised us that our request of last September was improper because we did not make inquiry of each and every owner of record of thc subject property. Attached please fred the City's July 10, 2001 letter for your convenient reference. We are now questioning how this firm is able to reasonably rely on the lien inquiry made of the City last fall7 The sealed and signed report wc received specifically stated that these are all amounts due against the property and not against the last two owners of the property. How would any person be assured that any property located in DeLray Beach was free and clear of liens if they did not specifically list the names of all titleholders of that property when making an inquiry of the City Clerk7 The explanation given to us in the City's July 10' letter is indefensible and unacceptable. 07/18/01 WED 13:34 [TX/RX NO 8477] $UL-18-2001 14:59 SHENDELL MILLER & SHENDEL 9S4 781 5?4? P.05×05 Honorable City Commissioners City of Delray Beach July 18, 2001 Page 2 In addition~ by the City Clerk's refusal to acknowledge i~ error, this firm's reputation has been damaged in the eyes of Mr. Christo, his new buyer and our title insurance underwriter who all believe that this firm does shoddy work. This is also unacceptable. We are respectfully requesting that this Commission waive all amounts allegedly now due as a result of the City Clerk's error since this tirrn reasonably relied upon the information furnishexi to it by the City Clerk and paid all amounts reported to be due. We are further requesting that the City Clerk forward letters of apology to this firm, Mr. Christo, his new buyer and our title insurance urlderwriter acknowledging the City Clerk's error immediately. Thank you in advance for your immediate a~tcntion to this matter. Tamar Duffney-Shgndell Vivian Miller Lawrence Shendell TD$/nrr 07/18/01 WED 13:34 [TX/RX NO 8477] .TUL-'18-2001 14:40 SHENDELL 1'1! LLER g, SHENDEL 954 ?82,. 3?4? P. 04×05 ..~-.,,,, 07/18/01 WED 13:34 [TX/RX NO 8477] YUL-18-~001 14:40 SHENDELL MILLER & SHENDEL 954 781 3747 P.05/05 rlT¥ JIF I]El.lll:ltlt BEI:I£H DELP~Y BEtH CITY CLERK 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444. 561/243-7000 1993 Lori Tomasetti Shendell N/liar & Shendeli P.A. 3~'0 N Federal Highway-' ~212 ' Lighthouse Point, Fl. 33064 July lO, 2001 Dee; Ns. Tomasctti, I have researched the open liens wa have against lo: 24, Foinciana Heights and have found the following: R~S.# Invoice ~ Date Amount Customer Name 57-96 7808 7-31-96 $1,555,23 Carteret Savings Bank 69-96 7558 6-20-96 $143.42 " " " 4-97 7980 8-28-96 $148.53 " " " 22-97 8637 12-3-96 $133.61 " 40-97 9120 2-6-97 $107.55 " " " as you can see, the liens Vere all filed against Carteret Savings Bank. Our prior lien search reque;cs were for the names Freddie Smith and Mortgage Corp., vhich are now all paid. Please no;e that all of the liens are interest bearing and have a comblned payoff of $2,748.50 ~hich is good ~hru the month of July 2001. rely Hancock Jr. THE EFFORT ALWAYS MATTERS 07/18/01 WED 13:34 TOTI:I_ P.05 [T//RX NO 84771 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~/~'. - REGULAR MEETING OF JULY 24, 2001 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JULY 20, 2001 Attached is the Report of Appealable Land Use Items for the period July 9, 2001 through July 20, 2001. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. Ref:Apagmemo / Appealables/ 0 7- 2 4-01 TO: THRU: FROM: DAVID T. HARDEN, CITY MANAGER P,~IL DO. RUNG, DI~CTOR OF PLANNING AND ZONING /JASMIN ALLEN, PLANNER SUBJECT: MEETING OF JULY 24, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JULY 9, 200'! THRU JULY 20, 2001 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of July 9, 2001 through July 20, 2001. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended denial (5 to 2, Peltzie and Randolph dissenting), of a conditional use request to allow the establishment of a 24-hour child care facility for Grammy's Place, Inc. located at the northeast corner of S. Swinton Avenue and SE 3rd Street. Recommended approval (7 to 0), of a rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) for a parcel of land located at 36 NVV 4th City Commission Documentation Appealable Items Meeting of July 24, 2001 Page 2 Avenue to accommodate an off-street parking lot associated with the Atlantic Grove Redevelopment Project. Recommended approval (7 to 0), of a conditional use request to accommodate an off-street parking lot associated with the Atlantic Grove Redevelopment Project, located at 36 NW 4th Avenue. Recommended approval (7 to 0), of a conditional use request to allow a density of more than 12-units per acre for the Atlantic Grove Redevelopment Project, located rd th on the north side of West Atlantic Avenue between NW 3 and 5 Avenues. Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 4.4.11(B)(3) to amend business and professional offices as a permitted use in the NC (Neighborhood Commercial) zoning district. Recommended approval (4 to 3, Randolph, Morris and Bird dissenting), of an amendment to the Land Development Regulations Appendix "A" and Section 4.3.3 adding a definition and special regulations regarding 24-Hour Businesses and listing 24-Hour Businesses as a conditional use in certain non-residential zoning districts. Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 4.6.9(E)(3)(b) to include a map which delineates the in-lieu of parking fee areas and corresponding fee amounts. Approved (5 to 0, Borchardt and Branning absent), a fiat wall sign and a free standing sign for Wachovia, located within the Lavers International Plaza (900 Linton Boulevard). Approved with conditions (5 to 0), the architectural elevation plan associated with the installation of storefront awning for Beach Music, a commercial building, located on the south side of East Atlantic Avenue, west of SE 5th Avenue (424 East Atlantic Avenue). Approved (5 to 0), the deletion of a previous condition of approval requiring the provision of a photometric plan for Ralph IsuzulDaewoo Dealership, located at the northeast corner of South Federal Highway and Fladell's Way (2501 South Federal Highway). Approved with conditions (5 to 0), a Class IV site plan modification, landscape plan and building elevation plans associated with the construction of a new sanctuary for Our Lady of Perpetual Help, located at the northwest corner of SW 8th Avenue and SW 6th Street (510 SW 8th Avenue). City Commission Documentation Appealable Items Meeting of July 24, 2001 Page 3 Continued (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of the Bermuda Inn hotel and construction of a new 71-room hotel, Vista Del Mar, located on the west side of South Ocean Boulevard, approximately 300 feet south of East Atlantic Avenue. The Board continued the item to allow the applicant to address compatibility issues with respect to the surrounding uses. Fo Approved (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the conversion of a single family residence to a retail use for 101 SE 1st Street, located at the northeast corner of SE 1st Avenue and SE 1st Street. Approved (6 to 0, Bodker absent), a request for a Certificate of Appropriateness associated with a building addition for a contributing residence at 42 Palm Square (west side of Palm Square, south of East Atlantic Avenue). Approved (6 to 0), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the conversion of a contributing bungalow style single family residence to a bakery for 20 South Swinton Avenue (west side of South Swinton Avenue, south of West Atlantic Avenue). The Board tabled the request to demolish a detached garage building in order to allow the applicant to provide a justification why the building should be demolished. Other Items Recommended to the Planning and Zoning Board approval (5 to 1, Jamison dissenting), of a conditional use request for the Atlantic Grove Mixed-Use Proect to allow the density to exceed 12 units per acre (16.54 units per acre). Recommended to the Planning and Zoning Board approval (6 to 0), of a Future land Use Map amendment from LD (Low Density Residential 0-5du/ac) to CF (Community Facilities) rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) and a conditional use request to accommodate an off-street parking lot associated with the Atlantic Grove Redevelopment project. City Commission Documentation Appealable Items Meeting of July 24, 2001 Page 4 Approved with conditions (5 to 0, Bodker & Sexton absent), a Class III site plan modification, landscape plan, architectural elevation plan and a request for a Certificate of Appropriateness associated with a building addition for S & R Beauty Supplies, located at the northeast corner of NW 5th Avenue and NW 1st Street (103 NW 5th Avenue). Approved with conditions (5 to 0), a Class V site plan, landscape plan, architectural elevation plan and a request for a Certificate of Appropriateness associated with the construction of 4,860 sq. ft. 2-story church facility with a 161 seat sanctuary for House of God Church, located at the northwest corner of NW 3rd Avenue and NW 1st Street. Approved (5 to 0), a request for a Certificate of Appropriateness associated with the demolition of a non-contributing duplex located at 23 & 25 SW 1st Avenue (east side of SW 1st Avenue, south of West Atlantic Avenue). o Approved (5 to 0), a request for a Certificate of Appropriateness associated with the demolition of a non-contributing four-plex located at 33 SW 1st Avenue (located on the east side of SW 1st Avenue, south of West Atlantic Avenue). By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- JULY 24, 2001 r"-' ~a I ~' ....... '-'- ..... 1 · I ....... ,~ I UNTON BOULEVARD ! i- ..... Iii- .................... ....................... N,W ~ID ST. S.W. 2ND ST. C-t5 CANAL $.P.R.A.B: A. WACHOVIA B. BEACH MUSIC C. RALPH ISUZU D. OUR LADY OF PERPETUAL HELP E. HOTEL VISTA DEL MAR F. 101 S.E. 1ST STREET t. 42 PALM SQUARE 2. 20 SOUTH SWINTON AVENUE 3. S & R BEAUTY SUPPLIES 4. HOUSE OF GOD CHURCH 5. 23 & 25 S.W. ISTAVENUE 6. 33 S.W. 1STAVENUE j ONE MILE j GRAPHIC SCALE CiTY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2001 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ff~' - REGULAR MEETING OF JULY 24, 2001 AWARD OF BIDS AND CONTRACTS DATE: JULY 20, 2001 This is before the City Commission to approve the award of the following bids and contracts: 1. Housing rehabilitation grant awards through the Community Development Division in the amount of $12,636.75 to Abisset Corporation for 309 SW 12th Avenue, and two (2) contract awards to Hatcher Construction for 421 SW 9th Court in the amount of $22,651.65, and 229 SE 1st Avenue in the amount of $12,747.00. Funding in the total amount of $48,035.40 is available from 118-1924-554-49.19 (SHIP Rehab Program). Recommend approval of the bids and contract awards listed above. Ref B~d. Agmemo 07-24 01 City of Delray Beach Community Development Division MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, CD Administrator ~ Lula Butler, Community Improvement Director ~) July 11, 2001 Community Development Division's Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for three Housing Rehabilitation grant awards to the lowest responsive bidders. 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 bidder plus a 5% contingency. The contingency may be used for change orders and all unused funds 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 compliance according to specifications 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 activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at 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 within 10% of the Division's professional in-house estimate. This serves to disqualify unreasonable 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 bids for tl~ee Housing Rehabilitation projects to the verified responsible low bidders and authorizes awards in the following amount: CASE# ADDRESS CONTRACTOR GRANT AMOUNT 99-017HR 309 SW 12th Avenue Abisset Corporation $12,636.75 99-040HR 421 SW 9th Court Hatcher Construction $22,651.65 98-050HR 229 SW 1st Avenue Hatcher Construction $12,747.00 AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda Description of item (who, what, where, how much): Case# Address Contractor Date: July 11, 2001 When: July 24, 2001 Grant Amount 99-017 HR 309 SW 12th Avenue Abisset Corporation $12,636.75 99-040HR 421 SW 9th Court Hatcher Construction $22,651.65 98-050HR 229 SW 1st Avenue Hatcher Construction $12,747.00 ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of three State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Grants and Contract Awards from account # 118-1924- 554-49.19 in the amounts of $12,636.75, $22,651.65 and $12,747.00. These amounts includes a 5% contingency. Department Head Signature: ~ ~ City Attomey Review/Recommendation (if applicable): grant Budget Director Review (required on all items invo!ving expenditure of funds): Funding available: (~O Funding Alternatives: (i~f\applicablc')a Account No. & Description: Account Balance: City Manager Review: HAPolP~jVnet~ 1 :for agenda~/NO~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR OF PLANNING AND ~DNING MICHELLE E. HOYLAND, SENIOR PLANNERL./~j~ .~ ~ MEETING OF JULY 24, 2001 CONSIDERAT,ON OF A COND,T,ONAL USE REQUEST TO ESTABL,SH A 24-HOUR CHILD CARE FACILITY FOR GRAMMY'S PLACE TO BE LOCATED ON THE NORTHEAST CORNER OF S. SWlNTON AVENUE AND SE 3"[~ STREET. The conditional use request is to convert an existing 1,200 square foot residence to a 24-hour child care facility; construction of a circular driveway for the use as a pick-up/drop off area; conversion of the front and side yards to an outdoor play area; and, demolition of existing sheds to accommodate construction of a 4 space paved parking lot. The facility would accommodate 22 children ages 2 - 12, at a time. Additional background and analysis is found in the attached Planning and Zoning Board Staff Report. At a public hearing held on June 18, 2001, the Planning and Zoning Board considered the Conditional Use request. The Board had concerns with respect to the hours of operation at the proposed location and whether the facility would meet a neighborhood need. Members from the public spoke on the item and voiced concerns with respect to the use, the hours of operation and the negative affect on property values. After a lengthy discussion on the hours of operation and how to enforce restricted pick-up and drop-off hours the Board voted 3-1 (Hasner dissenting and Bird, Stark and Morris absent) to continue the Conditional Use request for the Grammy's Place to the July 16th meeting, with the following direction: · That staff contact the Child Resource and Facility Center to see if there is a need for a 24-hour child care facility in Delray Beach. At its meeting of July 16, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the request. Staff presented additional information concerning the demand as well as a map which identified five child care facilities within 1,000' of the proposed facility. Staff had recommended approval of the request. At the meeting, adjacent and residential homeowners expressed concerns with the proposed conditional use. The specific concerns regarded the potential adverse impact on surrounding properties with respect to a degradation of property values as a result of the 24-hour child care facility component. After some discussion the Board voted 5 to 2 (Peltzie and Randolph dissenting) to recommend that the Conditional Use request be denied based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility), in that the proposed use will have a significant detrimental effect on the stability of the neighborhood and will hinder development or redevelopment of nearby properties. By motion, deny the Conditional Use request to establish a 24-hour child care facility for Grammy's Place, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility), in that the proposed use will have a significant detrimental effect on the stability of the neighborhood and will hinder development or redevelopment of nearby properties. · P&Z Staff Reports and Documentation of June 18, 2001 and July 16, 2001 ~'/4 ' PLANNING & ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: June 18, 2001 IV.B. Conditional Use Request to Allow the Establishment of a 24-Hour Child Care Facility for Grammy's Place, Inc., Located at the Northeast Corner of S. Swinton Avenue and S.E. 3rd Street. GENERAL DATA: Owner ................................... Agent/Applicant ..................... Location .............................. Property S~ze ........................ Existing Future Land Use Map Designation .................. Current Zoning ..................... Adjacent Zonings ........ North: East' South: West: Existing Land Use ............... Proposed Land Use ............ Water Service ....................... Sewer Service ...................... Irene Montalban Dianna Jones-Sizemore Northeast corner of South Swinton Avenue and S.E. 3rd Street. 0.23 Acre Medium Density Residential (5- 12 units/acre) RM (Multiple Family Residential- Medium Density) RM RM RM R-1-A (Single Family Residential) Single Family Residence Conditional Use Request to allow the establishment of a 24- hour Child Care Facility Existing on Site Existing on Site SCHOOL 50UARE ATLANTIC AVENUE S E 1ST ST S W 1ST ST S W 2ND ST $ W 3RD ST -- U1 S E 2ND ST IV.B. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a 24- hour child care facility for Grammy's Place, pursuant to LDR Section 2.4.5(E). The subject property is located at 245 S. Swinton Avenue, which is on the northeast corner of S. Swinton Avenue and SE 3r~ Street. The subject property consists of the south 75 feet of the west % of Block 71, Town of Delray. The .23 acre property contains a 1,200 square foot residence, which was constructed in 1946 and has been a residential property since that time. The property is currently zoned RM (Multiple Family Residential - Medium Density) which allows child care centers as a Conditional Use. Therefore, a conditional use application to establish a 24-hour child care facility, which involves the conversion of a single family residence and is now before the Board for action. The development proposal includes the following: · Conversion of a single family residence to a 24-hour child care facility; · Construction of a circular driveway for the use as a pick-up/drop off area; · Conversion of the front and side yards to an outdoor play area; and, · Demolition of existing sheds to accommodate construction of a 4 space paved parking lot. The applicant has submitted the following narrative that describes the operation: Grammy's Place will be a small, homelike childcare center with 22 children. We will not enroll infants under 2 years old. Our service is not a drop-off babysitting service. Our target clientele is working parents who have irregular work schedules. Most childcare centers close at 6:00 p.m., however, many people work later than that, such as: hospital employees, firefighters, police officers, and restaurant workers. We are certain that there is a tremendous need in the community for quality, affordable 24- hour childcare. When the children are dropped-off, the parents will inform Planning and Zoning Board Staff Report Conditional Use Approval - Grammy's Place Child Care Center Page 2 US of approximately what time they will be returning. We will then be able to plan accordingly and have their child awake and ready to go without disturbing the other sleeping children. In addition, it will provide security for the surrounding neighbors by being fully staffed 24 hours a day. REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. 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 Future Land Use Map designation of MD (Medium Density Residential 5-12 dwelling units per acre) and is zoned RM (Multiple Family Residential - Medium Density). The RM zoning district is consistent with the MD Future Land Use Map designation. Pursuant to LDR Section 4.4.6(D)(3), within the RM zoning district, child care facilities are allowed as a Conditional Use. 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: To date no water and sewer plans have been submitted, however water and sewer services exist via a service lateral connection to the existing water main within SE 3rd Street and the existing sewer main which runs along the east side of the subject property. ^ fire hydrant exists at the southeast corner of S. Swinton Avenue and SE 3rd Street. No main extensions or upgrades are anticipated with this development proposal. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service at the City's build-out population based on the current FLUM. Based on the above, this proposal should have little or no impact with respect to water and sewer service. Therefore, positive findings with respect to this level of service standard can be made. Planning and Zoning Board Staff Report Conditional Use Approval - Grammy's Place Child Care Center Page 3 Drainage: Paving and drainage plans are not required for the conditional use analysis. It is anticipated that drainage will be accommodated via sheet flow to pervious areas and/or the installation of an exfiltration trench system. However, is noted that there is limited space that can be utilized for water retention, as the required play area cannot be used for water retention. If the conditional use request is approved, a paving and drainage plan must be provided with the submittal of the site plan. Streets and Traffic: Pursuant to LDR Section 2.4.3(E)(2), a traffic statement is required for land use applications that generate 200 or less ADT (Average Daily Trips). A traffic statement has been submitted which indicates that the proposed use will generate 98 new average daily trips. Adequate capacity exists on the surrounding roadway network to accommodate the traffic generated from the proposed use. Based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: The 1,200 sq. f. child care facility will generate 2.1 tons of solid waste per year [1,200 sq. ft. x 3.5 lbs./sq, ff./year = 4,200/2000 = 2.1 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: 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 applicable policy was found. Housing 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. Planning and Zoning Board Staff Report Conditional Use Approval - Grammy's Place Child Care Center Page 4 The proposed use is surrounded by residential properties. In order to limit potential impacts on the adjacent properties, adequate buffers must be provided for the outdoor play areas. The proposed play areas will be surrounded with a vinyl coated chain link fence. As discussed later in the staff report, the height of the fence must be increased from 4' to 6' and a hedge 4' at the time of planting must be installed and is attached as a condition of approval. A 5' landscaped area is provided along the north, east and south perimeters of the parking area. However, pursuant to LDR Section 4.6.16(H)(3)(e), where commercial areas abut properties in residential use, one tree shall be planted every 25' to form a solid tree line. This would be required along the north and east property lines to buffer noise and lighting from the parking area to the adjacent residences. This item is attached as a condition of approval. There is a concern with the proposed 24-hour child care facility as it relates to the nighttime pick-up and drop-off hours and the potential impact this may cause on adjacent residential properties. Therefore, an attached condition of approval is that the pick-up and drop-off hours be limited to 6:00 a.m. - 11:00 p.m. to not cause adverse impacts on the residential neighborhood. Provided the above conditions of approval are addressed, the proposed 24-hour child care facility will not have an adverse impact on the stability of the surrounding neighborhood. 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: Am Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north, east and south sides by the RM (Multiple Family Residential- Medium Density) zoning district and the west by R-1-A (Single Family Residential) zoning district. Single family homes exist to the north, east, south (across SE 3rd Street) and west (across S. Swinton Avenue). As previously discussed compatibility with the adjacent residential properties is a concern as the proposed 24-hour child care facility will operate during the nighttime hours. Provided the hours of pick-up and drop-off are limited from 6:00 a.m. to 11:00 p.m. as recommended by staff, the proposed use will not have a significant detrimental effect upon the stability of the neighborhood, nor will it hinder development or redevelopment of nearby properties. Planning and Zoning Board Staff Report Conditional Use Approval - Grammy's Place Child Care Center Page 5 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted, which has been reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following technical comments have been identified. Parking Pursuant to LDR Section 4.6.9(C)(7)(h), child care facilities must provide 1 parking space per 300 sq.ft, of total floor area. Further, parking is to be designed to enable vehicles to enter and exit a site in a forward manner. The 1,200 sq.ft, facility requires 4 parking spaces and 4 have been provided within an approved parking area on the east side of the structure. Thus, the parking requirement has been met. Maneuvering Area: Pursuant to LDR Section 4.6.9(D)(4)(c), a 24' wide by 6' deep maneuvering areas must be provided at the end of a dead-end parking bay. At the north end of the proposed parking area this area has not been provided. The required maneuvering area can be easily accommodated by relocating the handicapped accessible space to the south end of the parking area and providing a space underneath the covered patio (See Exhibit A). An attached condition of approval is that an adequate maneuvering area be provided and addressed with the site plan application. LDR 4.3.3(E) - Child Care Facilities Lot Area: The minimum lot area required for child care facilities is 7,500 square feet. The total lot area of the subject property is 10,125 sq. ft., thus this requirement has been met. Floor Area: Child care facilities shall contain a minimum floor area of 35 sq. ft. per child, exclusive of space devoted to bathrooms, halls, kitchen, offices and storage. The structure contains a total of 1,200 sq. ft. in which 958 sq. ft. is usable floor area thus, allowing a maximum of 27 children. However, the request is limited to 22 children, based upon the amount of outdoor play area as discussed below. Outdoor Area: There shall be a minimum of 75 sq. ft. of outdoor play area per child. The play area shall be located on the same lot as the principal use and shall not be located in the front yard setback or adjacent to any outdoor storage area. A 6' high fence or wall shall Planning and Zoning Board Staff Report Conditional Use Approval - Grammy's Place Child Care Center Page 6 surround the play area. The applicant has provided 1,652 sq. f. of outdoor play area, allowing a maximum of 22 children, which does not encroach into the 25' front or 15' side street setback areas. A 4' high chain link fence is proposed around the outdoor play area along the east, south and west sides. There is an existing 6' high wood fence, which exists along the north side of the outdoor play area. The height of the chain link fence must be increased to meet the 6' fence height requirement. Additionally, a hedge at least 4' high at time of planting must be planted adjacent to the chain link fence. These items are attached as conditions of approval. Loading Area: A pick-up and drop-off area for children shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. A one-way drop-off/drive aisle is proposed on the south side of the structure, which takes access off of SE 3rd Street. Thus this requirement has been met. Provided the conditions of approval are met the application will comply with LDR Section 4.3.3(E) relating to Child Care Facilities. Technical Items: While the sketch plan has accommodated most of the staff concerns the following items remain outstanding, and will need be addressed with the site plan application: The Palm Beach County Rules Regulations Governing Child Care Facilities states that "each child shall have a separate bed or cot". Therefore, a floor plan depicting the layouts of proposed beds or cots shall be provided. The development proposal is not located within a geographical area requiring review by the Downtown Development Authority (DDA). Community Redevelopment Agency The CRA Board will review this item at their meeting of June 14, 2001. The CRA Board's recommendation will be provided at the Planning and Zoning Board meeting. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Planning and Zoning Board Staff Report Conditional Use Approval - Grammy's Place Child Care Center Page 7 Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: · Progressive Residents of Delray · Osceola Park · President's Council Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use is for the establishment of a 24-hour child care facility. The proposed child care center is to be located within an existing single family residence. Provided the conditions of approval specifically relating to the hours of pick- up and drop-off are met there should be no compatibility issues associated with the proposed development. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. A. Continue with direction. Bo Recommend approval of the Conditional Use request to establish a 24-hour child care facility (Grammy's Place), based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the Conditional Use request to establish a 24-hour child care facility (Grammy's Place), based upon a failure to make positive findings with respect to Compliance with the Land Development Regulations. Planning and Zoning Board Staff Report Conditional Use Approval - Grammy's Place Child Care Center Page 8 Recommend approval of the Conditional Use request to establish a 24-hour child care facility (Grammy's Place), based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That the maximum enrollment for the child care facility be 22 children; 2. That the hours of pick-up and drop-off be limited to the hours between 6:00 a.m. and 11:00 p.m.; 3. That the height of the vinyl coated chain link fence adjacent to the proposed outdoor play area be 6' in height; 4. That a hedge 4' high at time of planting be installed adjacent to the proposed vinyl coated chain link fence; 5. That a tree be planted every 25' to form a solid tree line along the north and east property lines; That the parking lot be redesigned per attached Exhibit A to accommodate the required 24' wide by 6' deep maneuvering area at the north end of the proposed dead-end parking area; 7. That a floor plan depicting the layouts of proposed beds or cots shall be provided; and, 8. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and incorporates the concerns noted herein. Attachments: Location Map Survey Site Plan Existing r-t Site Plan Proposed Exhibit A r-] Floor Plan Report Prepared By: Michelle E. Hoyland, Senior Planner POLICE COMPLEX ,I ~, I I I · ~TL^NTIC SOUTH COUNTY COURT HOUSE I IIIIIIIII II IIIII [11111 III1 II S.W,, 1ST ST.' S.W. 1ST ST S.E 1ST > ~ S W. 2ND ST. S E 2ND [I S.W 5RD ST. I'll PARK Z 0 3RD ST. ST. ST. S W 4TH ST S.E 4TH ST. DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX ~ ~ S E. 5TH ST .... N CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT GRAMMY'S PLACE, INC. 245 S. SWINTON AVENUE -- ~)/GIT'A/.. ~,4SE' Ag~IP $)"5'7'E'M -- MAP REF' LM524 'l X _L). ~__, 'DNI 'MO¥~Icl B, XI~II~IVHD '~0~ ~;)N~l(ll~i ONI~IX~ NV &O "I~OOH'~i ¥ Il_ O OONC. f~ETE KilTCNEN O. PEN TO eROeOSEE> ~LOOR PLANNING & ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 16, 2001 (Continued from June 18, 2001 meeting) IV.A. Conditional Use Request to Allow the Establishment of a 24-Hour Child Care Facility for Grammy's Place, Inc., Located at the Northeast Corner of S. Swinton Avenue and S.E. 3rd Street. GENERAL DATA: Owner ................................... AgentJApplicant ..................... Location ................................ Property Size ........................ Existing Future Land Use Map Designation .................. Current Zoning ..................... Adjacent Zonings ........ North: East: South: West: Existing Land Use ................ Proposed Land Use ............. Water Service ....................... Sewer Service ...................... Irene Montalban Dianna Jones-Sizemore Northeast corner of South Swinton Avenue and S.E. 3rd Street. 0.23 Acre Medium Density Residential (5- 12 units/acre) RM (Multiple Family Residential- Medium Density) RM RM RM R-1-A (Single Family Residential) Single Family Residence Conditional Use Request to allow the establishment of a 24- hour Child Care Facility Existing on Site Existing on Site TENNIS U~ STADiUMJ~']'OLD' I SCHOOL I ~ I $OUARE J ATLANTIC AVE N SE SW PALM BEACH COUNTY S W *IH ST I S W. 2ND ST. ~.E 2ND ST IV.A. MEETING OF: JULY 16, 2001 AGENDA ITEM: IV.A. CONDITIONAL USE APPROVAL TO ESTABLISH A 24- HOUR CHILD CARE FACILITY FOR GRAMMY'S PLACE, PURSUANT TO LDR SECTION 2.4.5(E) (CONTINUED FROM THE JUNE 187 2001 MEETING) At a public hearing held on June 18, 2001, the Planning and Zoning Board considered a Conditional Use request to establish a 24-hour child care facility for Grammy's Place located on the northeast corner of S. Swinton Avenue and SE 3rd Street. The Board had concerns with respect to the hours of operation at the proposed location and whether the facility would meet a neighborhood need. Members from the public spoke on the item and voiced concerns with respect to the use, the hours of operation and the negative affect on property values. After a lengthy discussion on the hours of operation and how to enforce restricted pick-up and drop-off hours the Board voted 3-1 (Hasner dissenting and Bird, Stark and Morris absent) to continue the Conditional Use request for the Grammy's Place to the July 16th meeting, with the following direction: · That staff contact the Child Resource and Facility Center to see if there is a need for a 24ohour child care facility in Delray Beach. Staff contacted the Palm Beach County Health Department regarding the demand for a 24ohour child care facility in Delray Beach. The Health Department indicated that a 24- hour child care facility does not currently exist in Delray Beach. However, the Health Department has recently approved a request for a 24-hour child care facility for Planet Kids in Lake Worth, opening in August. Staff prepared a map (copy attached) which identifies existing child care facilities, within a 2,000 foot radius of the proposed facility. There are currently five (5) existing child care facilities within 1,000 feet of the subject property. These facilities operate between the hours of 6:30 a.m. and 5:30 p.m. Monday through Friday. Staff's analysis indicated that there are no child care facilities within a 1,000 foot and 2,000 foot radius of the subject property. It is noted, however the Stepping Stone child care facility, which is located on SW 6th Avenue (outside of the 2,000 foot radius) currently operates until 11:00 p.m. and they have 8-12 children enrolled in a nighttime care program. The owner of the facility stated that they currently have a waiting list for enrollment in the nighttime care program as a result of the large demand for this type of service. Additional background and complete analysis of the conditional use request is found in the attached Planning and Zoning Board Staff Report of June 18, 2001. Since the Planning and Zoning Board meeting, petitions in support of and opposition to the request have been submitted and are also attached. P&Z Board Memorandum Staff Report Continued from the June 18, 2001 Meeting Conditional Use Request to Establish a 24-Hour Child Care Facility for Grammy's Place Page 2 · I The proposed conditional use is for the establishment of a 24-hour child care facility. The proposed child care center is to be located within an existing single family residence within a residential area along a City Collector Roadway (Swinton Avenue). Provided the conditions of approval specifically relating to the hours of pick-up and drop-off are met there should be no compatibility issues associated with the proposed development. Staff has identified that there is a demand for a 24-hour child care facility within the City and that this facility would meet the needs of the surrounding neighborhood. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. I A. Continue with direction. Recommend to the City Commission approval of the Conditional Use request for Grammy's Place, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend to the City Commission denial of the Conditional Use request for Grarnmy'$ Place, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility), that the proposed use have a significant detrimental effect on the stability of the neighborhood and will hinder development or redevelopment of nearby properties. I Recommend to the City Commission approval of the Conditional Use request for Gramrny's Place, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That the maximum enrollment for the child care facility be 22 children; 2. That the hours of pick-up and drop-off be limited to the hours between 6:00 a.m. and 11:00 p.m.; 3. That the height of the vinyl coated chain link fence adjacent to the proposed outdoor play area be 6' in height; P&Z Board Memorandum Staff Report Continued from the June 18, 2001 Meeting Conditional Use Request to Establish a 24-Hour Child Care Facility for Grammy's Place Page 3 4. That a hedge 4' high at time of planting be installed adjacent to the proposed vinyl coated chain link fence; 5. That a tree be planted every 25' to form a solid tree line along the north and east property lines; That the parking lot be redesigned per attached Exhibit A to accommodate the required 24' wide by 6' deep maneuvering area at the north end of the proposed dead-end parking area; 7. That a floor plan depicting the layouts of proposed beds or cots shall be provided; sand, 8. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and incorporates the concerns noted herein. Attachments: Radius Map Petitions in support of and opposition to the proposal June 18, 2001 Planning and Zoning Board Staff Report llll A T L A N T I C .~.~ ST $ E ST ?' 5 W ,/ 2ND SW '~PARK , 4TH DRUG ABU~ FOUNDA T~ON PALM BEACH C~Lf~.~F~ CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX AVENUE % $? \ ST 4TH ST S W 7TH ST · WA TER Sw s w 61H ST ST ST SE N CITY OF DELRAY BEACH, FL PLANNING &; ZONING DEPARTMENT GRAMMY'S PLACE, INC. CHILDCARE CENTERS CHILDCARE CENTERS WITHIN 1,000 FEET OF THE SUBJECT PROPERTY OUTSIDE 2,000 FEET OF THE SUBJECT PROPERTY Capoc,ty Copoc,ty 1 - ANA YOUNGER CARE YEARS ..S0 6 - STEPPINGSTONELEARNINGCENTER.62 2 - CHILDREN'S NEST ....... 45 .,% - CHILDREN'S NEST ............. 30 4.- HAPPY TIME CHILD CARE. .. 35 S.- ST PAUL'S DAY SCHOOL . . 49 -- DIGITAL L~tEE' MAP SYSTEM -- MAP REF: LM524 sStou~tlau~tc g~o~e c°~diti°ua~ ase.dOC PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 16, 2001 IV.D. Conditional Use Request to Allow a Mixed-Use Project with a Density of More Than 12 Units per Acre (16.54 units/acre) for the Atlantic Grove of West Atlantic Avenue, Development, Located on the North Side Between N.W. 3rd and N.W. 5th Avenues. FIRE STATION ND I A LANTIC GENERAL DATA: HALL COMMUNITY CENTER ~NNI5 ' SCHOOL AVENUE COUNTY 0 Owner .................................. Delray Beach Community Redevelopment Agency Agent ................................... Tim Hemandez, New Urban Atlantic Grove, LLC. Applicant .............................. Atlantic Grove Partners, LLC Location ............................... North Side of West Atlantic Avenue, between N.W. 3rd and N W. 5th Avenues Property Size ........................ 4.79 Acres Existing FLUM Designation.. General commercial & Low Density (0-5 d.u./acre) Current Zoning ..................... GC (General Commercial) & R-1-A (Single Family Residential) Adjacent Zonings ........ North: GC, CF (Community Facilities) & R-1-A East: CF & GO South: GC West: GC & CF Existing Land Use ................ Vacant Land & Commercial Proposed Land Use ............. Conditional Use Request to allow a Mixed-Use Project consisting of 55 fee-s~mple townhomes, 20 condominiums, 8,680 sq. ft of retail, 36,262 sq. ft. of office, 2,894 sq. ft. restaurant, a pool / cabana and associated parking and landscaping. Water Service ...................... n/a Sewer Service ...................... nta l "'~ i TiE M B E F O RE T H E B O A R D The action before the Board is making a recommendation to the City Commission on a Conditional Use request to allow the residential density to exceed twelve (12) units per acre for properties located in the West Atlantic Avenue Overlay District. The request is for Atlantic Grove, a proposed mixed-use development to be located north of Atlantic Avenue, between NW 3rd and NW 5th Avenues. The proposed density is 16.54 units per acre. B'ACKGROUND The CRA began assembling property for redevelopment of the North 300 and 400 Blocks of West Atlantic Avenue (Blocks 28 & 36) in 1998. After completing acquisition in 2000, it was determined that the best redevelopment scenario for the blocks was a mixed-use development. A Request for Proposals (RFP) for the project was issued on March 1,2000 with the following project description: Development of a mixed-use redevelopment project, preferably with the building on the street, with retail or restaurant(s) on the first floor and offices, hotel and/or residential above. Parking would be situated behind the building. A mid-block pedestrian access to the rear parking would also be desirable. Discussions with developers during the RFP process indicated that at least some of the proposals were going to include housing as a major component that would extend into the rear of the 300 block. In order to accommodate this type of development on the block, the CRA requested that the City initiate a FLUM amendment and rezoning to General Commercial. The City Commission approved the FLUM amendment and rezoning on December 5, 2000. The CRA received four responses to its Request for Proposals. The following is a brief description of each proposal: Centre Court of Delray Beach: The development proposal consisted of 146 rental apartments and 66,000 square feet of retail/office uses. The site plan had four 4- stow buildings fronting Atlantic Avenue, and two 4-story residential buildings fronting NW 3rd Avenue. Parking was available in two 3-level parking garages--one for use exclusively by residents, and another shared by the commercial uses and Mt. Olive church. The Racquet Club of Delray. The development proposal consisted of 85 townhouses, 35 apartments, and 24,060 sq. ft. commercial space. The site plan had two 3-story retail/residential buildings fronting Atlantic Avenue and 3-story apartmentJtownhouse buildings located at rear of the commercial building between NW 3rd and NW 4th Avenues. Parking was available in surface lots, under the mixed-use buildings, along NW 1st Street, and within the townhouse garages and driveways. Atlantic Grove: The development proposal consisted of 62 townhouses and 72,000 sq. ft. office and retail space. The site plan had two 3-story commercial buildings Planning and Zoning Board Staff Report Conditional Use Request- Atlantic Grove Page 2 fronting Atlantic Avenue and 3-story townhouses located behind the commercial building, between NW 3rd and NW 4th Avenues. Parking was available on surface lots, along the streets, and within townhouse garages and driveways. Phoenix Place: The development proposal consisted of 52 loft apartments, 46 townhouses and 29,000 sq. ft. retail/office/restaurant. The site plan had two 3-story residential/commercial buildings fronting on Atlantic Avenue and 3-story townhouses located behind the commercial building between NW 3rd and NW 4th Avenues. Parking was available in surface lots, along the streets, and within townhouse garages and driveways. Prior to the ranking the proposals, the CRA held three meetings to allow the public to learn about the proposals. At the first community meeting, held at Pompey Park on July 27, 2000, development teams presented their projects and answered questions from the CRA, the West Atlantic Redevelopment Coalition and the community. The second meeting, a joint workshop between the City Commission, the CRA Board and WARC held on August 8, 2000, provided a review of the projects by the CRA Chairman and an additional question and answer session with the development teams. The third, a public hearing, held in conjunction with a regularly scheduled CRA meeting on August 24, 2000, provided a forum for the public to bring forward their comments about the respective projects and allow for final CRA Board questions. On September 14, 2000 the CRA Board ranked the four proposals. Atlantic Grove Partners, consisting of New Urban Communities Corporation, Delray Beach Community Development Corporation and the Center for Technology, Enterprise and Development, Inc. ("TED Center"), was chosen as the number one ranked development team. In February, 2001, the CRA approved the sales contract and associated agreement to allow the proposal to go through the development review process. In April 2001, a conditional use application to allow a residential density in excess of 12 units per acre and an application for Site Plan approval were submitted for the project. On May 21, 2001, the Planning and Zoning Board continued this item at the request of the applicant. The applicant stated that additional time was needed to address comments made by the Historic Preservation Board and new marketing information. The staff report has been amended to reflect changes made to the plan. [ 'P R O J E C T D E S C R!;P T I''O.,N ~ The conditional use request involves the establishment of a mixed-use (residential/commercial) project with a residential density of 16.54 units per acre. The development proposal incorporates the following elements: · Two 3-story commercial buildings fronting on West Atlantic Avenue with 47,856 sq. ft. of retail/office/restaurant space on the ground (1st) and 2nd floors and 20 residential condominium units on the 3rd floor; · Eight 3-story buildings containing a total of 55 townhouses with two-car garages. There are 31 two bedroom units and 24 three bedroom units; Planning and Zoning Board Staff Report Conditional Use Request - Atlantic Grove Page 3 Installation of 203 off-street parking spaces located in parking lots behind the commercial buildings; · Installation of 72 on-street parking spaces on NW 3rd Avenue, NW 4th Avenue, NW 5th Avenue and NW 1st Street; · Installation of paverbrick sidewalks and street lighting to match that on West Atlantic Avenue around the corners on NW 3rd Avenue, NW 4th Avenue and NW 5th Avenue to the parking lot entrances; · A gated entry on NW 3rd Avenue for the townhomes; · A pool and cabana; and, · Abandonment of the east/west alley and a portion of the north/south alley located within Block 28 (processed as a separate application). CONDITIONAL USE~ ANALYSIS 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 following four areas. 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. With one exception noted below, the subject property has a Future Land Use Map designation of GC (General Commercial) and a zoning designation of GC (General Commercial). The zoning district is consistent with the Future Land Use Map designation. Commercial uses such as retail, offices and mixed-use residential development up to twelve (12) units per acre are permitted in the GC district. The 16.54 units per acre residential component of the project may be permitted as a Conditional Use pursuant to LDR Section 4.4.9 (G)(1)(h). It is noted that one of the subject parcels has a FLUM designation of LD (Low Density Residential 0-5 alu/acre) and is currently zoned R-1-A (Single Family Residential). The parcel is located in the rear of Block 28 and is surrounded by the Mount Olive church and parking lots. It is proposed to be developed for off-street parking. Rezoning of the property to CF (Community Facilities) and an associated Conditional Use request are currently being processed to accommodate the use. The proposed CF zoning will be consistent with the current FLUM designation. Based on the above, positive findings can be made regarding consistency of the FLUM designations and zonings. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Planning and Zoning Board Staff Report Conditional Use Request- Atlantic Grove Page 4 Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Preliminary engineering plans have been submitted and the following is noted: · Water service will be provided to the site via an 8" main that is located along the east side of NW 3rd Avenue, and an 8" main located along the north side of NWIst Street. Sewer service will be provided to the site via sewer mains that are located along the south side of NW 1st Street, along the east side of NW 4th Avenue and along the east side of NW 5th Avenue. 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 can service the proposed residential units and commercial development. Based upon the above, positive findings can be made with respect to these level of service standards. Drainage: The preliminary engineering plans indicate that drainage will be accommodated via an exfiltration system located beneath the parking lots and access drives. Exfiltration test results will be required prior to obtaining a building permit for the paving and drainage system. However, no problems are anticipated in accommodating on-site drainage in this manner. Thus, positive findings with respect to this level of service standard can be made. ~ Streets and Traffic: The subject property is located in the City's TCEA (Traffic Concurrency Exception Area), which encompasses the CBD, CBD-RC, and OSSHAD zoning districts, as well as the West Atlantic Avenue corridor. The TCEA was established in December, 1995 to aid in the revitalization of downtown, with a purpose of reducing the adverse impacts of transportation concurrency requirements on urban infill development and redevelopment. These revitalization efforts are achieved by exempting development within the TCEA from the requirements of traffic concurrency. With establishment of the TCEA, it was acknowledged that the roadways within the downtown area would experience increased congestion and operate at a lower level of service than allowed elsewhere in the City. It is also noted that if the proposed development was outside the TCEA area, the residential component would still be exempt from traffic concurrency under the Palm Beach Traffic Performance Ordinance, which provides exemptions for infill residential developments east of 1-95. While additional traffic will result from the project, it is anticipated that it will be mitigated in part by future residents finding alternative routes (via the street grid system) to avoid the congestion of Atlantic Avenue. It is also noted that construction of new housing in Planmng and Zoning Board Staff Report Conditional Use Request - Atlantic Grove Page 5 the downtown area will foster a development mix that is less auto dependent. Based on the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: Park dedication requirements do not apply for the nonresidential uses (retail/office component of the project). The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $37,500 will be required of this development for parks and recreation purposes. Based on the above, positive findings with respect to this level of service standard can be made. Solid Waste: Trash generated each year by the 8,680 sq. ft. retail space will be 44.27 tons of solid waste [8,680 sq. ft. x 10.2 lbs. = 88,536 lbs./2000 = 44.27 tons]. Trash generated each year by the 36,282 sq. ft. of office space will be 97.96 tons of solid waste [36,282 sq. ft. x 5.4 lbs.: 195,922.8 lbs/2000 - 97.96 tons]. Trash generated each year by the 2,894 sq. ft. of restaurant space will be 36.03 tons of solid waste [2,894 sq. ft. x 24.9 lbs.: 72,060.6 lbs/2000 = 36.03 tons. Trash generated each year by the 75 units will be 39 tons of solid waste [75 units x .52 tons of solid waste per year = 39 tons]. The mixed- use development will generate a total of 217.26 tons of solid waste per year. The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 7.2 pounds per day per capita for the life of the existing landfill (approximately 2021). The increased solid waste generated by this project 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 applicable objectives and policies that are relevant to the Conditional Use application (increase in density) were found: Future Land Use Element Objective A-f . Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent/and uses, and fulfills remaining land use needs. Prior to acquisition by the CRA, the property was developed and contained several commercial and residential buildings. Subsequently, the CRA demolished all of the Planning and Zoning Board Staff Report Conditional Use Request - Atlantic Grove Page 6 buildings fronting West Atlantic Avenue in the 400 block and several residential buildings fronting on the side streets in the 300 block. Only three structures remain at this time, two of which are vacant. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed- use development. There is a large 50" Strangler Fig on the property, which the applicant proposes to relocate elsewhere on the site, if feasible. The proposed development will be complimentary with surrounding land uses and provide an additional customer base for downtown businesses which provides economic stability for the area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states: One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area. The proposed Atlantic Grove project will provide 75 residential units along with retail, office and restaurant space. The mixed-use concept is consistent with the goal of accommodating a variety of uses within the downtown area, particularly those that include a residential component. The provision of commercial uses will help to increase the employment base, and the residential units will help to support existing retail, service, and restaurant uses in the area, which are still somewhat affected by a seasonal clientele. The project will help to fulfill this stated land use need, and is therefore consistent with this policy. Future Land Use Element Policy C-1.5: The following pertains to the Atlantic Avenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and NW 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment p/an. Adoption of the Redevelopment Plan represents Phase I of the redevelopment strategy for the area. Phase I/consists of an economic development strategy to be developed by the CRA, based on the Redevelopment Plan, and a market study. The economic development strategy wi//be completed by Fiscal Year 97/98. Planning and Zoning Board Staff Report Conditional Use Request - Atlantic Grove Page 7 The West Atlantic Avenue Redevelopment Plan was amended November 7, 2000 to include specific recommendations for redevelopment of the subject property. These recommendations included changing the FLUM designation and zoning on the rear half of Block 36 to General Commercial in order to accommodate a mixed-use development concept including multi-family housing. The redevelopment concept for the North 300- 400 blocks is stated as follows: It is anticipated that the blocks will be redeveloped with new structures fronting West At/antic and would be a mixture of uses, including retail, office, and residentiaL The proposed Atlantic Grove development is completely consistent with this redevelopment concept. Housing Element Objective B-2. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, #~clude: Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. This project will not be limited to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by households with children. As allowed by this policy, it is appropriate that there not be a requirement to provide 4 bedroom units and activity areas for children. Housing Element Policy B-2.6 - Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area, and Lindell/Federal Highway area (formally Redevelopment Area #6) is discouraged. The development proposal complies with this policy by meeting the critical need of providing new housing within the downtown area. Housing Objective A-12 - To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Planning and Zoning Board Staff Report Conditional Use Request- Atlantic Grove Page 8 Housing Policy A-'!2.3 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 pattems 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. This project is located in the first block off of West Atlantic Avenue. West Atlantic Avenue frontage development is predominantly commercial, recreational (tennis center) or governmental in nature. The proposed commercial/residential buildings are located between the Tennis Center and Fire Station. The townhouses are located between the Tennis Center and the Greater Mount Olive Missionary Baptist Church. The nearest residential neighborhood is located north of NW 1st Street. Once construction is complete, the development will not create any noise, odors or dust which would impact this neighborhood. While the project may add some traffic in this area, most of the traffic will utilize West Atlantic Avenue. Therefore, the impact will be negligible and will not affect the stability of the neighborhood. In terms of safety, placing a residential component in the project will likely improve the stability of the area. It will introduce more night time activity, and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity. Open Space and Recreation Element Policy A.3. f - Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown area because the City recognizes that households located in the downtown area are likely to have fewer children than those located in suburban settings; and, that there are other cultural and recreational opportunities located nearby that are not readily available to residents of suburban neighborhoods. Some of the recreational, cultural, and open space opportunities located in proximity to Atlantic Grove include: the Community Center, located 2 blocks to the east, which contains a gymnasium and instructional classes for a wide variety of leisure activities; Pompey Park, located 6 blocks to the west, which includes a large playground, athletic fields, pool and gymnasium; Veteran's Park, located eleven blocks to the east, which includes a large playground and recreational area; the Atlantic Ocean, approximately 1 mile to the east; the City's Tennis Center, adjacent to the project; Old School Square Cultural center, located 3 blocks to the east; and the Spady Museum, located 2 blocks to the west. Based on the above, it is appropriate to waive this requirement. It is noted, however, that the project does include a swimming pool and cabana for its residents. REQUIRED FINDINGS RELATED TO INCREASE IN DENSITY Pursuant to LDR Section 4.4.9(G)(1)(h), density may exceed 12 units per acre only after the approving body makes a finding that the project has substantially Planning and Zoning Board Staff Report Conditional Use Request - Atlantic Grove Page 9 complied with the performance standards listed below, the West Atlantic Avenue Redevelopment Plan, required findings of Section 2.4.5(E), and applicable standards of the Comprehensive Plan and Land Development Regulations. (1) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the facade are offset and varied. In structures having more than two stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The applicant's statement on how the project meets this standard is as follows: The development offers variation in design to add interest to the elevations and relief from the building mass in a number of ways: Two different three story townhouse models are offered within each building. The smaller unit is 33;8" deep and the larger unit is 37'-0" deep, creating an offset in each building. Four, six, eight and nine unit buildings are provided. · Two different balcony types are offered. · Varying architectural shutters are provided. · Varying window sizes and styles by floor. · Varying lengths of buildings are offered. · Dormers are provided on the third story. · Stucco and foam banding and details are provided. · Varying exterior railing · Varying exterior body and trim colors within buildings. The condominium units on the third story of the commercial buildings provide yet another distinct residential alternative. The planes of the front facade of the townhouses are varied with the end unit(s) offset by 3'-4". A wide smooth stucco base and two 6" stucco bands are provided around the building, one on the first floor and one below the windows on the 3~ floor. A raised stucco eave trim has been applied around the building, below the roof overhang. As noted in the applicant's statement, architectural features are varied on the building to visually separate the units. Although the third floor has not been stepped back, a hip roof has been utilized on the building to minimize the building height on the side elevations. The project has substantially met this standard. (2) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the Planning and Zoning Board Staff Report Conditional Use Request - Atlantic Grove Page 10 ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. This standard relates to structured parking and is not applicable to the proposed project. (3) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and fiats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The applicant's statement on how the project meets this standard is as follows: Different unit types and floor plans are provided. Two and three bedroom units are provided. End unit models will have additional windows. All townhouse units have two car garages, as required by the CRA Board. The project has a mix of 2 and 3 bedroom townhouse units. There are (24) 3 bedroom units and (31) 2-bedroom units. The (20) 2-bedroom condominium units rd are located on the 3 floor of the commercial buildings. Although floor plans have not been submitted for the condominium units, their overall size and configuration are varied. The project has met this standard. (4) The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of 9 feet or greater; extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the intent of this standard. The applicant's statement on how the project meets this standard is as follows: The interiors of the townhomes will have numerous unique features: 9'-0" ceilings are provided on all floors. Tile will be standard in foyers and kitchens and the master bath. Built in cabinetry will be provided in the kitchen and baths. The units will be constructed of concrete block and have a concrete floor system. A third floor laundry is provided. Interior units ceilings are vaulted. A walk in closet is provided in the master bedroom. A downstairs library is offered. A covered balcony is offered on the second floor, off of the great room. All units will have fire sprinklers. Planning and Zoning Board Staff Report Conditional Use Request- Atlantic Grove Page 11 Based on the applicant's statement, the project has met this standard. (5) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. The applicant's statement on how the project meets this standard is as follows: The common area includes a pool, cabana, and a gated entry gate coming into the development. An attempt will be made to relocate the large 50" Strangler Fig located on the property to a prominent location adjacent to the pool~cabana area. In addition to the above, two car garages are provided for all townhouse units. The front yards of the townhouse units include a decorative fence and landscaped entrance area. Each townhouse unit has a private entry. Since this is a mixed-use project, residents will have easy access to the commercial businesses, including restaurant(s), which will locate in the frontage buildings. The project has met this standard. (6) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape on West Atlantic Avenue. The applicant's statement on how the project meets this standard is as follows: An extensive interior and exterior sidewalk system is provided connecting residents to the surrounding streets. Pedestrian-vehicle conflicts are minimized by the use of rear loaded garages. The public streets around the site perimeter are being enhanced by the creation of ne'~¥ on-street parallel parking, sidewalks and landscaping. The project has partially met this standard. Paverbrick sidewalks are proposed around the corners from West Atlantic Avenue to the driveway entrances. Concrete sidewalks are proposed for the remainder of the project and information regarding street lighting has not been provided. The streetscape surrounding the entire project should incorporate decorative lighting, paverbrick sidewalks and landscaping to match West Atlantic Avenue. This will also fulfill the CPA's goal to continue the Atlantic Avenue streetscape improvements along the side streets. This has been attached as a condition of approval. (7) The development provides opportunities driveways, etc., with adjoining properties, spaces that may be used by the public. to shars parking, accessways, or provides additional parking Planning and Zoning Board Staff Report Conditional Use Request - Atlantic Grove Page 12 The applicant's statement on how the project meets this standard is as follows: 302 parking spaces are required for the overall development. A total of 385 parking spaces are being provided between on street, off street and garage parking, which will provide opportunities for the public to use some of the excess spaces at various points during the day. This project maximizes opportunities for shared parking. The parking lot behind the commercial buildings will be shared by the commercial uses and guests of the townhouse units. A gate will be provided through the fence to allow access to the townhouse area. The parking lots are also connected to the exterior sidewalk system which provides access to most of the units. The project also includes the construction of 72 on-street parking spaces on the roadways surrounding the project. These spaces will be available to the general public as well as guests of the residents. The project has met this standard. (8) Nonresidential ground floor space has ceilings not less than ten (10) feet in height. For buildings fronting on West Atlantic Avenue, NW 5th Avenue, or SW 5th Avenue, at least fifty percent (50%) of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The applicant's statement on how the project meets this standard is as follows: First floor non residential space has ceiling heights of 12'. Well in excess of 50% of the facade area is devoted to windows and entrances. The project has met this standard. Based on the above analysis, a positive finding can be made that the project substantially complies with the performance standards necessary to support the increase in density. It is noted however, that the Atlantic Avenue streetscape (paverbrick sidewalk system, decorative street lights, etc.,) must be installed along the slde streets adjacent to this project. 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 proposed project is located on the North 300 and 400 blocks of West Atlantic Avenue. A mixed retail/office/residential building is proposed for the frontage of both Planning and Zoning Board Staff Report Conditional Use Request - Atlantic Grove Page 13 blocks. Townhouse units will be located behind the commercial frontage building on the 300 block. The proposed residential density is 16.54 units per acre. Conditional Use approval is required for the density to exceed 12 units per acre. This area of West Atlantic Avenue contains a significant amount of governmental and community facilities, including the City Tennis Center immediately to the east, Greater Mount Olive Missionary Baptist Church complex immediately to the west and the South County Courthouse, across Atlantic Avenue to the south. Immediately north of the project is single-family residential development and a proposed church. These uses are compatible with the proposed project. Pursuant to LDR Section 4.4.9(G)(1)(h), any residential development within the overlay district exceeding 12 du/acre must substantially comply with the listed performance standards. These standards are in place to ensure that the increased density does not have a negative impact on the quality of the project or the surrounding area. The additional density sought for this project is 4.54 units per acre and equates to 21 additional units. The design of the project is such that the higher intensity mixed-use buildings are confined to the West Atlantic Avenue frontage and the townhouses are placed in the rear. The townhouse units are oriented with the front entrances facing the street and the garages facing the interior of the project. The residential character of the street will be enhanced by the provision of decorative fencing, landscaping, and sidewalks that connect the units to the public sidewalk. This arrangement puts a better face on the project and makes the statement that the project is part of the community. On-street parking spaces will be provided surrounding the project for guests of the residents as well as the general public. In terms of safety, orienting the townhouses in this manner will introduce more night time activity, and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity. The project as a whole will have a very positive impact on neighborhood stability. Atlantic Grove is the first major private redevelopment project on West Atlantic Avenue. As such, it makes the statement that the area has finally "arrived" and private investment is on the way. This will have a very positive impact on the redevelopment potential of the entire corridor. Based on the above, positive findings can be made that the proposed use will not have an adverse impact on the surrounding area or hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a site plan and building elevations were submitted which were reviewed by staff. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of plans and site inspections, the following analysis is provided. Parking Requirements: The development proposal includes 55 townhouse units, 20 condominium units, 8,680 sq. ft. of retail space, 36,282 sq. ft. of office space and 2,894 sq. ft. of restaurant space. Planning and Zoning Board Staff Report Conditional Use Request- Atlantic Grove Page 14 The parking requirements for a mixed-use project located in the West Atlantic Overlay District are calculated as follows: Step 1: The base parking requirements for each use in the project are determined individually. These are shown in the following table: Base Parking Requirements Use Parking Requirement Spaces Required Residential Units (55) Townhouse units 2 spaces per unit 110.0 (20) Condo Units 2 spaces per unit 40.0 Guest Parking Units 1-20 5 per unit 10 0 Units 21-50 3 per unit 9.0 Umts 51-75 .2 per unit 5.0 Total 24.0 Retail Space 8,680 sq ff 1 space per 300 sq. ff. 28.93 Office Space 36,282 sq ft 1 space per 300 sq. ft. 120.94 Restaurant Space 2,894 sq. ft. 6 spaces per 1,000 sq. ft. 17.36 Step 2: Pursuant to LDR Section 4.6.9(C)(8)(a) Shared Parking, the minimum parking requirement for buildings in the GC district which contain both residential and commercial uses is determined by the peak parking demand period. The peak demand period for the Atlantic Grove project is 9:00 AM to 4:00 PM. The applicable percentage demand for each use during that time period is 60% for residential, 70% for the commercial/retail, 100% for the offices, and 50% for the restaurant. These percentages are applied to the base requirements for each use in the project as follows: Mixed-Use Shared Parkin.cl Reauirements Use Base Requirement % Shared Requirement Residential 64 60% 38 4 (Condos & Guests) Retail Space 28.93 70% 20.25 Office Space 120.94 100% 120 94 Restaurant 17.36 50% 8.68 Sub-Total 189 Townhouses Garages (not shared) I 110 Total Parking RequirementI 299 The total number of parking spaces required is 299. The project provides 313 spaces on-site and 72 spaces on street. Although the on-street spaces cannot be counted Planning and Zoning Board Staff Report Conditional Use Request - Atlantic Grove Page 15 toward meeting the parking requirement, the on-site spaces meet the parking requirement. Parking for the residents of the townhouse units is provided in attached 2-car garages which are located in the interior of the project. Access to this area is secured by a gated entry on NW 3rd Avenue. Guest Parking is provided on-street and in the off-street parking lots shared with the mixed-use buildings. Parkinq Lot Desi,qn: The design of the parking lot behind the commercial building on the 300 block has two access points to NW 4th Avenue. To minimized pedestrian conflicts, the northern driveway entrance should be eliminated and the circulation internalized. Although 6 on- site spaces will be lost, the parking requirements for the project will still be met. This change will also allow the addition of 3 on-street spaces and negate the need for an additional handica3ped space. The final result will be a net loss of only 2 spaces. Compact Parkinq: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The proposal includes 56 compact parking spaces located throughout project. This represents 18.7% of the total required parking spaces and meets the requirement. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. This code covers the commercial part of the mixed-use project, but does not cover residential structures. The three commercial parking lots contain a total of 203 spaces which would require 7 handicapped spaces. However, elimination of one of the access drives, as discussed above, will reduce the parking to 197 spaces. With this change, only 6 handicapped accessible spaces will be required and 6 have been provided. --- On-Street Parking Although not counted toward meeting the parking requirements for the project, an additional 72 (75 with elimination of a driveway entrance) public parking spaces are being provided by the developer along the adjacent roadways. Although available to the general public, these spaces will help meet the shorter term parking requirements of residents, guests and commercial customers of the project. A maximum time limit of two hours during the daytime should be imposed by the City to prevent long term parking. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), parking lots that contain between 21 and 50 parking spaces must provide a stacking distance of 20' between a right-of-way and the Planning and Zoning Board Staff Report Conditional Use Request - Atlantic Grove Page 16 first parking space or aisle way. Parking lots over 50 spaces must provide 50' of stacking. The applicant will seek a waiver to this requirement during site plan review. The two parking lots immediately behind the commercial buildings each have more that 50 spaces. Within the first 50' of stacking area, potential conflicts exists with the first 4 to 5 parking spaces on each side of the aisle. Since there are two driveways into each parking lot, increasing the stacking distance to 50' is not necessary and would eliminate 34 parking spaces. Similarly, provision of 20' of stacking in the rear lot would eliminate 2 sparking spaces. Parking is at a premium in and around the downtown area, and it would be beneficial to the area for this project to meet all of its parking demands on site. It is also noted that the stacking distances from West Atlantic Avenue to the first on- street parking spaces are minimal and will need to be approved by the City Engineer. Lighting: A lighting plan has not been submitted at this time. A photometric plan is required as a part of the site plan review submittal. Right-of-Way Dedication: Per LDR Section 5.3.1 right-of-way dedications to meet minimum standards must be made with all developments, unless a waiver is granted. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for NW 3rd and 5th Avenues is 60' and only 40' currently exists. For existing streets where the right-of-way does not meet the minimums, reductions may be granted by the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG). The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that the existing right-of-way width of 40' is sufficient, given the proposed easement dedications for the sidewalk on NW 5th Avenue and the sidewalk & parking on NW 3rd Avenue. The existing 50' right-of-way widths for NW 4th Avenue and NWIst Street have been determined to be adequate and will accommodate the proposed streetscape improvements. Sidewalks: Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required within the rights-of- way adjacent to the properties. Sidewalks will be constructed along NW 3rd, 4th and 5th Avenues as well as NW 1st Street adjacent to the development. The sidewalks located along NW 3rd and NW 5th Avenue will be constructed on the subject property adjacent to the right-of-way. This configuration is proposed as the right-of-way width is only 40' and on-street parking spaces are being created. The applicant must provide sidewalk easement agreements for public use of the sidewalk. This item has been attached as a condition of approval. Building Setbacks: The front setback in the GC district is 10'. Pursuant to LDR Section 4.3.4(H)(4), Structures Allowed in Setbacks, house eaves, not to exceed a 3' overhang, are allowed in the setback area. This provision also apply to exterior balconies on the building. The Planning and Zoning Board Staff Report Conditional Use Request - Atlantic Grove Page 17 balconies for units 36 and 41 extend 4' into the front setback. This encroachment must be reduced to 3' or a variance for the additional encroachment approved by the Historic Preservation Board. Several 3rd floor balconies and roof overhangs for the residential units in the commercial buildings project 3'-6" into the front setback. The buildings must be moved 6" to the north to eliminate the additional encroachment. Plat Required: The east-west and a portion of the north-south alleyway in Block 28 will have to be abandoned to accommodate the development as planned. The subject property is required to be platted as the units are for fee simple ownership and abandonment and replacement easements will be required for utilities. As a condition of approval, the plat must be recorded prior to issuance of building permits. REVIEW BY OTHERS Community Redevelopment Agency (CRA) The CRA reviewed the conditional use request at its meeting of June 28, 2001, and recommended approval. West Atlantic Avenue Redevelopment Coalition (WARC) WARC reviewed the conditional use request at its meeting of July 11, 2001, and recommended approval. Downtown Development Authority (DDA) The DDA reviewed the conditional use request at its meeting of May 16, 2001 and made comments that the streetscape on the side streets be consistent with that on West Atlantic Avenue and that signage, also consistent with that on Atlantic Avenue, be installed to provide direction to the parking areas in the rear. The Board recommended approval. The Board reviewed the project again at its meeting of June 20, 2001 and added the comment that conduit and electrical outlets be installed on the side streets to allow for the addition of twinkle lights. Historic Preservation Board (HPB): The HPB reviewed the conditional use request at its meeting of July 11, 2001, and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zomng Board Staff Report Conditional Use Request- Atlantic Grove Page 18 Courtesy Notice: Courtesy notices have been provided to the following groups which have requested notice of developments in their areas: · PROD- Progressive Residents of Delray · West Settlers Historic Homeowners Association · Delray Merchants Association · Chamber of Commerce · Presidents Council Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONC~LUSION The proposed conditional use is to allow for a density over 12 units per acre within the West Atlantic Avenue Overlay District. As described in this staff report, the conditional use is supported as the project substantially complies with the performance standards in LDR Section 4.4.9(G)(1)(h). The project's combination of mixed-use development on the West Atlantic Avenue frontage and housing in the rear will help in the long term revitalization of the corridor. The proposed use is consistent with the West Atlantic Avenue Redevelopment Plan, the goals, objectives and policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed development with surrounding properties. It is noted that pursuant to Section 4.4.9(G)(1)(h), despite the fact that the project meets the performance standards, the Board may deny the application for increased density if it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. However, based upon the analysis contained in this report, the project will be compatible with the surrounding land uses and the proposed density increase of 4.54 units per acre is appropriate. AAL T E R*N A T:! V E A CrT ! O,N S Continue with direction. Recommend approval of the Conditional Use request to allow a density over 12 units per acre (16.54 units per acre) for Atlantic Grove, based upon positive findings with respect to LDR Section 4.4.9(G)(1)(h) (Performance Standards for Density), Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, the West Atlantic Avenue Redevelopment Plan, and the Goals, Objectives and Policies of the Comprehensive Plan, subject to conditions. Recommend denial of the Conditional Use request for Atlantic Grove based upon a failure to made positive findings with respect to LDR Section 4.4.9(G)(1)(h) (Performance Standards for Density), and Section 2.4.5(E)(5) (Required Findings for Conditional Use), in that the project is incompatible in terms of building mass and intensity of use with surrounding development. Planning and Zoning Board Staff Report Conditional Use Request- Atlantic Grove Page 19 R E C O M M E'N:~D E D A C T I O N Recommend approval of the request for Conditional Use to allow a density over 12 units per acre (16.54 units per acre) within the West Atlantic Avenue Overlay District for Atlantic Grove, based upon positive findings with respect to LDR Section 4.4.9(G)(1)(h) (Performance Standards for Density), Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, the West Atlantic Avenue Redevelopment Plan, and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the following r, or~ditions: 1. Approval of a site plan and elevations by HPB that are in general conformance to the plans submitted for Conditional Use Approval. Site plan technical items included in this report and comments by the DDA and HPB must be addressed with the submittal for site plan approval; 2. That an easement agreement be executed for the public sidewalk that is to be located on the subject property along NW 5th Avenue; 3. That an easement agreement be executed for the public sidewalk and parking that are to be located on the subject property along NW 3rd Avenue; 4. That paverbrick sidewalks, lighting landscaping and streetscape elements matching that on West Atlantic Avenue be installed adjacent to the project on the surrounding roadways on the 300 block. The paverbrick sidewalk must also be continued adjacent to the Mount Olive Church parcel on Block 36 to maintain continuity; 5. That rezoning of the property for the rear parking lot to CF (Community Facilities) and a conditional use be processed and approved by the City Commission; 6. That the east-west and portion of the north-south alleys in Block 28 be abandoned; and, 7. That the development be platted and that no building permits be issued until the plat is recorded. Attachments' · Reduced S~te Plan · Reduced Building Elevations · Reduced Engineering Plan · Reduced Landscape Plans s:\planmng & zoning\boards\p&z board\atlantic grove conditional use revfsed.