The URL can be used to link to this page

09-21-04 Agenda Reg City of Delray Beach , Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Comm/ssion meetings are business meetings Tuesda.v. September 21, 2004 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting &00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings ?:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Del~ay Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons ex/st and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may st/11 address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 ~ l~t Avenue Delzay Beach, Flor/da 3..a~.~.~. The City will furnish auxiliary aids and services to afford an individual with a disabLlity an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243- Fax: (561) 243-3774 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CJ, I.I.. 2. INVOCATION. 3. PLEDGE OF ,~ J-EGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: · September 7, 2004 - Regnl~r Meeting · September 14, 2004 - Special Meeting 6. PROCLAMATIONS: A. Recognizing N. Willard (Bill) Schwartz B. Walk Our Children to School Day - October 6, 2004 7. PRESENTATIONS: A. "Spotlight on Education" - Judith Brennan, Manager of School Boundaries and Demographics regarding the status of the Atlantic High School Boundaries B. HIV/AIDS among minority women in Delray Beach - Dr. Pierre Dorsainvil, Internal Medicine/Infectious Disease, and Elizabeth Robinson, Regional Minority AIDS Coordinator, Palm Beach County Health Depam~ent 8. CONSENT AGENDA: City Manager Recommends Approval. A. CHANGE ORDER NO. I/FINAL PAYMENT/RANDOLPH AND DI~WDNEY CONSTRUCTION. INC.: Approve Change Order No. 1 in the amount of a $5,000.00 decrease, and final payment in the amount of $10,268.65 to Randolph and Dewdney Construction, Inc. for completion of the Municipal Cemetery Restroom Facility Proiect. Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings). B. DUNE REVEGETATION: Authorize the Dune Revegetation Tasks associated with the Beach Renoutishment Proiect in the amount of $50,000.00. Funding is awil~ble from 332-4164-572-34.90 (Beach Restoration Fund/Other Contractual Services). C. 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve acceptance and the proposed allocation of the 2004 Local Law Enforcement Block Grant in the amount of $50,446.00 with a City match of funds in the amount of $5,605.00 for a total amount of $56,051.00. Funding is available from 115-2129-521- 14.10 (2004 IJ.F, BG Overtime), 115-2129-521-21.10 (2004 LLEBG FICA), and 115- 2129-521-49.50 (2004 11.I~.BG Volunteer Program). 09-21-2004 D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 7, 2004 through September 17, 2004. E. {~;QNTRACT CHANGE ORDER NO. I/D & _I ENTERPRISES. INC.: Approve Contract Change Order No. 1 to D & J Enterprises, Inc., Debris Management Contract, Exhibit "B" 3.0 to change the rate from $0.025 to $0.25 per cubic yard to correct contract error. F. AWARD OF BIDS AND CONTRACTS: · NONE 9. REGULAR AGENDA: A. AppeAl. OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/PALMS OF DELRAY: Consider an appeal of the Site Plan Review and Appearance Board's decision approving a Class IV Site Plan Modification, Landscape Plan, and elevations associated with the construction of cwo (2) new apartment buildings at the Palms of Delray, located on the south side of Dotterel Road, approximately 100 feet east of Jaeger Drive. (Quasi-Judicial Hear/ag) B. CONDITIONAL USE REOUEST/GROVE SOUARE: Consider a request for conditional use approval to allow for a density in excess of 30 units per acre 08.2 dwelling units per acre) and to allow for building height up to 54' 3" for Grove Square, a proposed mixed-use development consisting of 800 square feet of retail floor area and 55 dwelling units, located at the northeast comer of S.E. 1st Street and S.E. 2~d Avenue. (Quasi-Judicial HeariJl~) C. REOUEST FOR IN-LIEU PARKING SPACES/_IOE'S RESTAURANT: Consider a request from Joe's Restaurant for the purchase of four (4) in-lieu parking spaces in the amount of $48,000.00. Joe's Restaurant is located at 19-23 S.E. 5~h Avenue (Southbound Federal Highway). ( Quasi-Judicial Heating) D. REOUEST FOR IN-LIEU PARKING SPACES/COLD STONE CREAMERY: Consider a request from