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM q.C - REGULAR MEETING OF ,IULY 24, 2001 RATIFICATION OF APPROVAL/CITY POLICY FOR NEIGHBORHOOD TRAFFIC CALMING DATE: JULY 20, 2001 This item is before Commission for approval of a City Policy for Neighborhood Traffic Calming. At the July 17~h Commission Workshop staff presented a policy and guidelines for instituting traffic calming within neighborhoods throughout the City. It was the consensus of the Commission to proceed with this plan. Recommend approval of the proposed Neighborhood Traffic Calming Policy & Guidelines as presented by staff. Ref.'Agmemo 10.TrafficCalmingPolicy.07.24.01 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.E. Deputy Director of Utilitl~~ July 20, 2001 TRAFFIC CALMING POLICY Attached is an Agenda Request as well as a copy of the proposed "Neighborhood Traffic Calming Policy and Guidelines". The proposed policy incorporates the modifications to the draft policy review by City Commission at the July 17, 2001 Workshop meeting. Based on the direction of Commission at the Workshop meeting, please place the item on the July 24, 2001 Agenda for adoption by City Commission. CDB/cdb CC: Richard C. Hasko, P.E., Director of Environmental Services Randall Krejcarek, P.E., City Engineer City Clerk Agenda File ~IESSRVOO21DEP~4RTMENTS~EngAdmtn~tra~/~c calmtng~4genda memo doc City of ~el~uy ~euc~ I00 N~I 1'~ ~ve~ue City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines Index Topic Introduction Definitions Objectives Policies Process Phases of Traffic Calming Study Ranking Projects Design Criteria Project Financing Project Selection Project Implementation Project Evaluation Removal of Traffic Calming Measures Traffic Calming Measures Page 3 4 5 5 6 7 7 9 10 10 10 11 11 11 S'~EngAdmin~traffic calming~calmingpolicy doc 2 City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines Introduction Traffic calming presents a new dimension when discussing the use of public rights-of- way. The goals of traditional transportation improvements have focused on capacity, speed and safety. While these are still concerns another dimension is often added, that being the dimension of maintaining or restoring the "livability" of a neighborhood. This new dimension is what is referred to as "traffic calming". Traffic calming has many names, traffic mitigation, neighborhood traffic management, and neighborhood traffic control to name a few. The City of Delray Beach will use the Institute of Transportation Engineers (ITE) definition for traffic calming, which is: "Traffic calming is the combination of mainly physical measures that reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized street users."~ The major difference between traffic calming measures and other forms of traffic control devices, such as stop signs and speed limit signs, which require enforcement, is that calming measures are self-enforcing. Also, traffic calming should rely on the laws of physics rather than human psychology to slow traffic. Although certain features along the rights-of-way such as street trees and other streetscaping may be intended to aid in calming traffic, there is no evidence indicating that these features directly induce drivers to slow down. Finally, route modifications, such as street closures and walling off communities are considered to be outside the realm of traffic calming since these modifications imply that public streets are now private, when in fact they still are public rights-of-way. The City of Delray Beach is committed to ensure the overall safety and livability of residential neighborhoods. One way to meet this commitment is through a collaboration of City staff, residents and other agencies in an effort to minimize the impact of traffic on neighborhoods. The City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines provides a process for identifying and addressing problems related to speeding, excessive volumes, and safety on neighborhood streets. This Traffic Calming Policy and Guidelines will put into practice the objectives and policies contained in the Transportation Element of the City of Delray Beach Comprehensive Plan. These include: Special attention shall be paid to documented high accident areas, and specific activities shall be undertaken to reduce their occurrence. Travelways, which are primarily used by residents (local streets), shall receive special attention in order to assure that they remain accessible to residents and provide for easy traffic flow. "Traffic Calming: State of the Practice", USDOT, FHWA Office of Safety Research and Development and Office of Human Environment; prepared by Institute of Transportation Engineers, 1999. S:tEngAdmin~traffic calrning~calmingpolicy, doc 3 City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines Efforts shall be made to limit excessive through-traffic and nonresidential traffic on local roads within neighborhoods. Where a problem such as traffic is specifically identified, it should be addressed through the utilization of traffic calming measures, such as roundabouts, medians, and speed humps. In short, this policy provides a procedure to consider, evaluate, and implement requests for traffic calming measures within the City of Delray Beach. Definitions 1) 85th Percentile Speed - that speed at which 85% of the free flowing vehicles are traveling at or below. 2) Arterial Street - a heavily traveled street of considerable continuity used primarily as a main traffic artery. Ideally, an arterial street would have restricted access and provide a high degree of mobility and continuity. See Figure A 3) Collector Street - any two or four lane street which links an arterial street with another collector street of local street. See Figure A 4) Defined Neighborhood Boundaries - the boundary of the problem area, which may cross traditional neighborhood boundaries. Emergency & Evacuation Routes - routes identified, usually with a classification of a collector or above, that are identified as key routes for emergency response. See Figure B. 6) Local Street - any two lane street with a primary purpose of providing direct access to abutting residential properties. 7) Residential Cut-Through Traffic - traffic which uses local or collector streets to travel through a residential neighborhood without having an origin or destination within the neighborhood. 8) Speed Study - a study using equipment to measure, collect, and statistically analyze the speeds of vehicles. 9) Traffic Calming Measure - an element of a traffic calming plan selected from among those devices authorized herein for use within the city. 10) Traffic Calming Study- an appraisal of traffic conditions and the development of a plan for implementing one or more traffic calming devices in a residential neighborhood. S:tEngAdmln~traffic calming~calrningpolicy, doc 4 City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines 11) Traffic Count - a manual or automated count of the number of vehicles traversing a particular street in a given time period. Objectives The overall objects of the Traffic Calming Policy and Guidelines are derived from the existing objectives and policies contained in the Transportation Element of the Comprehensive plan mentioned earlier. The overall objectives include: 1) Maintain and/or improve neighborhood livability by mitigating the impact of vehicular traffic on residential neighborhoods. 2) Promote safe and attractive streets that maintain and/or improve the quality of life in neighborhoods. 3) Promote conditions that provide safe neighborhoods for motorists, bicyclists, pedestrians and residents of the neighborhood while maintaining access to the neighborhood. 4) Encourage citizen involvement in all phases of neighborhood traffic calming activities. 5) Make efficient use of City resoumes by prioritizing traffic calming requests. 6) Support the policies contained in the Transportation Element of the Comprehensive plan. Policies The following policies are established as part of the Neighborhood Traffic Calming Policy and Guidelines: 1) Through traffic should be encouraged to use higher classification streets (i.e. collector and arterial streets), as designated in the Transportation Element of the City of Delray Beach Comprehensive Plan. 2) Traffic may be re-routed from one street to another of equal classification as a result of a neighborhood traffic-calming project, if and only if the end result is a more equal distribution of the traffic volumes. However shifting a traffic problem from one street to another or one neighborhood to another is not an acceptable alternative. 3) Reduce the average speed of motor vehicles within neighborhoods. S:~EngAdmm~traffic calmin¢calmingpolicy, doc 5 City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines 4) Implement cost-effective measures for solving identified traffic problem(s). 5) Improve real and perceived safety for non-motorized users of the rights-of-way. 6) Reasonable emergency vehicle ingress/egress must be preserved. 7) Reasonable automobile access should be maintained. Calming measures implemented should encourage and enhance pedestrian and bicycle access to and throughout defined neighborhood. 8) Any local residential street can qualify to have calming measures implemented. Collector streets will be considered on a case by case basis. Arterial streets will not be considered for traffic calming measures. Street classification is designated in the Transportation Element of the Comprehensive plan. See Figure A 9) The City shall employ traffic calming measures to achieve the objectives identified in this document. Traffic calming measures include, but are not limited to those measures listed in Section X. The City Engineer shall direct the design and installation of all calming measures along with the traffic control devices (signs, markings, etc.) as needed to accomplish the project, in compliance with the municipal code. 10) In processing and implementing traffic calming requests, certain procedures should be followed by the City to ensure that_applicable codes and related policies are adhered to, and that projects are within the limits of available resources. At a minimum, the procedures shall provide for submittal of project proposals; project evaluation and selection; citizen participation; and communication of any findings related to the proposed project. All projects shall receive input from area residents and affected organizations, and appropriate City Commission approval before installation of permanent traffic calming devices. Process I. Project Requests and Initiation of Traffic Calming Study Requests for a traffic calming study, which are usually volume and speed related, can be requested through one of the following: 1) Homeowners Association, 2) Public Safety, or 3) City staff. 1) Homeowners Association - a study may be initiated upon receipt by the city manager of a petition signed by at least one member of sixty-six percent (66%) of the households facing the block(s) of the street on which the Traffic Calming Study is requested. A block shall consist of every developed property having S:~EngAdmin~traffic calming~calrningpolicy, doc 6 City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines frontage on the street to be studied between successive intersecting streets. A typical Traffic Calming Petition shall include, at a minimum, a description of the street or streets which are to be included in the calming study and the signature of at least 66% of the residents living on those street(s). Non-public safety project requests shall require an application fee of $100.00. 2) Public Safety or City Staff- a study may be initiated because of an identified public safety issue. I1. Phases of Traffic Calming Study Before any neighborhood traffic problem, whether real or perceived, can be addressed, it must be understood. The following outlines the various phases involved in a traffic calming study. 1) Citizen Meeting - All Traffic Calming Studies shall begin with an open meeting, organized by Community Improvement Department, to which all potentially affected residents are invited. An overview of what traffic calming is, what it is intended to do and what criteria are used in selecting traffic calming devices and location(s) will be discussed, as well as an opportunity for residents to provide comments. Staff will work to define neighborhood boundaries. 2) Data Collection Phase - Once the defined neighborhood is identified, appropriate "before" data will be collected. Data collection strategies will be discussed to determine the appropriate type of data to be collected as well as length and dates of collection. Data collection before any measures are implemented also serves as a comparison to "after" data to determine the effectiveness of the traffic calming measures. Table 1 lists typical data that could be collected for each defined neighborhood. If additional data is needed for a defined neighborhood, the appropriate study will be conducted to supplement the above information. III. Ranking of Project(s) A rating system, see TABLE 2, will be utilized in order to enable competing local street traffic calming projects to be ranked in relation to the anticipated benefit. Similarly a rating system, see TABLE 3, will be utilized in order to enable competing local collector street traffic calming projects to be ranked in relation to the anticipated benefit. If multiple projects are competing for traffic calming funds, ranking will be based on total points and project cost. Traffic calming projects must score a minimum of 30 points in order to be considered for implementation. S'tEngAdmm~traffic calming~calmingpolicy, doc 7 City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines TABLE 1 TRAFFIC STUDIES STUDY TYPE PURPOSE METHOD Speed Counts Determine speed Mechanical Hose counts Volume Counts Determine volume Mechanical Hose counts Screenline Counts Determine total vehicles Mechanical Hose counts traveling into and out of neighborhood Crash Reports Determine nature of Review crash reports reported crashes Origin-Desbnation Survey Distinguish local from Two screenlines or manual non-local traffic recording Pedestrian Crossing Survey Determine frequency and Manual recording of time between location of pedestnan vehicle arrivals during given time crossing period Intersection Turning Movement Determine source and Manual counts Counts destination of drivers using streets Vehicle Classification Survey Determine percentage of Mechanical Hose counts vehicles that are cars, trucks, buses, etc. Parking Survey Determine how streets Manual survey of parking and parking lots are inventory and ublization utilized during day Street Classification Determine street From Comprehensive Plan classification Posted Speed Limits Use as basis Taken from posted speed Physical Street Data Determine lane width, Field measurements etc. Community Facilities Inventory Emergency & Evacuation Routes Truck Routes Speed and volume usually precipitate the request for traffic calming within a neighborhood. Traffic crashes are added as extra points because a crash problem usually coincides with higher volumes and speed. Residential density also affects general traffic conditions. For example, higher densities tend to generate more pedestrian and vehicle turn movements. In addition, projects on higher density streets tend to benefit more people than projects on lower density streets. The other criteria, sidewalks, school crossings, and pedestrian generators, are important considerations because they relate to pedestrian safety. TABLE 2 S'~EngAdmin~traffic calming~calmmgpolicy, doc 8 City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines PROJECT POINT ASSIGNMENT LOCAL STREETS CRITERIA POINTS BASIS Speed (85TM %tile) 0 to 40 10 pts for every 5 mph over posted speed limit Volume 0 to 40 ADT divided by 100 No Sidewalks 0 to 10 5 pts if no continuous sidewalk, 5 pts ~f signs of heavy pedestrian traffic w/out sidewalks Traffic Crashes 0 or 5 1 pt for each crash/year at one location School Crossing 0 or 5 5 pts if children must cross street to get to school Total Points Possible 100 TABLE 3 PROJECT POINT ASSIGNMENT COLLECTOR STREETS CRITERIA POINTS BASIS Speed (85TM %tile) 0 to 30 5 pts for every 5 mph over posted speed limit Volume 0 to 25 5 pts for every 1,000 ADT on any one street Traffic Crashes 0 to 15 1 pt for every 2 crash/year at one location No Sidewalks 0 or 10 5 pts if no continuous sidewalk, 5 pts if signs of heavy pedestrian traffic w/out sidewalks Residential Density 0 to 5 1 pt for every 100 dwelling units/mile School Crossing 0 or 5 5 pts if children must cross street to get to school Pedestrian Generators 0 or 5 5 pts if pedestrian generator Transit Availability 0 or 5 5 pts if not on transit route Total Points Possible 100 IV. Basic Traffic Calming Design Criteria As stated earlier traffic calming measures are self-enforcing physical features in the design of the roadway which effectively change the design speed. The neighborhood will be instrumental in the development of traffic calming plans to tailor the design to area characteristics. The design of traffic calming measures must, however, be undertaken using due diligence and responsible engineering judgement of the responsible designer. The following criteria shall be used as design guidelines for those projects meeting the criteria set in Section III above. 1) 2) 3) The posted speed may not be more than thirty (30) miles per hour. Limited to streets having only one lane of through traffic in each direction. Streets must not be primary emergency or evacuation routes. S:~EngAdmtnitraffic calmlng~calmingpolicy, doc ~) City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines 4) 5) 6) At the discretion of the City Engineer, certain traffic calming measures may not be used if they would create an unsafe condition for motorists driving at normal speeds under average driving conditions. Streets must not be through truck routes unless an acceptable alternative route is identified and approved. If a calming plan could divert more than five percent (5%) of the traffic to another local or Collector Street, such street shall also be considered for traffic calming. V. Project Financing The ultimate factor regarding the implementation of traffic calming projects will be the availability of funding. Funding sources include the annual capital improvement program, special assessments, or federal or local grants. VI. Project Selection Projects scoring a minimum of thirty (30) points will be ranked and be presented to the City Commission for approval. Projects approved by the City Commission will still need to be compete for funding as part of the regular Capital Improvement Program (CIP) annual process. Several factors will be considered when deciding whether to fund a traffic calming project. The factors include size and complexity of calming project, timing with other infrastructure improvements, and availability of funds. VII. Project Implementation Only after a calming project is funded will the design phases begin. The following is a guideline to use when trying to determine when construction on a calming project will begin: Project Petition-To-Study Preliminary Review Priority Ranking Funding? Survey, Design, Review Meetings Construction Ongoing Within 3 months of request Within 3 months of preliminary review Yes-continue No-wait until ~unding available 6-9 months 3-6 months VIII. Project Evaluation Approximately six (6) months after the traffic calming project is completed additional data will be collected and compared to the "before" data. The purpose of comparing "after" data to "before" data is to evaluate the effects of the project. If any unacceptable impacts are identified, corrective measures may be taken. S:~EngAdmm~traffic calming~calmmgpolicy, doc ! 0 City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines IX. Removal of Traffic Calming Measures Traffic calming measures can be removed after the evaluation period for any of the following reasons: 1. Emergency response is significantly impacted. 2. The identified traffic problem that the calming measures were to eliminate is transferred to another adjacent street or neighborhood. 3. At least 75% of the property owners within the defined neighborhood sign a petition to remove the calming measures. (This option will result in complete removal of all measures and all residents within the defined neighborhood will be assessed for the removal of the calming measures.) X. Traffic Calming Measures Roundabouts: A raised circular structure constructed in an intersection designed to deflect the flow of traffic entering the intersection in a counter-clock-wise direction around the circle. The objectives of roundabouts are to slow traffic and reduce the number and severity of crashes. Roundabouts are designed to accommodate all sizes of vehicles. These features address vehicle speeds and may discourage cut-through traffic. Semi-Diverter: Islands installed on the ingress side of the street in which entry is being prohibited. Vehicles are still allowed to exit from this street but entrance is prohibited. This feature discourages (actually prohibits) cut-through traffic. Mid-Block Islands: Islands constructed mid-block in the center of the roadway separating driving lanes and may reduce lane widths. The objectives of mid- block islands are to slow traffic and reduce the number and severity of crashes. These features address vehicle speeds and may discourage cut-through traffic. Splitter Islands: These are treatments that may provide landscaping and physical channelization to lanes at the entrances to the neighborhood. The objectives of splitter islands are to slow traffic and discourage cut-through traffic. Roadway Narrowing: These treatments reduce the width of pavement while maintaining two- way traffic. Landscaping planted in conjunction with the narrowing may further enhance the feature and impact driver behavior by reinforcing the impression that the pavement area is limited. The objectives of roadway narrowing are to slow traffic and reduce the number and severity of crashes. These features address vehicle speeds and may discourage cut-through traffic. S'~EngAdmin~traffic calmlng~calmingpolicy, doc ! ! City of Delray Beach Neighborhood Traffic Calming Policy and Guidelines Forced Turn Islands: The installation of raised islands at the approach to an intersection prohibits vehicles from making certain movements. The objectives are to slow traffic, reduce the number and severity of crashes, and prohibit certain turning movements. Chicanes: This feature changes the alignment of the roadway so that the street is not straight. This eliminates driver tendencies to accelerate on a straight street and may add beautification opportunities without significantly impacting emergency services. Two-way traffic and full access for larger vehicles and emergency services is maintained. The objective is to slow traffic. These features address vehicle speeds and may discourage cut-through traffic. Neighborhood Signs: may be included at the entrance(s) to the neighborhood to advise motorists that the area is "traffic calmed". This may eliminate or reduce the use of other warning signs within the neighborhood, at the discretion of the City Engineer. These signs discourage cut-through traffic. Speed Humps: Street pavement can be raised and the surface treated; the physical change in the roadway may slow vehicles. Speed humps shall not be used on roadways designated as primary access routes. The objective is to slow traffic and reduce the number and severity of crashes. These features address vehicle speeds and may discourage cut-through traffic. Speed Tables: A type of speed hump with a fiat top that may also be used as a raised pedestrian crossing area. They are generally three to four inches high, have a six-foot sloped approach, with a ten-foot top, and a six-foot sloped departure profile. The objective is to slow traffic and reduce the number and severity of crashes. These features address vehicle speeds, increase visibility for pedestrians and may discourage cut-through traffic Raised Intersections: A raised intersection involves the construction of the entire intersection 3" to 4" above the approaching streets. The intersection is typically constructed of a different material type or the approaches are of different material to indicate a change at the intersection. The objectives are to slow traffic and reduce the number and severity of crashes. Raised intersections are designed to accommodate all sizes of vehicles. These features address vehicle speeds and may discourage cut- through traffic. S:~EngAdrnmltraffic calmlng~calmingpolicy, doc 12 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM o//.. _ REGULAR MEETING OF JULY 24, 2001 APPOINTMENTS TO THE EDUCATION BOARD DATE: JULY 20, 2001 The terms for Greta Britt, Maflene Brown, Lynda Hunter, Jayne King and Sheldon Weft will expire on July 31, 2001. Ms. Brown, Ms. Hunter and Ms. King were appointed to fill unexpired terms. Ms. Britt and Mr. Weil have both served one (1) full consecutive term. All are eligible and would like to be considered for reappointment. Also, with the automatic removal of Stephanie Stewart on March 21, 2001 (letter attached), this also creates a vacancy to fill her term, which will also expire on july 31, 2001. Attendance records are attached. The terms are for two years, ending July 31, 2003. Members of the Education Board must be residents of, own property, own a business or be an officer, director or manager of a business located within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following have submitted applications and would like to be considered for appointment. Greta Britt Marlene Brown Gerald Franciosa Philip Friedman Lynda Hunter Jayne King (incumbent) (incumbent) Cmc~mbent) (incumbent) Diafie Richard-Allerdyce Sharron Ronco Jeffrey Silberstein Jean Sylvia Sheldon Weil (incumbent) A check to confirm that all are registered voters was completed. Also, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4) respectively. Recommend appointment of six (6) regular members to the Education Board with terms ending July 31, 2003. [x~adcow, rm~on an~n~.educa~m J.24.01 [lTV aF DELRRV BEi:I£H 1993 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 March 21, 2001 ,Stepl~e 1~ Stewart 4663 N. W. 6~ Court Delray each, Flodda Re: Notice of Removal from the Education Board Dear Ms. Stewart, A review of the attendance records for the Education Board indicates you have been absent for three consecutive regular meetings. Pursuant to Ordinance No. 19-95, enacted April 4, 1995, failure to attend three (3) consecutive regular meetings is defined as abandonment of office and requires automatic removal from the committee effective immediately. Enclosed is a copy of the above ordinance for your review. Please note that you may request reappointment to the Board at any time. If you ~ish to be so considered, please forward your request to the City Manager and your name ~ be included with other potential appointees when the City Commission fills the vacant position. Your past service on the Education Board is greatly appreciated. Sincerely, David T. Har~en City Manager DTH/pw En~. Commissioner Perlman Janet Meeks, Education Board Representative Patrida Warren, Board Liaison THE EFFORT ALWAYS MATTERS 993 Norg: This .,pplica~oa ~ submincc~ Ir will be IRECEIVED JUL I 2 2001 OITY CLERK RESUME GRETA BRITT 867 Sunflowe.c Ave., Delray Beach, FL 33445 Pt'.one: (561) 495-1614 A position with an organization where education, experience, and abilities in the areas of COUNSELING, tN~H4ICATION, and AD~INISTRATXONwould be of value. 1990-90 New Xozk Institu~ of Technology, Boca Raton, FL Attended one semester towards M.S. Degree. 1988-89 l~omarHairstylingAcademy, Boynton Beach, FL Degree: Diplcma in Cosmetology. Awards: First place in hair show and an "A" student. License: State of Florida Board of Cosmetology. 1984-88 J&~kson State University, Jackson, MS Degree: B.S. in Psychology. Standing: Top 1/4 and graduated Cum Laude. Awards: who's Who Among Studehts In American Colleges and Universities, Certificate of Academic Achievement in Computer Science, Dean's List Scholar, National Dean's List Scholar, National Collegiate Education Award, Scholastic AllAmerican ~ard, Outstanding Young Women of America, : and Psi Chi National Honor Society. Research: Paper was accepted for presentation at the Mississippi Psychological Association. Manuscript was accepted for publication in the Jackson State University Researcher. Activities: M~nnber of: Psychology Club, Mississippi Psychological Association, Association for Computing Machinery, Young Volunteers in Action, and Bowling League. Captain of: Bowling Team. Britt Page 2 1981-84 Callawax High$~ool, Jackson, MS Degree: [,lploma~ Standing: Top 1/4 and graduated with Bonors. Awards: Bonor Roll, High Honor Roll, Star Student. Activities: PZember of: Band, Choir, ROTC, and JA Ireasurer of: Band. Counseling, Accounting, Computer, and Coa-,~unication. 1994-Present ~ o£ The Bz-:L~ Houoehold i993-94 Flo=icLm Atlant/o ~niversit~, Boca Raton, FL Progra/n Coordinator. I was responsible for implementing programs designed to reinforce basic academic areas and overall well being of at-risk minority students in middle and high schools across Palm Beach County. I also managed a staff of 10 with a budget of $57,000+. 1993-93 FloridaAtlmntic Univexiit-~, Boca Raton, FL FrogramAssistant. I assisted the Program Coordinator. I was responsible for assembling information for the program, planning and overseeing the Saturday Master Program, contacting schools, supervising the Tutor/Mentor Program, assisting Parent Work- Shops and Bi-Az, nual Course Assessment, and other .administrative duties. 1990-92 National Coun=~ on ~ensat/on ~ns~an~, Boca Raton, FL Customer Service Representative. I was responsible for processing workers compensation applications. This job entailed, answering phone inquiries, talking and working with =he insured, the agents, and the state, responding to correspondence, and binding or rejecting applications to carriers. Britt Page 3 1989-90 1986~87 Burdines Sm/on, Boynton Beach, FL Hairstylist. I was responsible for serving the public with the latest styles and techniques in hair care. I created and designed hair styles, ~erformed all types of chemical services, greeted customers, answered phone, scheduled appointments, handled money transactions, sold retail, open and closed store, proofed and balanced cash register, and trained new employees. WJSU, Jackson State University, Jackson, MS Radio Announcer. I was an on the air personality responsible for keeping the public informed of upcoming events, programs, news, weather, time, announcemants, advertisements, playing diverse music, and closing the station. 1984-86 l~m~hat~an~ea1%h Care ~ent~.=, Jackson, MS Counselor. I was responsible for observing and evaluating patients, planning and organizing group therapy, coordinating and supervising daily activities. Available upon request. cmTY OF ,t.m Y BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 2. Home Address: 3. Legal Residence 4. Principal Business Address: 5. Home Ph, one:, (.~L;/) ,/-.//q ~-~/{ ~' 6. What Board(s) are you .interested in serving? City Business Phone: ( ) State State Zip Code Zip Code Zip Code 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) Educational qualifications: List any related professional certifications and licenses which you hold:' 10. Give your present, or most recent employer, and position: 11. ~s~ri~ ex~riences, skills or ~owlMge which q~li~ you to ~e on ~is ~d: ~i~ a~ch a brief~sum~) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment ! may receive. '),,, r ,co .,./RECEIVED S]ONATt~Z 0 FEB I 0 2000 DATE CaTV ~m ~:~' Note: This application will remain on file i~/hi= Ciff Ul~r'E"s'Office for a period of 2 years fi.om the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. : I:~R-S,alt FA:( Ii0. : 5612660745 Jul. .:."7 _?or'_K3 ~: -':'TAH P1 BOARD MEMBER APPLICATION l~hd(Uc lrutial I Zip Code 7, I. is~ all Cit~ 8osrdm on ~hlch you are ~firr~n'ily's~'~dng ar have I~Vtously served: fPl,~.~ ira. Iud, Ua) . l~ducatio~al quqificati/ms: .~ff. 92 Lig~_any rel,~tod prof~i~on~l gertif'u}ntio~ and U~ which you ho~: 10. Giye your ~'or m~ ~t emptor. ~ posig~ , _ ~ ......... ~ . J · mf~c;~ement of matedal fa~s conteined m this eppl~atio~ may ~use ~i~ upon my pa~ J of an epp~ntmen~ Z ~y retire. J Not~ 'his app~c~o~ ~li ~ o~ffl= ~te Ci~ ~te it ~ subbed 1~ w~l be ~ a~ha~'s ~s~nsi~i~ W ~ ~ a e~m ~ca~on is ~ file. JUL 2 7 2000 CITY CLERK BOARD MEMBER APPLICATION 1993 Please t~ or print the following infomx~on: 2. m~ 3. ~g~ ~~: 4. P~dp~ B~ess A~s: 5. ~me Phone: B~s Phone: ~ Phope: E-~ A~ss: F~: I 10. ~ ~ ~ pmfes~o~ ~fi~ ~d ~s w~ ~ hol& 12. De~ ~~s,~ m ~~e ~. Note: This application w~l rem~u on file in the City Clerk's Office for a period of 2 years from the date it was ,~bmitted. It wal be the applicant's req~mibility to insure that a current application is on file. RECEIVED APR 2 3 2001 CITY CLERK O?/Oe/O! FRI 07:40 FAX S$! 243 3??4 CITY CLERK BOARD MEMBER APPLICATION 1993 2001 ! I~oo~ Phsc t/pc or Ff~nt the ~olJ~n~ 2. Home Ada,,-~: - C.i /' State Zip Code 3. ~ l~,Mence:./ C-,it7 / St,t~ Zi~ Code 4. l:~ncipnl Busings Addt'es$: City Surge Zip Code 5. Howe Phone: Business Phon~.. F..M~ Address: Cell Phone:. Fax: Ate you ~ t'e. gistet~ vote. 7. What Bos~s) ~ ~x~ inter, rodin serving. Phse list in ~clet of i~eFe~en~. 10. List ~ny tThted professional Certifications and licenses vhich you iiolcl:- ~he~~y t~at ~II theClbove stntunmts [~['[~ ~[t~ iI~ljll.~r]~ understsfld tbs! srry misstatement oFmsterisl / Not~' 'lttis ~[~plication will ~ on file , Ot~c~ fo~ s l~riod of 2 ],m:s fz. om thc dzte it ~ submitted. It will be the ~pplicsnt's tesponsibiliry to ensute thst si current ~pplif:stion is on file- Lynda S. H~.er 561-272-6430 Youth Services Librarian / Youth Outreach Coordinator SUMMARY OF QUALIFICATIONS Experienced in all areas of children's programming, including in-house library programming for children fix)m ages one to twelve y~ars of age. Responsible for the creation of special interest programming for childr~ of elementary school age, including scimce, mystery and history clubs. Initiated a citywide Summer outreach program designed to reach childrm in camps and dayeare centers who are unable to take advantage of the public library. Experienced in writing grants for the purpose of funding programs and free books,for children in need. Responsible for all outreach visits to schools and various daycare centers during the school year. To promote reading and equal educational oppommities for all Dekay Beach residents. 19g6-Present Pro_~mnmg ]:,ducation EXPERIENCE Youth Services Librarian, Dekay Beach Public Library Writ~ and deliver five programs weekly for library patrons, including music, stories, original visual aids and puppets. Create Summer reading programs that consist of literattLre based activities on a daily basis for children nor enrolled in specific activities. Create programming and organize site schedule for the "Book Caravan". This Summer outreach program runs for six weeks and delivers original programs and free books to children in the city. ~ee the Library Card Sign-up Program. The goal of this program is to see every child in the city own a library card. Conceptualized and designed the "Cultural Capsule for an exchange project with our sister city. Creating a special program for the Delray Beach Cultural Alliance inthe cnmtion of a Summer endeavor for at-risk Children. B.A., Education, University of Pennsylvania 1969, M.F.A., University of Pennsylvania 1970. Doctorate Program, Temple University, Philadelphia Pennsylvania, 1971. Former Chair, Florida Public Library Association, Youth Services Division. Member, Florida for Youth Services. Member, Florida Library Association. School Advisory Council member, Delray Full Service Cemer, Plumosa Elementary Scho$l. Member, Delray Beach Cultural Alliance. 0E:/2~/2000 "0:24 561-E,~"/5802 ''t~ilF, MILLER ~JG/24 / 21~Oa 19: 5~t ~E, 1 -4~J$1 $14 CTTY CLm~ ._.___ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION AUG 2 5 2000 CITY CLERK i ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 199~ Pi~Ise ~ype or prat d~e foUowi~ i~d~ormadon: i-I. ~ N~e::~ .... . ! N~e .......... I H~te ].~t 'l ! 9. List any relined professional Ce~it~c~ions ~d li~n~s wnicn you nold~ - - J~t'r'r~.l~ i-.'~[1~[V-/~c(' ~ . _ ~ he.by ce~i~ ~et afl the above s~atemen~ are tme, eno z agree and unde~ta~d that any misstatement of material fa~s ~n~ained In this appli~tion may ~u~ ~eitum u~n my pa~ oFany app~lntmen~ I may ~ceive. RECEIVED JUN 2000 CIW ~LERK. I Note' ~s ~p]ication ~!1 ~a~ on file in ~e Ci~ CI~ s O~e'..[ n ~od of 2 y~ ~m ~he date it w~ ' .,~;t,.~ T, ~!1 ~ ~e an~lic~t'~ ~ibi~ty to ~ ~ a c~t ~Uc~doa is o~ fde. . _ Ph.D.'Im~~ the Univm~o~ltloti~(~ 1~). l)imlttatiom: '"/~Po~of Anaisi~nn: ALsmnian View' d0~ctntbyEll~RaSlmsl.Sulttvan. PhiBmKappt ' M.A.(19~3)andB.A(19[2)inY.,n~h'lSrum. Piorid~AllnnticUniv~dty. Tbii~: 'SaMtyandlnmnityln Two Novels by William F~' dir~ttsl~ .lulian C. it~ t, Jndel'~t'mds~e Award: tmme~ P,. Williams Award f~w Sd~sst~ ~ ~ p~,&~:~tC,~mmm/~. (~.Sou~ Bomltston, lqodda. Ad~m:ttSunmm~ IMS-.I~O). ~:w~f.r mujA~; ~ LJUran~ 1 & 11. tMM~.n, (~, (kbnsvUk, t*kdat TMdinS AMass (l~t~..U. Ganlx, mi(m l& n: Advan~ E.q~ti~n. W~ CsmdOns.~ C/,,'d,'n,, C,',,;,,,,,d~.F'dAM*~.O o/.{Sc:,c,,, Ad,o,,. h P. fto~ Fl,i'i,,b (Z~31,n,J'm). P.,diliou, Educ, tbou md,~r 8nd ,,,c ; '°Z ~ F~*~ Ired f~ Dimmaam: Arab l~m'$ BdSpOme t0 D. K Iasmm~' D. ~. ~ ~ ~. 1-3 (1~$ ~ 199~ 197-~26. (PvblM~ 1~97). 'Jbm'b~ d~ CXba': {miividnnJ CboMh md SocM C3mnf~ in the Women. t, Mm, s md p. oo.~ Mo~- jrf, mi,,b~ l.m,& 14.1 (Sprin~ 1994): 57-66. Cmldve Wridor: 62.2 (SIm~ 19'9'/): 16'/-'10. ,hue Gdiop's R,,~E~Lacm ltb~ New York: Cemdl ~~ l~S. b A"d'.'~r~r d'fP~f Ff'ndhm Jrb~M L2 (l~'h:~ Dura. Ii. Mii]~r md Ni~ ]9~..1940" (]vf~ l~) in Colnadx~ Ohio. ) '{Irau,Ji~ orEvesk, ninlhel:XsM o(Am~l,~n:'rlKmmndNow.' 1994 bsunmfiaud~~(~ 1994)in Vamoouver, _n,,,.,., Am,x::mJo~ Ammd ),4,.inj (Apu3 l~i) in Chi~. nlmois. · ~tabi~nf Co]or: 'rbe C, oq~ Acamib~to Alkz WJlL-e~.' Populm'~ ~~~ ~ Amml )bai~ 04ar,:b l~l)m 'Amisl%Bo','P(wicPom': Sd,veni~tbeMdc (hT.e.' P(yubrCulu~~~~~AmmllWmia O, brcb 1~,0) in Tof~Br~o. 'lix.Commmdc:mon and the Politics or(Pml"essimal) F, miziouiz~.' ~ ~ & Dbaxmt C, onMw~_ (M~ 1~9) m ~ ~ U~ m ~, ~o. Puma'peat: ! 993 1,~ .~ Semif, tr. 'Ct~ Aud'r~ YU'q, eaives on ~b~ {vfmftmi~ Trad~on,' direct~ by DaMel R. Scbwar~ ComeJl Ufdvga3ity. June 14-,hdy 30. 1993. Dek. pte: AXg~ F(x'm~ mF. mmq)ie~'T~ SinP~. C:mlifm'Ma..I~M~ ~. BEACH CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 ?le~se type or pr~ the fol]ow~ ~om~on: 2. ]"T~:x'ne A~: ~/-., .,-,,., ~=~dp~ ~~ ~s: 6. ~ y~ a ~Fred V~er? ~ so, whffe ~ y~ ~rM? 7. ~ ~d(s) ~ ~~ ~ ' 8. ~ ~ ~& on ~ich you m : 11. ~ y~ p~n~ or moa ~ ~pl~, 12. ~ ~mm, ~ or ~~e ~& ~~ m m~ ~ ~ ~ ~1~ ~eh a brief ~e) ...... ' ..................... Note: This app~k:ntion w~ remain on ~e in the City C2e~t's O~ce for a period of 2 years from the date it ~ sub~ h w~] be t~e applicant's responsfbility to ensure tl~t a ~ app]~:ation is on gle. RECEIVED HAY 0 9 200f CITY CLERK · SHARRONL. RONCO (. 2740 N. Clearbrook Circle Delray Beach, FL 33445 Res. (S61) 274-3S$3 Ofc. ($61) 297-2665 sronco~fau.edu EDUCATION P~,D, Major: 1987 University or North Texas Denton, TX Educational Research Sc Statistics Minor: Computer Science Dissertation: Computation and Cumulation of Effect Sizes in Mm-Analysis M.S. 1976 University of Wisconsin-Milwsukee Major: Curriculum and Instruction B.A. 1972 Marquette University Majors: Spanish and Secondary Education EXPE~CE FLORIDA ATLANTIC UNIVERSIT~ Assistant Provost Office of Institutional Effectiveness nd Aaslysis Boca Raton, FL 1997 to present · Manage the reporting function of the University;, collecting, anal~ing, interpreting and disseminating information to support institutional plannhg, policy formulation and decision- making. · Publish Fact Book, Quick Facts Brochure, Retention Data, Productivity Analysis, and other regular data reports. · Conduct studies on enrollment trends, student retention snd progression, needs analysis, and other institutional research as needed. · Design, conduct and analyze data from surveys of students and faculty. · Support academic and nonacademic units in assessing their effectiveness. · Co.hair Self-Study for Reaffirmation of Accreditation from SACS UNIVERSITY OF TEXAS AT EL PASO Director, Office of Institutional Studies E! Paso, Texts 1990 to 1997 · Prepared regular internal reports on student majors, semester credit hours, faculty workloads and grade distribution. · Completed reports on students, classes, faculty course and facilities inventories, degrees conferred, end of semester enrollments and academic skills program tracidng to the Texas Higher Education Coordinating Board. · Published 16S-page Fact Book annually. · Responded to questionnaires, answered requests for information. · Reported on performance measures to the UT-System and State of Texas. · Provided detailed retention and graduation data to departments and colleges. · Supplied information and data for strategic planning; set target performance indicators and evaluated against actual performance and external benchmarks. Sharron L. Ronco - page 2 · Provided regular feedback to high schools and community college on the performance of their students at the University. · Maintained institutional databases to include historical data on students, courses, faculty, facilities, and financial aid using data extrscted from the Student Information System and gathered on surveys. ~urvevs Developed and administered survey iastnoaents, managed data collection, a~e~, interpreted and disseminated resul~ for: · Entering students · Enrolled students (College Experiences Survey) · Exiting and non-returning students ·: Graduating seniors · Faculty Studies · Effect ofhigh school course-taking patterns on college achievement. · Patterns and correlates ofstopout behavior. · Comparison of college math acMevement ofstudents lransf~i,lng fi'eshman-level math courses fi'om the community college, with that of kmtive' students. · Impact of employment and semester credit hours attempted on first-sem~,'ter GPA. · Outcomes of come-based remediation in math and English. · Faculty perceptions of the importance of research vs. undergraduate teaching. · Characteristics and performance oftransfer students. · Predictability of SAT and high school rank on freshman GPA. · Campus space utilization. · Appl/cation of Alexander Astin's input variable retention formula to data on incoming students. · Studies of faculty salaries for gender equity, internal comparability, compression and competitiveness. · Progression on first-time freshmen and transfer students from University of Texas component institutions through Texas public higher education, ming the statew/de data base. EXPERIENCE- COIiP. X3E TEACHING PSYC 3104 (Research Methods and Statistics) 1992- 1997. The section was offered primarily for UTEP bachelor's degree-seeking nursing students who were wo~ing full-time at area hospitals and unable to take the daytime UTEP course. It was an introductory undergraduate course covering descriptive and inferential statistics up through two-factor ANOVA. Students used a version of SYSTAT to analyze data that they collected via surveys. · Sharron L. Ronco - page 3 U.S. Department of Education, Office for Civil Rights, Postsecondary Education Division Dallas, Texas 1977-1990 During my 12 years with tAe Department of Education, I worked as an investigator, technical assistant (1977-1985) and branch chief(1986-1990): · Inve~igated complaints and conducted ~nnpliance reviews in colleges and universities; prepared inve~t/gativc plans, conducted on-site visits, wrote reports and letters of findings, negotiated compliance. Made presentations of findings to governing boards, parent and student groups, community and special inter~ groups, the media. · Monitored and evaluated Oklahoma and Texas State Sy~em of Higher Education desegregation plans, pursuant to a F~deral district court order. Visited instimfiom to gather data on student enrollment and retention, faculty and staff employment, in order to evaluate States' progress under the order. Performed trend analysis ofstatewide enrollment pattern~; compared workforce composition to appropriate labor market availability data; designed : forma~s for interviews and data collection, set up spr?-~a~heets to analyze effectiveness of · Responsible for supervising the work of four investigators and one clerk. Assigned investigators to cases, irained them in techniques for monitoring, secured resources for reviews; coordinated schedules and arranged workloads to allow deadlines to be met; established performance standards and evaluated staff; conducted training for staff in methods of data analysis. Other Employment Wisconsin State Department of Industry, Labor and Human Relations (1975-77) Employment counselor, advocate for migrant workers S.E.R..lobs for Progress (1974-75) Coordinator for English as a Second Language programs, teacher. Madrid and Barcelona, Spain (1970-73) Language instructor, translator/interpreter. Special Skills Mainframe and PC SAS, SPSS-X PC-based database, spreadsheet and word processing software Bilingual (Spanish). Professional memberships Association for Institutional Research (AIR) 1991 - present Presenter: 1992, 1994, 1995, 1996, 1997, 1999, 2000 Member: AIR Forum Publications Advisory Commlttoe, 1996 - present Texas Association for Institutional Research (TAIR) 1991-1997 Presenter: 1992, 1993, 1995, 1996 Program Committee: 1993, 1994, 1995, 1996 Sharron L. Ronco - page 4 Southern Association for Institutional Research (SAIR) 1997- present Presenter: 1997, 1998, 1999 Program Committee: 1998 Amc'ge, an Educational ~h Association (AERA) 1983 - present Other Professional Activities Peer reviewer for NASA: Evaluate and score proposals for funding ofmath, science and engineering programs, 1995 and 1996. Evaluation Committee Chair for the Quality Education for Minorities (QEIV0 Network, Washington, D.C., 1992-1994. Evaluation Task Force Member for the University of Texas System Alliance for Minority Participation (AMP), 1993 - 1997. Research delegate to the NSF-funded Recruitment and Retention Project for Math and Science, with 12 participating institutions, 1992 - 1996. RECENT PAPERS & PRESENTATIONS Finding the 'Start Line' with an institutional effectiveness inventory (with Stephanie Brown). Paper presented at the 2000 Annual Forum of the Association for Institutional Research, Cincinnati, OH. How important is residential living to college success on a predominantly commuter campus? Presentation at the 1999 Southern Association for Institutional Research Conference, Deconstructing the student assessment of instruction instrument: Some psychometric issues. Paper presented at the 1998 Southern Association for In.~titutional Research Conference, Savannah, GA, and at the 1999 Annual Forum of the Association for Institutional Research, Seattle, WA. Advanced Data'Analysis. Half-day wo~shop presented at the Texas Association for Institutional Research Annual Conference, February 1997, South Padre Island, TX. Topics covered included descriptive statistics, significance testing, ANOVA, logistic regression, survival analysis and cluster analysis. Using high school transcript analysis to understand college outcomes. (May, 1996). Paper presented at the Annual Forum of the Association for Institutional Research, Albuquerque, NM. How enrollment ends: Analy~dng the correlates of student graduation, transfer snd dropout with competing risks model. (May, 1995). Paper presented at the Annual Forum ofthc Association for Institutional Research, Boston, MA. Published in the AIR Professional File, Summer, 1996. .~ Sharron L. Ronco - pase $ Obtaining student feedback: Some practical advice for survey researchers. (February, 1995). Paper presented at the Annual Conference of the Texas Association for In~tutional Research, San Antonio, TX. Meandering way:. Studying student stopout with survival anal~is. (May, 1994). Paper presented at the Annual Forum of the Association for Institutional Research, New Great expectations: What we've learned form students entering college. (October, 1993). Paper presented at the mmual meeting of the Rocky Mountain Education Research Association, Getting started with survival analysis: An application to retention data. (February, 1993). ]~est Ire_~onaI vat)er, Texas Associ~on for Institutional Research annual meeting, College · Station, TX. Outcomes of course-based remediafion 1989-1991. (November, 1992). Paper presented at the Conference on Academic Support Programs, Fort Worth, TX. Enhancing academic success: A bilingual freshman year. (May, 1992). Paper presented m the Annual Forum of the Association for Institutional Research, Atlanta, GA. Retention rates: The search for meaning. (February, 1992). Paper presented m the Texas Association for Institutional Research annual meeting, Galveston, TX. 199:, CITY OF DELRAY BEACH BOARD MEMBER APPLICATION JEFFREY SILBERSTEIN, PRINCIPAL EDUCATION: Pre· Irmitme and Clark UnjversJ~, Architemnl Degree Harv.~d Universi~, Graduate School of Desigu, June, 1989 Harvard UnJversJr~ Graduate School of I)esigu, July, 1996 CERTIFICATION: P. egistered Architect: Florida EXPERIENCE: Sflbemein Arc,acts was founded in 1990. We are · small ~ with · reputmion for fnflovatJve design and delivering projects wMfin budget end on sebedule. This is evident as we continue to work with repeat clienu and referrals generated by our reputation. Our success evolves as we assist clients in defining project goals well before suggesting solutions. · process that creates · full undermnding of objectives before u-insformetion into reali~,. As principa! of the fn'n~ JeiYrey Silbemein is widely recoguiz~! for his design achievements. Wheth~ a hrge in.uJn~ona! con,lex ~ · small irnerJ~ renovation, l~. Silbcmein's designs are ric~ end simple. 2effrey Silberstein's cornmJunent to quality, end his patience in achieving the bes~ poss~Je designs ere evident in the ·uny awards he hs · won. His solutions, which se~nn obvious end simple, we the result of diligent effort. ..~Mr. Silberstein has practiced architecture, both nmionally md internationally for over :20 . yams wiLh a list of .pr?mi·ant an:hi,actual firms end projects to his credit. He las been associated with many building tl~pes, including educ~ion~ f~cilifies, office buildings, interior office end reside·riel renovations, museums, art plleries, religious facilities, residences, mixed - use developments end commercial projects. The American Institute of' Architects hs singled several of these commissions om for spechJ bo·ors. Mr. Silbentein has served as, · guest writer far the ~ Arehftocu~ Comervency ~d The Palm Beech Pon, · critic member of the Works of Art Comm~ ofthe Boca Pawn Museum of'Art, a member of Junior Achievement end on the Boca Rtton Camrnuni~ Redevelopment Agency Tar, k Force on Tbs Grace Commission. lAST OF PRO~i~CTS: Bocs BJton Communi~ Higb SebooL Science AddMon and Muter Pin, Boca lmon, Fl. AIA Award for ezcellence in Design lrlorlch Atlantic Unh, erslt),, College ofF. duc~on, Boca lmon, FL Hunt Eiementsry School, Corel Sprinr, s, FL Harm Conserytto~, Boca J~on, FL Temple Isrsel brl~ Cltiidbood, West Pabn Beach, FL Ail. Stsr Acodemy .e, Sports Comp, Debty Beach, FL Temple Bet £met brly Childhood and Grndes 1,2 d~3, Cooper ¢~, FL MUSEUMS: Museum of'Modern Art, Seoul, South Korea. AIA Award for F..xeelience In Design. The GtlJery Center, Boca Pdton, FI. .M orlktmi Museum, Deb'q, Beach, FI. :SPECIALTY PROJECTS: West Re, ions1 Courthouse, PhnmtioG, FI. B'nui Torah Congr~atJon, Boca Riton, FL Temple brnel, West Palm Beach, FL Boca Riton Mausoleum, Boca ~ FL Temple Bet £met, Cooper Ci~, FL (Current) Temple brnel, West Palm Be~..h, FI. (Currem) LIST OF PROJECTS: OFFICE BUILDINGS: Bank of Nova Scotia, Ctncao, Netherlands Antilles Presidential Circle, Hollywood, Fl. Winner of'many d~Jgn swards. Trammel Crow Corporate Headqurtm.s, Boca l~on, Fl. WJ~f'K Studios, Boca Ra~ofl, FL AIA Award for Excellence in Design. NCNB Btnk, Boca Itaton, Fl. Over SO0,O00.O0 square of' office space planning for Henderson l~lentu] Heal~ Center. V/R Grace, Trammel Crow, Gampel Orr, ani22tion, Panther J~. nd other corporate clients. Spectrum Office Park: Two Phase 4~,000 s.f Office BuildinL Pt Lauderdale, FL Sirs Inc., Defray Beach. Fl. Silberstein ArchJtects~ Delray Beach, FI. AIA Award for £zcelJence in Destsn, 2000. t COMMERCIAL/RETAIL PROJECTS: Hertz Service and Rental FacJlit~y, Windsor Locks, Cormecticut. AIA Award Boca Valley Shopping Center, Boca Rston, Fl. Key West F. sprosso & Ice Cream, Key West, FL Lfttlnnn Jewelers, Bomire, Netherlands Antilles. l,Jttlnan*s At The Plaza, Bonair~ Netherhnds Antilles Littman's, Bormire, Netherlands Antilles Peppercoru's Care, Key West, Fl. LIST OF PROJECTS: HOTELS & RESORTS: Paradise Vfbge Tulip Hotel, Curacao, Ne~berlnds Anu*lles Resort, Bonaire, Netherlands Antilles Avlla Beach Resort, Curacao, Netherlands Antilles MIXED USE PROJECTS: Union Station, Hartford, ConnectJcm P/neapple Place, Delta? Beach, Fl. One YounE Circle Condominium Tower, Hollywood Beach, Fl. Sirs Office and Rettil Complex, Delray Beach, FI. ~INT£RIOR ARCHJT£CTURE: Becket Residence, Bo~a Ra~on, FI. A,I.A. Award 1999 Foghl Residence, Bona'ire Netherlands Ant~lJes. AJ.4 Awtrd 199'; A~as'dy ResMence, Boca Raton, Fi. Kauev Residence, Bomb'e, Netherlands Anu*lJes Green Residence, Boca Raton, FJofid- Simon & Simon Low Offices, Delny Beach. Florida WJ-MK Studios, Boca Raton, FL AIA Award for ExeelJenee in Design. d LIST OF PROJECTS: Custom Homes: Custom Homes Wycilfl' Country Club: Custom Homes Governor's Walk, Deb-ay Beach, H. ( Current ) Neal's Market, Delra¥ Be. ach, Fl. ( C'uzTen! ) Clark Residence, Les Jardins, Boca gatork FI. Hakkenberg Residence, Bonaire, Netherlands Antilles Featured hz Caribbean World Magazine Fo~ht Residence I, ltonab'e, Nelberlands Antilles AIA Award of Honor For l)esl~n Folht Residence II, Chicqo, Illinois (Curt'cng) Rlchman Resideuce, l:)elru~ lkactt, Florida % .' Liflman Residence, ltona~, Netherhnds Antilles Kat2fv Residence, Bo~tt~, Netherlands Antilles Gardenia Pbce Tow~bouse Communit},, Landerda]e By'i'ne Sea, FI. One Young Circle Condominium Tower, Holl~,ood ~ FL Andrews Residence, Ocean RidGe, Florida Andrew's Residence Il, Ocean Ridge, Flor:uh (curt'eh!) TJcktin Residence, Ft Lauderdale, Fl. (current) SchlJcht Residence, Boca Raton, FL (curren0 LIST OF RESIDENTIAL PROJECTS CONTINUED RESID£NTIAL: LtssJter Residence. Bcmah'e, Netberhnds Antilles Botmtn ResJdenc~ Bonfire. Netherlands Antilles £pst~ Residence. Web'ton, Florida Gr~, 'n Residence. Boca J~o1% Florida PinetppJe lace. ~:)elra~, Belch, i:k~da ScbmJer Residence. Delrue, Beach. Florida (cun~nt) Ctribbesn Blue Condominiums, BonsJre. Ne~h~hnds Antilles ( CuTen! ) DEIJ~A_ Y_ BEACH BOARD MEMBER APPLICATION 1993 Please type or print the followin~ infomlafiom State Zip Code 3. Legal Residence: Cky State Zip Code 4. Principal Business Address: C_~ty State Zip Code ['5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. hre¥ouarel~Isteredvoter?/ v pA ]DI,,~ Ifso, whereare¥ouregistered?r~, ~., - 8. List all city Boards on which you are currently serving or have previously serve& Please include dates) 9. Educational qualillcations: I0. List any related professional certifications and licenses which you hold: 1 I. Give y. our present, or most recent employer, md.position: 12. Describe experiences, skis or knowledge which qualify you to set, re on this board: Please atT~ a brief resume) I hereby ~erti~y that all the above statements ~ ~{ ~=F-~nd understand that any misstatement of material {acts contains'in,/--,this application may cause foffektire--u~-o~-d~/p~'t o~ any appointment I may receive. - r CITY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~'TT'YCLERK~I~OARD~PPLI CATI ON Jean Sylvia 1050 B North Dr. Delray Beach, Florida 33445 ( 561 ) 265-0799 Birth Date 11/8/40 Sex Female Occupation Retired Widow Brief Background History Big Chief Lewis Real Estate Sunrise Highway Massapequa, N.Y. 1966-1972 Position: Salesperson By Lou Real Estate 4905 Sunrise Highway Massapequa, N.Y. 1972-1979 Position: Owner/Broker Treasury Hotel/Casino Flamingo Rd. Las Vegas, Nv. Position: Dealer 1979-1982 Alladin Hotel/Casino Las Vegas Blvd. Las Vegas, Nv. Position: Dealer 1982-1985 Riviera Hotel/Casino Las Vegas, Nv. Position: Floorperson 1985-1999 Secura Electric Contracting Las Vegas, Nv. Position: President 1986-1992 Secura General Contracting Secura Wholesale Las Vegas, Nv. Las Vegas, Nv. 1985-1992 1985-1992 Position: President President I took a leave from The casino ~ndus~ry fo~ a few years To get actively involved in the family construct]on businesses, we did both residential and commercial business. Memberships 1991-1979, Nassau County DemocraTic C£u~, District Lea~er: was actively involved in local, state and national elections 1968, founded, Massapequa against Drugs, a wal~-ln drug ceunceling center. 1970-1979, Massapequa Chamber of Commerce 1966-1979, Long IslAND Board of Realtors would be happy to supply more information if you need u?;u5,O,l 'I'ET, I 14:12 FAX SSI. ,~.S3 3'1'74 ('ITt' ~ BOARD MEMBER APPLICATION 2OO1 5. l-Iom~,;Phone: Business ?booc Zip 10. ]../st shy r~lat~d pro£e~sion~l certificalion~ snd lken~es v'hich you hold: This apphcafon ~'i!l :¢mah~ on file ~ die ~ Cl~k's Officc fo~ a l~tiod of 2 years flow fl~¢ date it~as .ubmittecl It will b= thc: applic3.nt"s s'e~c~ JV~thszs cu~:~! applit.~go: is on file. JUL 1 0 2001 CITY CLERK MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM qG - REGULAR MEETING OF JULY 24, 2001 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD DATE: JULY 20, 2001 The terms for Shane Ames, Tony Keller and Gaff Lee McDermott will expire on August 31, 2001. Mr. Keller has served two full successive terms and is not ehgable for reappomtment. Mr. Ames was appointed March 1998 to fill an unexpired term and reappointed August 1999 to serve one full term, and Ms. McDermott has served one full term, both are ehgible and would like to be considered for an addittonal term. Attendance records are attached. The term is for two (2) years ending August 31, 2003 To qualify for appointment, a person shall either be a resident of, own property, own a business or be an officer, director or manager of a business located within the City. In addition, the Cxty Comrmssion shall appoint professxonal members from the fields of architecture, landscape arcbatecture, history, architectural history, licensed contractor farmliar with restoranon, planning, archaeology, or other historic preservation related fields such as design, urban planning, American studies, American cxvihzation or cultural geography. Laypersons of knowledge, experience and judgment having an interest m tustoric preservation shall compose the balance of the Board. Further, preference should be gnven to professional and lay persons who own property w~thin historic districts or whose property is individually listed in the Local Register of Historic Places. A check to confirm that all are regastered voters was completed. Also, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made by Commissioner Levmson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schrmdt (Seat #5). Recommend appointment of three (3) regular members to the H~storic Preservation Board for a two (2) year term ending August 31, 2003. boardcomrmssmn memo hpb 7 24 Ol Applicants to the Historic Preservation Board The following individuals have submitted applications for consideration: Owns property within a historic district: Shane Ames Thuy T. Shutt Jeffrey Silberstein Other applicants: Bonnie (La Vonne) Ansbacher John C. W. Bennett Christopher J. Brown Gloria Elliott Philip Friedman Leslie B. Horenburger James C. Keavney Ga. il Lee McDermott Richard J. Mullen Jillian M. Woehlkens (incumbent) (Planner) (Architect) (Interior Design) (also applied for SPRAB) (also applied for Delray Housing and Education Board) (Architect) (also applied for SPRAB) (Osceola Park Neighborhood Association) (incumbent) (Architect) Applicants to the Historic Preservation Board The following individuals have submitted applications for consideration: Owns property within a historic district: Shane Ames Thuy T. Shutt Jeffrey Silberstein Other applicants: Bonnie (La Vonne) Ansbacher John C. W. Bennett Christopher J. Brown Gloria Elliott Philip Friedman Leslie B. Horenburger James C. Keavney Gail Lee McDermott Richard J. Mullen Jillian M. Woehlkens (incumbent) (Planner) (Architect) (Interior Design) (also applied for SPRAB) (Architect) (also applied for SPRAB) (Osceola Park Neighborhood Association) (incumbent) (Architect) i TI.'E 15 00 FAX $61 243 3774 CITY CLERK [~002 07/10/01 : . DELRAY BEACH 1993 2001 3. l.ega3 Residence: Ptincip~d Bmh~ess Address: City State State MI. Code Zip Code Z~p Code $. Home Phorse: [ Business Phone: [ E-Ma/1 Address: Cell Phone:~ [ F~x: " 6. ~e you a ~r~d voter? y~? If so, wh~e gc.,you r,~st~cd~~ ~ ~ 7, ~ Bc,~d(s)~ you mt~e~d ~ ~? Please~Eder ~f~refe~ce: '8. List ail City Bo~r&~ on currently scnfr3g' or have previously served: (Please include dates) AO, Li ay rehted professional certifications and licenses which you hold: 11. Give. your presen_t, or most recent employer, and position: D~escxibe experiences, ski/is or-knowledge which qualify you to serve on this board, (Please attach a brief resumc) ,.'.~: //-a.z',/ ~ 15',.- Z,:~ y~,~S ~'~ ~a,o',~Z ( b-'--: :.,.~-,: : IU.{ ? ,_ ~n~.al-Uj/~his a[~. i _cation may cause forfeiture upon my part of any appointment I may rcccivc, F~is application wi]/remain ora iii.e, in the City Cterk's OSfice 5or a period of 2 yeaxs from the c~e it was submitted. It will be the applicant s responsibi]i~ to es~s~e that a current application is on file ~'ITYCI.&.g~ ~ gOA R ~\^ PPLI OATION WE WELCOME YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL Shane Ames, multi-talented, creative and a Florida licensed Designer and Architect, formed Ames Design Intemational in 1985 with his business partner, Maria Dechantsreiter. The firm has enjoyed t~emendous success ever since, contributing apprbximately a bilb'on dollars to the industry via the construction of luxurious, single family homes. We were involved in the documented renovation of a historic house located in the PROFESSIONAL HISTORIC PARK DlffTRI~, Del-Ida Park in Delray Beach, Florida. This gem became the home of our new offices in December 1996. Once completed, it was included in the Delray Beach Historic Society Homes tour. Shane Ames specializes in very high-end custom designed residences.. His work has been featured in most of the leading architectural magazines such as FLORIDA ARCHITECTURE, UNIQUE HOMES and PROFESSIONAL BUll.DER, just to name a few. One of the models he designed, "THE WESTBAY," won five awards at the coveted "Pinnacle Award for 1990" ceremony at the Crocker Center in Boca Raton for BEST ARCHITECTURE, BEST MODEL, BEST INTERIOR DESIGN and BF_Xr 'LANDSCAPING. Shane's work for Interior Merchandising won the PRISM GOLD AWARD in 1995 for the midrise, "La Sanctuaire." We are proud that the popular national magazine, FLORIDA DESIGN, has given us recognition via an unprecedented 20-page coverage on two of our unique single family residences in the Boca Raton area in their Winter 1995 issue (Vol. 5, No. 3), a feature in their Summer 1997 issue (Vol. 7, No. 2). We were featured again in the ~Vinter 2000 issue (Vol. 10, No. 4), and recently in the Spring 2001 issue, giving us special prominence via an 18-page article publicizing two of our homes. Shane and his handpicked staff serve an international clientele who demand the best in dramatic and sophisticated house design. Shane's impact upon the architectmal beauty of South Florida is evidenced by the several thousand residential designs in all the leading and prestigious Yacht, Golf and Tennis Country Club Communities, as well as Oceanfront and Inuacoastal areas. AAC001720 ' Shane designed the original Sales Center in the luxurious St. Andrews Country Club, as~d continued vsith creating some of the most duplicated and sought- after models named "ARIJNGTON," "HAMILTON," later renamed "OAKBROOK," "MANCHESTER," "BARRINGTON," and "MANSFIELD." Shane designed about every fourth residence in the St. Andrews Country Club. We 'take you from your initial consultation through to the production of architectural plans, detailed interior drawings to securing the highest quality builder best suited to construct your home. We are committed to providing personal attention to all phases. WE WELCOME YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL SH~E'$ HO~ES GRACE CO~U~ITIE~ SUCH IN FLORIDA SANCTUARY, BOCA RATON SUN & SURF CLUB, BOCA RATON ST. ANDREWS COUNTRY CLUB, BOCA RATON BOCA BATH & TENNIS CLUB, BOCA RATON WOODFIELD COUNTRY CLUB, BOCA RATON WOODFIELD HUNT CLUB, BOCA RATON THE SEASOr:S, BOCA r, ATO~ BOCA RATON POLO CLUB, BOCA RATON BOCA GROVE PLANTATION, BOCA RATON BONIELLO'S ACRES, BOCA RATON LES JARDIN, BOCA RATON LONG LAKE ESTATES, BOCA RATON LE LAC, BOCA RATON BOCAIRE COUNTRY CLUB, BOCA RATON OLD FLORESTA, BOCA RATON BOCA HARINA, BOCA RATON I'IORSESROE ACRES, BOCA RATON ENCANTADA, BOCA RATON FOX LANDING, BOCA RATON ROYAL PALH YACHT & COUNTRY CLUB, BOCA RATON STONEBRIDGE COUNTRY CLUB, BOCA RATON EAGLE TRACE, CORAL SPRINGS THE HAMLET, DAVIE AAC001720 STONEBROOK ESTATES, DAVIE SUNSHINE RANCHES, DAVIE FOX CHASE, DELRAY BEACH LAS PALMAS~ DELRAY BEACH MIZNER COUNTRY CLUB MIZNER'S PRESERVE, DELRAY BEACH DELRAY DUNES, DELRAY BEACH DELRAY OCEAN ESTATES D~.LKAY GOLF & CO~TRY CLUB, DELKAY BEACH DELRAY ESTATES, DELRAY BEACH STONE CREEK RANCH, DELRAY BEACH SEAGATE, DELRAY BEACH THE HAMLET~ DELRAY BEACH TROPIC ISLE, DELRAY BEACH ADDISON RESERVE~ DELRAY BEACH BARCELONA ISLES~ FORT LAUDERDALE CORAL ISLES, FORT LAUDERDALE DAWSON'S POINT, FORT LAUDERDALE NURMI ISLES, FORT LAUDERDALE ISLES OF PALM, FORT LAUDERDALE SUNRISE KEY, FORT LAUDERDALE EXOTIC ESTATES, FORT LAUDERDALE GREY OAKS GULF STREAM HARBOR BEACH, FLORIDA HIGHLAND BEACH ROYAL COVE AT BOCA HIGHLANDS, HIGHLAND BEACH HOLLYWOOD OCEAN WALK, HOLLYWOOD BEACH HYPOLUXO ISLAND BALLEN ISLES, JUPITER JUPITER INLET BAY, JUPITER ANGELFISH CAY, KEY LARGO LANTANA LIGHTHOUSE POINT MANALAPAN GOLDEN BEACH, MIAMI PINECREST, MIAMI GABLES, NAPLES QUAIL WEST, NAPLES QUAIL CREEK, NAPLES ROSEMEAD AT WYNDEMERE ESTATES, NAPLES WINDSONG HARBOR, NORTH MIAMI BEACH HIDDEN KEY, NORTH PALM BEACH OCEAN RIDGE DUI:ES OF OCEAN RIDGE, OCEAN RIDGE PALM BEACH HARBOR ISLES, PALH BEACH PALM BEACH POLO CLUB, PALM BEACH CASA DE MARBELLA, PALM BEACH GARDENS J.D.M. COMMUNITY, PALM BEACH GARDENS FRENCHMAN'S CREEK, PALM BEACH GARDENS MIRASOL, PALM BEACH GARDENS SAN MICHELE, PALM BEACH GARDENS CYPRESS HEAD, PARKLAND IN THE PIKES, PARKLA#D PINETREE ESTATES, PARKLAND BEL AIRE AT GRAND PALMS, PEMBROKE PINES SUNSHINE ACRES, PLANTATION LONGBOAT KEY, SORASOTA LAUREL OAK, SARASOTA PRESTANCIA, SARASOTA PEBBLE BEACH, SARASOTA SINGER ISLAND WILLOUGHBY COUNTTRY CLUB, STUART STILWELL ISLES PROSPECT PARK, TEOUESTA EQUESTRIAN CLUB, WELLINGTON WELLINGTON BREAKERS WEST, WEST PALH BEACH EGRET LAKES, WEST PALH BEACH WESTON HILLS COUNTRY CLUB, WESTON OTH ER STATES TH ROUGHOUT TH E U.S.A. LAHONTAN, CALIFORNIA ASPEN, COLORADO BEAVER CREEK, COLORADO DENVER, COLORADO CHICAGO, ILLINOIS L'ESPRIT, LA GRANGE, KENTUCKY WARDS POIHT WEST, NORTH CAROLINA MARION, OHIO BATAVIA, OHIO CITY OF LAKEWAY, TEXAS VIRGINIA BEACH, VIRGINIA INTERNATIONAL LOCATIONS FREEPORT, BAHAMAS NASSAU, BAHAMAS LYFORD CAY, NEW PROVIDENCE, BAHAHAS OCEAN CLUB ESTATES, PARADISE ISLAND, GRAND BAHAHAS ST. JOHN, U.S.VIRGIN ISLANDS ST. THOMAS, U.S. VIRGIN ISLANDS CURACAU, NETHERLAND ANTILLES ST. HAARTEN, NETHERLAND ANTILLES WOODBRIDGE, ONTARIO, CANADA QUEENSTOWN, NEW ZEAL.AiD LUGAHO, SWITZERLAND MONACO, PRINCIPALITY OF MONACO COlvlI ERCIAL PROJECTS IN FLORIDA Health Spa & Massage Center, Boca Raton A State-Of-the-Art Dental Office Facility, Boca Raton A State-Of -the-Art Veterinary Clinic, Boca Raton A 34-unit Townhouse Complex in Deerfield Beach 100 Quadraplex Umts m Boca Ralon Affordable Communal Living Facilities possibly located on Disney World Property in Orlando Award winning "Casa La Brisa" 5-unit Courtyard Town Villas with individual pools in Delray Beach (offAtlanfic Avenue) "Seagate," a lC-unit Town Villa Complex in Delray Beach 12-story Townhouse Condominitun Complex in Highland Beach 10-unit, Five-Star Condominium, Via Marina Courtyard Townhouses, with docks on the Intracoastal Waterway in Delray Beach Another award winning Multi-Family Bermuda Style Courtyard Wownhouses, "St. George's Landing" in Delray Beach "Place Des Arts," a 5-story luxury Condominium on Hendricks Isle, Fort Lauderdale Two Video Warehouse Concept Stores in Delray Beach and West Palm Beach Three "HaircolorXpress" Beauty and Hair Salons in Lighthouse Point, Margate and Coral Springs The Amadeus Gourmet Bistro, Pompano Beach Tuscan Wine & Pas~ Shoppe, Pompano Beach AAC001720 1 Two tmiquely designed Card Shops, one in Wind Song Harbor, North Miami Beach and the other in Ocean Walk, Hollywood Beach A &story Luxury High-Rise named "The Renaissance at The Oceans Edge" in Delray Beach Architectural Design for many of the "Aragon" Luxury Condominiums in Boca Raton Architectural Design of a two-story &unit Penthouse at the "Toscana' Luxury Condominium in the Sky, Highland Beach Luxury 2, 3 and 4-story Townhouse Complex Resort, plus custom single family homes m "Gardens at Highland Beach," Highland Beach Elevations and Floor Plan Redesign and Renovation of"The Estuary" Luxury Townhouses on the Intracoastal Waterway in Delray Beach Renovating and Redesigning an existing Office Building in the heart of Downtown Delray Beach into Luxury Mim'-Apartments. Renovation Design for the Sheraton Four Points Hotel in Pompano Beach Design of Elevations and Floor Layouts for the Hampton Inns Hotel Chain State-Of-the-Art "Pearle Vision" Eye Center in Boca Raton, #1 in the nationwide chain A family oriented total Resort Hotel with a Dinner Theatre and Shops designed with conversion to Casino in mind, Orlando Area Renovation of the "Helen Wilkes Hotel" m West Palm Beach COIvllvlERCIAL PROJECTS - NATIONAL ~ INTERNATIONAL Bahamian Resort in the Bahamas Unique Bed & Breakfast Concept Resort to be marketed nationwide 3 1993 Plense lype or I~,int the following information: L  Middle Initial Name:~ 2. Home Address:' ~_p~t]~ Stnte Zip Code 3. Legal Rcsidince -- City S Zip Code 4. Principal Business Ad:~ress: City State Zip Code 6. What Board(s) are you interestsd in serving7 / 1. Lis! ~11 Cil:y Bom'ds on which :you nt~ currently serving or have previously scrvexl: (?lease include 8. Edu¢~tionnl qualifications: 9. List ~ny r~l~tcd professions! certifications and licenses which you hold: 10. Gi¥¢ ¥o,r present, or most r~nt employer, nnd position: I I. l~scril~ exl~rien¢¢$, skills or knowlexlge which qtmli6, :you to serve on this board: (Pl¢~s~ ~tmch ~ bri¢£resum¢) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. I~ will be the applicant's responsibility to ensure that a current application is on file. DELRAY B F.),C H ® BOARD MEMBER APPLICATION 1993 Please type or print the following information: l..Last Name:: Name Middle Initial 2. Home Address:~ %..~ State Zip Code 3. Legal Residence City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: 2.,'3- q - ~ 6,0 Business Phone: ~j] A I Fax: 6. We.~hat Bo&rd(s) are you interested in serving? 7. List ali City Boards on which you are currently serving or have previously served: (Please include dates) 8. Educational qualifications: 9. List any related professional certifications and licenses which you hold: % 10. Give ~our-pr.~,~tv-~ rOost recent employer, and position: 11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of,~'~A appointment I may receive. R E C E lYE D CITY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~crrYCL~RK~BOARD~APPLI CATION EMPLOYMENT: JoR C. W. BENNETt 137 SEABREEZE AVENUE I)EtR~¥ BE~CM, FL 33483-7017 1995-present, retired naval officer 974-1995, naval officer with a variety of assignments, including 6 years in the Pentagon (3 as a Policy Planner) and service on several higher level headquarters staffs. 973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: L.L.M., Law & Marine Affairs: University of Washington, 1981 J.D.: Georgetown University Law Center (editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 COMMUNITY ACTIVITIES: Member, Delray Beach Visions 2010 Steering Committee Vice PresidentCzvernment Relatlc~ns and Trustee, Beach Property Owners' Association ;'icc President and Director, Progressive Residents of Delray Member, School Advisory Committee, Atlantic Community H.S. Member, Atlantic H.S. Band Boosters Organization (Pit Crew) Member, School Advisory' Committee, Roosevelt Community M.S. (1996-1999) Volunteer at Atlantic Community H.S. (mostly driving) PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law U.S. Naval Institute To any Board, I would bring my ingrained sense of fairness and respect for appropriate process. I have academic and practical experience in policy analysis, as well as extensive experience in applying rules and regulations to specific circumstances. I bring education in law and economics to the table, but have no clients, who could require me to recuse myself from a Board action. As I have no active practice or other business, I do not have to worry about the impacts that the time demands of Board service could have on my livelihood. With regard to the Planning and Zoning Board, I have attended quite a few meetings and have spoken both for and against projects. In the course of researching my stands, I have acquired some familiarity with many aspects of the City's Land Development Regulations (LDRs), which would enable me to hit the ground running should I be appointed. As for the Historic Preservation Board, I have attended a number of meetings and am somewhat familiar with the pertinent LDRs from researching projects and issues of interest. My interest in the history of Delray Beach was demonstrated by the original research (approximately 50 pages) I provided 'to the City's Historic Preservation Planner for use in the recent City-wide inventory of historic structures. BOARD M~MB£R APPLICATION 1993 Please type or print the following information: 3. Legal Residence City ~ State Zip Code 4. City/2,. _ . [ .,. . :~ta. te. Zip Code ?. List all Ci~ Bo~ds on which you ~ c~mly t~ing o/~ave p~vio~sly lw~:'(?l~e include ares) ~, Du~tionai q~alifi~tions: 9. List any related prof~sibnal ~nifi~tions ~d li~n~s welch you hold: ' / ' 10. Give your presen~ or most recent ~mployer, ~d ~sition: Il. ~s~H~ ~x~ff,n~s, sk~lls or ~owlM, e which q~li~ ~~~:~ a~ a ~ef~sume) I her~Jc~~at all the above statemen~ a~ t~e, and I ague and unde~tand that any mi~ta~'ent of l~aterial fa~s conMi~~~ation may ~use forfeiture upon my pa~ _ ~*~ ~ ~' CITY CLERK o,~ - Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date tt was submitted. It will be the applicant's responsibility to ensure that a current application is on file. 04/07/99 WED 08:43 F.i.I 561 243 3774 CITY CLERK CITY OF DELRAY BEACH ,o .o MEMBER APPLICATION 1993 Please type or p_~rhat ~owing information: I. Last Name: -. /,/ . ,~ 2. Home A.![dr¢$s~c-'-r- C-~ 3Z L~-gal Residence '" 4. l~rincipal Bminess Addreas: 5 Home Phone' (~ .. _., ~ - 6. B~'mcss Phom~: ~/) What Board(s) ar~e),ou interested in servingT/~,~_ State Stale Middle initial Zip Cgde . Zip Code ,"Zip Code 7. List all City Boards on which you are currently serving or have previously served~ (Please incjUde dates) /[/~ ~' . , 8. Educational aualifications: ~, ~-- ' /' 9.- List ~y ~elated professional ~nifi~tibn, ~d licenses which '~ba hold: '~ ~ ~ 10. GiVe your present, or most _rec. et~, .employe.r, and position: 11. Describ~,_,~'¢~ C/z g-- ~vexperiences' skillsy.r'°?Lkn°wIedge, 4/ which,~z.r,3. / ~ ~e/qualify'~ you ~-t°' serve o.o~isp ,~ '4'b°ard:*"~ ~'/.,¢ 7'~(Please attache/< a bri['f resume). I hereby certify th~a~ all the~bove gtatemenrs are~rue, and I agree and understand that any misstatel~en~ o/f/mate~ contained in this~/pplication may cause forfeiture upon my part ' Note: TH,,'application will remain on file in th~ city Ci~rk'~ Office for a period of 2 y~ars from the da¢ it bmittcd. I~ will be thc applicant's re~po~sibility to ensure that a ~urrcm application is o,, file. ; DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the followin~ information: 2. Home Address: 3. Legal Residenc~: City ( State Zip Code 4. Prindpal Business Address: City State Zip Code 5. Home Phone: Business Phone: Cell Phone: E-Mail Address: Fax: 6. Are you a Registered Voter? ~ 5 If so, where are you.[egi, stered?z..~ 8. List all City Boards on whick¥ou'are currently servittg or have previously serve& (Please include dates) 9. Edu~.~ ~lualifications: 10. List ~y gelated professional certifications and licenses which you holc[ 11. GivA your pre~ent, qr mo, st recent emplc~yer~,.$ posifipn: . L~ 12. pesc~itte experiences, .tldlls or knowledge which qualify you t9 serye on, this boa{c[ ~Please a]~ach~a brief retsurne)~, Note: This application will remain on file ill the City Clerk's Of'rice for a period of 2 years from the date it was submitte& It will be the applicant's responsibility to ensure that a current application is on file. RECEIVED APR 2 3 2001 SVZITYCLERK~BOARDV~PPLICATION CITY CLERK DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last~Name:: _ 2. Hoglle Addr~: 3. Legal Residence City / 4. Principal_,,Business Address:,~ 5. H~grn~9~..~ ?at~_~ :5 oc"~ ,,Busines~ P~ W~at Bg~}?d..(s)~are ~ou, intere~gg:l,,in servi.ng?.. -, J State State Zip Code 7. List all City Boards on which you ~re currently serving or have previg, usly served: {.Please include dates) 8. Educational_qualifications: /77/ 9. List any_related professional certification which 10. Give yqur present.or most recent employer, and position: hold: 11. Describe e]cperiences, skills or knowledge whic. h qualify you to serve oj~ this. bpard: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part l/~2~~~'°fanyapp°iptrrp~tI~yrecqive' RECEIVED ~,~TOR~/ b' AP~ 0 6 2000 DATE OITY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SXCITYCLFrJt~BO~PL ICATION lJJ~. CI~'Y OF DELRAY BEACH BOARD MEMBER APPLICATION 399~ Please type or print the f. ollowin8 infotmalion: 1. L~t Name:: 2. Home 3. L¢ial Residence 4 Principal Business Address: 5. I-Iom~ Phone: State ; Zip Code - i City ' -',ta:~ ' ~p ~oae !City -- Sta~ Zip Code I Bm~e~ Phoae' F~ - ' 6. What lloatd(s) ~ you irrtemsted in sc~ving? 7. List gt Ci~ Bo~ on whkh >~u ~ ~mll ~ing ~r hav~ pmvi~dy se~: ~l~e inclu~ d~) $. Educeional qualifi¢~iom: ~oel. o~. ~F ,~.cl.i.a~-.co,~ ,,er' 12tvtv~r~'~r--/ ~ 9. List any .related pr~f~,sional certifications and licenses which you hold: I0. Give your present, or roost re;eat employer, and position: 11. Describe e.xpedences, skills or knowledge which qullif'y ~ou va ser,¢ on :his bm, rd: (Please attach a brief resume) I ! hereby certify that all the above statements are true, and I agree and understand that any [ misstatement of material facts contained in this application may cause forfeiture upon my pa~ ;;l'~'~:-'~ s application will remain on file L-~ the City Clerk's Office for a period of 2 years from the dare ii Was submitted. Il will be the applicant's responsibi!i~ to ensure that a current application is on MAY 1 6 2001 CITY CLERK JAMES C. KR~AVNE¥ ARCB1TECr Mr. Keavney has been prancing architecture in the State of Florida since 1986, recently joining Eliopoulos & Associates having been associated with Mr. Eliopoulos at a prior firm. EDUCATION: IYNIVERSITY OF MIAMI , Miami, Fiorid~ ARCHITECTURAL ASSOCIATION London, England REGISTRATION: Architect: Certified: Florida 13894 Bachelor of Architecture, 1986 Student Exchange Program, 1984 NCARB: gAR 0016878 EXPERIENCE: Mr. Keavney has an extensive portfolio of experience and knowledge pertinent to project management and multi-discipline team coordination for a variety of project types. His experience with local, municipal and federal agencies in the areas of code research and interpretation, construction document development, project implementation and ability to coordinate with a multitude of consultants insures that each project is delivered with optimum efficiency and thorough detail with Some of the 'many projects that Mr. Keavney has managed include the Brickell Station Riverwalk, an historic renovation in Ft Lauderdale; numerous commercial renovations and restaman~ such as Roadhouse Grill, Miami Subs, Friend's Cafi and Little Mermaid are a few of the recent jobs that he has nmnag~ In addition to these local restaurants, he has designed and managed custom homes throughout south Florida as well as in thc New England area. Other local commercial jobs include the new Tampa Electric Office in Jupiter Park of Commel~e, the White Hotlse Restoration in Delray Beach and the De[ray Beach City Hall renovation. James C. Keavney 2934 SW 22'a Circle, Unit B Delray Beach, FL 33445 Home: 561.272.8356 Office: 561.276.6011 ~lim Keavney is a registered architect in the State of Florida. He studied architecture at the University of Miami and was selected to study at the Architectural Association in London, England for one year as part of an exchange program. He received his Bachelor of Architecture from the university of Miami and has been working with architecture firms in South Florida since 1986. Some of the firms he has been e,rnployed at include Edward D. Stone Landscape Architects, Serf Falkanger & Associates Architects, Quincy Johnson & Associates, and Robert G. Currie Architects. He is currently employed at Eliopoulos Architecture. Some of the many projects that Jim has managed include The Brickell Station Riverwalk, a historic renovation in Ft. Lauderdale, and numerous commercial renovations and restaurants such as Roadhouse Grill, Miami Subs, Friend's Cafe, and The Little Mermaid are a few recent jobs that Jim has managed. In addition to these local restaurants he has designed and managed custom homes throughout South Florida as well in the New England area. Other local commercial jobs include the new Tampa Electric office in Jupiter Park of Commerce, the White House historic renovation in Delray Beach and the Delray beach City Hall renovation. Jim is a current resident of Delray Beach and works in the city. His goal would be to pursue an active position in the preservation and well being of this city. CITY OF DELI:lAY BEACH BOARD MEMBER APPLICATION 1993 2001 3. Legal ~c~idcncc- 4. l),ci~cip~J ]}ush]~ss 5. Home Phone I B~ess Pbgc: 6. A~ you a ~s~d vote? ./ l~-Mail Address: e-t'{ Cell Phone: If so, were ~c you ~ster~? State Z~p ;rip Code Zip Codc you intexested in se. tying? PJmsc l~t m oute~ of preference' 8. La~ si! C'~ty Bosrds on ~,Mch you are currendy serving or hsve previously servcd: (Please include dates) 9. .Gduca6oual quiditc~fions:. _ . ' ..... _ .... '- -' _ .......... 10. l~t shy related profesdomd C~'~:~Lt~m and licenses which you hold: Il. Give yo~ presen% or most zecem employct, and Imsition: ( 1 hc~cl~/ccs-6~ that ~11 thc ~ove *,m. emenu~ ~'~ ~ md I ~ ~d ~d ~t ~y ~,~mt of~ &~ C~ k th~ spp~ ~y~c ~ ~ ~ ~ of~7 ~n~t I rosy ~ejve. Note: ~s npp~ogon ~ ~n on fi~ m ~ ~ Cle~'s Olde ~o= s ~ o~2 F~s ~om ~e ~ k w~ s~. h ~ ~ ~e npp~o.t's ~s~~ ~ ~uze ~t a ~[ appU~ ~ on ~c. RECEIVED JUL 1 8 2001 CiTY CLERK iOONorthwest 1st Avenue In 19971 also started wori~ in Delray l~ar.k I am ~ the Box otr~ Mamger oftbe Ctut Thoatre I am very interested in ~ on a board for the City of Ddray Beach. J have a seine that the residents often feel unbend - f~m ~he pl~o;c~ entity of the neighborhood to other residents dmt may mnse the of a pewefu/neighborhood. I want to be I~rt of what nmk~ Dehy Bea~ works. CITY OF DELRAY BEACH tlltJ BOARD MEMBER APPLICATION 1993 Please type or print the following information: l. ~t N~e: ~ 3. ~gal Residence City S~te Zip Code 4. Pfineip~Bminesj 6d~¢s~ Ci State Zi~ Cod~ 6. W~I B~(s) are tou'~restid in sq~ing? 7. List ~11Ci~ Bo~ds on which you nrc eu=enlly se~ing or have previously se~od: (Please include dines) 8., Educat~al qualifications: . ~ i ' g. List nny ~lnted professional ce~ifioalions nnd licenses which you hold: 1~, Giv~ your p~sent, or most ~cent employer, nnd position: 11. Describe e~riences, skills or knowledge which qu~li~ you lo se~e on this board: (Please n~ach a brief resume) I hereby ce~iW that all the above statements are true, and I agree and unde~tand that any misstatement of material fa~s contained in this application may ~use forfeiture upon my pa~ of  a~pointment ~ may receive. -- DATE ~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. $'~CITYCLERK'~I~OARD~.I~ PLI CATI ON 05/29/01 TUE 09:31 FA/ 561 243 3774 CITY CLERK DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or prim the ~ollowi~__ informatio~ 1. I,asr Name:~, State lVLL State zip Co& 4. Prindpal Business Address: City State Zip Code · SZ,~, %Jo~v~e~,~- L~r~ ~-~-r c)ea_~.~,-~ ~~ w,~. ~:34~3 $. Home Phone: Business Phone: E-Ma~ Address: Ceil Phone: ] Fax: 6. you a registerea voter? If so, where are you registered? ~,cx:~ lg~,'~ - t~, -,41 7. _What Board(s) are you inmre ,stud ia serving? Please list in q~ter of prdexence: 0 8. List all Cie/Boards on which you are curready sewing or have previously served: (Please include dates) 9. Educational qualifications: 10. Li~ argr rela~d professional cerdficadons and lieemes which you hold: /:~..