Cold Stone Creamery for the purchase of five (5) in-lieu parking spaces in the mount of $60,000.00. Cold Stone Creamery is located at 110 East Atlantic Avenue. (QuaM-JudicialHeadmg) E. REOUEST FOR IN-I.I~.U pARKING SPACES/ATI. ANTIC COFFEE AND TEA: Consider a request from Atlantic Coffee and Tea for the purchase of two (2) in- lieu parking spaces in the amount of $24,000.00. Atlantic Coffee and Tea is located at 504 East Atlantic Avenue. (QuaM-JudicialHeadltg) F. REOUEST FOR IN-LIEU PARKING SPACES/MANO-A-MANO (AKA 'rAPAS): Consider a request from Mano-A-Mano (aka Tapas) for the purchase of one (1) in-lieu parking space in the amount of $6,000.00. Mano-A-Mano is located at 8 East Atlantic Avenue. (Quasi-Judicial Heatimg) 09-21-2004 G. REOUEST FOR IN-LIEU PARKING SPACES/329 PINEAPPLE GROVE WAY; Consider a request from 329 Pineapple Grove Way for the purchase of one (1) in-lieu parking space in the amount of $6,000.00. (Quasi-Juob'ct'MHeariag) H. GOLF COURSES MANAGEMENT SERVICE AGREEMENT/B_ICE. INC: Consider approval of an agreement between the City and BJCE, Inc. to provide for the management services at the Municipal Golf Course and the Lakeview Golf Course for the period October 1, 2004 through September 30, 2008. I. TENNIS FACILITIES MANAGEMENT SERVICE AGREEMENT/DUBIN AND ASSOCIATES. INC.: Consider approval of an agreement between the City and Dubin and Associates, Inc. to provide for the management services at the Municipal Tennis Center and the Delray Swim and Tennis Club for the period October 1, 2004 through September 30, 2008. J. FY 2005 GOLF RATES/LAKEVIEW GOLF COURSE: Approve the proposed FY 2005 maximum golf rates for the Lakeview Golf Course. K. FY 2005 GOLF RATES/MUNICIPAL GOLF COURSE: Approve the proposed FY 2005 maximum golf rates for the Municipal Golf Course. L. FY 2005 TENNIS RATES/TENNIS FACILITIES: Approve the proposed FY 2005 maximum tennis rates for the Tennis Facilities. M. ~pECIAL EVENT REOUEST/CELEBRATE AMERICA: Consider a special event request to allow "Celebrate America" sponsored by Perfect Results, Inc., to be held on October 16, 2004 from 11:00 a.m. until 7:00 p.m. and to authorize staff assistance for traffic control/security, trash removal/dean up, event signage, and barricade set up with event signage to be installed no earlier than October 8, 2004; contingent on the sponsor providing a hold harmless agreement and a certificate of liability insurance by October 8, 2004. N. INTERI.OCAL AGI~.~MENT WITH THE COMMUNITY ilIF.1)EVELOPMENT AGENCY (CRA~/LANDSCAPING IMPROVEMENTS/ · Consider approval of an Inteflocal Agreement between the City and the Community Redevelopment Agency (CRA) in an amount not to exceed $53,000.00 to fund the landscaping and irrigation improvements for the N.E. 3a Avenue Beautification drainage areas and $6,970.00 for the removal of Australian Pine Trees. Funding is awihble from 334-3162-541-65.20 (General Construction Fund/Landscaping/Beautification) O. APPOINTMENTS TO THE BOARD OF AD_IUSTMENT: Appoint two (2) alter~ate members to the Board of Adiustment for unexpired terms ending August 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat/$4) and Mayor Perlman (Seat #5). 09-21-2004 P. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one (1) re, gu/ar member to the Code Enforcement Board for an unexpired term ending January 14, 2006 and one (1) alternate member for an unexpired term ending January 14, 2007. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5) and Commissioner Costin (Seat #1). Q. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint three (3) members to the Board of Construction Appeals; one (1) member for a two (2) year term ending August 31, 2006 and two (2) members for unexpired terms ending August 31, 2005. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Mayor Perlman (Seat #5), and Commissioner Costin (Seat #1). R. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for Zone Six for an unexpired term ending October 31, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). S. CITY ATTORNEY EVALUATION. T. CITY MANAGER EVALUATION. 10. PUBLIC HEARINGS: A. RESOLUTION NO. 73-04 (MII.I.AGE LEVY).: A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance, and for payment of principal and interest on bonded indebtedness for FY 2005. B. RESOLUTION NO. 74-04 (MH.I.