-c,'e~ ~ .... -11. Give your present, or mos~ recent employer, and posh/on: 12. Describe expefence$, ,kills or lmowtedge which qualifyyou to serve on this board: (Please ;~h a bHe. f resume) mrfifv thali all/~lthe above statements are true, and I agree and umierstand that any mLe-statew~t of i:Xlater~ facts MAY 311 2001 No~.a q ds application will remain on file i~7~~tlce ~or a period of 2 years from the date it ~bmitted. It will be the applicant's responsibility to ensure that a oarrem application is on file. JEFFREY SILBERSTEIN~ PRINCIPAL EDUCATION: Pratt Institute and Clark University, Architectural Degree Harvard University Graduate School of Design, June, 1989 Harvard University Graduate School of Design, July, 1996 CERTIFICATION: Registered Architect: Florida EXPERIENCE: Silberstein Architects was founded in 1990. We are a small firm with a reputation for innovative design and delivering projects within budget and on schedule. This is evident as we continue to work with repeat clients and referrals generated by our reputation. Our success evolves as we assist clients in defining project goals well before suggesting solutions, a process that creates a full understanding of objectives before transformation into reality. As principal of the firm, Jeffrey Silberstein is widely recognized for his design achievements. Whether a large institutional complex or a small interior renovation, Mr. Silberstein's designs are rich and simple. Jeffrey Silberstein's commitment to quality and his patience in achieving the best possible designs are evident in the many awards he has 'won. His solutions, which seem obvious and simple, are the result of diligent effort. Mr. Silberstein has practiced architecture, both nationally and internationally for over 20 years with a list of pr6minent architectural firms and projects to his credit. He has been associated with many building types, including educational facilities, office buildings, interior office and residential renovations, museums, art galleries, religions facilities, residences, mixed - use developments and commercial projects. The American Institute of Architects has singled several of these commissions out for special honors. Mr. Silberstein has served as, a guest writer for the Hartford Architectural Conservancy and The Palm Beach Post, a critic member of the Works of Art Committee of the Boca Raton Museum of Art, a member of Junior Achievement and on the Boca Raton Community Redevelopment Agency Task Force on The Grace Commission. LIST OF PROJECTS: SCHOOLS: Boca Raton Community High School, Science Addition and Master Plan, Boca Raton, FI. AIA Award for excellence in Design Fiorid, a Atlantic University, College of Education, Boca Raton, FI. Hunt Elementary School, Coral Springs, Fl. Harid Conservatory, Boca Raton, Fl. Temple Israel Early Childhood, West Palm Beach, Fl. All - Star Academy & Sports Camp, Delray Beach, FI. Temple Bet Emet Early Childhood and Grades 1,2 &3, Cooper City, FI. MUSEUMS: Museum of Modern Art, Seoul, South Korea. AIA Award for Excellence in Design. The Gallery Center, Boca Raton, FI. Morikami Museum, Delray Beach, FI. SPECIALTY PROJECTS: West Regional Courthouse, Plantation, Fl. B'nai Torah Congregation, Boca Raton, FI. Temple Israel, West Palm Beach, Fl. Boca Raton Mausoleum, Boca Raton, Fl. Temple Bet Emet, Cooper City, FI. ( Current ) Temple Israel, West Palm Beach, Fl. (Current) LIST OF PROJECTS: OFFICE BUILDINGS: Bank of Nova Scotia, Curacao, Netherlands Antilles Presidential Circle, Hollywood, Fl. Winner of many design awards. Trammel Crow Corporate Headquarters, Boca Raton, Fl. WJMK Studios, Boca Raton, FI. AIA Award for Excellence in Design. NCNB Bank, Boca Raton, Fl. Over 500,000.00 square of office space planning for Henderson Mental Health Center, WR Grace, Trammel Crow, Gampel Organization, Panther Realty, and other corporate clients. Spectrum Office Park: Two Phase 45,000 s.fOffice Building, Ft Lauderdale, Fl. Sirs Inc., Delray Beach, Fl. Silberstein Architects, Delray Beach, Fl. AIA Award for Excellence in Design, 2000. COMMERCIAL/RETAIL PROJECTS: Hertz Service and Rental Facility, Windsor Locks, Connecticut. AIA Award Boca Valley Shopping Center, Boca Raton, FI. Key West Espresso & Ice Cream, Key West, Fl. Littman Jewelers, Bonaire, Netherlands Antilles. Littman's At The Plaza, Bonaire, Netherlands Antilles Littman's, Bonaire, Netherlands Antilles Peppercorn's Cafe, Key West, Fl. LIST OF PROJECTS: HOTELS & RESORTS: Paradise Village Tulip Hotel, Cma~o, Netherlands Antilles The Hamlet Resort, Bonaire, Netherlands Antilles Avila Beach Resort, Curacao, Netherlands Antilles MIXED USE PROJECTS: Union Station, Hartford, Connecticut Pineapple Place, Delray Beach, Fl. One Young Circle Condominium Tower, Hollywood Beach, FI. Sirs Office and Retail Complex, Delray Beach, Fl. INTERIOR ARCHITECTURE: Becket Residence, Boca Raton, FI. A. LA. Award 1999 Foght Residence, Bonaire Netherlands Antilles. A. LA Award 1997 Agardy Residence, Boca Raton, Fl. Katzev Residence, Bonaire, Netherlands Antilles Green Residence, Boca Raton, Florida Simon & Simon Law Offices, Delray Beach, Florida WJMK Studios, Boca Raton, Fl. AIA Award for Excellence in Design. LIST OF PROJECTS: RESIDENTIAL: National Custom Homes: Custom Homes Wycliff Country Club: Custom Homes Governor's Walk, Delray Beach, Fl. ( Current ) Neal's Market, Delray Beach, FI. ( Current ) Clark Residence, Les Jardins, Boca Raton, FI. Hakkenberg Residence, Bonaire, Netherlands Antilles Featured in Caribbean World Magazine Foght Residence I, Bonaire, Netherlands Antilles ALA Award of Honor For Design Foght Residence H, Chicago, Illinois ( Current ) Richman Residence, Delray Beach, Florida Littman Residence, Bonaire, Netherlands Antilles Katzev Residence, Bonaire, Netherlands Antilles Gardenia Place Townhouse Community, Lauderdale By The Sea, Fl. One Young Circle Condominium Tower, Hollywood Beach, Fl. Andrews Residence, Ocean Ridge, Florida Andrew's Residence H, Ocean Ridge, Florida ( current ) Ticktin Residence, Ft. Lauderdale, Fl. (current) Schlicht Residence, Boca Raton, Fl. (current) LIST OF RESIDENTIAL PROJECTS CONTINUED RESIDENTIAL: Lassiter Residence, Bonaire, Netherlands Antilles Botman Residence, Bonaire, Netherlands Antilles Epstein Residence, Weston, Florida Green Residence, Boca Raton, Florida Pineapple Place, Delray Beach, Florida Schmier Residence, Delray Beach, Florida (current) Caribbean Blue Condominiums, Bonaire, Netherlands Antilles ( Current ) qllP® BOARD MEMBER APPLICATIOH 1993 Please r~e or prim the following infonn~on: -2. Hom~ Ad&ess: C. iw. S'rat~ Zip Co& 3. Legal Redd~c,: C_~ State Zip Code 4. Principal Bmincss Ad&,ss: City. Sta~e Zip Code 5. Home Phone: I Business Phov_~ E-Ma0: ' IFax: 6. Wha~ Board(s} arc youintere~red in .~'ving? 7. List all Ctty Bo-,'& orl which you are curren~ ~r~ing or have 15reviouslv se~'e~: (please iuclfi& da~e0 8. Educ~Vdomd qu~l{ficar{~ n~: ' . 9. ~i.~ any rdated professional cerdficafiom and kenses '~,hic. h you hol& 10. Give your present, or most recent employer, and poskion: knowledge wlalch qualffyyou to serve on thi~ board: (Please a~& a brief remme) 11. Describe &periences,'~.tldll~ or ' ' ' ' I hereby certify ~{mt all the annove ~aremen~s are true, ~nd I agree and tmder~and r. har any misstatement of material facts conr'alned in ~ application m,'w cau*r forfeiture upon my part of any ~ppoip~mxt I ma), r~celx,e. Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was mbmirt,d. It will b~ the applicant', respo~ll~il~{~0t~ [~}ar a current application is on file. .~'~11 ~ CJ.£~,l~qloa~#.b M~PklC.x710N FEB 2 3 2001 CITY CLERK R. Michael Simon Jr. 314 Northwest 16th Street, Delrsy Beach, Florida 33444 Hm (S61) 279-0S06 CcH (S61) S73-898S [EDUCATION Stetson University - I~land, FL Bachelor of Arts - 1987 Major - Sociolog7 [ PROFESSIONAL EXPEI~Yg~NCE Taurkllo & Compaay ReM Eatate, Delray Beach, FL July 2000 - Presmt Realtor Sales, marketing and representation of residential and c, ommgrgial properties in the Delray Beach, Gulfstream, Ocean Ridge, Manalapan, Boynton Beach and Boca Raton areas ranging in value fi'om $29,000,000 - $50,000. Responsible for pricing, market analysis, advertising and sales of property for Selling clients as well a~ Buyer representation during purchasea. JC DeNim laternatio~ml Realty, Delmy Beach, FL July 1999 - July 2000 Realtor Sales, marketing and representation of residential and commercial properties in the Delray Beach, G-ulfstreang Ocean Ridge, Manalapan, Boynton Beach and Boca Raton areas ranging in value bom $29,000,000 - 50,000. Responsible for pricing, market analysis, advertising and sales of property for Selling clients as well as Buyer representation during purchases. Inv~tment Equity Comtruetioa, Manalapan FL July 1999 - February 2000 Marketing Director Responsible for creation and implementation of all marketing materials and sales of over 60 million dollars in properties for oceanfront Developer Frank McKinney and $C DeNim International Real Estate. Duties included production of the company's web-site and all printed advertising, as well as acting as Realtor and representative for all available properties City of i)elray Beaek, Delray Beach, FL October 1998 -July 1999 Affordable HouslngAdministrator Administration of all Federal, State and City homeowner purchase assistance progratns. Responsibilities included program implementation, budget, performance, compliance and annual reporting. Management of contracts and agreements associated with the City's housing programs. Coordinate parmerships with local govermnents, lending institutions, non-profit agencies and Realtors. Attend community and advisory board meetings necessary to carry out activities. City of Ddray Beach, Delray Beach, FL October 1996 - September 1998 ActingCommunttyDevelopme~Coordlnator Served as Division Head responsible for management, compliance, planning, budgeting, implementation and reporting for all Federal, State and City grant programs. Administration of grants focusing on homebuyer purchase, housing rehabilitation, ~cture/community projects and social service organization grant monitoring. Fostered partnership relations with lending institutions, non-profit agencies, Realtors and title companies within perimetel~ ofprngram goals. Attended comm~ltflty and board meetings necessary to can-y out activities. City of Delray Beaek, Delray Beach, FL Decem~ 1995 - October 1996 Program Spec/M/st Responsible for the overall implementation, eligibility and management of the State-funded SHIP Program along with assistln~ in the planning, coordination and marketing of all other housing program activity and annual reporting requirements. Attended community and board meetings necessary to carry out activities. Douma Contraetora, Inc., Delray Beach, FL October 1992 - May 1995 Executive/lssisttmt ~Project Supervisor Assisted in Real Estate acquisition, development and expediting for commercial and residential general contracting firm. Administration of business/personal domestic and international financial accounts. Project Supervisor of local retail/office center and Residential ConsWaction Field AssismnL 07/05/2000 =. 1.,.55 5512~351G5 BOARD MEMBER ~PPLICATION Pcc.~E 0_ / O_ 2 Homc Ad.ess: City 'S~te ~p Co~e 3 Le~ Resid~ce CiW ~tc Zip Code "4. Pdnci~=~ ~.~c~s Add.ss: Ci~ .... gGt= Zip 6. What Bout in s.e, rvmg? I 7' List ~Jl City Boards on which. you arc currcn_tly servfi~g or have previously s~l-~'~dl: (Ploase b~lud~ d~tes) 10 Give your pre/eat, or most recent ~ml~loyer, and position: of any appomfment I may receive, ,. ~'~ E?~'~,~-. J U L 0 6 2000 7/~/~ SIG~AT~ D~TE CITY CLERK 'Note: This applica~-~'-'~]-'[ xcmain on file in the Ci[y' ~:lerk's Office for a period of 2 years t~Oz~ thc date it was submitted. It will be thc applicant's responsibility to ensure that a curr~nt application is on filc. 06/30/00 FRI 13:52 [T~,'RI NO 7062] THUY T. SHLrTT C 241 Royal Court · Delray Beach · Florida, FL 33~.~?, · 561-243-9493 academic VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, Blacksburg, VA College of Architecture and Urban Studies Bachelor of Architecture (5-yr Professional Degree) College of Engineering (Mechanical) 5/91 9/85 - 5/87 registration Florida Architectural Reglatration -~NkR0016422 National .Council of Architectural Registration Board Certificate -~1t48326 civic CITY OF DELRAY BEACH SITE PLAN REVIEW AND APPEARANCE BOARD (Second Vice Chair '97 and current Architect Member) 10/96 - Present CITY OF DELRAY BEACH LARGE HOME TASK TEAM (SPRAB Representative) professional. PALM BEACH COUNTY PLANNING & ZONING, West Palm Beach, FL 2/94 - Present Zoning Division Principal Planner - Code Revision/Architectural Review (current), Public Hearing (Zoning Commission (ZC)/Board of County Commisioners (BCC)), DRC & Board of Adjustment Reaponaibilities · Develop procedures, perform major research or code amendments, assign, delegate ~nd monitor responsibilities, manage daily section activities and emergencies · Supervise professional (Site Planners I, II, and Senior Planner) and technical staff in interpreting and implementing PBC Comprehensive Plan and ULDC requirements in daily assigned tasks (staff reports, site plan and plat review, code amendments, building permits, etc.), supervise clerical and student staff on daily assigned tasks (DRC, ZC, and BCC packets, resolutions, etc.) · Recommend the hidng, promotion or termination of staff and handle employee complaints and grievances · Prepare and present staff recommendation and provide technical advisory assistance to BCC, ZC, Citizen Task Force/Land Development Regulation Commission, and Board of Adjustment, plat review, conduct site visits and address public questions and concerns regarding variances, zoning petitions and building permits Project management, advanced review and approval of site development and architectural elements in complex preliminary development plans, site plans, building construction plans, landscape plans and technical drawings for compliance with code requirements, health, safety and welfare issues, and quality design concepts Inter-divisional/departmental coordinator and design/construction industry coordinator for the County pertaining to zoning approval, architectural design and building permit review Created site planner training guidelines for ZC/BCC, DRC and building permit applications Reviewed projects for compliance with applicable federal and state regulations throughout development and permitting processes Speclat Projects · PBC Citizen Task Force Architectural Design Guideline Subcommittee, Jupiter Farms Community Design Workshop, Loxahatchee Groves Community Design Workshop, Lake Worth Corridor Design Guideline Graphics, Jupiter Farms Shopping Center, Sysco and Wellington Green DRI, Southern Boulevard Design Workshop, Twin City Redevelopment, Old Pahokee High School Complex Historical Preservation and Adaptive Reuse THUY T. SHLrI'r C C 241 Royal Court · Delray Beach · Florida, FL 33444 561-243-9493 ROBERT G. CURRIE & ASSOCIATES AIA, PA, Delray Beach, FL Project Manager/Staff Architect Internship 8/91 - 2/94 ~/99 - r~/90 Responaibllitles · Project management, construction administration, construction documents, agency coordination, spec'~cation writing, site planning, historic preservation, interviewing, training and supervision of new staff and intem students, drafted proposals and contracts, office management, interior design, presentation graphics and model making Selected Projects · Atlantic Avenue Bridge Tenders House, Delray Beach, FL · U.S. Embassy Cafeteria Renovation, Madrid, Spain · HRS Offices, Delray Beach, FL · Palm Beach Junior College Restoration, West Palm Beach, FL · Boca Lago Country Club Renovation, Boca Raton, FL · Old School Square Cultural Complex, Delray Beach, FL · South County Civic Center I & II, Palm Beach County, FL · Renaissance Center, FL Lauderdale, FL · Target Site Plan, Boynton Beach, FL ARCHITECTURAL CONSULTANT, Delray Beach, FL · 1/91 -2/94 Delrsy Beach Community Redevelopment Agency Graphic base for downtown urban design and parking study associated with redevelopment of Downtown Delray and evaluated Requests for Proposals for design professionals EDRC Architscts, Inc. - Delrsy Beach, FL Peach Umbrella Redevelopment, Affordable Housing Competition and Habitat for Humanity David Martin Architect - Delray Beach, FL KARL E. KOHLER AND ASSOCIATES, Vienna, VA additional skills Computers PBC TN3270.Mainframe, GroupWise and Novell Network, familiarity with Paradox (DOS version), IBM MS-DOS 5.0 and Macintosh Operating Systems, Autocad Release 10-14, Wordperfect 5.1- 8.0, Microsoft Windows and Word, XtreePro Gold, Lotus, FORTRAN 77 programming, Quicken and Rapidfile, Florida Energy Code software, Sweets Specification Software Land Development and Building Codes Extensive knowledge of ULDC and the principles and practices associated with site planning and development, building design and construction, ability to read, interpret and evaluate civil, structural, electrical, plumbing and mechanical details of construction plans, familiarity with Florida land development regulations, Delray Beach Comprehensive Plan, building codes, current American Disability Act regulations applicable to design and construction industries 2 THUY T. SHUTT 241 Royal Court · Delray Beach · Fiodda, FL 3~.~ · 561-243-9493 Continuing Education and Training BCC Presentations, Situational Leadership and PBC required supervisory training courses, Designing Pedestrian Friendly Neighborhoods, Florida Garden Designs, Metal Architecture, DCA's Flodda Accessibility Code for Building Seminar, Energy Conscious Architecture, Indoor (AJr Quality) Environment, Historic Preservation & Adaptive Reuse I and !1, Effective Negotiation, Smart Risk- ' Taking, I.nterpemonal Effectiveness in the Workplace, and Gram Writing Skills Fluent in English and Vietnamese with French as secondary language 3 07/12/01 'rl~! 16:07 F.~T. ~61 24~ 3T74 crl~_- CLERR DELRAY BEACH BOARD MEMBER APPLICATION 1993 _Plc:tse ~pe ?* print the following infomaation: 1 last Name; Woehlkens 2. Home Address: 306 N.W. 7th Same Name Jillian Delray Bch Stste MLM Z.ip, Cqde 33444 Zip Code 4 P~n~ Busme.s Adckess: City State Z~p Code 205 George Bush BLVD Delray Beach FL 33444 274-931 5 276~ 6011 j woehlkens@ In th% -procesg recently just changed a~ I have in ~ 7. ~at Bo~d(,) are yoo iut=t~ted ~ s~h~? Please is* ~ order ofp~e~==iee: Delray Bch ~o~ a c~- of years. 8.P B and P g Z and S.P R.A B ~ece~y' However~ . , . . moved into the} citY- , 8. ~t ~ ~ Bo~ on ~ich ~u a~ =~mfly $e~ ~ h~e p~oo,~ ,e~ed: ~l~c ~dud~ dtt=) None at present time. 9. Edt~a6o~l~fi~ns: ... B,S. in Architectural g~,,~i~% ~_o~ ~reh!t~_o~ur~, Ninor in art 10. I~tanyrelat~pto~ssionalce~on~ md~cmscswbichyouhold: None at pr~ent ~mo._ Il. Gtvevourpresen%otmemtrecentempbyer, andpo~6om · 'El~oploulos & Associates~ Graduated Architect. ~ormer ~ Present work experience under current board member of - S.P.R.~.B. Extremely dedicated & eager to enhance my knowledge an skills especially related to community as we~ as cultural pertaining to'future endevor~. subrmttcd. It will be the tppllcant's xesponsibiliry to ensure that a curxent application is on file. RECEIVED JUL' 1,3 2001 CITY CLERK ELIOPOULOS & ASSOCIATES, INC. Architects, Planners & Interior Designers AA0003179 JlLLIAN M. WOEHLKENS 205 George Bush Blvd. 33444 Phone: 561/276-6011 Fax: 561/276-6129 E-mail: ~n~e(&aol.com EDUCATION WORK EXPERIENCE SKILLS ACTIVITIES INTERESTS To obtain a position on the City of Delray Beach's Historic Presentation Board to further donate my experience and dedicated opinions as well as ~t~'ain the experience and knowledge that will enhance the filture of Delray Beach. Norwich University - Nonhfield, Vermont Masters of Architecture, Bachelors of Science in ~ral studies May 2001 Minors in Engineering and Art · Recipient of Leadership Scholarship for outstanding extracurrio~lar activities all four years. · One of a four person team to design and build an addition to existing home in a design-build studio. Eliopoulos & Associates, Delray Beach, FL 5/00 - Present Proiect Architect- work on construction documents for both residential & commexcial projects, coordinate projects & delegate project ta_sks, prepare presentation drawings and assemble working drawing packages for obtaining building permits. Acquire field measurements to then be placed on CAD, produce general office needs, client interac6on, & construction administration. Norwich University, Northfield, VT 1996 - 5/01 Work Study Program - Hold three positions simultaneously Architecture Depamnent Proctor - proctor for studio, attend meetings, report problems to department head, admini.gter ilrst aid as needed. Admininh'ative Assistant for Swim and Soccer Coach - recruit prospective athletes, database management, office clerical suppo~. Administrative Assistant for Hockey Coach - database management, office clerical support, recruit proslxctive athletes. JCPenney Co., Inc.,Berlin, VT 12/99 - 5/01 Cashier - sell store items to public, provide quality customer service, direct individuals to apptop~ offices for problems, set up displays, conduct inventor, bala_nce cash drawe~. A. LD. M0deh Inc., Washington, NJ 9/95 - 7/96 Assistant - consUucted trees, plants, furniture, etc.., for miniature scaled model-% worked with casting machines for miniature accessories, assisted set up on larger scaled architectural models for architectural clients of the business. * Equipment - blueprint machine, variety of woodshop and individual power tools, some engineering and surveying instmments. · Computer = AutoCAD, Microstation, Studio Max, Mechanical ~, M/ClX)SOft Word, lVlicrosofl Excel, Word Perfect, Medic Computer. · Norwich University Women's Soccer Team - Co-C. aptain 1,2,3,4 · AlAS - Member 1,2,3,4,5 · C-/ri Scouts - recipient of gold a_nd silver awards, highest honors attainable · Architecture Competition - 2nd place for design and conmucfion of scaled model Photography, Uaveling, sketching and outdoor sports R~FERENC~S Available upon request MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER .~ AGENDA ITEM c//.{ _ REGULAR MEETING OF JULY 24, 2001 APPOINTMENT TO DELRAY BEACH HOUSING AUTHORITY DATE: JULY 20, 2001 The term for E1 pagnier Hudson expired on July 14, 2001. Mrs. Hudson was appointed March 2, 1999 to fill an unexprred term. Mrs. Hudson ~s not interested in being reappointed (see attached letter). The term is for four (4) years, ending July 14, 2005. Per statute, an appointee may not be an officer of the City. Further, each housing authority must have at least one member who is a resident, current in rent, of the housing prolect or a person of low or very low income who resides within the housing authority's lunsdicuon and is receiving rent subsidy through a program administered by the authority. There ~s a resident member currently serving on the Delray Beach Housing Authority. The following have submitted applications and would like to be considered: Joseph M. Bemadel Edward C. Desmond Philip Friedman Angela D. Randolph Jeanette Slavm A check to confirm that all are registered voters was completed. violations and/or municipal liens was conducted. None were found. Also, a check for code According to Florida Statutes, members are appointed by the Mayor and ranfied by the City Commission. However, at the C~ty Comrmssion meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal bas~s and according to rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner McCarthy (Seat #4), subject to acceptance by Mayor Schmidt. Recommend appointment of a regular member to the Dekay Beach Housing Authority to a four (4) year term ending July 14, 2005. boatdcommtsston memo delray beach housing 7 24 01 Two Hundred One Southwest Ninth Street~ Delray Beach, Florida~ 33444~ 561-2 72-4703~ wgekhud~prodigy, net July 4, 2001 The Honorable David Schmidt Mayor, City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 JUL- 5 2001 COi,, ,, i!SSIOE ! Dear Mayor Schmidt: I have had the distinguished opportunity to serve as a Commissioner on the Delray Beach Housing Authority (DBHA) for the past three (3) years. The knowledge I've gained regarding the housing Authority and its significance, both locally and nationally, have impacted me professionally and personally. Working with Dorothy Ellington and the Housing Authority Board has been an equally rewarding experience. I've been advised that my current term of service on the Board is approaching completion and I have recently been asked of my ability to serve another term. As I reflected over the past years, I recalled a few personal and professional challenges that surfaced during my term, which made me ponder resignation. However, my internal composition would not allow for 'resignation' since I am personally driven to complete tasks assigned to me. My current position in Ft. Lauderdale, Florida with the Broward Sheriff's Office has, however, prompted me to re-evaluate my service to the Board. Promotion, increased r~sponsibilities and distance have challenged my ability to provide the focus and attention I desire to give to the DBHA. As a result, I will concede to the conclusion of my term of service at this time. I really appreciated working in this capacity and trust that, should I gain employment within the Delray Beach area at some point in the future, I can serve the Board again. Sincere thanks and best wishes to you, the Delray Beach Housing Authority and the resident's I've had the opportunity to serve. /ekh cc: Dorothy Ellington, Executive Director, DBHA C 'CITY OF DELRAY BEACH .J .~:; BOARD MEMBER APPLICATION ~ Please ~.'p¢ or print the following information: I 1. Lasl Name: I 2. Home Address: ' 3. Legal Rcsidencc ', 4._Principal Bu.sines_~ ~ddr?~ss: Home City State State Slate MiddJe lnliia! Zip Code-- Zip Code Zip Code '~6. What Board(s) are you interested i..,serving? / ~l~}~[~ C,W Boards on which you ~c cu~mtly~ming or have previoasly ~erv~: (~lease include dares) 9. Liat an.~ related prefessiona] cemfications and licenses which you hold: 10. Give 3our p~sent, or most recent employer, ~ad position: ~i I. Describe experlen~s, skills or knowl~ge which qual~ you to s~e on ~is b~d. (Plemqe aVmch a brief~sume) hereby certify that all the above statements are true, and ! agree and understand that any n2i~tatement of ma~TL~! facts contained tn ~his applicaUon may cause forfeiture upon my pa~ ~ ~/ ; { No~e: This app~cafion ~1 rem~ on ~e ~ ~e CiW ~k's O~ce ib~ apefi~ of2'y~ 5om ~e date i1~ submi~cd. I~ wJU b~ ~e a~Hc~t"s ~sponsib~iw to ~sure ~t a c~enl application is on file. FEB 0 9 2001 GITY CLERK C JOSEPH M. BERNADEL 2901 CL1NT MOORE ROAD, SUITE 158 BOCA RATON, FLORIDA'33496 Telephone 561 883-3457; Fax 561 883-5465 E-mail: haitimuseum~aol.com; Website: www. sakpase.ne~ OB2ECT~E To promote education and facilitate dialogue on cross-cultural issues, race reconciliation, diversity and leadership among residents of our South Florida community. SUMMARY OF EXPERZENCE Leadership experience as a U.S. Army Officer in increasingly responsible and sensitive positions in The United States, Africa, Asia, Central America and the Caribbean for 22 years, with three years active duty on the Army Staff at the Pentagon. Professional experience as a Senior Military Instructor with emphasis on Performance Odented Training in field and dassroom environment. Experience with all aspects of curriculum development, design and delivery of hundreds of hours of instruction. Global competence as a US IVlilltary Attach6 (soldier-diplomat) in three foreign countries; acquired conceptual and practical knowledge of G/oba/ism as comprising worldwide systems of contemporaneously influential events, options and constraints: the human activity happening around the globe is interconnected and interdependent. Extensive intemational travels and fluency in five languages: French, Spanish, Portuguese, Haitian-Creole, and English. Prudential Youth Leadership National Trainer; received this highly regarded certification by the Points of Ught Foundation. Anti-Defamation League (ADL) Dialogue Fadlitator; a $1.3 Million grant awarded to ADL by the Quantum Foundation of Palm Beach County underwrote the drive to train teachers and students of Palm Beach County schools in anti- bias and anti-discrimination skills. Extensive Community Service commitment in Palm Beach County. Non-Profit management and grant writing experience, as CEO of a Nulticultural, not-for- profit Center. Advocate for Education and Sodal 3ustice. BTOGRAPHY C c. Personal: 3 year resident of Paln,~Beach County; Married 14 years to Victoria; two children Graduate studies in Latin American Studies with a concenb3tion in Caribbean politics. University of Flodda, Gainesville, Flodda. Successfully defended thesis (1992). Bachelor :[n Sciences in Business Administration, Hawaii Pacific University, Honolulu Hawaii (1984) Pn;)fessional accomDlishm~nts: Founder and Co-Director of the Toussaint Louverture Arts for Sodal .lustice High School, a Charter school scheduled to open in Delray Beach in August 2001. Founder and President of the National Haitian Coalition, :[nc. a not for profit organization dedicated to bdnging together the more than 100000 Haitian residents of South Florida. (2000) Founder and President of the .1OD:[ Training :[nstitute, :[nc. a training and management consultancy operating in Flodda. (2000) Founder and Vice-President of the Center for Training, Education and Holistic Approaches, :[nc (CETHA, ];nc), a non-profit 501 c (3) organization dedicated to the training and education of residents of Palm Beach County, using a whole person (holistic) approach (2000). Founder and President of the Haiti Museum of Arts and Culture, scheduled to open in Delray Beach in 2004 as part of the Bi-centennial celebration of Haiti independence. (1999) CEO and Board president of the Milagro Center, a 501 (c) 3 flodda organization dedicated to community development thru artistic endeavors (1999- 2000) Graduate of Focus/Leadership Palm 8each County, an intensive educational program devoted to teaching about the community issues, problems and how the county functions (1999). Trainer in Drug Prevention and Drug Demand Reduction curriculum, with extensive knowledge on how to develop and sustain an action plan for a community anti-drug coalition (1992). Partidpant at the State of the World Forum (Octl-6. 1999) in San Francisco, a gathering of active worldwide community leaders supporting one another in their ongoing efforts to envision and create a compassionate and sustainable global civilization. 2 C Con~)mt~ involvement: 1~ Vice-President for Government/Community relations, Delray Beach Merchants Association, a consortium of minority merchants seeking a voice in the development projects of Delray Beach West Atlantic Ave. (1999). · Hember, Delray Beach Chamber of Commerce (1999). · Member, Steering Committee of the Delray Beach Downtown Business Disl3fict Plan (2000). Community Service: · Director, Lake Worth Community Development Corporation (1999). · Director, Wodd Centers of Compassion for Children, an initiative of Nobel Peace Laureate Betty William to help orphans children worldwide (2000). · Treasurer and Parliamentarian, Palm Beach County Charter School Nliance, a lobbying group promoting the interests and issues affecting Charter Schools in Palm Beach County (2001). Member, Palm Beach County School District, Executive Committee of the Multicultural Task Force, charged with the development of the Haitian- Amedcan Curriculum to be taught in all Palm Beach County schools (2000). Member, Palm Beach County School District, Safe Schools Task Force, dedicated to seeking new ways to maintain our kids and schools safe from violence (2000). · Member, FAU-C~uantum Foundation Uteracy Project, aiming to bdng literacy to Haitian immigrants residing in Palm Beach County (2000). · Member, FAU symposium on ZdenEty, Exile and H/grab'on: Caribbean Culture and Arts in South F/or/da, to be held in March 2001. · Member, Advisory Board of the Haitian-American Educators Coalition, an advocacy group examining issues affecting Haitian students in Palm Beach County (2000). · Member, Haitian Studies Association, a University of Massachusetts/Boston organization dedicated to the promotion of academic research on Haiti and Haitian issues both from a disdplinary and interdisciplinary perspectives (2000). · Member, KZWANZS Club of Delray, a community service organization (1999). · Member, Palm Beach County Cultural Council, Friends of Multiculturalism. A support group for multicultural events in the county (2001). · Nember, Host Committee at the Norton Museum during b~e.lacob Lawrence Toussaint Louvert~re sedes exhibit- (2000).. _ · I~loderator, Colloquium on Outsider Arts, The Levenger forum in Delra¥ Beach - A Palm Beach County Cultural Council sponsored event. (2000) · Member, Community Chat of Delray Beach, a community group dedicated to seeldng, among other goals, peaceful solution to the conflicts between Haitians and African-American youth (2000). · Co-Host, B/ac~ on B/ac~, a facilitated panel discussion with audience participation discussing similarities and differences among people of color and what it means to be Black (:1999). · Team member of Citizens Emergency Response Team (CERT) of Boca Raton, a team of volunteer citizens paramedics organized to support Fire and Rescue authorities dudng pedods of local emergencies (:~999 - Present). · Graduate of C~izen Police Academy of Boca Raton, an :~l-week educational program designed to familiarize dtizens of Boca Raton with the internal workings of the Police Dept. and emergency services. Recent Soeakina enaaaementslDresentations: ·.]upiter High School, Peer trainers (:].0"~ and 1:17 graders) · Lighthouse Elementary, 'leachers (all grades) ·:[ndian Pines Elementary, Teachers Call grades) · Galaxy Elementary, Teachers (all grades) · Palm Beach County Health Care District, Supervisors and Staff · ·Comprehensive Aids Program (CAP), Supervisors and staff · Fellowship for Ethical Humanism, I~tembers and Guests · Abbey Delray I~len Club, Members and Guests C. 4 CITY OF DELRAY BI~AGH BOARD MEMBER APPLICATION ~abmitted. It will be the applic~'s responsibilkyto emmre [h~r a ~ ~pplicsg. on is o~ 6lc. 3. I~ga.], :P~L:Ie~: St~ Zip Code 5. H~e P~n~ Bm~s Phone; E-~~ zo. Li~ ~ rd~ p~~ ~~om 7~ 30¥,:I 687~9qi~7~I95:X¥.q 5tHflJ. IN,Hfl.q qYNI~,XiYD:Y/OHd g[,l 6q:IO iIHZ IOog-tvI-Nflf 1999-Present 1996-19~8 "1915 1989- 1987-1919 1977-= 1183 1972- 19~'7 1965-19~2 1964- 19~5 1959-19~0 1957-195 1955- 195 1954 - 195 EDWARD C. DESMOND 5473 (}rande Palm Cizcle Delray Beach, Florida 33484 (561) 496-3596 PROFESSIONAL EXPERIENCE CARDINAL FLIRNITURE, L.L.C., D¢lray Beach, Florida Owner C.T.P. FURNI~, Stratford, Connecticut Vice President o School Division DMS ASSOCIATES, Fairfield County, Connecticut Management Service Consultant TOWN OF WILTON, Connecticut First Selectman (Elected Office) WILTON PUBLIC SCHOOLS, Wilton, Cormeetieut Director of Management Services WESTPORT SCHOOLS, Westport, Connecticut Comptroller DANB~Y PUBLIC SCHOOLS, Danbury, Connecticut Assistant to Superintendent for Business/Finance SOUTH SCHOOL, New Canaan, Connecticut Teacher PLYMOUTH STATE COLLEGE, Plymouth, New Hampslair¢ Principal of K-8 Laboratory School, and Director of Student Teachlng Supervising Teacher COlqWAY ELEMENTARY SCHOOL, Conway, New Hampshire Principal PINE TREE SCHOOL, Center Conway, New Hampshire Teaching Principal ]983- 19 1972-19 1960-19~ 1970-19' 1966-19~ 1956-19~ 1950-19~ ~7 ~4 2 $ 8 4 OTHER EXPERIENCE Small Business Owner Westport, Connecticut FAIRFIELD UNIVERSITY, Fairfield, Connecticut Teacher of Graduate Courses In Negotiations UNIVERsrrY OF BRIDGEPORT, Bridgeport, Connecticut Teacher of Graduate Courses tn Finance Owner- Real £state/Constructton Bustness Plymouth, New Hampshire Park Commissioner (Elected Office) Plymouth, New Hampshire Precinct Commissioner (Elected Officer) Plymouth, New Hampshire Alternative Representative to House of Representatives from Plymouth, New Hampshire EDUCATION National Association of School Executives University of Bridgeport, C.A.G.S. Boston University, M.Ed Plymouth State College, B.S. PROFESSIONAl. AFFILIATIONS · Connecticut Association of School Business Officials President-Elect 1972-73 / President 1973-74 · Connecticut Association of Superintendents · Conway Teacher Association President I955-56 · Danbury Association of School Business Officials President 1970-71 / 1978-80 - National Association of School Business Officials · Phi Delta Kappa Vice President - Bridgeport Chapter 1972-73 References available upon request. C DELRAY BEACH BOARD M£MBER APPIJCATION 1993 Please type or prLr~t the fo]]owin~ Lnfotmat~on: 2. Home Ackiress: 4. P~dpg Bu~ess A~s: ~ S~ Zip ~ ~. ~ ~ ~ ~o~ on ~c~you ~ ~ ~or ~ve p~ ~ ~l~e ~ ~s) 10. ~ ~ ~d p~essiong ~6ons ~d ~s ~ y~ hol& / I / ~ ' z Note: This application w/Il remain on file in the ~ Clerk's Or, ce for a period of 2 years f~om the date k was submitted. It ~ be the appllcant's resl~slb~ty to ~ t~ a current app]icafion is on Rle. RECEIVED APR 2 3 2001 ~CTI~(3..,~LK~OA~D,~M~LICATION CITY CLERK C BOARD MEMBER APPLICATION 1993 Please type or prim the ~ol~owh~g information: Name. , lvL L ~. ~i~: Randolph Angela D. 2. Home Address: City State 1323 Prospect Street Delmy Beach FL Zi~_44 , (Same as above) Delray Beach FL 3344~. 1191 N, Federal Highway, Ste. #1 Delray Beach FL 33483 279-0377 276-2889 ADR1908@aol.com 279-4885 ht so, where are yo~ rt~istered? 6. Are you a register~ voter? Yes p~Im Bea¢t~ County/City o~ Delmy Be~et~-Pre¢inctWl?2' 7. wl~ Bo~(,) a~ yo~imeresUa in m',~g? Community Redevelopmen! Agency 9. Educationalqualifieazions: Master Degree (Public ^clm[nistmtion) 10. List any relar~ profe,~ion_al certifications and..lice~.ses .w~you. hpld: . . .: National Forum vor u~ac~ I-'UDIIC ^oministrators - Member l~. Give :Four preseag or mo~.._rec~,t. ,m~!ozff, ~ po~oa:. .. ~<anoo~pn ~, uewoney L;onstru~on, Inc./President "12. Demlbe mrperimces, ,I~,'11, or knowledge which ~ you to serve oa ~ board; (Please atzach a brief remme) · Active ~izen from the West Atlantic communit~ (Jefferson Manor Resident) concemefl about the developmenl of Delray Beach. %~/orked with Orange County Govemmen! (FL) MMRB Advisory Board preparing annual reports, making presentations to the Board of County Commissioners and other related task. *Master and Bachelor Degrees in Public Administration ] hereby ce~ th~: all the above stalzm~ts are ~ 9~ll~3qdlundemand that any ~t Of mmmial fa:ts s~~~ ! o4?¥ GLE~K nx~ Nora: TI~ application will remain on file in eCixy Clerk's Office for ~ period of 2 years from the da~ it was ,,--~,.-,J T* ...'11 L..!...~1:-o _.~t. _. ~ .... .'t. : :.-.- .! . . ! ·' ' ' ,~, . nge'[a O. anaro£Fh 1323 Prospect Street Delray Beach, FL 33444 Education Florida A&M University Tallahassee, Florida Master of Applied Social Science Concentration: Public Administration Graduation Date: 12193 University of Central Florida Orlando, Florida Bachelor of Arts Degree Major. Public Administration Graduation Date: 12192 2/97 - Present Work Experien,ce Randolph & Dewdney Construction, Inc., Delray Beach, FL; Pres/dent · Coordinate and oversee daily operations · Negotiate and clos~ all business contracts · Maintain database of clients and principle suppliers/products. · Develop and promote various marketing techniques 11/95 - 2/97 Orange County Agenda Development, Orlando, FL; ~ld~'sory Board Coorgi~or · Maintain and monitor all advisory board actiyities, ensuring compliance with the Orange County Code · Prepare Board of County Commissioners agenda items and assist in presentations · Implement strategies to increase advisory board applicant pool of candidates · Research and prepare the Membership & Mission Review Board's annual report · Assist in recruitment and process applications for prospective advisory board members 6/94 - 11/95 Florida Jobs & Benefits; C~tstomer Service Specia/ist · Set-up and process unemployment claims · Assist individuals in seeki.ng and obtaining employment · Assist in planning and coordination of Human Service activities · Determine the needs of indigent county residents for assistance through interviews · Refer ineligible applicants to agencies who assist in locating/securing aid 10/93 710/94 Wal-Mart Corporation/SAM'S Club, Naples, FL; Operations Manager · Conducted employee orientations, ensuring compliance with company/safety standards · Monitored and provided managerial assistance to employees and vendors · Devised and directed employee projects to boost team participation and morale · Organized monthly departmental meeting Computer Skills Advanced knowledge of the following soft~are packages: Word Perfect (All Versions) " Word Processor Microsoft Word & Excel (All Versions) Word Processor/Spreadsheet Print Master Publishing Suite Desktop Publishing Quickbooks Pro Accounting Activities {~ Honors National Forum for Black Public Administrators - Member V Alpha Kappa Alpha Sorority, Inc.-Charter Member/Past President-Pi Psi Chapter V Parent Advisory Organization for Bar & Ferg's Christian Academy - Vice President ~ FAMU Graduate Scholarship Recipient ~ American Cancer Society, Volunteer V Roots Cultural Festival, Volunteer. DELRAY BEACH ! ~ · BOARD MEMBER APPLICATION 1993 Please type or print the following information: Middle Initial 2. Home Address: City State Zip Code .~,~/,V. ~ /~ ..Ct~ b~,~,~ }/ B~:~c/4 ~z 3. Leg~ Residence Ci~ "' S~te Zip Code 4. Pfincip~ B~iness Ad.ess: Ci~ S~te Zip Code 5. Home Phone: Bus.ess Phone: F~: 6. What Board(s) ~e you interested in se~ing? 7. List ali~ity Boards~ whigh you are ¢uwently s~ing or have previously sewed: (~ease inolude dates) 8. ~u~tional qualifications: 9. List any related professional ce~ifications and licenses which you hold: ] 0. Give your pre~nt, or most recent employer, and position: 1 !. Describe experiences, skills or knowledge which quali~ you to se~e on ~is board: (Please a~ch a brief resume) I ~ereb~ ce~i~ t~at ~11 the ~bove statements are true, and I agree ~ uade~t~ad t~t misstatement of m~teri~l facts contained in this ~ppl/c~tion m~ c~use ~o~eiture upon m~ of~n~ appointment I ma~ receive. ~ ~ ~ ~ IV ~ ~ S EP 2 7 2000 q- a g - o o ~NATU~ M U DATE OITY GLE~K C Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~ITYCLEI~BOAJ~Z)~PPLICATION JFANE'FI~E "JA ¥" SLAVIN 2601 N.W. 10th Street, Delray Beach, Florida, 33445 Telephone (561) 272-0490 Retired Administrator, Alumni and Clinical Faculty Office Albert Einstein College of Medicine MEMBERSHI PS AND ACTMTIES 1987-present: Acti~)e n~nbcr office Notch Year Senior Citizens Co~mtittee 1991-prcseut: Ac.five in thc movement to reduce pres,irons for s~fior citizens auto htsurance covexage 1991: Appointed by Governor La~on Cldlcs to thc Florida Advisory Council for thc Depamnent of Elder Affairs 1990: Participant iu fine Legislative Conference on Public Housh~g, Washington D.C. 1990: Rccipicut of"Prime Timc" award from Palm Bcacln Cotmty Area Agcacy on Aging 1990. Speaker of House of Rcprcscn~ativ~ of the Florida Silver-Haired Legislature 1989. Received Mayor's Rccogaition award for "Outstmtding Service to tlc Cit3' of Defray Beacl?' 