&GE LEVY/DDP~$: A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2005. C. RESOLUTION NO. 75-04 (FY 2005 BUDGET ADOPTION-).: A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2004 through September 30, 2005. 1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2005 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. D. ORDINANCE NO. 47-04: Future Land Use Map (FLUM) Amendment from MD (Medium Density Residential 5-12 dwelling units per acre) to TRN (Transitional) and rezoning from RM (Medium Density Residential 6-12 dwelling units per acre) to RO (Residential Office) for a 0.86 acre parcel of land, a portion of the Lighthouse Property, bordered by S.W. 1't Street on the north, S.W. 1st Avenue on the east, and S.W. 2~ Avenue on the west. (Quasi-JudiciaiHeadng) 09-21-2004 E. ORDINANCE NO. 50-04 (SECOND READING/SECOND PUBLIC HEARING~: An ordinance amending Land Development Regulations (IX)R) Section 4.4.18(B)(4), "Service Industry", of the Planned Commerce Center Zoning District, Allowed Uses, to add "Food Catering Establishments, preparation, and storage only (No Food Served on Premises)" as a permitted use. F. ORDINANCE NO. 3§-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix "A" "Definitions", by enacting a definition for new development, redevelopment, and in-fill development. If passed, a second public hearing will be scheduled for October 5, 2004. G. ORDINANCE NO. 53-04: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by mending Section 51.70, "Reg~lnr Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 2.3% for FY 2005 effective October 1, 2004. H. ORDINANCE NO. 55-04: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for an eight (8) percent increase in User Charges and an increase of $0.045 per 1,000 gallons for treatment costs effective October 1, 2004. I. ORDINANCE NO. 56-04: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, ''Water Rates", to provide for a two (2) percent increase in residential, nonresidential, and irrigation rates for FY 2005 effective October 1, 2004. J. ORDINANCE NO. 54-04: An ordinance amending Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all occupational license tax fees effective October 1, 2004. K. TRANSFER OF PROPERTY/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Consider the re-approval of transferring a two (2) foot strip of property adjacent to Atlantic Avenue (new library site) to the Florida Department of Transportation which is requiring this for road fight-of-way. 11. 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. 09-21-2004 12. FIRST READINGS: NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: SEPTEMBER t7, 2004 09-21-2004 SEPTEMBER 7~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 7, 2004. 1. Roll call showed: Present Commissioner Jori Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - Commissioner Bob Costin Commissioner Patficia Archer Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, Acting City Clerk 2. The opening prayer was delivered by David T. Harden, City Manager. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Perlman stated the proclamation recognizing N. Willard (Bill) Schwartz will be delayed to the City Commission meeting of September 21, 2004. He noted the addition of Item 8.Z., Confirmation/Revision/Rescission/Emergency Resolutiona to the Consent Agenda by addendum. In addition, Mayor Perlman requested Item 9.A., Appeal of Site Plan Review and Appearance Board Decision/Palms of Deiray~ Item 9.B., Conditional Use Request/Grove Square, Item 9.D., Request for In-lieu Parking Spaces/Joe's Restaurant, Item 9.E., Request for In-lieu Parking Spaces/Cold Stone Creamery., Item 9.F., Request for In-lieu Parking Spaces/Atlantic Coffee and Tea, Item 9.G., Request for In-lieu Parking Spaces/Mano-A-Mano (a/k/a Tapas)~ and Item 9.H., Request for In-lieu Parking Spaces/329 Pineapple Grove Way be delayed to the City Commission meeting of September 21, 2004. Also, Mayor Perlman requested Item 9.P., Appointments to the Board of AdiustmenL Item 9.Q., Appointments to the Code Enforcement Board, Item 9.R., Appointments to the Board of Construction Appeals, and Item 9.S., Appointment to the Neighborhood Advisory Council: be deferred to the City Commission meeting of September 21, 2004 and Item 10.D., Ordinance No. 35-04 (First Reading/First Public Hearin? be delayed to the City Commission meeting of September 21, 2004. Mr. Levinson moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of August 17, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Lcvinson - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. 6_. PROCLAMATIONS: 6.A. Recognizing N. Willard IBilB Schwartz This proclamation has been delayed to the regular City Commission meeting of September 21, 2004. 6.B. Calling for a Special Election to be held on November 2~ 2004~ on the referendum question regarding the release of part of Lot 15~ Block 101~ behind current library site Mayor Perlman read and presented a proclamation to Chcvelle D. Nubin, Acting City Clerk, hereby calling for a Special Election to be held on Tuesday, November 2, 2004, between the hours of 7:00 a.m. and 7:00 p.m., with all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections for Palm Beach County. 7_. PRESENTATIONS: None. CONSENT AGENDA: City Manager Recommends Approval. 8.A. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWTDB): Approve the Tripartite Interlocal Agreement and the Fifth Amendment to the Interlocal Agreement regarding reclaimed water. 8.A.1. TRIPARTITE INTERLOCAL AGREEMENT: Approve the Tripartite Interlocal Agreement between the City, the City of Boynton Beach, and the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) which transfers the present reclaimed water line from the SCRWTDB to the City of Boynton Beach. In exchange the City will receive $1,359,255.13 which is our equity interest in the line. 8.A.2. FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT: Approve the Fifth Amendment to the Interlocal Agreement which allows the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) to be a wholesaler of reclaimed water to the Cities of Boynton Beach and Delray Beach. -2- 09/07/04 8.B. FINAL SUBDIVISION PLAT APPROVAL/COURT YARDS AT MARTELL ARMS PLAT: Approve the subdivision plat for Court Yards At Martell Arms, a re-plat ora portion of the Plat Martell Arms, located on thc west side of thc 1000 block of N.E. 8th Avenue. 8.C. RESOLUTION NO. 65-04: Approve the abandoment of a portion of the Dixie Highway right-of-way, adjacent to Lot 4 of the Plat of Delray Beach Estates, approximately 1,700 feet south of Gulf Stream Boulevard. The caption of Resolution No. 65-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT- OF-WAY (ROW) LOCATED APPROXIMATELY 1,700 FEET SOUTH OF GULF STREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 65-04 is on file in the City Clerk's office.) 8.D. RESOLUTION NO. 66-04: Approve the abandonment of a portion of the S.W. 7t~treet right-of-way, located between Interstate 95 and S.W. 17th Avenue rights-of-ways. The caption of Resolution No. 66-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.W. 7TM STREET RIGHT-OF- WAY, LOCATED BETWEEN INTERSTATE 95 AND S.W. 17TM AVENUE RIGHTS-OF-WAYS, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 66-04 is on file in the City Clerk's office.) 8.E. ACCEPTANCE OF A RIGHT-OF-WAY DEED/GRAY PLAZA: Approve and accept a right-of-way deed associated with Gray Plaza, located at 85 S.W. 5th Avenue. 8.F. ACCEPTANCE OF HOLD HARMLESS AGREEMENT/KURT PETERSON: Approve and accept a hold harmless agreement between the City and Kurt Peterson for the installation of landscaping within a public right-of-way. 8.G. RESOLUTION NO. 64-04: Approve a resolution supporting a referendum to be held on November 2, 2004 for the levy of a half-cent sales tax by the School Board of Palm -3- 09/07/04 Beach County for the purpose of financing a comprehensive plan to construct and renovate public schools countywide. The caption of Resolution No. 64-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, SUPPORTING A NOVEMBER 2, 2004 REFERENDUM FOR THE LEVY OF A DISCRETIONARY HALF CENT SALES TAX BY THE SCHOOL DISTRICT TO CONSTRUCT AND RENOVATE PUBLIC SCHOOLS IN PALM BEACH COUNTY ACCORDING TO A COMPREHENSIVE PLAN. (The official copy of Resolution No. 64-04 is on file in the City Clerk's office.) 