1988- Appointed Conmtissioncr of thc D¢iray Beach, Florida Housing Authority 1985-1987: Guest lecturer for Brandeis Unfiversit3' Womcas' Club 1990: Established Thmzksgiving and Christmas donations of toys mid food for migrmtt workers' clfildrcn called "Helping Hm~ds", v,-lfich is still going on today 1994: Succeeded in getting re/'uads from Soudicm Bell on their mahltcnm~cc plan fee for thousands of subscribers in Pahn Beacln Count3, 1995: Succeeded itt getth~g property appraiser's code d~lgcd for atta&~ houses ~e, suRing itt refunds and raluccd property tax. 1995: i:.S.H.L, award for outstandh~g aclfievema~t - 1996: 1.4xi, the efforts in successfully possi,g the 25 cent phone call dmrge flora all of Bwward Count3' to all of Pahn Beacln County with no thn~ limit by convit~cing the Public Service Conunission to use Southern Bell's reserve fm~ds kdnown as "over-eamhngs" 1997: Led thc effort to successfully prevent thc buildiqg of a recycling platt in l~lmy Bea& 1997: Attended as a delegate for Area 9 (Pahn Beadl County) to tlc first Natio~ml Congress of Silver-ltaltcd Legislators in Washington D.C, on February 8-14, 1997 1997: Recipient of"Prhnc Time" award flora thc Pahn Beach County Arm Agency on Agh~g 1997: F.S.H.L. Meritorious Award Medal - 20th Anniversary 1998: Writes a monthly colunm hn Elder Update, newspaper of thc Deparhnent of Eider Affairs. RECEIVED 1999 Won victory for passage ofbill excluding wage earning loss premium on car insurance (under P l P). S£P 2 ? ~OOO 1999 Worked victory for two stop false p om e[TY CLERK 011 sweepstakes victims of mailed notices - there was s three million dollar settlement. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~..L_ REGULAR MEETING OF JULY 24. 2001 APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD DATE: JULY 20, 2001 The terms for William Branning and Diane Borchardt win expire on August 31, 2001. Ntt. Brarming has served two full consecutive terms and is not eligible for reappointment. Ms. Borchardt was appointed March 20, 2001 to fill an unexpired term, she is eligible and would like to be considered for reappointment. Attendance records are attached. The term is for two years ending August 31, 2003. To qualify for appointment, a person shall either be a resident of, own property, own a business or be an officer, director or manager of a business located within the City. One member shall be a registered architect, one member shall be a registered architect or a registered professional dvil engineer, and one member shall be a landscape architect or a person with expertise in landscaping or horticulture. The following individuals have submitted applications for consideration: Mayer Abbo John Baccat/ Diane Borchardt Christopher Brown Salvatore G. Coco (incumbent) ~lr~c~ tltlll& 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the {onowin~ infotmagon: iism 2. Home Address: City State Zip Code 4. P~apg B~ i~: a~ ~z/~: ~ ~ Zip ~ 5. H~ePhon, B~essPhone: E-~~: ~Pho~: C~) F~: Ceal) 1 6. Are you a registered voter? Ii' so, where are y. op reg;iste~? . 8. List all City Boar& on which you ~ cun~ ~rving or have l~-Viou~ ~ (Ple~ ~lude d~tes) 9. Educational qmlifi~o,,~: . ' - 01" 10. List any related professional cenificarlons and licenses which MAYER ABBO ARCHITECT AND ASSOCIATES, INC. AAOOO~142 l~uyer Abbo Archit~ ~ Associa~ provides · unique blend of design excellence, t~chnologica] support and personal ~tention that lm built the firm's success in satisfying the needs and expectations of its clients. The company's main goal is the pursuit of excellence in design, through a personalized service that is on schedule and within budg~ Using CAD applications and advanced technolo~, systems. Mayer Abbo Ah:hitecl and Associates assures the most efficient and practical design solutions. The rum has completed a number ofhigh-end luxury homes, multi-family residential projects, interior space planning and tenant im~t designs which r~flect/ts oommiUllelll tO the highest quality muglards. Mayer S Abbo, founder and principal tvchilect of the firm, received · Master of Architecture degree from the Massachusetts Institute of Technology and a Bachelor of Design in Architecture degree from The University of Florida. He is a member of the American Institute of Architects (AIA) and is also actively involved in numerous community organizations. Mr. Abbo focuses in giving his c]i~ts the best of services and a clear vision ofthcir individual projects. Comprehensive services provided by Mayer Abbo Architect muf Azsoclate~ include: I MAYER ABBO ARCH/TECT AND ASSOCIATES, INC. AA000~142 EDUCATION 1990-1992 MManehmem Ismltnte of Tedmoiogy 1986-1990 UMm~ of FlnrMa STATUS" I Sate of Fio6da AR - 0016289 · ;'ORK EXPERIENCE · Vs~ious old Flo~d, style custom homes in the FT. Laudetdale, FL. water f~ont community of Rio Vim. · The Shlesinger tesid~ at Foxe ~, Oelny Beach FL- · 7,000 sq. ft. 2 story high _,ma Meditetnnetn style custom home in · lushl7 tropical l-acre plus lot. · The Betget r,,,~h.,,,-, it Foxe Chue, Oelny ]~,~1, FL. a 6,000 sq. ft. single stoz7 cout. tTnzd style home. · The M~]e~ nmidence in LaJte ~[/otth FL- n 4,000 sq. & 2 stray IW~ne~ stTle cma~ home ov~look~ the inamcoaml MAYER ABBO ARCHITECT AND ASSOCIATES, INC. AA000514~ ~ to the historic Caclet Hote] witch hcnx~ such m u ~ GaMe during the Second World Wa~. PROFESSIONAL MEMBERSHIPS & ACADEMIC AFFILIATIONS -' 4 · The ~ Xnstitut~ ofAxr, hitt"cts · TI~. National C. oxmcil of Atv. kitectm~ Reglsmation Boamt · M~ Al, mini Association of ~ ~ ~ · Palm l~ach AIA 355 N.E FIF'TH AVE., ~JITE7 DELRAYBE.ACt',,I, FL 33483 TELEPHONE 6,61.272,0703 FAC,~ILE: M1.2'?2.4~4D WWW MAYERA~3~d~CH.COM IdAYENIMA~CH.COM 3UH-13-~ 15:[~5 P.82/~3 BOARD MEMBER APPLICATION Please type or prizg thc following infon:nati,on: iL. Last Name:: Bacc&:l 2. Home Ad.ess: 112 1~., e. 1st Avenue '3. l.csal Re$idence 41 Principal B~sinet~ Add'ess: 5. 1/omc None: , 243-0055 John Delra¥ Beach City Bus,ess Phone: 6. Whet Boa~d(s) a~e you intcr,,_sted ia serving? State State Zip Co~c 3]444 Zip Code" Zip '7 Lig~lCityBoardscm Which youarecurrcndyse~iagorbavep~viously~e'rved:Oaleaseinclud~d&ms) Board of Adjuecment - 199~-1993/1995-~gesent-tegm e~t~es.8/31/O0 Board of Construct~onAppeals ,8..Educ~ti0nalqualifica~onS: ' B. ~. tn archlcecture, Syracuse lh~/verstcy 9. '£ist anyrelated profetaiofla] certificatio~ and licenses which you hold: l~eglster_ed architect; ~tnera, 1 Contractor and Licensed State Inspector 10. Give your present, or most recent employet~end position:' ~' ~ . ~ l 1. De_scrUbe e.xp~.e~oes, skills or'knowledge which qua]fly you to sgrve on Uxi~'" boa-d: (Pleas-' attach a brief rcsu~) hereby certify that all the above statements are true, and I agree and understand that any mi]:~tatement of materfal facts contained in this application may cause forfeiture upon my part JUN 1 3 2000 CITY CLERK .'U1+-13-2808 13:47 $61 243 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION the loll, inforn~on: 4. 5. Home Whit Bo~d(~) Code ~¢ you mc cun~fly servin$ or ~vc i~r~]~ ~ly I 10. Oive your_.omr~l~ ormott l~E~nt ?mploy~r, and pos~ion: . i 1. D~ribe experien~es, skills or knowlcdse which qualify you to serve on ~hi~ bo~'d: (PI~ s~tach · brief resurne) I hereby Ce~'ffy that all the above sta£ement$ are true, and · agree ang ungerstand that any misstatement of material facts con~lneg In ~his application may cause Yort~/t~re upon my part tof any __ .~._ I' '"' D app/grl~tm~ ent roce[ve. ~~ SEP 22 2000'~-~". 'T~'~ ';; - Note: Thil N~plic~tion will zem~n oa ~~ ~~15 ~ for a ~od of 2 y~ ~m ~e ~ il wu sub~. It ~11 ~ ~e ~pH~t's ~nsibiH~ to ens~ ~ u e~ ~pli~on ~ on PROFESSIONAL £~4PLOYM"KNT Diane E. Borchardt, AICP ~2S Heron D~ 561-393-'/959 ~/) $61-2~2-1 June ] 995 lo present b~*¢h ]992 June 199~ SENTOR PLAN]q'ER, CITY OF BOCA I~ATON, DEV'ELOPMEHT SERVICES, BOCA ILATON, FLORIDA. Respon.~'biliti*s include: · Reviews, prep~es, and proccs~.~ land development and l~nd u~e appUc~ions · Presents findings and recommendations to the Plepnln$ and Zoning Board and City Council · Researches and drafts code amendments · P~pares tech~c~l studies and repons · Heavy contact with the public on a daily basis regarding zx~ning regulations, ocxupmional licenses, and naive land me petitions · Prepares new Conservation ]~lenm~t oft~e Coal~reh¢i~$ive Plan fo~ thc Evnltmtion & Appraisal Report including new goals, objectives and poU¢ies, and dn~n and anaJysL~ · Design, development a~d ~nplementation of new Pl~ud~g & Zoning Dep~tmcn~ computer n~cking system · Acting Planning & Zoning D~tor in the absence of thc Planning & Zoning Director ENVl~ONIVlENTAL PLAN'NING OFFICER, CITY OF BOCA RATON. DEVELOPbIKNT SERVICES DEPARTMENT, BOCA RATON, IrLORI]DA. ResTonsibilitie~ included: · Environmental analysis and approval of all cornnJe~cial and mtdtLfamily sites including sites desil/~ted oousezvMion and environmentally sensitive · Management plan developmen! and activities fo~ aH publicly o~ed environmanta]ly sensitive pl~.~ewes · Monitor ell private preserves · Liaison with City desi~ated boards and ¢ommJnec$ and Count) and Sta~¢ agencies pertaining to environmental i$~oes · Developmen! and processing of aH municipal envb omuental leg, idation April 1991 to December 1991 PLANNER VI, OFFICE OF IOtPID TRANSIT, CITY AND COUNTY OF HONOLULU, HAWAII. Respomible for the time]), productjoB of the Fhm] F..uvironmcntal Impact Statement for the Honolulu Rapid TI'ails|! Project, an 18-mile ~ rail. elevated guideway rail system, for the Island of Oahu. Iteq~ons~ilities included: C · Pvalmtion of nil ewdronmental impacts September 1989 to May 199 ] September 1988 to July !989 Sune 1984 to December 1987 determination of mitigative measure effex~ivencas, alignment ~ac~t ~ impact ~ysls Land ~ mml~ls for ~]ble jo~ dtv~opment Developmem ofM~no~ndxm~ ofA~ ~ ~e Dep~em of~e Na~ for e~ive to~c ~ste ~up I~LANNER V, £NVIRONMT. NTAL AYF.A.DLS BR.A.NCI:L DEPd~RTMENT OF IA.ND UTILII. ATION, CITY A=ND COUNTY OF HONOLULU, lt. AW,~12. Responsibilities included: - Development ofwetlands legislation for the Island of C~u · Development o~ Oahu seawall inventor7 procoss and · ICeview and evaluation of developme~ ia Ihe Special Maaegemeat Area (SMA) and Shoreline Setback Area · Hearings office and staff plntmea' for SMA and Shoreline Setback Variance (St,r) public hem'ings · Make presentations Io community and legislative groups · Review and evaluation of Environmental Impact Statements for accurate and thorough documentavion of envitonmemal issues and compliance · Preparation of vecommendatioas fo~ the Depnrm~ent to City Cotmcil · Taugh~ envitoamemal portion of a college course oft~-ed to ~e public · Supervised two other planners in ~ division lqq. O;YECT MANAGER, DHM INC., HONOLULU, IdAWAII. Responsibilities included: · Determination and evaluation ofwoject impacts relating to environmental, aocio-e, conon~tc ~d l~d ~ ~u~ for ~ ~de v~e~ ofproj~ (s~ n~ch~ U~) · ~oducfion of ~'o~tal ~~ ~d ~m~l impa~ ~t~nen~ T~ely pr~s~ of~! appropriate ~pli~fio~ s~i~ desi~ ~c~, developm~z plm~ STUDENT AND FELLOWSI~IP COORDINATOR, SC'HOOL OF i~WAIIAN, ASIAN AN1) PArC S~D~S, ~ERSITY OF ~W~. ~lud~: £DUCATION May 1985 Augu,~l 1976 .~unc 1974 I'ROF£$SIONAL ,~,FFII.IATIOI'VS Master~ - Urban and Regional Planning. University of Hawail- Mauoa M~ters * Polilical Science. University of Hawaii-Manoa Bachelor of.Arts - Peyc. hology. Univeredty of Hewait-Menoa · /uric. titan PlanneFs Associa6on · .~ducrican Ins~imLa ofCe~r/fi~.d Plaanors · International Asso¢ia~on of East-West Center Alumni, Honolulu, Hawaii · Nuisnnct Aba~ement Bom'd, Chairperson, Cily of Delrny Beach REFI~ILKNCE$ Furuisht. d upon re~:lU~C f BOARD MEMBER APPLICATION 1993 Please type or print the following information: State Zip Code 4. City., _ / ' _ _ '_ State Zip Code __ Home Phone: .~-~/Z ' ~.~-~- 6. What Boa~d~s),~ you i.te~ 7. List all Ci~ Bd~ds on which you ~ c~ntly ~ing oihave p~viously ~((Pie~e include ~tes) ~. ~u~tiona] qualifi~tions: 9. Li~ ~ rcla~ed prof~si6nal ~iHcations ~d li~n~s w~ich ~ou hol& 10, Giv~ or most 1 l. ~scd~ ~en~s, skills or ~owl~e ~ich quali~ you to ~e o~is ~:~i~~ a ~ef~sume) I he~~~at all the above statemen~ a~ t~e, and I ag~ and unde~tand that any ml ~ atedal fa~ ~ntai ' ' ~ation ~use Cl~ CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. .~ul-ll-01 13:55 COCO & COCO, PA 561-276-4470 DELRAY ~EACId BOARD MEMBER APPLICATION 1993 2OO1 P.02 ~oo~ tln, ~st a~¢ z~cd pzofe~sio~ c~ficadon, ~ud ~c~ ~ch you hold. F11 Gtv~ vo~ p~escn[ or mint zeccnt mpl~a, and poduo~: 12 D~¢nlx c.xpetmnc,:s, sk~ils o~ lmo~.'lcdgc ,s, hich ~l~lify you co se. two os, this bcr~,-d: ('Plc~se ~t'~cb .-s bactcresu~e) RECEIVED JUL I 1 2001 CITY CLERK COCO + COCO, Salvatore G. Coco Principal · l~achelor of Architecture, 1987 ~ffiliafi0ns: · American Institute of Architects · NaUonal Council Architectural Registration Board · Florida, Architecture and mtertor Design / 1996 · New York, Architecture / 1990 Salvatore G, Coco has a liletong exposure to the construction and design professions. Past experience has ranged from multi-story luxury residential projects, nursing homes, educational facilities, public libraries, commercial buildings and aviation projects, These experiences began at Coco & Baldassano Architects, a predecessor firm established in 1965 by Salvatore Coco, Sr. Later as Associate Architect in one of the Nation's oldest architectural firms he concentrated on public educational design including several public libraries and the associated construction documents. This included coordination with consultants and user groups in order to achieve a comprehensive and clear set of construction documents. A well-planned facility cuslornized to the user constructed in local techniques, completed timely and ~ budget was the successful objective. Since 1995 Mr. Coco has worked on several large-scale multi- disciplinary airport developments projects. This included the Project Management of over one million square feet in design and construction over a lour-year period totaling over ~?.50M in construction budget, He also led the thirty-person Coco & Coco, P.A. team which acted as the Architect & Owner's Representative for the $75M Addition and Expansion to Aeropuerto Imemacional Reina Eleatrix in Aruba, Dutch Caribbean. These experiences included an overall ability to understand the needs of different users, agencies and tenants. All of these entities were integrated into these multi-functional airport facilities. Well-planned phasing of design and construction enabled continuously operating facilities throughout these construction projects. Knowledge of buildings, systems and co(les related to the life, safety and welfare of ff~ public was essential to the success of all these endeavors. The fully developed understanding of these processes is the cornerstone in the successful development of any building project. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: I. L~sL.~ame:: Name Middle Initial 2. Home Address:t City State Zip Code 3. ~g~ Residence Ci~ State Zip ~de 4. P~cip~ Bm~ess Ad,ss: CiW State Zip Code 5. HomePhone: S~ I-~- Sq~ B~aess~/-~.~ 6. What Bo~d(s) ~e you inte~ed in ~i~g? . 7. ~ist all Ci~ ~oe~s on which yo~ ~ c~entl~ ~ing or have p~iously s~: (Pi~e include ~tes)' ' ~.~tional qualifi~tions: Lia ~y ~lat~d ~rof~ssional ~nifi~tions ~d li~.lei which you hold: 10. Give your p~sen[ or mo~ ~nt employs, ~d ~sition: hereby ce~i~ that all the above statements are t~e, a~d I agree and unde~tand that any Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. 1999-~e. sem 1998-1999 1995..1996 198.$.1989 1985 . Janine Dabney-Battle Delray Bea~, Fi.., 3,3445 Fax 561.637.8176 Home Phone 561..637-6776 Ltaens~ Mortgage Broker, lhe Addison Mon~ge Grmtp Top producing Senior Loan Officer Sl I 1VEdlion in closed loan fi]es year -to-date. Loan include residemia] conf'~ non=conforming, VA and :FHA as we~ as Specialist h hotel/motel, hr'se ~ and ~ mb:ed use. departments. Rasponm'ble ~or the pricing and sale of'qmlk" loan Mle,. Aathoriz~ to employ super~on ofund~wr~,,a loan ~ loan cio.~.g ,nd Ix,st-cJo,~_ deparments. and brokers. Acted as · liaison between Mid-Leve~ and ~enior Mana$~. Mo,'rp~e Training & Piacanent C. em~ 2, R.ea] Team R=tlt~ n, Key Biscayne D~Major, BSBA/n F/nance andrea/Ease, Oh/o ~tate Un/v~ · Board Member, Delray Pocks Youth Orpnizafion · V'w,e Chair & Board Member, Dekry Phoenix, Inc. · Member, Delray Beach Chamber of Coamq~ e,' Member, Florkla Anochfioa of ~ Brokers · Member, National Association of'R~altors · Member, Boca Raton Clmnber of Commerce · Member, ~ Beac~ Chn/~ of~ · lVlember, ~ Rm] Estate Women · Member, ~ Park Elementary ~A · Wembaqxxm Cmmac~, selfser~ ntt wash · Como Apmn.~ 24 unit aparUn~ b,-'M;,,g · Jasmin ViJla, 28 unit beachfront motel · P, aflexions ruminant CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 3. Le~ ~si~.~ce: ~ S~ 4. Prb~ ]k~eu Addrus: ~ Sure L~ ,a ~]~b on ~l~ch~ curru~ oer~s ~ heyc ~ ~z~L (Ple.e in~u,b ycn~ ~rese~_, or rnos~ rec~x cmpl~, --J l~S~on: MAY 0 7 2001 CITY CLERK 3120 N.W. 15~ Street Delray Beach, Fla. 33445 April 25, 2001 Dear Ms. Warren; I have received your guide to advisory boards and committees. I have read it carefully and it seems to me that only a limited number of openings will be av, ailable. I am interested and have enclosed my preferences below. ~ite plan and appearance Board Planning & Zoning Board I think that my background experience in business in New Jersey would be valuable to board service. I would be happy to discuss this with you and see if what I can offer would be appropriate. I think the City should consider a new committee to address the needs of senior citizens and frail elderly. There should be a resource center for the seniors to get information needed about city, county and state and federal agencies available to them. I recently took the Senior course given at the Delray Police Dept. with Officer Skip Brown and found it educational. I also have completed the leadership course at the Area Agency on Aging and am a public speaker for that group. We must address the seniors current needs. If you want to reach me for further discussion, please call me at 561-272-0330. Leonard Eosfien .- ~ ~ __ _ _ -- ------..---~,-,,, '-~f Temole Anshe~ Shalom:~;'~a¥ ~each. aelegat& to the AlZiance o~ ~elra~ Association. past Boar~ member of the South Palm B~ach Jewish FEderation, Chairman of Fame17 D~v~$~ox~ of Fe&ers~on, psst Boar~ member of the Donna Klein Jewish Day School. Pa~t Boar~ Mem%er of ~Ainber¥¥ ~avo ~elr~v Beach BOARD MEMBER APPLICATION Plca.,,¢ b'pe nr print the following information: Code l~i.~t all Cdy ltoa,-ds n,, which you are currently Serving or have previously served. (l;'Jetse include date.q~ I F.d u~arionaLaua I, fik-dtions' · o. L:.q any ~,.'ia~ed professional ¢¢rtificatioos mid licenses which y~m hold: { lO~h'e xnur prt-,ent, or most ,'e<ent e~loyer, {1~ ~sition: ' (.7I hereby certify that al~ the above statements are true, and I agree and understand that any ~ ;,ssta:e~men~ of material facts con~ainel~l~ ~t?j~-~ll~on may cause forfeiture upon rny part " ....... '"~"--'~dM .x,~ ~ ~ ~ JAN 2 5 2001 s -- k 1% ( ~Iote: This a?plication v,~ll remain on file inthe City Clerk's Cr~fie¢ for a peri~l~f2 years from the date it was submitted It will be the appliemat'$ responsibility to e~re that a etu;en! application is on file. DELR~Y BEACH BOARD MEMBER APPLICATION 1993 Please type OF print the follow~ information: 3. Legal Residence City Principal Business Address: Home Ph, one: What Bom'd(s) axe you interested in sm'ring? c~ Business Phone: Code Enforcement Board & SPRA~ State Zip Code S~ate Zip Code 7. List all City Boar_ds on which you are cun=eqtlY serving or have previoasly served: (Tlr. ase include dates) , 0 9. List any related professional certifications and Ucenses which' you hold: "i0. Give )'our present, or most recent employer, and position: "11. Describe experiences. ~kilis or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that ali the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part SIGNATURE DATE ~ote: This appUcation will rernnln on file in the City Clerk's Office for a period of 2 years from the date it wu~ submitteA. It will be the applicaat's respo~l~ E:~t a current application is on file. DEC 0 ] Zooo CiTY CLERK 03.16.00 TT'E L0.32 F.4,E,. 3el. 2.1,3 3??4 CZ.TY *;L.EX.T 199~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Plea.se type or print ~he f. ollov~s infonn~n: L Last H. ame.:: I l~ame ! lC, ~. Lesal l~.sidence , Cit~ Miodl¢~ tnid~l' J. Zip 4 Principal Business Addr~s: ' I City . "' Zip Code iS. HomePhone: ~6~ ~7'?.- ~"~ · 6. Wl~at l~oard(s) i,, sc~ving? ~ you ~m~restcd , i 7, List all City Boards on which )'ou a~ ¢~y serv,.n~ ~r hive pre~.migy servod: (Please in¢ludc d&:es) : 8. Educ~ionsl qualific~m: ' List any .related pr~Iissioml certifications and licenses whic~ you hold: C Z hereby certify ChaC all the above s~a~ements are Ut/e, and ! ag~Fee and understand t;haC any misstaCement of material ~acts con~ained In this applicaUon may cause forfeiture upon my pa~ I~ATF. · ,~T~-'r~i'.,'apptication will z~main on file k-t r. be City Clerk's Office for a period of 2 years fzom the da:e submit-,~i, h will be the applicant's responsibJ!i~ to ensure that a currant application [s on filc. RECEIVED HAY 1 6 Z0Ol CITY CLERK JAMES C. I~.&VNEY ARCmTECF Mr. Keavney ~ been ~e~g architecture in the StMe of Flmida since 1986, reeentlyjo'ming Eliopoulos & Associates having been associated with Mr. Elioponlos at a prior firm. EDUCATION: UNIVERSITY OF MIAMI Mama, F~or~ AR~~ ASSOCIATION London, Engbnd Bachelor of Architecture, 1986 Student Exchange Program, 1984 REGISTRATION: Certified: Florida 13894 NCARB: #AR 0016878 Mr. Keavney bas an extensive portfolio of experience and knowledge pertinent to project management and multi-discipline team coordination for a variety of project type~ His experience with local, municipal and federal agenci~ in the areas of code research and interGn'emtion, construction document development, project implementation and ability to coordinate with a multitude of consultants insures that each project is delivered with optimum efficiency and thorough detail with Some of the .many projects that Mr. Keavney has managed include the Brickell Station Riverwalk, an historic renovation in FL Lauderdale; numerous commercial renovations and resmura~ such as Roadhouse Crfill, Miami Subs, Friend's Caf~ and Little Mermaid are a few of the recent jobs homes throughout south Florida as well as in the New England area. Other local commercial jobs include the new Tampa Electric Office in Jupiter Park of Commerce, the White House Restoration in Delmy Beach and the Delmy Beach City Hall renovation. James C. Keavney 2934 SW 22"' Circle, Unit B Delray Beach, FL 33445 Home: 561.272.8356 Office: 561.276.6011 ~lim Keavney is a registered architect in the Stnte of Floricht He studied architectttm at the University of Minmi and was selected to study at the Architecttnl Association in London, England for one year as part of an exchange program. He received his Bachelor of Architecture f~om the university of Mi~ and has been worlcing with architecture firms in South florida since 1986. Some of the firm~ he has been employed at include Edward D. Stone Landscape Architects, Jeff Falkanger & Associates Archit~, Quincy John.son & Associates, and Robert G. Currie Architects. He is currently employed at Eliopoulos Architecture. Some of the many projects that Sim has managed include The Bdckell Station Rivetwalk, a historic renovation in Ft Lauderdale, and numerous commercial renovations and restaurants such as Roadhouse Grill, Miami Subs, Friend's Cai'i, and The Little Mermaid are a few recent jobs that ~Iim has managed. In addition to these local restaurants he has designed and managed custom homes throughout South Florida as well in the New England area. Other local commercial jobs include the new Tampa Electric office in Jupiter Park of Commerce, the Whitc House historic renovation in Delray Beach and the Delray beach City HaH renovation. Jim is a current resident of Delray Beach and works in the city. His goal would be to pursue an active position in the wesetvation and well being of this city. DELRAYB~CH ® BOARD MEMBER APPLICATION 1993 Please type or print the following information: State Zip_ Code 3. Legal Residence: City State Zip Code 4. Prindpal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: ~ Phone: Fax: 6. Are you a registered voter? ];,,~ If so, where are you registered? 8. Liu all City Boards on which you are currently serving or have previously serv~ (Please in&de dates) 10. List any related professional ceadfications ~nd licenses which you hold: 11. Give your present, or most recent employer, and positiom 12. Describe experiences, slulls or knowledge which qual~ you to serve On this boar& (Please at',ach a brief resume) I hereby c.e~'tha, all the above statemmts are ttu~e~lag~'~e[~i~nderstand tha~ m~y misstatement of material facts // Note: ~ ,plication will remain on file j :e for a period of 2 years from the date k was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~ClTYCLEI~OARD~PLI CATION Associates, Incorporated JOSEPH A. PIKE, P.E., CFEA Mr. Pike is president of FDA and has over fifteen years of experience in civil and environmental engineering. His daily respons~ilities include the management and completion of individual engineering, permilling, and environmental cleanup projects. Mr. Pike is a Florida licensed Professional Engineer as well as a ~ed Florida Environmental Assessor. He has performed numerous Phase I and Phase II Environmental Site Assessments related to property transfers and refinancing. His Storage Tank related experiences include supervising the mrnoval and closure of many aboveground and underground fuel storage tanks. For new or retrofit installations, he has designed a number o~' underground storage lank systems as well as secondary comaimnent systems for large-scale /ank farms. His site investigation and remediation experience also includes; performing ground water and soil investigations for the delineation of contaminated soils and ground water, development and design of remediation programs for contaminated sites and implementation of the remediation projects. Mr. Pike has been involved in the emergency response efforts related to several aircraft accidents on both coasts of Florida. Mr. Pike also has extensive experience in Site Plmming and Civil Engineering. His past accomplishments include: Designing, permitting, and providing construction oversight for parcels within large-scale planned unit developments. Lead permitting engineer on major projects in Palm Beach County and Martin County. Designing and permitting of County and State thoroughfare roadways. He is well versed in dealing with a multitude of agencies on the Federal, Slate, and Local levels for the permitting of wetland and other environmental concerns. He has successfully obtained permitting for a wide range of specialty projects including marina dredge-and-fill activities, navigable canal construction, wetland avoidance, wetland mitigation, large-scale hydric soils restoration, and installations waterward of the Coastal Construction Conlxol Line. He has also coordinated projects involving jurisdictional determinations between multiple agencies. Ma'. Pike has represented local governments and private clients in mediations related to engineering defects and environmental issues. He has represented Palm Beach County Roadway Acquisition Department in developing reasonable and fair land prices for eminent domain proceedings. Mr. Pike's Contracting License and construction Imckground provide a depth of field knowledge not typically found in design individuals. This background is relied upon in his construction observations and construction administrative tasks and has proven invaluable in 298 Pineapple Grove Way · Delray Beach, Florida 33444 Fax (561) 274-8558 Phone (561) 274-6500 the past when timely field decisions have been required to keep a construction project moving forward. BACKGROUND: BS, Civil Engineering, University of Florida, 1985 Professional Engineer, State of Florida ~42696 Certified General Contractor, Florida Registration #CCK2042072 Florida Certified Environmental Assessor Registered Environmental Property Assessor ,tlllJ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 ?1~¢ ~e or p~in~ thc followi~ infor.~o~ ! '11. Give yo~ ~e~ or m~ ~ ~p]~, ~ ~ ~~ ., , HAY 3 0 2001 ~tecL tt v~l be the ~plic~'s reSl~o~i~o curare ~ a ~z~ ~pplic~tion is on file. JEFFREY SILBERSTEIN, PRINCIPAL EDUCATION: Pratt Institute and Clark University, Architectural Degree Harvard University Graduate School of Design, June, 1989 Harvard University Graduate School of Design, July, 1996 CERTIFICATION: Registered Architect: Florida EXPERIENCE: Silberstein Architects was founded in 1990. We are a small firm with a reputation for innovative design and delivering projects within budget and on schedule. This is evident as we continue to work with repeat clients and referrals generated by our reputation. Our success evolves as we assist clients in defining project goals well before suggesting solutions, a process that creates a full understanding of objectives before ~nsformation into reality. As principal of the firm, Jeffrey Silberstein is widely recognized for his design achievements. Whether a large in~tutional complex or a small interior renovntiort, Mr. Silberstein's designs are ricl~, and simple. Jeffrey Silberstein's commitment to quality and his patience in achieving the best possible designs are evident in the many awards he has ,. won. His solutions, which seem obvious and simple, are the result of diligent effort. Mr. Silberstein has practiced architecture, both nationally and internationally for over 20 years with a list of prominent architectural firms and projects to his credit. He has been associated with many building types, including educational facilities, office buildings, interior office and residential renovations, museums, an galleries, religious facilities, residences, mixed - use developments and commercial projects. The American Institute of Architects has singled several of these commissions out for special honors. Mr. Silberstein has served as, a guest writer for the Hartford Architectm~ Conservancy and The Palm Beach Post, a critic member of the Works of Art Committee of the Boca Retort Museum of Art, a member of Junior Achievement and on the Boca Raton Community Redevelopment Agency Task Force on The Grace Commission. LIST OF PROJECTS: Boca Raton Community High School, Science Addition end Master Plan, Boca gaton, Fl. AIA Award for excellence in Design Florida Atlantic University, College of Education, Boca gaton, Fl. Hunt,£1ementary School, Coral Springs, Fl. Harfd Conservatory, Boca Raton, FI. Temple Israel Early Childhood, West Pahn Beach, FI. All - Star Academy & Sports Camp, Dell'ay Be, ach, FI. Temple Bet Emet Early Childhood and Grades 1,2 &3, Cooper City, FI. MUSEUMS: Museum of Modern Art, Scoul, South Koze~ AIA Award for Excellence in Design. The Gallery Center, Boca Raton, FI. .Mortkami Museum, Deiray Beach, Fi. SPECIALTY PROJECTS: West Regional Courthouse, Plentatio~ Fi. B'nai Torah Congregation, Boca Raton, Fl. Temple Israel, West Palm Be~ch, Fl. Boca Raton Mausoleum, Boca Raton, FI. Temple Bet Emet, Coope~ City, Fl. ( Current ) Temple Israel, West Palm Be, ach, Fl. (Current) LIST OF PROJECTS: OFFICE BUILDINGS: Bank of Nova Seotin, Ctwacao, Netherlands Antilles Presidential Circle, Hollywood, Fl. Winner of many design awards. Trammel Crow Corporate Headquarters, Boca Raton, Fl. W,fMK Studios, Boca Ratort, Fl. AIA Award for Excellence in Design. NCNB Bank, Boca Raton, FI. Over 500,000.00 square of office space planning for Henderson Mental Health Center, WR Grace, Trammel Crow, Gampel Organization, Panther Realty, and other corporate clients. Spectrum Office Park: Two Phase 45,000 s.fOffice Building, Ft Lauderdale, Fl. Sirs Inc., Delray Beach, Fl. Silberstein Architects, Delray Beach, Fl. AIA Award for Excellence in Design, 2000. · COMMERCIAL/RETAIL PROJECTS: Hertz Service and Rental Facility, Windsor Locks, Connecticut. ALS, Award Boca Valley Shopping Center, Boca Raton, Fl. Key West Espresso & lee Creem, Key West, Fl. Lltiman Jewelers, Bonnire, Netherlands Antilles. Littman's At The Plaza, Bonaire, Netherlands Antilles tlttman's, Bonaire, Netherlands Antilles Peppercorn's Cafe, Key West, Fl. LIST OF PRO~ECTS: HOTELS & RESORTS: Paradise Village Tulip Hotel, Curacao, Netherlands Antilles The Hamlet Resort, Bonaire, Nelherlands Antilles Avila Beach Resort, Curacao, Netherlands Antilles MIXED USE PROJECTS: Union Station, Hartford, Connecticut Pineapple Place, DeL-ny Beach, Fl. One Young Circle Condominium Tower, Hollywood Beach, Fl. Sirs Office and Retail Complex, Delray Beach, FI. INTERIOR ARCHITECTURE: Beeker Residence, Bo~a Raton, Fl. A.LA. Award 1999 Foght Residence, Bonaire Netherlands Antilles. A. LA Award 1997 Agardy Residence, Boca Raton, FI. Katzev Residence, Bonaire, Netherhnds Antilles Green Residence, Boca Raton, Florida Simon & Simon Law Of TJees, Deb-ay Beach, Florida WJ-MK Studios, Boca Raton, Fl. AIA Award for Excellence in Design. LIST OF PROJECTS: National Custom Homes: Custom Homes Wyeliff Country Club: Custom Homes Governor's Walk, Delray Beach, Fi. ( Current ) Neal's Market, Delray Beach, FI. ( CLUTent ) Clark Residence, Les Jardins, Boca Raton, Fl. Hakkenberg Residence, Bonaire, Netherlands Antilles Featured in Caribbean World Magazine Foght Residence I, Bonaire, Netherlands Antilles AIA Award of Honor For Design Fogbt ResMence H, Chicago, Illinois ( Current ) RJehman Residence, Delray Beach, Florida .Littman Residence, Bonaire, Netherlands Antilles Kttzev Residence, Bo~ire, Netherlands Antilles Gardenia Place Townbouse Community, Lauderdale By'l'ne Sea, FI. One Young Circle Condominium Tower, Hollywood Beach, FI. Andrews Residence, Ocean Ridge, Florida Andrew's Residence H, Ocean Ridge, Florida ( current ) Tlektin Residence, FL Lauderdale, FL (current) Schlleht Residence, Boca Raton, FI. (current) LIST OF RESIDENTIAL PROJECTS CONTINUED RESIDENTIAL: l,usiter Residence, Bonaire, Netherlands Antilles Botman Residence, Bonaire, Netherlands Antilles Epst,ein Residence, Weston, Florida Green ResMence, Boca Pa:on, Florida lqneapple Phce, Delray Beach, Florida Schmler Residence, l~lFay Beach, Florida (current) CtrJbbenn Blue Condominiums, Bonaire, ]qeth~'lands Antilles ( CLerent ) · q~lp* BOARD MEMBER APPLICATION Please type or pri~ ~c follow'j~g informazion: ~. ~ Address: CbT. S~ar~ Zip Code -5. Le~l Residence: ~ St.e ~p ~e 4. P~p~ B~ss Ad&~s: ~. S~ Zip ~e 5. H~e Phone: J B~ss Pho~ E-Mail: ' ] F~: 8. Eddca~a qt~carions: ' ' . ' 9. ~ my rd~eJ profe.ioml ~~ ~ ~m~s ~,~& you hol& Note: This application ~ll remain on ge in the City Clerk's Office for a period of 2 years from the d~te k was submitted. It ~11 be the ,pplic~.t's responsibility to enmre rahata current application is on fde. RECEIVED FEB 2 3 2001 CITY CLERK EDUCATION IL Mieh~ Sim~ Jr. 314 Northw~t 16th Str~q, Delr~y B~elk Florkl~ 33444 Hm (~61) 279-0~6 Cell (~61) ~73-898~ SteUon University - Dcland, FL Bachelor of Arts- 1987 l~ior- Sociology PROFESSIONAL EXPF.~ Fi~.NCE Tauflello & Comptny Res] ~ Delray Beach, FL July 2000 - Present Realtor Sales, marketing and representation of residenthl and commercial properties in the Delray Beach, G~l~qtrcam, Ocean Ridge, Mana]apan, Boynton Beach find Boc~ R,uton arezs ranging in value from S29,000,000 - $50,000. Respons~lc for priclng~ market amdysis, advertising and sales of property for Selling clients as well as JC DeNiro htmmtioul Realty, Delray Beach, FL 2uly 1999- July 2000 Realtor Sales, marketing and ~aresenmtion of residential and commercial properties in the Delray Beach, Gulfstrea~ Ocean Ridge, Manalapan, Boynton l~ach and Boca Raton areas ranging in value from S20,O00,O00 - 50,000. Responsible for pricing, med~et analysis, advertising and sales of property for Sel!!n~ clicnts os wort ~s Buyer representation during purchases. Investment Equity Commtctlon, Manahpan FL ~uly 1999 - F~m'y 2000 MarAeting Director Responsible for creation and implementation of all mark~ing mat~iah and sales of over 60 million dollars in properties for oceanfront Developer Frank McKinney and $C DeN'm) lntem~oflal Real Estate. Duties included production of the company's web-site and all printed advertising, as well as acting as Realtor and representative for all available properties City of Delray Beach, D~h'ay Bmu~ FL October 1998 - July 1999 Affordable Housing Adminiswator Adminism~on of all Federal, State and City homeowner purchase assistance programs. Respons~ilifies inclucl~i program implementation, budget, performance, compliance and annual reporting. Management of contracts and agreements associated with the City's housing programs. Coordinate parmetshi~ with local govo'nments, lending institutions, non-profit agmcies and Reaitor~. Attend community md City of Delray ILuch, Delray Beach, FL October 1996 - September 1998 Acting Con~,nunlt~~mm(Coordlnator Served m Division Head respom~le for management, compliance, planning, budgeting, implementation and reporting for all Federal, State and City grant programs. Admlni.~xation of grants focusing on homebuyer purchase, homing rehabilitation, infrllstnlcq~commtmity projecls and social service organ~Tstlon grunt monitoring. Fostered partncr3hip relations with lending institutions, non-profit agencies, Realtor3 and title.companies within perimeters of program goals. Attended community and board meetings Progr~n Spec/a/~ Responsible for the overall implementation, eligib'flity md managmnent of the State-funded SHIP Program alon~ with assisting in the phnninL coordination and ,~-ting of ali other housing program activity Ihmma Contractors, he., Delray Beach, FL October 1992 - May 1995 Execfm'Me Ass/sMn:/Projec~ Smpovbor Assisted in Rind Estate ~c, qulsition~ development and expediting for 0omme~ial and residential genre'al oontracfing firm. Adminislrati~ of Imsin~,~/pm~nal domestic and intematiomd fimmcial account~. Project SuperviMr of local re~il/office omte~r and Rmidenfial Con.ftruction Field BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last Name:: 2. Home Address:_ 3. Legal Residence 4. Principal. Business Address: 5. Home Phone: 5~0 6. e City State State MSdle Initial Zip Code Zip Code State Zip Code Business Phone: I Fax' I What you interested in Board(s)_~e se~g? . List all Ci~ Boards on which you a~ cu~ently se~g or have p~viously se~: (Ple~e include ~tes) $. ,Educational qualifications: . __ , 9. List any related ptof~ssionaTcertifications and license~vhich you hold: " 10. Giv~ yo~rpresen~ or most ~eent employer, ~d position: 11. Describe experiences, skills or ~owled~e which quali~ you to se~e on ~is boa~: (Ple~e a~h ~ brief ~sume) I he.by ce~i~ that all ~e above s~ents ~re true, and I agree and unde~tand that any misstatement of mate~al fa~ contained in this appfi~tion may ~use foffeitum upon my pa~ of any appointment ~ may ~ive. RECEIVED · MAR: 1 7 2000 DATE Note: This application will remain on file in thb4li[yZCk'&~ ~31~ice for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~-TI'YCI. I~K~IlO A.RI~A~i~CATION -~-01-2~ 1 12: 46PM FI~OM $ I L GI~OUP + 1 ~ 1 ~,26 ~2~ 1 CITY OF DELI?AY BEACH BOARD MEMBER APPLICATION 199~ P.! submk~ecl It will be the applicant's responsibility to ensure that a current application is on ~e. RECEIVED HA~ 0 l 200! CITY CLERI~ MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM o/~j_ REGULAR MEETING OF JULY 24, 2001 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD DATE: JULY 20, 2001 Jean Heinly-Bamer, a regular member serving m the layperson posmon and Josh Srmth, Jr., a regular member serving m the engineer position have both resigned from the Code Enforcement Board (see attached letters). This creates a vacancy for a regular member to fill Ms. Hemly-Bamer's unexprred term ending January 14, 2002 and Mr. Srmth's unexpired term ending January 14, 2004. Also, w~th the death of Martin Bellsey, tins creates a vacancy for an alternate member, serving m the layperson positon, with term ending January 14, 2002. With the appointment of Anthony Veltri as a regular member, tl-ns also creates a vacancy for an alternate member, filling posinon of real estate person, w~th term ending January 14, 2004. All members of the Code Enforcement Board must be residents of the C~ty. Appointments to both regular and alternate member positions shall be on the basis of experience or interest m the fields of zoning and building control. The regular and akernate membership of the Board shall, whenever possible, include an arclutect, a business person, an engineer, a general contractor, a subcontractor, and a realtor. The following persons have subrmtted apphcations and would like to be considered: · Roger W. Cope · Robert Desjean Bernard Federgreen · Mark Gregory · RussellJennmgs · Benl Kruger (archttect) (mortgage broker) (business person- currently on BOA -term expires 8/31/01) (sign construction) (contractor) (planner) A check to confirm that all are registered voters was completed. Also, a check for code molations and/or municipal hens was conducted. None were found. The order of appointment will be as follows: · Commissioner Perlman · Commissioner Archer · Commissioner Levmson · Commissioner McCarthy (Seat #1) Regular member/layperson/term ending Jan. 14, 2002 (Seat #2) Regular member/engineer/term ending Jan. 14, 2004 (Seat #3) Akernate member/layperson/term ending Jan. 14, 2002 (Seat #4) Alternate member/real estate/term ending Jan. 14, 2004 Recommend appointment of two regular members with terms ending January 14, 2002 and January 14, 2004, also two alternate members with terms ending January 14, 2002 and January 14, 2004 respectively. boardcomrmsmon memo code board 7 24 June 15, 2001 Via Fax (561) 243-3774 Original by Regular Mail Patricia Warren Board Liaison Officer Ci.ty of Delray Beach 100 NW 1 ~ Avenue Delray Beach, FL 33444 Re; Delray Beach Code Enforcement Board Dear Ms. Warren: Please accept my resignation fxom the Delray Beach Code Enforcement Board, effective immediately. My husband and I have moved fi'om our Delray Beach home and closed on a new home in Boynton Beach this morning. Our new address is; 760 NW 10a' Court Boynton Beach, FL 33426 Phone: (561) 740-073g I have enjoyed serving on the Code Enforcement Board and previously the Nuisance Abatement Board. Hopefully, I will be able to serve my communi .ty in Boynton Beach in a similar manner. Sincexe .ly, // /~WorkPbone: (561) 381-3484 RECEIVED JUN ! 