8.H. RESOLUTION NO. 70-04: Approve a resolution adopting the Revised Unified Palm Beach County Local Mitigation Strategy Plan. The caption of Resolution No. 70-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF DELRAY BEACH TO ADOPT THE REVISED UNIFiED PALM BEACH COUNTY LOCAL MITIGATION STRATEGY PLAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 70-04 is on file in the City Clerk's office.) 8.I. RESOLUTION NO. 71-04 {GRANT APPLICATION TO STATE OF FLORIDA): Authorize the Delray Beach Public Library staff to submit an operating grant application directly to the State of Florida to obtain operating funds for operations and maintenance of the library. The caption of Resolution No. 71-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE SUBMISSION OF AN APPLICATION REQUESTING STATE AID TO LIBRARIES GRANT FUNDING FOR OPERATIONS AND MAINTENANCE OF THE LIBRARY, AND PROVIDING REQUIRED ASSURANCES. (The official copy of Resolution No. 71-04 is on file in the City Clerk's office.) 8.J~ RESOLUTION NO. 63-04: Approve a resolution supporting the establishment of the Palm Beach Countywide Coastal Council and approve an Interlocal Agreement -4- 09/07/04 establishing the Palm Beach Countywide Coastal Council, which replaces the Palm Beach Countywide Beaches and Shores Council. The caption of Resolution No. 63-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA SUPPORTING THE ESTABLISHMENT OF THE PALM BEACH COUNTYWIDE COASTAL COUNCIL; PROVIDING THAT THE CITY OF DELRAY BEACH SHALL PARTICIPATE AS AN EQUAL MEMBER OF THE COUNCIL; ADOPTING THE PROVISIONS OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND ALL OTHER MEMBERS OF THE PALM BEACH COUNTYWIDE COASTAL COUNCIL; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT. (The official copy of Resolution No. 63-04 is on file in the City Clerk's office.) 8.K. INITIATION OF FUTURE LAND USE MAP AMENDMENT: Formally initiate Future Land Use Map (FLUM) Amendment from TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling units per acre); and rezoning from POD (Professional Office District) to RM (Medium Density Residential) associated with the parcels involved with the Intracoastal Park land swaps between the Florida Inland Navigational District (FIND), City of Delray Beach, and the Delray Harbor Club, located on the east side of South Federal Highway, approximately 700 feet south of S.E. l0th Street. 8.L. INTERLOCAL AGREEMENT/COMMUNITY REIIEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for planning services in the amount of $60,000.00. 8.M. AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/UNIVERSAL BEACH SERVICE CORPORATION: Approve Amendment to the Contract for Sale and Purchase between the City and Universal Beach Service Corporation to extend the closing date to fifteen (15) days beyond the conclusion of the quiet title action. 8.N. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the approximate amount of $30,000.00 for playground equipment for Miller Park. 8.0. INDEPENDENT CONTRACTOR AGREEMENT/THE ARC: Approve an independent contractor agreement between the City and The ARC for a trained inclusion specialist for a special needs child in our Out of School Program in the approximate amount of $16,190.00. Funding is available from 001-4105-572-34.90 (General Fund/Other Contractual -5- 09/07/04 Services). 8.P. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM: Approve the Parks & Recreation Department's participation as a host agency in the Senior Community Service Employment Program. 8.Q. CONTRACT ADDITION/CItAZ EQUIPMENT~ INC.: Approve a Contract Addition in the amount of $25,500.00 to Chaz Equipment for emergency force main repair work associated with the piping modifications at Lift Station 50. Funding is available from 442-5178- 536-63.51 (Water/Sewer/Renewal/Replacement Fund/Sewer Mains). 8.R. HOUSING REHABILITATION GRANT/CONTRACT AWARDS.' Approve Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $16,222.50 to Sun Band Builders (145 S.W. 13th Avenue), $11,613.00 to South Florida (240 N.W. 2nd Avenue), $18,532.50 to Sun Band Builders (314 N.W. 4th Avenue), and $22,155.00 to Tommy Preston (105 S.W. 7th Street). Funding is available from 118-1963-554- 49.19 (Community Development/SH~ Grant/Housing Rehabilitation). 8.S. REQUEST TO EXTEND CLOSING HOURS FOR SANDOWAY PARKING LOT: Approve a request by Perry DonFrancisco to extend the closing hours to 2:00 a.m. at Sandoway Park on October 23, 2004 and October 24, 2004. 8.T. MORTGAGE JOINDER AND CONSENT/CRISANTI AND CAMPBELL PROPERTIES: Approve the City's execution of a Mortgage Joinder and Consent to subordinate the City's mortgage to the easement deed regarding the Crisanti and Campbell Properties. 8.U. RESOLUTION NO. 72-04: Approve a resolution supporting the reauthorization of the Federal Transportation Programs. The caption of Resolution No. 72-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING FEDERAL TRANSPORTATION REAUTHORIZATION. (The official copy of Resolution No. 72-04 is on file in the City Clerk's office.) 8.V. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for October 21, 2004 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side parking lane of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 1st Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up. -6- 09/07/04 8.W. SPECIAL EVENT REQUEST/18th ANNUAL TURKEY TROT: Approve a special event request to allow the 18th Annual Turkey Trot to be held on Saturday, November 20, 2004 from 6:30 a.m. until approximately 8:30 a.m., including temporary use permit per LDR Section 2.4.6(H) for the closure and use of A-1-A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for security and traffic control, barricade set-up/removal, trash removal and clean up, use of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian to A-1-A from 8:00 a.m. until approximately 10:00 a.m. 8.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 16, 2004 through September 3, 2004. 8.Y. AWARD OF BIDS AND CONTRACTS: 1_. Purchase award to Taylor Data Systems, Inc. in the amount of $69,914.34 for nine (9) Walkabout Hammerhead XRT Mobile Data Terminals, mounting brackets, and docking stations for the Fire Department. Funding is available from 334-6111-519-64.11 (General Construction Fund/Computer Equipment). 2_. Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in the amount of $169,215.00 via the City of Columbus, Ohio bid for one (1) Heavy Duty Paramedic Rescue Vehicle for the Fire Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive) FY 03/04 and 501-3312-591-64.21 (Central Garage Fund/Vehicle Restoration) FY 03/04 and FY 04/05. 3_. Contract award to Construction Quality Control, Inc. in the amount of $89,986.00 for construction of the Delray Swim and Tennis Storage Building Project. Funding is available from 117-4133-572-62.10 (Recreation Impact Fee Fund/Buildings). 8.Z. CONFIRMATION/REVISION/RESCISSION/EMERGENCYRESOLUTIONS: Confirm Emergency Resolutions A, B, D, E and H pursuant to Chapter 95 of the City Code of Ordinances and approve the rescission of Resolution A and the revised Resolution B. The caption of Resolution A is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE EVACUATION OF CERTAIN AREAS OF THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution A is on file in the City Clerk's office.) - 7 - 09/07/04 The caption of Resolution B is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE SETTING OF A CURFEW AND DESIGNATING CERTAIN AREAS OFF LIMITS. (The official copy of Resolution B is on file in the City Clerk's office.) The caption of Resolution D is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND PROHIBITING THE SALE OF MERCHANDISE, GOODS OR SERVICES AT MORE THAN THE AVERAGE RETAIL PRICE. (The official copy of Resolution D is on file in the City Clerk's office.) The caption of Resolution E is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND PLACING CERTA1N RESTRICTIONS ON THE USE OF WATER WITHIN THE UTILITY SERVICE AREAS OF THE CITY OF DELRAY BEACH. (The official copy of Resolution E is on file in the City Clerk's office.) The caption of Resolution It is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO EMERGENCY MANAGEMENT; CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AUTHORIZING EMERGENCY pLrRCHASING AND PROCUREMENT PROCEDURES AND SUSPENDING CERTAIN CITY CODES, RULES AND REGULATIONS RELATING TO PURCHASING AND PROCUREMENT; THIS RESOLUTION SHALL BE VALID FOR THIRTY (30) DAYS AND AUTOMATICALLY RENEWED EVERY THIRTY (30) DAYS UNTIL FURTHER ACTION BY THE CITY COMMISSION. -8- O9/07/04 (The official copy of Resolution It is on file in the City Clerk's office.) Mr. Levinson moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. 