8 2001 CITY CLERK TOTRL P.O1 OE,/2L~/2gDZ Z~): 57 5&14'3E',953L~ SMITH P~GE B1 Via f~c.~imile O~r M~. Warren: !! I~ with regret that I tender my re~natioa from the Code Enforcement Board, effecMve as of June 30 ;L~01. I have been by-pa.~ed three tlme~ for the board of my flrsl preference reflected by my Initial application in favo~ ot irtdivlduals who ol:)viouMy me much better qualified than I. That has led me to iog~cally ecmelude that pe~apa I am not qualified eaough to serve on any of the cit3~ various boards, RECEIVED JUN 2 0 2001 CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 19q ~ Please ~'l~ or prin! fl~e following i~orm&fio~- '3 Legal List ~'~,13, B~ds on ~ich you am c~onlly ~g ~ have previously ~ , · ,x 0o~ ~rc.~elll. Ol il. $~ i~ccnt cmpIo)~, auld posllion: ..... '1 ; ~ere: o; ~n ce~fy th, t ell ~bmJn'ed. It will )ve $~ernents are true, and I agree and understand that any - 8o. too , · ,~' . 'CITY GCER~ J ARCHITEG'[6. INC. O, 5., ~n 06/94: 06/86 to 05/92: o.~. g3 to 08/83: Career Obiectlve To promote the concur of Architecture, Interior Design and Facili .ty Planning and Manasement and all they encompass through accepted philosophies.which recognize the influence of the built environment on human behavior, producnvity and organi2ational a~;hievements. E-~_ zri~l, ce Bio, land, Bouck & [~e, Inc. Engineers and Scientists 185 N. W. Spanish River Blvd., Suite l l 0 Boca Raton, FI 33431-4230 407 750-3733, ext. 255 R. J. Heisenbottle, Architects 340 Minorco Avenne, Suite 10 Coral Gables, FL 33134 305 446-7799 Cope Architects I Private Practice ) 1174 S. W. 5th Street Boca Raton, FI 33486-5 i 80 407 368-5180 Barretta and Assoctates, Inc. 1001 Yamato Road, Suite 301 Boca Raton, F! 3.t431 407 ~97-5660 Rehler, Vaughn, Beary & Koone, Inc. 1250 N. E. l.oop 410, Suite 800 San Antonio, Tx 78209 210 733-3535 The Breig Partnership 411 6th Street San Antonio, Tx 78215 5 } 2 22 7-8043 1/4 .4 r Cll # Cctural Liaison: ~firecmr, F. P. & Dirccsor. F. P. & 1~.: Proic~ f Archit¢ct' .' :. · ,i,,n Management A$$1Mant: Project .4 r ch ttect: P~,'i"" Dcsigner: $~Aeet~t Proi¢ct$ Three Glacier Creek Park 61,425 sq ft. expansion of corporate headquarters SyTacuse, New York 1994-95 Blasland, Bouck & Lee, Inc. 12,500 sq. fi. tenant improvement Boca Raton, FI 1998 Blasland, Bouck & Lee, Inc. 1,600 sq. fl. remote office Denver, Co 1995 Blasland, Bouck & Lee, Inc. 1,400 sq. ft. remote office San Francisco, Ca 1994 Thomas A. Edison Middle School Complete D.C.P.S.B. renovation/restoration of ciW block Miami, FI 1993-94 Sugar Sand Park Greater Boca Raton Beach Tax District Boca Raton, Fl 1992-93 Sporting Club Boca Raton 68,000 sq. fi. athletic thcility Joint venture with Kisho Kurokawa Architect & Associates Tokyo, Japan 1988-90 The Atlanta Sporting Club 80,000 sq. ft. athletic facility. Joint venture with Kisho Kurokawa Architect & Associates Tokyo, Japan 1987-89 J. P. Taravella High School Addition 12,000 sq. fi. free-standing science/general classrooms Coral Springs, F! 1988 2/4 Project Coordinator/Job C~ptain: Pt, :c, .~ 3fannger: Project Designer/ArcAitect: · 4 s ~, ;. :,: n t Project Dtsigner: Job Captain: Project Designer: · electtd Prqiects. continued Jefferson National Bank 3,000 sq. ft. interior finish-out lt. Lauderdale, F! 1987 College of Education, Florida Atlantic Universi~ 90,000 sq. ft institutional facility Boca Rmoa, FI 1990-92 One Tumberry Place 155,000 sq.R. ni~e-story class A o~ce building Aventura, F! 1986-89 City View 228,000 sq. ft. ten-story speculative office building San Amonio, Tx 1986 Coca Cola Remodeling Phase Il 10,000 sq. fr. administration space plan San Antonio, Tx 1985 Stewart Center Complete exterior renovation of re, ail shopping strip San Antonio, Tx 1985 Park. side 35,000 sq. fi. speculative office building San Antonio, Tx 1984 The Northwest Atrium 90,000 sq. ft. speculative office building San Antonio, Tx 1984 Landmark 35 Business Park Multi-building office/warehouse San Antonio. Tx 1984 3/4 CEU's: Bachelor of Architecture Design Spea:ialization, May 1984 Texas Tech IMiversity L~bbock, Tx Continuing Educational Units (CEU's) Introduction to AutoCAD 13 for Windows Art Institut~ of Ft. Lauderdale Ft. Lauderdale, FI ¢ol/egia/e: A.$.C. ! A.I.A. Associate Studont Chapter /Am~ican In~itute of Architects Texas T¢¢h Uniw-rsity Charter meml~r of Delta Chi Frat,m~' Texas T, ch Univorsity De~'s Honor List Texas Tach Univ.rsity Professional' Licensed Architect, State of Florida Registration No. AR 0013552 N.C.A.R.B. National Council of Architectural Registration Boards File No. 42,846 I.F.M.A. International Faciliw Management Association South Florida Chapter A portfolio as well as personal and/or professional references are available upon reqvest. ® BOARD MEMBER APPLICATION 1993 Please type or print the following information: 3. ~gM Residence: ~W Kg State Zip ~de 4. P~dp~ BusMess Address: ~W State Zip Code 5. Home Phone: BusMess Phone~/E-M~ Ad&ess:~O~ ~ Phone: ~/ F=: ~/ ~ ~5a_az~ g ~. ~ 990 ~ og des4 ~ 2~-2~ 8 ~-~~ 6. ~e you a rendered voter? ~ If so, where ~ you re~i~er~?_ ~ 7. ~t Bg~d0) ~e yo9 Mtere~ed ~ se~g? Plebe ~ M order of preference: 8. ~ ~ ci~ Bo~ on w~ch you ~e ~en~ se~g or have pre~o~ se~e& ~le=e ~clude ~tes) ~10"e. h~~. my related~ofession~~~ce~ifi~fio~s~/e ~md ~nses~, ~~whch you~hold: l~Give yo~ p~sent, or most re~nt employer, ~d position: 12~escfibe ~v~ences, s~s 9r ~owledge wN~ ~ you to se~e on ~s bo~& ~se aaach a brief ~e~e) I here~ ~e above ~atements ~t~~ {~ ~d ~r~md ~at my ~s~atement of ~tefi~ Dm ca=e ~ a ~ t ~ s 2n~ ~/~/ DATE nITV ~LERK nlTV ~ Note: This'application will remain on file in~tle Cig for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCLERK~BOARDkAPPLICATION Resume of Robert Desjean Personal Home Address: 910 Banyan Drive, Delray Beach, FL 33483 (Since 4/15/89) Date of Birth: February 24, 1958 Marital Status: Married to Cathie Lee Desjean since 11-26-83 Children: Robert L., Jr. and Leslee Dianne Education: High School: Cumberland High School, class of 1976 College: Rhode Island Community College, class of 1978 (A.D. Business Admin.) Johnson & Wales Business School Employment: 11/83 - Present East Coast Finance and Mortgage Co., Inc. 75 N.E. 6~ Avenue, #201, Delray Beach, FL 33483 Position: President Mortgage Lending/Brokering with emphasis in equity type transactions dealing with the placement of both private and institutional equity mortgage transactions and the servicing of Sallie. 11/81 - 11/83 Position: President Same duties as above Babcock Mortgages 2240 Palm Beach Lakes Blvd. West Palm Beach, FL 33407 Professional Designations and Awards: Certified Residential Mortgage Consultant (National Designation) Certified Mortgage Consultant (Florida Designation) 1987 Broker of the Year, Florida Assn. of Mtg. Brokers Palm Beaches Chapter 1988 Broker of the Year, Florida Assn. of Mtg. Brokers Palm Beaches Chapter 1988 President, Florida Assn. of Mtg. Brokers Palm Beaches Chapter 1989 - 1993 Legislative Chairman, FL. Assn of Mtg, Brokers Palm Beaches Chapter 1985 - Present: Numerous Committee Appointments on both a State and National Level. Civic: Kiwanis International: Active Member 01-99 - 08-00 Rotary International: Active Member 08-87 - 01-99 Rotary International (Delray Beach Sum-ise), President 1993 Rotarian of the Year 1993 Paul Harris Fellow: 1993 Licensed Foster Care Provider for New Born Infants since 1995 Member, Saint Vincent Ferrer Catholic Church, Delray Beach, FL 1999 and 2000 President of the Tropic Isle Civic Association Palm Beach County Citizen's Advisory Board (2000) Palm Beach County Republican Executive Committee (2001) United States Coast Guard 100 Ton Captain's (Master) License ,~., .~v.m,~. m! ~ CITY OF DELRAY BEACH ;11;: BOARD MEMBER APPLICATION 1993 Please type or print the followin~ information: il. ~ Name: I Nme 2. Home Address: ~ City J 3. Legal Residence City I ~' ~i~cip.,.~=____~. ^ddt.: city State State Zip Code Zip Code Zip Code 5. Home Phone: (..~/) ~,,~. _ ~' oR I5 Business Phone: 6..ti/hat B~oard(s) are you interested in serving? 7. List all City Boards on which/you are ct~rrently serving or have previously/served: (Pldgge inclulte dat6s) - ~,Iducational qualifications: e ~k;~j~e/ wv'u , ~o~ ~/~ ?~ ~~~; ~ ~I~ ~,~,~,~ 9. List a~y/elated professional cenif~ations ~d licen~s which yoi hold: lO..,Oive.your present, 9f most recent emnloyer, and position: 1 i~/AffX.~scribe experiences, slulls or knowledge wJlich qualify y..gu to serve on thii boa~: (Plea~ ~h a brief resume) I hereby certif~ that~all the above statements are true, bnd I agree and understand that any miss~ of material ~ contained in this application may cause forfeiture upon my part of any~l~ointYnenJ~ma~ P6ceive. I . - ~ ~ .-..:-...-~: ..... BOARD MEMBER APPLICATION Plen.,,e type or print the followin~ info. nation: '~ Last ! ~ HomcAddress: . ;. c~a. Residence i 4. Pfincip~ Bu~hw~s : ~ Wi~t Boar&s) ate you intezes~d in ~rving? , ~ Code · ;' ~'~...s:, d-.e eqmrie~ce~, skills or tmowledge which q~fy yog~o ~e ~ ~is ~a~: ffi~ ~h ~ bfiefms~e~ ~ I hereby ce~ify th~ll the ~ove stetemen~ ere true, ~nd I eyree end un~ersten~ C~et ~ny ff N{ss~ate~e~ of m~terial f~cts conteine~~~on mey ~use ~elture upon my part 7~ C,.CLERK DATE Thi< a?plication ,*gl remain on file in the CiD' Clerk's Office for a lnfi¢~l~f2 years from the date it was submitted It will be the applicam's responsibility to en.,aa'e that n eurrem ~plicafion is on file. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Hay. ~1 2001 12: 1OFq'l Fr2 ~ o,12 N~n~ o " i S:a~e Z~ Cod~ ~qq,.-I Zip ~ Zip Code RECEIVED HAY 3 1,2001 CITY CLERK Memo To~ David Harden, City Manager Lula Butler, Director, Community Improvement July 19, 2001 Delray Beach Housing Authority/Property Acquisition ITEM BEFORE THE COMMISSION: City Commission approval and authorization to partner with the Delray Beach Housing Authority to acquire a 3.08 track of undeveloped land located just south of Carver Estates between Southwest 10m and 8th Streets. The Authority in partnership with the City will facilitate the construction of approximately eight new affordable houses for first bme homebuyers qualifying under the established very Iow and Iow-income (at or below 80% of area median) guidelines for families. The Authority is requesting that we advance the $250,000 projected as the purchase price for the land. Staff is recommending that we use a portion of the revenues generated under the HOPE 3 program for this initiative. BACKGROUND: The City of Delray Beach received a $430,000 grant under the HOPE 3 program in 1996. These funds were provided to acquire and rehabilitate ten (10) HUD insured foreclosed properties for first time homebuyers. Federal Regulations 24 CFR 572 governing this program required that we sell the units at the improved value. The Community Development staff successfully completed the acquisition, rehabihtation and sale of 10 units and generated $408,609 as program income. These revenues may be used to facilitate homeownership opportunities for eligible very Iow and Iow-income households. The balance of these dollars are set aside for the property acquired and located at the northwest corner of Swinton Avenue and 10th Street for the City's affordable housing initiative. The Housing Authority has several families that are participating in their Family Self-Sufficiency Program that educates and grooms residents for homeownership. This program is designed to transition families out of Public Housing into homeownership. The Authority is scheduled under its approved five-year plan to receive capital funds at $250,000 per year beginning with their 2002 fiscal year. Thus, they are proposing to replace our dollars at that time, making them available to fund the infrastructure to the site. RECOMMENDATION: Staff is recommending that the City Commission approve the partnership between the City and the Delray Beach Housing Authority to acquire the 3.08 tract of land as referenced above and to jointly develop a site plan and the construction of affordable housing for the City's very Iow and Iow-income eligible families. Further, the commission is asked to authorize the use of our existing HOPE 3 funds in the amount of $250,000 to assist the Authority in the acquisition of this property. Staff will be responsible for ensuring all formal agreements are in place and that the expenditures of these dollars comply with the applicable regulations for the HOPE 3 Program. , DELRAY BEACH HOUSING AUTHORITY 770 S W 12th TERRACE * DELRAY BEACH, FLORIDA 33444-1396 * (561) 272-6766 -- FAX (561) 272-7352 -- TDD (561) 265-1434 June 28, 2001 Ms. Lula Butler Director, Department of Community Improvement City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Subject: Acquisition/Bridge Loan SW 10th Street Property Dear Ms. Butler: This is follow-up to our conversation regarding the acquisition of a 3.08 acre undeveloped site located contiguous to the Delray Beach Housing Authority property between Southwest 10th Street and SW 8th Street. You have indicated that you would be willing to partner with us on a project that would include affordable housing for moderate income homeownership, therefore we are requesting assistance from the City of Delray Beach in providing bridge financing in the amount of $250,000 to purchase this property. Our HUD-approved Five Year Plan includes a plan to acquire property through our Capital Fund program at $250,000 per year for three years beginning April 1, 2002. However, we are now in a position where it is important that we purchase this property sooner than planned because of market conditions. The owner of the property has indicated that there are two potential buyers for this property one of whom has offered far more than what our appraisal indicates the property is worth. Therefore we are preparing to hire a specialized attorney to pursue the acquisition immediately. Thankyou for your willingness to workwith us. We would appreciate a written letter of commitment that can be shared with the Board of Commissioners at their July 12, 2001 meeting. Please call me if you have questions regarding this request. Sincerely, DOROTH~ELLINGTON Executive Director RECEIVED JUL - 2 2001 COMM. IMP. ADMIN. II 6TH ST. TRONG CENTER $.w. 7TH ST DELRA Y FULL SERVICE CENTER AUBURN · TERR. SO. 4TH __ S.W 8TH AUBURN CIRCLE NORTH HAITIAN CA THOLIC CHURCH AUBURN CIR. S. DELRA Y BEACH MEMORIAL GARDENS STREET S,W. 6TH ST S.W 7TH ST S.W. 8TH CT. S,W. 9TH ST, N CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT DELRAY BEACH HOUSING AUTHORITY -- DIGIT',4L ~45£ ~ SYEI'EM -- MAP REF' LM538 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, Community Development Administrator~-'~ Lula Butler, Community Improvement Director July 18, 2001 Section 108 Loan Guarantee Program - Application Submission & Approval of Terms and Conditions ITEM BEFORE THE COMMISSION City Commission authorization and approval to submit a Section 108 Loan Guarantee application in the amount of $1.5 million dollars to the Housing and Urban Development Department to assist with the Atlantic Grove 4.6 acre mixed - use development project that will be constructed within the West Atlantic Avenue Redevelopment Area. BACKGROUND On June 19, 2001 the City Commission gave final approval for the submittal of the Economic Development Initiative (EDI) grant application of $300,000. Pursuant to the EDI grant application, a request for new Section 108 loan guarantee funds must be used in conjunction with the proposed economic development project. Therefore, the City of Delray Beach will be requesting $1.5 million in Section 108 Loan Guarantee funds as part of the Atlantic Grove mixed - use project, which will include the development of retail, and office space, condominiums and townhouses. Each component of the development will be for sale. The EDI grant funds will be retained by the City and used to pay the interest on the Section 108 loan during the first two and one-half years, depending on the interim lending rate at the time the funds are drawn down. USE OF SECTION 108 GRANT FUNDS The Section 108 loan request for $1.5 million dollars will be used for property acquisition ($1.309 million) and for other eligible soft costs ($191,000) related to the development. The land costs attributable to the commercial development is $189,000 for the condominiums, $379,500 for the residential and $740,500 for the commercial space. The uses for the Section 108 and EDI funds are consistent with the criteria under Section 24 CFR 570.208 (a) 4(1) - Activities benefiting low- and moderate - income persons. The proposed Atlantic Grove project will generate approximately 151 new jobs. TERMS OF LOAN The Section 108 funds will be loaned to the developer, Atlantic Grove Partners, LLC. The Section 108 repayment will be for 20 years, but the funding will stay in the interim status during the period that the various components are being sold, as there are no prepayment restrictions on the funds. The City will have a second deed of trust for each parcel and will grant partial releases as the townhouses, condominiums and commercial units are sold. To the extent a portion of the commercial space is retained by the developer, the amount of Section 108 funds attributable to those units may be repaid over the full 20 years. PROJECT FEASIBILITY The CRA had a detailed market analysis done by Marketek to determine the demand for office and retail. Reinhold P. Wolff Economic Research, Inc., was hired to determine the market for "residential for sale units." The development group also had market research done by the Center for Urban Redevelopment and Empowerment at Florida Atlantic University. The Marketek study determined that retail demand could absorb 400,000 square feet of retail over the next 20 years, with a demand of 100,000 square feet in the immediate five years. The study also concluded that 20-25% of the absorption could occur in the West Atlantic corridor or 20,000 to 25,000 square feet of retail space in the near term. The office market demand is for annual absorption of 74,000 square feet. The study concluded that the West Atlantic Avenue area could absorb 20-25% of the demand or 14,800 to 18,500 square feet immediately, with annual growth increasing to 30,000 to 40,000 within five years. Each commercial building will have 11,220 square feet of office space on the second floor. Overall office space vacancy in Delray Beach is only 5% and no other new office space is planned. The proposed Atlantic Grove project retail and office space for the commercial building is priced at $14.00 and $16.00 per square feet annually. This compares to $20.00 to $30.00 per square feet for retail and $17.00 to $20.00 per square feet for office space a few blocks east of the project. The project feasibility is enhanced as the two buildings will be phased based on the market and the initial building will commence construction when pre-leasing covers the debt service. The total development cost of the project is $16,227,495.00. As part of the project feasibility and underwriting analysis it was determined that the development pro forma had the appropriate debt service reserves for private financing for the project. In addition, the project team has capacity and experience to carry out the development project. The HUD funds are critical to the success of the project. This project is located within our CDBG target area, and it will exemplify the commitment of the City to improve the more impoverished areas of our City and provide new jobs and housing opportunities. RECOMMENDATIONS Staff is recommending the City Commission authorize the submission of the application to participate in the Section 108 Loan Guarantee Program in the amount of $1.5 million dollars. The Commission is also asked to approve the terms and conditions put forth in this transmittal and the attached letter from Mark Briggs, the contracted consultant. Mr. Briggs will be at the meeting to expound on the terms and conditions negotiated and to answer any other questions the Commission may have. Attachment MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM /0/~ · - REGULAR MEETING OF JULY 24, 2001 PUBLIC HEARING/BLOCK 28 AND BLOCK 36 (ATLANTIC GROVE) DATE: JULY 20, 2001 At the June 19m Commission Meeting the Public Hearing amending the Community Development Block Grant Program (CDBG) 2000-2001 Annual Acuon Plan to include the submittal of the Economic Development Initiative (EDI) Grant and the Secuon 108 Loan Application for the Atlantic Grove mined-use development project was held. At that trane Commission unanimously approved the Annual Actaon Plan and submittal of the EDI Grant, however the Secuon 108 Loan Application was continued to a date certain of July 10t~ and subsequently July 24th to resolve the terms and conditions satisfactorily. This has been completed. Recommend approval of the subrmssion of the application to participate in the Section 108 Loan Guarantee Program in the amount of $1.5 million dollars, and approve the terms and conditions put forth in the transmittal and attached letter from Mark Briggs, the contracted consultant. RefiAgmemol 4.Sect~on108Loan.07.24.01 June 20, 2001 Ms Lula C Butler Community Improvement Director City of Delray Beach 100 N W 1st Avenue Delray Beach, Ftorida 33444 RE: Scheduling Dear Lula I have attached rny letter outlining the structure for the Section 108 Loan Please let me know if you think it should be modified before providing it to the Commission Regarding the next Commission meeting, 1 assume you know that when the BEDI/EDI deadlines approach we go on a virtual seven day a week schedule for about two months Needless to say, when the last deadline passes, vacations are in order and mine is set to go to Alaska for a week leaving the evening of July l0th and returning on the 17th I thought the Commission met on the first and third Tuesday, and assumed the next meeting would be July 3rd I was prepared to be available for that meeting if necessary It was not until the Commission meeting that I learned that this meeting would not be until July l0th I should have known, however, that the schedule might change the week of the 4th of July We have two choices Either you can decide that the attached letter is enough of an explanation and go forward on the l0th w~thout me, or the Commission could continue the hearing to the meeting on July 24m when I would be available We have no urgency on st,bmitting the Section 108 Loan, so you can decide which optton serves you best I would like to know as soon as you decide so I can to get advanced tickets, which are always cheaper than without much notice I assume you were fabulous at the All American City competition and came away with the award If'not, the organizers of the process blew itl MEB ee Attachment delra5 beaclt butlcrO MARK BRIGGS & ASSOCIATES, INC. Sincerely, Mark E Briggs President RECEIVED JUN 2 200l · ,,.,,,,.v,. Jtm'.,AOMJN. 505 N. Tustm Ave. Suite [[5, Santa ^ha, CA 9=7o~ - 17141 550-0390 - Prot, tdtn,~, Serf',ce to the Pubhc and Prtt,ate Sectors Sznce 1974 June 20. 2001 Ms LulaC Butler Community Improvernent Director City of Delray Beach 100 N W l't Avenue Delray Beach, Florida 33444 RE: Section 108 Loan Structare o./Lien Against Land Dear Lula The development team for the Atlantic Grove project has proposed revisions to their program that modifies the total commercial square footage, adds construction of condominiums on the top floor of the commercial buildings and a sales program for the commercial as well as all the resldenual space This letter outhnes how the security for the Section 108 Loan can be structured under the proposed new development program The reformation m this letter builds on mformanon provided m my letters to you dated May 12th and June 15th 1. Flexibility in Section 108 Loan Repayment As noted in my previous letters, HUD provides the Section 108 funds to cities ~n two different ways depending on when the city needs the funds The Section 108 funds come from Pubhc Offerings, when HUD assembles bet~veen $300 and $800 mdlion in Sectmn 108 Loan requests HUD ther! uses national underwriters to handle the sale of the Section 108 notes The Pubhc Offering occurs about once a year, with the next one scheduled for August 9th When the Pubhc Offering occurs, the interest rates are fixed for the term of the repayment of the notes With the fixed rate, est rate HUD is able to pro~,lde the city with the exact payments due on August 1" and Febmal.-y 1'~, the dates of the semi-am'mai Secuon 108 Loan payments However, since the Public Offerings only happened about once a year, cities often need the funds earlier than the next Pubhc Offering To meet that need, HUD has an agreement with Chase Bank to provide interim funds Chase charges variable interest on a quarterly basis at 3-month LIBOR plus 20 basis points Today the 3-month rate ~vas 3.75% Normally a city would use the mte,'m~ funds fi'om Chase only until the next Pubhc Offering, at wluch time the interim funds xvould be paid off and the interest rates would be fixed There is no reqmrernent, however, of a ctty to request that HUD place its interim financing m the next Public Offering In fact. a city may keep the funds in the interim status fbr the full repayment term MARK BRIGGS & ASSOCIATES,-INC. 505 N. Tustin Ave. Suite zI5, Santa Aha, CA 92705 - 17~41 550-0390 - fax {7~4~ 972-832t - mebrtggs~earthlink.net Prot, tdtng Sert, tce to the Publtc and Prtvate Sectors Stnce 1974 Ms Lula C Butler June 20. 2001 Page 2 There are two considerations regarding whethel a city would move tile funds from interim status to a Pubhc Offenng Once funds are placed in a Pu hb!~c__Offermg, there can be~.~no prepaylnent of the Sectmn 108 not~.~gntll the 10'h ~'ear Therefore. if the city received funds ro'f"f'Gi~sales proceeds prior to the 10ti' year tt &of, Id have to put the funds ~n a defeasance account until the l0th year and pay tile apphcable interest on each of the semi-annual Section 108 payments It ~s likely that the amount tile city would earn on the investment accounts would not equal the Section 108 interest on the various notes Therefore the c~ty would have to pay the negative arbitrage, which ts the difference between the interest charged on the Section 108 notes and the interest earned on tile investment account There is no proh,h,t,n,, o~ prep_~_yment_.gf the Interim funds_fmm_ghase Bank Any pnncipal amounts can be paid when the quarterly interest payments are made---Yliat~ts well w~th the proposed modification to the plan for Atlannc Grove We have always proposed that the Section 108 Loan structure be ,nte,'est only for the first two years and that we use the Economm Development Inmanve (EDI) grant funds to pay the interest during that period and }lave some EDI funds avmlable beyond the two years If tile sales program is accomphshed m tile first two and one half years, then the total Section 108 Loan would be repaid from the sales proceeds If it ends up that a portion of tile commercial building is not sold, but leased and the development team decades to keep that port,on of the commercml budding long term, then the outstanding principal amount of the Section 108 Loan amount would be repaid over the remainder of the 20 year term. but could st~ll be prepaid at any time, should tile leased pomon eventually be sold If at any t~me during tile remaining repayment term ~nterest rates begin to climb significantly. the city can always tell HUD to include the remaining notes ill tile next Pubhc Offering. tlleseby fixing the rate, est rate for the remainder of the tram 2. Security for the Section 108 Loan When tile Atlantic Grove development team starts construcnon on the project, it must have an approved subd,vlslon map that creates a parcel or mr rights for each town}louse, condon'nrnurn and con'mlercml LIBII Tile city would hold a lien against tile ennre land area, in a second posmon to tile construct~cm lender, that wdl that w~ll have a first hei'~ The escrow pi'ocess will allocate tile approprmte amount against eacll parcel wflhm tile project I have worked out what that allocatwn would be based ou tile use of the Section 108 Loan funds roi' purchase of the land, ,a,,th an allocanon fo, a portion of the soft costs That allocanon model Is as follows Allocation of Section 108 Funds Total Section 108 Loan S 1,500,000 Acquisition S 1,309,00{.) Soft Costs S 191.000 Ms Lula C Butler June 20, 2001 Page 3 Allocation (nnits) "A, Total Allocated Land of Total Soft Costs Allocated Per Unit Commercial (20) $ 740,500 56 57% $ 108,049 $ 848,549 $ 42,427 Condomimums(24) $ 189,000 1444% $ 27,578 $ 216,578 $ 9,024 Townhouses(55) $ 379,500 2899% $ 55,374 $ 434,874 $ 7,907 Total $1,309,000 10000% $ 191,000 $1,500,000 The land amounts by component come from the developer's proforma With thru allocation, every t~me a commerc.al umt is sold, the escrow would require a partial release of the city's overall hen, as related to each parcel So when each commercial unit is sold, the city would receive $42,427, $9,024 for each condominium sold, and $7307 for every townhouse sold The process is exactly the same as will be undertaken to extinguish the constrtlction lender's liens against the same parcels The new lenders will require the hen releases as they will require the parcels they are financing to be free and clear of any hens The escrow mstrucnons will d,'ect that the funds from sale proceeds be placed in the account the City wdl use to make the quarte.'ly payments to Chase Bank The C~ty would simply add additional funds received to the interest payment, thereby reducing the principal owed to Chase Bank Thru suggested structure accommodates the new program by the development team, meets HUD's requirements and actually reduces the city's ongoing risk by paying off all or a large part of the Section 108 funds during the two and one-half years whde the EDI grant funds are making the interest payment Please call me ,f you have any questions regarding the structure, the HUD requirements or the process that allocates the I~ens against the varlot, s parcels Sincerely. Mark E Briggs President Mt!iB.ee Delr,tx be,ich butl¢~ ~ Date: July 20, 2001 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: __ Consent Agenda __ Special Agenda X Workshop Agenda When: July 24, 2001 Description of agenda item (who, what, where, how much): Authorization to submit application for the Section 108 Loan Program for $1.5 million dollars for the Atlantic Grove prolect. Department He~~ Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Yes / No Initials: (if applicable) Approved for Agenda: ~J/ No Initials: Hold Until: Agenda Coordinator Review: Received: EXHIBIT A CITY COMMISSION DOCUMENTATION' TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGE~~Jr~&~-'~ PAUL DORLING, DIRECTOR OF PLANNING AN-D~:~Q/~ ~ JEFFREY A. COSTELLO, PRINCIPAL PLANNER~ MEETING OF JULY 24, 2001 AMENDMENT TO LAND DEVELOPMENT REGULATIONS RELATING TO 24-HOUR BUSINESSES. At its meeting of February 6, 2001, the City Commission approved an ordinance which enacted a 6- month moratorium prohibiting the establishment of new businesses having operating hours between 12:00 midnight and 5:00 AM in the Downtown Development Authority area, to allow time to study the impacts of 24-Hour Businesses on adjacent residential uses and the redevelopment effort. The moratorium did not effect any existing businesses that were already operating between these hours, and exempted hotels, motels, office uses, restaurants and cocktail lounges. The primary concern with 24-Hour Businesses is their impacts on residentially zoned properties as well as the effects on redevelopment efforts. Therefore, the proposed ordinance applies citywide rather than to just the area within the boundaries of the Downtown Development Authority, as indicated in the moratorium. The ordinance amends the Land Development Regulations to include a definition of 24- Hour Businesses, adds a new subsection which includes special provisions for 24-Hour Businesses, and amends affected zoning districts where 24-Hour Businesses may be established as a conditional use. The ordinance does not apply to existing to 24-Hour Businesses. The Planning and Zoning Board held a public hearing regarding this item at its meeting of July 16, 200,1. There were several members of the public who spoke regarding the text amendment. There were concerns expressed that the proposed ordinance would apply to projects currently under construction. Comments were made to the ordinance referencing "Eastern Standard Time" and felt that darification was needed. One person suggested the ordinance needed further study and should be discussed at a workshop. Diane Dominguez, Executive Director of the Community Redevelopment Agency, spoke in support of the proposed ordinance. Some Board members felt that the ordinance did not address the intent of the moratorium with regard to convenience type businesses, and questioned significantly broadening the affected area and uses, such as restaurants. Mr. Peltzie also felt that the title was deceiving as the ordinance applies to businesses that are open between midnight and 5:00 AM, and not just 24 hours. Chairman Bird felt the ordinance should apply between 11:00 PM and 5:00AM. After discussing the amendment, the Board voted 4-3 (Randolph, Peltzie, Bird dissenting) to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4o5(M). Since the Planning and Zoning Board hearing, changes have been made to address the comments that relate to applicability of the ordinance and elimination of the reference to "Eastern Standard Time". Attached is a map, which indicates the commercial areas within 300' of residentially-zoned properties. City Commission Documentation Meeting of July 24, 2001 LDR Text Amendment Regarding 24-Hour Businesses Page 2 REVIEW BY OTHERS Formal recommendations from the Downtown Development Authority, Downtown Business Merchants Association, and Historic Preservation Board were not available at the Planning and Zoning Board meeting. These Boards reviewed the amendment at their July 18th meetings and recommended approval. RECOMMENDED By motion, approve on first reading the ordinance regarding 24-Hour Businesses, based upon the findings and recommendations by the Planning and Zoning Board, and set a public hearing date of August 7, 2001. Attachments: P&Z Board Staff Report of July 16, 2001 & Ordinance by Others ORDINANCE NO. 41-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE FOR A DEFINITION OF 24-HOUR BUSINESSES; AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES" BY ENACTING SUBSECTION 4.3.3(VV), "24-HOUR BUSINESSES", TO PROVIDE THAT 24-HOUR BUSINESSES LOCATED WTrHIN 300 FEET OF A RESIDENTIALLY ZONED DISTRICT SHALL BE A CONDITIONAL USE AND SHALL COMPLY VOTH SPECIFIED CONDITIONS, AND PROVIDING THAT EXISTING 24-HOUR BUSINESSES SHALL BE EXEMPT FROM COMPLIANCE WITH THE PROVISIONS REGARDING 24-HOUR BUSINESSES; BY AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT" TO PROVIDE THAT 24-HOUR BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.11 "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT" TO PROVIDE THAT 24-HOUR BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.12 "PLANNED COMMERCIAL (PC) DISTRICT" TO PROVIDE THAT 24-HOUR BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT" TO PROVIDE THAT 24-HOUR BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.14 "RESORT / TOURISM (RT) DISTRICT" TO PROVIDE THAT 24-HOUR BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.15 "PLANNED OFFICE CENTER (POC) DISTRICT" TO PROVIDE THAT 24-HOUR BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.24 "OLD SCHOOL SQUARE HISTORIC ARTS (OSSHAD) DISTRICT" TO PROVIDE THAT 24-HOUR BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.28 "CENTRAL BUSINESS- RAILROAD CORRIDOR (CBD-RC)' TO PROVIDE THAT 24- HOUR BUSINESSES ARE A CONDITIONAL USE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, 24-Hour Businesses located within close proximity to residentially zoned districts create certain impacts, including noise pollution, safety concerns, and visual impacts which may detract from the residential character of the neighborhood; and WHEREAS, the City Commission has determined that conditions imposed through the conditional use process and specific conditions set forth herein will lessen the impacts that 24- Hour Businesses have upon nearby residential properties; and WHEREAS, the provisions set forth in this section promote the health, safety and welfare of the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Dekay Beach be, and the same is hereby amended to read as follows: "24-Hour Business" Any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail store, grocery store, laundromat or similar use which is or will, at any time during a calendar year, be open for business at any time between the hours of 12 midnight and 5 a.m. A 24-Hour Business shall not mean a hotel or motel unless any of the aforementioned uses are operated or will be operated between the hours of 12 midnight and 5 a.m. on the same property as, or otherwise in conjunction with, a hotel or motel use. Section 2. That Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses" of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended by enacting Section 4.3.3(VV), "24- Hour Businesses" to read as follows: (VV) 24-Hour Businesses (1) section are: ,Purpose and Intent: The purpose and intent of the regulations of this (a) To promote the health, safety and general welfare of the citizenry; (b) To provide conditions upon the use of 24-Hour Businesses in order to minimize impacts upon residentially-zoned properties fi'om such uses. (2) Requirements: Unless othenvise specified, the following regulations shall apply to 24-Hour Businesses: (a) Conditional Use: Any 24-Hour Business located or proposed to be located within a three hundred foot (300') straight line route from any residentially- 2 ORD. NO. 41-01 zoned property shall obtain a conditional use permit fi.om the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24-Hour Business is or will be located to the nearest point of a residentially-zoned property. Co) Conditions: In addition to complying with Section 2.4.5(E) of the Land Development Regulations, all other applicable regulations, and with any conditions imposed through the conditional use process, the following conditions shall apply to all 24-Hour Businesses which meet the requirements of subsection (2)(a): 1. Security Plan: A 24-Hour Business shall submit a security plan detailing the man_ncr in which the business intends to address the security of the establishment, its patrons, employees and nearby residents. A convenience business as defined in Section 812.171, Florida Statutes (2000), as may be amended from time to time, is exempted from filing a security plan with the City pursuant to this subsection. However, convenience businesses shall comply with all applicable provisions of Sections 812.101-812.175, Florida Statutes (2000), as may be amended from time to time. A security plan shall include, at a minimum, a detailed description of the following: a. external lighting; and, other external security measures, such as security cameras or other similar measures; and, c. intemal security measures, such as drop safes, silent alarms, security personnel or other similar measures. 2. Bufferin£: A 24-Hour Business shall provide adequate buffering to minimize the effects of noise and to act as a visual buffer to the property fi.om nearby residential districts. (c) FindinGs: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the following specific findings shall be made in order for any 24-Hour Business to be approved for a conditional use: 1. That the use will be consistent with Housing Element A- 12.3 of the Comprehensive Plan of the City of Delray Beach. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the mount and type ofproposed buffering is 3 ORD. NO. 41-01 adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential properties and to act as a visual buffer to the property fi.om surrounding uses and nearby residential properties. (3) Applicability: (a) The provisions of this section shall not apply to 24-Hour Businesses which: 1. are more than a three hundred foot (300') straight line route from any residentially zoned property as determined by the provisions of subsection (2)(a); or, 2. are in operation at the time of the adoption of this ordinance; or, 3. are under construction pursuant to a validly issued building permit at the time of the adoption of this ordinance. (b) Any 24-Hour Business which is in existence at the time of the adoption of this ordinance, which meets the requirements of subsection (2)(a), and which changes its use fi.om one type of 24-Hour Business to another type of 24-Hour Business (e.g., restaurant to nightclub), shall be required to obtain a conditional use approval pursuant to the provisions of this section. Section 3. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: (H) Special Regulations: (6) 24-Hour Businesses as defined herein must be processed as a conditional use and are subiect to the provisions of Section 4.3.3(VV). Section 4. That Article 4.4, "Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC) District", of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: (H) Special Regulations: (4) 24-Hour Businesses as defined herein must be processed as a conditional use and are subiect to the provisions of Section 4.3.3{VV). Section 5. That Article 4.4, "Base Zoning District", Section 4.4.12, "Planned Commercial (PC) District", of the Land Development Regulations of the City of Dekay Beach be, and the same is hereby amended to read as follows: (I-I) Special Regulations: 4 ORD. NO. 41-01 (2) 24-hour Businesses as defined herein must be processed as a conditional use and are subiect to the provisions of Section 4.3.3(VV). Section 6. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: (H) Special Regulations: (6) 24-hour Businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(VV). Section (RT) District", same is hereby 7. That Article 4.4, "Base Zoning District", Section 4.4.14, "Resort / Tourism of the Land Development Regulations of the City of Dekay Beach be, and the amended to read as follows: (G) Special Regulations: (1) 24-hour Businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(VV). Section 8. That Article 4.4, "Base Zoning District", Section 4.4.15, "Planned Office Center (POC) District", of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: (H) Special Regulations: (4) 24-hour Businesses as defined herein must be processed as a conditional use and are subiect to the provisions of Section 4.3.3(VV). Section 9. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts (OSSHAD) District", of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: (H) Special District Regulations: (6) 24-hour Businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3{VV). 5 ORD. NO. 41-01 Section 10. That Article 4.4, "Base Zoning District", Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: (H) Soeciai Regulations: (4) 24-hour Businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.31WV). Section 11. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. Section 13. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the p day of ,2001. ATTEST: MAYOR City Clerk First Reading Second Reading 6 ORD. NO. 41-01 PLANNING AND* ZONING BOARD MEMORANDUM~STAFFTREPORT~''' MEETING OF: JULY 16, 2001 AGENDA ITEM: IV.F. AMENDMENT TO LAND DEVELOPMENT REGULATIONS APPENDIX "A" AND SECTION 4.3.3 ADDING A DEFINITION AND SPECIAL REGULATIONS REGARDING 24-HOUR BUSINESSES AND LISTING 24-HOUR BUSINESSES AS A CONDITIONAL USE IN CERTAIN NON-RESIDENTIAL ZONING DISTRICTS. The item before the Board is an amendment to Land Development Regulations Appendix "A" and Section 4.3.3 adding a definition and special regulations regarding 24-Hour Businesses and listing 24-Hour Businesses as a conditional use in certain non-residential zoning districts. The amendment is being processed in accordance with LDR Section 2.4.5(M). Pursuant to LDR Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. In December, 2000, the WARC (West Atlantic Redevelopment Coalition) requested a 6-month moratorium on 24-Hour Businesses in the Downtown Development Authority Area within the GC (General Commercial) and CBD zoning Districts to allow time to study the impacts of 24- Hour Businesses on adjacent residential uses, and the redevelopment effort. At its meeting of February 6, 2001, the City Commission approved an ordinance which enacted a 6-month moratorium prohibiting the establishment of new businesses having operating hours between 12:00 midnight and 5:00 AM in the Downtown Development Authority area. The moratorium also prohibited existing business, which did not already operate during these hours, from extending their hours of operation between 12:00 midnight and 5:00 am. The moratorium did not effect any existing businesses that were already operating between these hours. Furthermore, the ordinance provided an exemption for hotels, motels, office uses, restaurants and cocktail lounges. The primary concern with 24-Hour Businesses is their impacts on residentially zoned properties. Therefore, the proposed ordinance applies citywide rather than to just the area within the boundaries of the Downtown Development Authority, as indicated in the moratorium. The ordinance amends the Land Development Regulations to include a definition of 24-Hour Businesses, adds a new subsection which includes special provisions for 24-Hour Businesses, and amends affected zoning districts where 24-Hour Businesses may be established. IV.F. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment Regarding 24-Hour Businesses Page 2 The proposed ordinance defines a 24-Hour Business as: "any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail store, grocery store, laundromat or similar use which is or will be open for business at any time during a calendar year between the hours of 12 midnight and 5 a.m. (Eastern Standard Time). A 24-Hour Business shall not mean a hotel or motel unless any of the aforementioned uses are operated or will be operated between the hours of 12 midnight and 5 a.m. on the same property as, or otherwise in conjunction with, a hotel or motel use." A 24-Hour Business, which is located or proposed to be located within 300' of any residentially zoned property, shall obtain a conditional use approval from the City for the operation of such use. The use must also comply with special provisions listed in the attached ordinance. These include the provision of a security plan and buffering. Conditional use approval and compliance with the special provisions do not apply to 24-hour businesses, which are not within 300' of residentially zoned property. LDR Section 2.4.5{M)(5} (Findinqs}: Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following objective and policy are noted. Housinq Element Objective A-t2: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline ..... Housin_~ 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 impacts of 24-Hour Businesses on residential areas are a concern and every attempt must be made to ensure that residential areas are not negatively impacted. Compliance with the above policy is specifically listed in the proposed ordinance as a finding that must be made for approval of the Conditional Use. The proposed text amendment will help to fulfill the referenced objective and policy, and will further other goals, objectives and policies of Comprehensive Plan, especially as they relate to improving quality of life, stabilizing residential areas, and preventing degradation of neighborhoods. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment Regarding 24-Hour Businesses Page 3 ~; REVIEW BY OTHERS West Atlantic Avenue Redevelopment Coalition 0NARC): WARC reviewed the proposed amendment to the Land Development Regulations at its meeting of July 11, 2001, and recommended approval. Community Redevelopment ARenc¥: At its meeting of July 12, 2001, the CRA Board reviewed the proposed LDR amendment and recommended approval. Downtown Development Authority: This item is scheduled for review by the DDA at their July 18th meeting. Their recommendation will be provided at the City Commission meeting. Delray Merchants Association: The DMA Board supports the proposed text amendment. Downtown Business Merchants Association: The DBMA Board's recommendation will be provided at the City Commission meeting. Historic Preservation Board: This item is scheduled for review by the HPB at their July 18~ meeting. Their recommendation will be provided at the City Commission meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · PROD (Progressive Residents of Delray) · Presidents Council · Delray Merchants Association · Chamber of Commerce Letters of objection or support, if any, will be provided at the Planning and Zoning Board me~ting. By motion, recommend approval of the attached amendment to Land Development Regulations Appendix "A" and Section 4.3.3 adding a definition and special regulations regarding 24-Hour Businesses and listing 24-Hour Businesses as a conditional use in certain non-residential zoning districts, based upon positive findings with LDR Section 2.4.5(M). Attachment: Proposed Amendment CITY OF DELRAY BEACH, FLORIDA 24-HOUR BUSINESSES i i ATLAN'/'~ S.W. 2ND LOWSOH BOULEVARD S.Wo I i i I C-15 CANAL LEGEND: (GC, N~ PC, CBD, CBD~C, RT, POC, OSMAD) cnY (:~ DEU~Y BF.A~ I~ 2001 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER/~l AGENDA ITEM /0 ~ - REG~ MEETING .~.JLY 24, 2001 ORDINANCE NO. 38-01 (REZONING THE FIRST PRESBYTERIAN CHURCH AND FISLER PROPERTY LOCATED ON GLEASON STREET, SOUTH OF ATLANTIC AVENUE) DATE: JULY 20, 2001 This is second reading and a quasi-judicial public hearing for Ordinance No. 38-01 which rezones from RM (Medium Density Residential) to CF (Community Facilities) for the First Presbyterian Church and the abutting Fisler Property located on Gleason Street south of East Atlantic Avenue. On June 18, 2001, 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 4-0 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. At first reading on July 10~h, the City Commission passed the ordinance by unanimous k~ote. Recommend approval of Ordinance No. 38-01 on second and final reading, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Ref:Agmemo21.Or&38-01 _Rezoning. FirstPresbyterianChurch.07.24.01 ORDINANCE NO. 38-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO CF (COMMUNITY FACILITIES) ZONING DISTRICT, SAID LAND BEING A PARCEL OF LAND LOCATED SOUTH OF EAST ATLANTIC AVENUE EXTENDING WEST OF GLEASON STREET AND EAST OF BRONSON AVENUE AND CONTAINING 3.5 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January, 2001, as being zoned RM (Multiple Family Residential- Medium Density District; and WHEREAS, at its meeting of June 18, 2001, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 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: Lots 9, 10, 11 and 12, Block 4, less the West 20 feet thereof; Lots 9 through 22, inclusive, Block 3; the South half of Lot 23, Block 3; the South half of Lot 7, less the East 10 feet thereof, Block 2; Lots 8 and 9, less the East 10 feet thereof, Block 2; Lots 10 through 15, inclusive, Block 2, all in Ocean Park, according to the Plat thereof recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach County, Florida. And That part of the right-of-way for Palm Avenue, abandoned by Resolutions recorded in Official Record Book 454, Page 457 and in Official Record Book 2382, Page 1636 of the Public Records of Palm Beach County, Florida. And All that portion of the South half of Ocean Beach Lot 19 and the North half of Ocean Beach Lot 20, lying between the center line of Brondson Avenue and a line parallel to and 145 feet west of said center line of Brondson Avenue, less right-of-way of Brondson Avenue, subdivision of East half of Section 16, Township 46 South, Range 43 East, according to Plat Book 1, Page 25 (said Brondson Avenue being also known as Bronson Avenue). And Lot 6, Block C, John B. Reid's Village, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Cimuit Court in and for Palm Beach County, Florida in Plat Book 21, Page 95. And The North half of Lot 23, all of Lot 24, the South 12 inches of Lots 1 and 2, and the South 12 inches of the East 25 feet of Lot 3, in Block 3, Ocean Park, a subdivision in the City of Delmy Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 5, Page 15. And The north half of the following described parcel: That portion of the South half of Ocean Beach Lot 19 and the North half of Ocean Beach Lot 20, in the City of Delray Beach, lying between a line 100 feet East of and parallel to the centerline of the right-of-way of Brondson Avenue on the East and the ~enterline of the fight-of-way of Brondson Avenue on the West in accordance to the Plat thereof recorded in Plat Book 1, Page 25, Public Records of Palm Beach County, Florida. Subject to fight- of-way as recorded in Deed Book 554, page 221 of the Public Records of Palm Beach County, Florida. And The South half of: That portion of the South half of Ocean Beach Lot 19, and the North half of Ocean Beach Lot 20, in Delray Beach, lying between a line I00 feet East of and parallel to the centefline of right-of-way of Brondson Avenue on the East and the center line of right-of-way of Brondson on the West in accordance to the Plat thereof recorded in Plat Book 1 Page 25, Public Records of Palm Beach County, Florida. Subject to right of-way as recorded in Deed Book 554, Page 221 of the Public Records of Palm Beach County, Florida. And That portion of the abandoned road right-of-way for Bronson Avenue lying West of and adjacent to the South half of Lot 7, and Lots 8 through 15, Block 2, Ocean Park, according to the Plat thereof as 2 ORD NO. 38-01 recorded in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida, and that portion of the abandoned road right-of-way for Bronson Avenue as dedicated by Deed Book 554, Pages 221- 223, Public Records of Palm Beach County, Florida, and the South 10 feet of the North half (N 1/2) Ocean Lot 20, according to the Plat thereof as recorded in Plat Book 1, Page 25, Public Records of Palm Beach County, Florida, lying south of and adjacent to that portion of the 20 foot right of way dedicated by Deed Book 554, Pages 221-223, Public Records of Palm Beach County, Florida. And All of the North 55 feet of the West 135 feet of the South one-half of Ocean Beach Lot 19, City of Delray Beach, Plat of the Fractional East one half of Section 16, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 25 of the Public Records of Palm Beach County, Florida. (Note: Brondson Avenue being also known as Bronson Avenue). Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,2001. ATTEST M A Y O R Acting City Clerk First Reading Second Reading 3 ORD NO. 38-01 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION ORL~CTOR ~, C, ITY MANAGER OF PLANNING AND ZONING ZONING CHANGE FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR THE FIRST PRESBYTERIAN CHURCH AND FISLER PROPERTY LOCATED ON GLEASON STREET~ SOUTH OF EAST ATLANTIC AVENUE *BACKGROUND The First Presbyterian Church was originally founded in 1924 and was the first church to be built east of the Intracoastal Waterway. The original structure (which was designated to the Local Register of Historic Places by the City Commission on November 16, 1999) remained the Presbyterian sanctuary until their new church was constructed in 1977 at 33 Gleason Street, just to the west of the original building. After the construction of the new sanctuary, the original building became the congregation Fellowship Hall. At its meeting of May 15, 2001, the City Commission approved the abandonment of that portion of Bronson Avenue lying adjacent the church. The vacated right-of-way has been incorporated within the church's campus. Within the last decade additional properties have been acquired and today the First Presbyterian Church campus incorporates 3.3 acres. The rezoning request incorporates the 3.3 acre church property and an existing residential parcel referred to the "Fisler Property" located at 37 Gleason Street. This property is currently under contract to be purchased by the church. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION ,- I At its meeting Of June 18, 2001, 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 4-0 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. RECOMMENDED ACTION 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 June 18, 2001 Ordinance No. 38-01 P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 2 This property is currently under contract to be purchased by the church. The church has been in continuous operation for nearly 80 years on the property. 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. A L .Y.S -.AN ! REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land I.)~e 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 4.4.21(A) The Community Facilities (CF) district is a special purpose zone district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public and private purposes. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future Land Use Map designations. Pursuant to LDR Section 4.4.21(B)(5) within the CF zone district 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 zoning classification more accurately reflects the existing use of the property. Thus, based upon the above, a positive finding can 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 P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 3 with respect to the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. As there is no proposal to modify the existing land use on the property the establishment of the CF zone district will not technically modify the original findings. 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. Positive findings with respect to Concurrency can be made. El 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 A-4.1, Land Use Element states" Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines" On June 6, 2001, the Historic Preservation Board reviewed the request and recommended approval of the rezoning. Policy C-3.2 Coastal Management Element 'q'here 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" The proposed rezoning will not change the intensity of land uses as there are no changes proposed in the current operations of the existing church facilities. While there will be a change in the use of the Fisler Property which currently accommodates two residential units and a office an increase in intensity is not anticipated at this time as there are no specified development proposal for the site. Consistency findings with respect to future improvements wiJi be made at the time of development review. 1:3 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. P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 4 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 church with attendant fellowship hall, education facility and other accessory facilities. The property which is being acquired by the church is also improved and contains two residential structures. Within the CF zone district, a-perimeter setback of 10 feet is required. The existing church, education building, the Fisler residential buildings and the other accessory buildings along the north and east property lines are currently non- conforming with respect to the required side and rear yard setbacks and will remain non-conforming under the proposed CF zone 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 east, south and west perimeters abut residential zoning. While there are some types of buffer treatment along these perimeters they are not uniform and include of a mix of shadow box fencing, chain link fencing and hedges. Appropriate buffer treatment will be required with the change in use of the Fisler Property and any significant site improvement on the existing church's campus. Section 3.2.1 (Basis for Determining 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 Rezoning Actions): Standards B, C and E are not applicable with respect to the proposed rezoning. The applicable performance standard of Section 3.3.2 is 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. P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 5 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. With the adoption of the LDR and city wide rezoning this property should have been rezoned to CF to reflect the existing uses. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is surrounded by the following zoning districts: to the north and west is zoned RM and CBD (Central Business District); to the east is zoned RM (Medium Density Residential) and to the south is RM and R-1-A (Single Family Residential). The existing land uses are: retail/restaurants to the north; single family and multi-family residences to the east and south; and multiple family residences and retail to the west. The existing use is compatible with these uses and has co-existed with the neighborhood for many years. With respect to the Fisler Property, compatibility will be enhanced through specific regulations which apply to the CF zoning district which, requires increased landscape perimeter buffer treatment. Section 2.4.5(D)(5) (Rezoning 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: That the zoning had previously been changed, or was originally established, in error; That there has been a change in cimumstances 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 heady 70 years. At that time, the property was zoned RM Multi-Family Residential (Medium P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 6 Density). Since that time, several tracts adjacent to the Chumh 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 Fisler property located at 37 Gleason, and immediately adjacent to the south of the main Church entrance, is under contract for sale to the Church, contingent upon this rezoning app#cation. It is currently zoned RM. As a part of the Church campus, this property should be changed to CF. The basis for which the rezoning should be granted relates to both a and b in that when the current zoning map was adopted in September 1990, the church properties were somehow not changed to CF at the time, while most other churches were changed to CF zoning. Since the church is in the process of 6xpanding its campus it is appropriate that a CF zoning classification be assigned to both the existing campus and to the parcel being acquired. The development proposal is not located within the geographical area requiring review by the DDA (Downtown Development Authority). Historic Preservation Board The Historic Preservation Board reviewed the request at its meeting of June 6, 2001, and recommended approval. Community Redevelopment Agency This item is scheduled for the June 14, 2001, CRA meeting. Their recommendation will be provided at the Planning and Zoning Board meeting. Courtesy Notices: A special courtesy notice was provided to PROD, the President's Council and the following homeowners associations: · Beach Property Homeowners Association · Seagate Towers · Via Marina · Miramar Gardens 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. P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 7 During the rezoning associated with the adoption of the LDR's other churches and similar facilities were given CF zoning designations. Similarly, the existing church campus at that time should have been given a CF designation to reflect the existing use. The RM designation is only appropriate for small churches or single purpose structures and not for large multipurpose churches. As the church is in the process of expanding its campus it is appropriate to rezone the properties to CF. 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 for the proposed rezoning of the subiect property. Therefore this rezoning can be recommended for approval based on the findings outlined in this report. Ao 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) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. 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). ,7 .* ~REC OM MEN D:ED ACTI 0 NS .:?~:-:-,. -:..,;-.~,: ~ 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: Zoning Map Survey I (3" I I I BEACH CLUBSi I ~ lco~;o ~ ~ ~ ' co~;o III I~/ NIT I C i A V E N U~]~/ I CONONDO I ~ [ l~ ~ ~ J I I JARDIN DEL MAR I f I ~~ c NDO FIRST PRESB~ERIAN CHURCH OF DEL~Y - R~ONING - ~OM: RM ~UL~P~ F~ILY ~S~E~~IUM DEN~ TO: CF (COMMUN~ FACIL~ES) TO: THRU: FROM: SUBJECT: · ~.~ClTY COMMISSIONDOCUMENTATION '.~ .~ ~ ~ PAUL DORLING, DIRECTOR OF P~N~N-G ~D Z~NG MEETING OF JULY 24, 2001 CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.4.11(B)(3), (C) AND (H) REGARDING "BUSINESS AND PROFESSIONAL OFFICES" IN THE NC (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. 'Caribbean Blue Pools and Kellerco Construction, Inc." wish to locate at 2201 Seacrest Boulevard. The property is located in the NC (Neighborhood Commercial) zoning district, however professional offices for swimming pool sales and construction services is not specifically listed as an allowable use in the NC zoning district. As the use is not specifically listed, the applicant has requested a LDR text amendment to add professional executive offices for swimming pool sales and construction services as a permitted use. The request is not to establish a contractor's office with associated outside storage of materials, equipment and/or vehicles. Staff is recommending additional changes with respect to offices uses and restrictions on outdoor storage of vehicles, equipment and materials. The amendment will allow business and professional offices in general rather than listing specific types of office uses. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. .PLANNING AND ZONING BOARD CONSIDERATION'~, , ,, '~'' ..... "~ ~' ...... ~ ~! .The Planning and Zoning Board held a public hearing regarding this item at its meeting of July 1.6, 2001. There was no public testimony regarding the request. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission that LDR Section 4.4.11(B)(3) (Principal Uses and Structures Allowed) be amended to allow 'Business and Professional Offices" as a permitted use; that Section 4.4.11(C)(2) be amended regarding refuse and service areas; and, that Section 4.4.1 l(H)(Special District Regulations) be amended regarding outdoor storage, based upon a positive finding with LDR Section 2.4.5(M)(5). · ' ~ .RECOMMENDED ACTION By motion, approve on first reading the attached amendments to LDR Sections 4.4.11(B)(3), (C)(2) and (H)(3) of the NC (Neighborhood Commercial) zoning district, based upon the findings and recommendations of the Planning and Zoning Board, setting a public hearing date of August 6, 2001. Attachments: P&Z Staff Report and Documentation of July 16, 2001 Ordinance by Others ORDINANCE NO. 40-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4, "BASE ZONING DISTRICT", SUBSECTION 4.4.11, "NEIGHBORHOOD COMlVIERCIAL (NC) DISTRICT", SUB- SUBSECTION 4.4.11(B), "PRINCnaAL USES AND STRUCTU1ZES PERMITTED", TO PROVIDE FOR BUSINESS AND PROFESSIONAL OFFICES; BY AMENDING SUB-SUBSECTION 4.4.11(C) TO PROVIDE FOR REFUSE AND SERVICE AREAS; AND BY AMENDING SUB-SUBSECTION 4.4.11 (H), "SPECIAL REGULATIONS", TO PROHIBIT OUTDOOR STORAGE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public heating held on July 16, 2001 and voted to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4, "Base Zoning District", Subsection 4.4.11, "Neighborhood Cormnercial (NC) District", Sub-Subsection 4.4.11(B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.4.11 Neighborhood Commercial (NC) District: (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the NC District as a permitted use: (2) The maximum floor area which can be allocated to a single retail use, or groups of similar (retail, office, services) principal uses, shall not exceed 10,000 square feet. (3) Outdoor storage of any kind is prohibited, except as.permitted herein. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200 ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 40-01 Planning and Zoning Board St~,f Report LDR Amendment to Add Professional Executive Offices for Swimming Pool Sales and Construction Services in the NC Zoning District Page 2 Section 4.4.11(B)(3) of the NC zoning district currently allows the following as a permitted use: "Business and Professional Offices, which provide direct services to customers such as: travel agencies; outpatient medical services; real estate; finance and accounting; community service (outreach) offices". In the past, property owners have had difficulty leasing space due to the specificity of the offices allowed. While the request is to add a specific use to those already listed, it seems appropriate to amend the code for the NC zoning district to ,list Business and Professional Offices as a permitted use, rather than list the specific types of business and professional offices. This would be similar to both the RO (Residential Office) and Old School Square Historic Arts District (OSSHAD) zoning districts, which list business and professional offices as a permitted use. The purpose and intent of the RO zoning district is similar to that of the NC zoning district in that the RO district is to accommodate professional offices, which will meet the needs of nearby neighborhoods. The RO zoning district specifically restricts any outdoor storage as a supplemental district regulation. A comparison of regulations of other municipalities was conducted as follows: Boca Raton: Business and Professional Offices are allowed in the NCBD (Neighborhood Commercial Business District) zoning district as a permitted use while outdoor storage of any kind including motor vehicles is listed as a prohibited use. Boynton Beach: Business and Professional Offices are allowed in the C-2 (Neighborhood Commercial) zoning district as a permitted use while outdoor storage or display of any type is listed as a prohibited use. A business and/or professional office is a Iow intensity type of use, which commonly serves a nearby neighborhood. Various types of business or professional offices may include accountants, architects, attorneys, contractors, dentists, interior designers and physicians. Typically, when these types of offices are located in or near a neighborhood the residents of such neighborhood, will patronize these businesses. There are concerns regarding the potential for outdoor storage of vehicles, equipment and/or materials associated with a business and/or professional office. Storage of vehicles and equipment was the primary reason why contractor's offices were not specifically listed as a permitted use in the RO zoning district or the Old School Square Historic Arts District (OSSHAD). However, contractor's business/administrative offices, excluding storage are allowed and exist in both districts. Currently, the NC zoning district lists "refuse and storage areas" as an accessory use [ref. LDR Section 4.4.11(C)(2)]. This section does not differentiate between inside and outside storage, however it is assumed that outside storage is permitted. Outside Planning and Zoning Board $,..,f Report LDR Amendment to Add Professional Executive Offices for Swimming Pool Sales and Construction Services in the NC Zoning District Page 4 Section 4.4.11 Nei.qhborhood Commercial (NC) District: (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the NC District as a permitted use: (3) Business and Professional Offices '"~';"~' "-',,,i,~ '~"-~'"* .... ;"~° * ..... ~ ..... .... ~' "~" ~ ..... '""~""'~'" ' ""~""*:"",f medic=! "c""c~=,' · '""'... ~'~"~'~' ~n=ncc ...,""'~,... ~,,.,. .... ,; ..... ... .... ;,, ..... ~,.~. t..,,, .... ~'~ "~'""~ subject to the limitations per Subsection (H). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (2) Refuse and sterage-service areas. (H) Special Regulations: (3) Outdoor stora,qe of any kind is prohibited, except as permitted herein. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM i0 ~ - REGULAR MEETING OF ,[LILY 24, 2001 RESOLUTION NO. 46-01 (STORMWATER UTILITY SYSTEM) JULY 20, 2001 In accordance with Chapter 56, "Stormwater", of the City Code, Resolution No. 46-01 establishes the budget for the stormwater utility system, establishes the rates for FY 2002 stormwater management assessments, and certifies and adopts the stormwater management assessment roll. Prior to consideration, a public hearing is required. The assessment is proposed at the rate of $4.50 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $54.00 per ERU. This is the same as the current year assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The proposed budget for the stormwater utility fund is incorporated in Resolution No. 46-01 as Exhibit "A'. The rate structure with condominium factors is attached to the resolution as Exhibit "B". The assessment roll will be available for review in the Commission Chambers at the July 24th meeting. Recommend approval of Resolution No. 46-01. Ref'.Agrnemo 19.Res 46-01.Stormwater.07.24.01 RESOLUTION NO. 46-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 6, 1990, adopt Ordinance No. 21-90 which provides for the creation and establishment of a City-wide Stormwater Management System; and WHEREAS, the City Commission of the City of Delray Beach did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Delray Beach to provide for the method of establishing and collecting Stormwater Management Assessments; and WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the City Commission of the City of Delray Beach has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a spedal benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system; and WHEREAS, Chapter 56 of the City Code establishes that the rate for stormwater management assessments for each parcel within the benefited area, other than with respect to non-assessed property, shall be established each year by resolution of the City Commission; and WHEREAS, Chapter 56 of the City Code provides that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law; and WHEREAS, Chapter 56 of the City Code provides that such budget shall include, but not be limited to, a capital element, a debt service element and an Operation and Maintenance element and further requires that the rate hearing and rate resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the Operation and Maintenance element; and WHEREAS, a budget of operation for the year ending September 30, 2002, is set forth in Exhibit "A" and is established in conformity with the requirements of Ordinance No. 21-90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and WHEREAS, billing and collection of the stormwater management assessment shall be accomplished utilizing the uniform method of collection; and WHEREAS, a rate for stormwater management assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Chapter 56 of the City Code, and as further set forth in Exhibit "B" to this resolution; and WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment roll was duly noticed; and WHEREAS, the City, upon adoption of the budget and rates, shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and if upon the completion of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratifi/and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the stormwater management assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment therefor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission does hereby adopt, after public hearing, the budget as established in Exhibit "A" hereto which is incorporated herein. Section 3. That the City Commission does hereby adopt, after public heating, the rates as set forth in Exhibit "B" hereto which is incorporated herein. Section 4. That the City Commission hereby adopts and certifies the Stormwater Management Assessment Roll. PASSED AND ADOPTED in regular session on this the 24th day of July, 2001. MAYOR ATTEST: City Clerk Exhibit "A" FY 2001-02 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 11 Administration 12-10 21-10 22-10 23-10 23-20 23-30 24-10 25-10 25-20 Regular Salaries/Wages Employer FICA ICMA Contribution Life Insurance Disability Insurance Health Insurance Workers' Compensation Unemployment Compensation Employee Assistance Program PERSONAL SER VICES 31-30 31-90 32-10 40-10 41-10 42-10 43-50 44-30 44-45 45-10 46-3O 46-90 49-22 49-90 51-10 51-20 51-90 52-10 52-22 54-30 Engineering/Architect Other Professional Services Audit/Accounting Fees Travel and Training Telephone Expense Postage Stormwater Charges Equipment Rental/Lease Vehicle Rental - Garage General Liability Vehicle Maintenance - Garage Other Repair/Maintenance Costs Share of Administrative Expense Other Current Charges Stationery/Paper/Forms Office Equipment < $750 Other Office Supplies Fuel/Lube Vehicles Uniforms]Linen Service Training/Education Costs OPERATING EXPENSES 66-10 Soitware CAPITAL OUTIA Y 91-01 Transfer to General Fund NON-OPERdT1NG EXPENSES ADMINISTRATION Manager's Recommended $ 35,670 2,740 36O 150 410 4,130 1,260 3O 4O 44,790 22,000 10,000 500 500 230 170 440 2,750 1,430 6,240 450 4,970 63,000 500 150 0 400 200 90 310 114,330 2,750 2,750 60,000 60,000 $ 221,870 Page 1 Exhibit "A" FY 2001-02 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 16 Maintenance 12-10 Regular Salaries/Wages 14-10 Overtime 15-10 Other Pay 21-10 Employer FICA 22-10 ICMA Contributions 23-10 Life Insurance 23-20 Disability Insurance 23-30 Health Insurance 24-10 Workers' Compensation 25-10 Unemployment Compensation 25-20 Employee Assistance Program * PERSONAL SER VICES 31-20 34-70 34-78 34-90 40-10 41-15 43-10 43-25 44-10 44-30 44-45 45-10 46-20 46-30 46-90 49-16 51-10 51-90 52-10 52-20 52-22 52-24 52-26 52-27 53-20 54-20 54-30 Medical Photo/Microfiim Services Repair and Upkeep Canals Other Contractual Services Travel & Training Portable Phone/Beeper Electricity Irrigation Water Land Rental/Lease Equipment Rental/Lease Vehicle Rental - Garage General Liability Equipment Maintenance Vehicle Maintenance - Garage Other Repair/Maintenance Cost CDL Renewal Stationery/Paper/Forms Other Office Supplies Fuel/Lube Vehicles General Operating Supplies Uniforms/Linen Service Building Materials Gardening Supplies Equipment < $750 Repairs - Drainage Memberships Training/Education Costs OPERATING EXPENSES Manager's Recommended $ 148,750 5,750 300 11,410 1,210 710 1,720 20,630 11,440 140 220 202,280 6O0 20O 9,450 32,000 20 30 7,130 2,410 1,630 750 23,300 10,900 400 33,000 15,090 60 50 200 6,500 3,600 2,200 700 4,000 2,450 4,000 50 100 160,820 STORMWATER SYSTEM MAINTENANCE $ 363,100 Page2 Exhibit "A" FY 2001-02 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Div 61 Capital NE 4th Street-Seawall Tropic Isles CB hR * CAPITAL OUTLAY ** CAPITAL Manager's Recommended 25,000 60,000 85,000 $ 85,oo~o Dept 71 Debt Service Div 11 Debt Service 71-16 Stormwater Note 72-16 Stormwater Note-Interest * Debt Service ** DEBT SERVICE *** STORMWATER UTILITY FUND Manager's Recommended $ 905,560 11S,870 1,021,430 ..... 1,021,43,0 Page 3 Property Description Single Family Residential Condominium Residential EXHIBIT "B' TO RESOLUTION NO. Rate Structure ($4.50/Mo./ERU) (12 Mo.) (1 ERU) ($4.50/Mo./ERU) (12 Mo.) (Condo Factor) (ERU/Unit) ($4.50/Mo./ERU) (12 Mo.) 46 -01 Total 12 Month Assessment $ 54.00 $ 54.00 x CF* $ 54.00/ERU Non-Residential Developed ($4.50/Mo./ERU) (12Mo.) $ 54.00/ERU Undeveloped ($4.50/Mo./ERU) (12Mo.) (1.20ERU/AC) $ 64.80/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary map, shall receive a 25% discount. Ail properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. 'UA specific condominium factor (0.0 - 1.0) has been determined for each condomim'um devdopment. A list of those factors is attached. EXHIBIT "B" City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/19/01, 8:45 CONDOMINIUM RATES FOR TAxX YEAR 2001 Page: 1 Condominium Units ERUs Acacia House 3 91 Admiral Apts. 10 Anchorage 8 Ardmore 13 Arnold Industrial Park 3 Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 Balmoral 12 Banyan House 65 Banyan'Tree village 55 Bar Harbour 85 Barr Terrace 96 Barrton Apts. 102 Beach Cabanas 12 Beach House of Delray 12 Beekman 14 Berkeshlre II 48 Berkshire I 23 Bermuda High 22 Bermuda High South 29 B~rmuda High West 46 Blairs Arcade 5 Blairs Downtown 3 Block 60 92 Boca Isle/Point at Delray Beach 93 Brooks Lane 6 Cambridge 8 Captains Walk 57 Casa Del Mar 11 Casa Playa 11 Chevy Chase 16 Churchill 30 Coach Gate 7 Coastal House 85 Colridge 3 Commodore Apts. 8 Coral Cove 7 Costa Del Rey 40 Costa Del Rey North 30 Country Manors 440 Court of Delray 43 Cove Apts 5 Crest 6 Del Harbour 18 Del Harbour Condominium 4 Delhaven 24 Delray Bch Club 77 Delray Beach Yacht Club Condo 12 Delray Dental Specialists 3 Delray Estates 324 Delray Golfview 36 Delray Harbour Club 50 Delray Oaks 142 Delray Oaks West 256 Delray Ocean Villas 15 1 1 70 32 70 00 70 57 63 39 38 46 64 70 70 00 79 00 94 00 00 89 13 69 00 00 86 49 73 7O 60 97 41 87 7O 7O 63 77 00 4O 7O 79 32 70 74 47 53 70 55 57 44 95 00 70 EXHIBIT "B" City of Delray Beach, Florida STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM RATES FOR TAX YEAR 2001 Condominium Delray Place Delray Shores Professional Delray Summit Domaine Delray Dover House Eastview of Delray Beach Eastview Village Square Eastwinds Eight Hundred Ocean Place Environment I Fairway Fall Ridge First Encounter Georgia Street Industrial Park Golfview Colony Greensward Village Grove Hamilton House Harbour Pointe of Delray Harbour Villas Harhourside I-III High Point Imperial Manor Imperial Villas Ingraham House Inlet Cove Inner Circle Intercoastal Cove Jardin Del Mar Lago Del Rey Lago Del Rey North Amsterdam Lakeview Greens Landings of Delray Beach Lan%kai villas Lavers Delray Racquet Club Ledges Linton Ridge Linton Woods Lymdon Arms Manor House Marina Del Rey Martel Arms Miramar Gardens Narberth/Ocean Aire New Monmouth Ocean East Ocean Place Ocean Terrace One Sixty Center One Ten Apts Outrigger Palm Square Palm Trail Palm Villas Program: Prepared Pa~e: Units 42 8 66 6O 45 3 24 84 8 92 72 6O 46 3 8 136 28 24 10 17 176 1 , 992 12 199 4 16 16 4 38 338 30 128 38 24 566 3 84 24 8 24 10 30 48 14 17 8 29 8 5 4 25 8 22 6O SWLIB/SWCONDO 7/19/01, 8:45 2 ERUs 35 1 00 41 91 48 70 1 00 69 1 00 93 1 00 1 00 70 1 00 1 00 91 99 77 70 56 67 76 7O 96 70 1 00 72 70 83 86 57 9O 84 52 1 00 7O 39 1 00 64 67 70 1 00 38 70 7O 85 1 00 70 1 00 70 1 00 7O 7O 1 00 EXHIBIT "B" City of Delray Beach, Florida STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM POkTES FOR TAX YEAR 2001 Condominium Park View Manor Patio Beach Pelican Pointe Penthouse Delray Pine Beach South Pines of Delray Pines of Delray North Pines of Delray West Plum Ranger Sabal Pine Sabal Pine East Sabal Pine South Sands Terrace Savoy Seabreeze of Delray Seagate Manor Seagate Towers Seastone Apts. Seaway Villas of Delray Beach Serena Vista Seven Seventy 17th Ave. Sloan Hammock Land South County Professional South Ocean South Shore Club Southridge Southridge Village Southwinds Spanish River Spanish Trail Spanish Wells St Tropez StoT-all Sunset Pines Tahiti Cove Talbot Mouse III Three Fifty Five Buildin9 Town & Country Tropic Bay 1-17 Tropic Harbor Tropic View Twelve-O-Two Valhalla Venetian Drive Townhouse Venetlan Village Villas Delray Vista Lago Waterview Apts. Waterway East Waterway North Wed9ewood Williamsbur9 Inn Windemere House Program: Prepared: Page: Units 16 10 56 80 6 685 70O 287 7 10 256 222 128 14 8 5 63 149 10 6 30 9 5 45 10 15 37 68 84 81 20 240 64 12 66 18 4 7 148 399 222 48 6 8 4 14 7 14 8 21 15 6 12 30 SWLIB/SWCONDO 7/i9/0i, 8:45 3 ERUs 55 70 1 00 41 70 72 99 75 1 00 7O 85 93 87 5O 70 69 51 49 34 70 1 00 70 98 1 00 1 00 1 00 1 00 90 69 34 59 72 43 70 1 00 79 70 1 00 57 61 49 1 00 58 1 00 70 1 00 39 70 67 1 00 92 70 70 63 EXHIBIT "B" City of Delray Beach, Florida STORMWATER MANAGEMENT ASSESSMENT CONDOMINIUM P~ATES FOR TAX YEAR 2001 Condominium Program: SWLIB/SWCONDO Prepared: 7/19/01, 8145 Page: 4 Units ERUs Winston Woodbrooke Total condominium units Average ERU/unit ...... 12,011 .76 164 Records processed -- End of Listin9 -- 8 .56 13 .66