9.B. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. 9.C. SPECIAL EVENT REQUEST/1sT ANNUAL AL1, AMERICA DUCK DERBY: Consider approval of a special event request to allow the 1st Annual All America Duck Derby, sponsored by the Sunrise Rotary Club of Dclray Beach, to be held October 15-16, 2004 from 10:00 a.m. until 6:00 p.m. at Veteran's Park, including temporary use permit per LDR Section 2.4.6(H) for the use of Veteran's Park and the parking lot, and authorize staff support for security and traffic control, barricade set-up/removal, trash removal and clean up, with event signage to be installed no earlier than October 7, 2004; contingent on the sponsor providing a hold harmless agreement, receipt of the Coast Guard approval one week before thc event, and the stipulation that the dump truck cannot proceed any farther than the road barricade on N.E. 1st Street and a crane is not permitted on site. Robert A. Barcinski, Assistant City Manager, stated this is a request for the 1st Annual All American Duck Derby sponsored by the Sunrise Rotary Club of Delray Beach proposed for October 15-16, 2004 from 10:00 a.m. to 6:00 p.m. at Veteran's Park. In addition, the applicant's request includes staff assistance for traffic control and security, EMS assistance, barricading, trash removal and clean up assistance, the standard event signs and directional signs. Staff recommends approval of the event, the temporary use permit for Veteran's Park and the parking lot, staff assistance as requested except for EMS assistance, and approval of the event signage request to be installed no earlier than October 7th with the following conditions: (1) Receipt of Hold Harmless Agreement, (2) Receipt of the Coast Guard approval one week before the event, and (3) Stipulation that the dump truck cannot proceed any further than the road barricade on N.E. 1st Street nor is a crane permitted on site. Ms. McCarthy disclosed that although she is a member of this Rotary Club she does not have any personal gain. Mayor Perlman stated he too is a member of the Rotary Club and has nothing personal to gain either. Mr. Levinson moved to approve the Special Event Request for the 1st Annual All America Duck Derby to be held on October 15-16, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 0 vote. -9- 09/07/04 9.D. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. 9.E. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. 9.F. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. 9.G. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. 9.H. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. 9.I. GOLF COURSES MANAGEMENT SERVICE AGREEMENT: Consider approval of the Selection Committee's rankings of the Request For Proposals (RFP's) for the Golf Courses Management Service Agreement and authorize staff to proceed with contract negotiations with the number one (1) ranked firm, JCD Sports Group. Mr. Levinson stated he would like to see the closed contract as soon as possible. Ms. McCarthy moved to approve the Golf Courses Management Service Agreement and authorize staff to proceed with contract negotiations with JCD Sports Group (#1 ranked firm) with the condition that the Commission review the contract as soon as possible, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote. 9.J. TENNIS FACILITIES MANAGEMENT SERVICE AGREEMENT: Consider approval of the Selection Committee's rankings of the Request For Proposals (RFP's) for the Tennis Facilities Management Service Agreement and authorize staff to proceed with contract negotiations with the number one (1) ranked firm, JCD Sports Group. Mayor Perlman disclosed that he was contacted by one of the firms. Mr. Levinson moved to approve the Tennis Facilities Management Service Agreement and authorize staff to proceed with contract negotiations with JCD Sports Group (#1 ranked firm) with the condition that the Commission review the contract as soon as possible, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. 9.K. RESOLUTION NO. 61-04: Consider approval of Resolution No. 61-04 authorizing the issuance of not exceeding $24,000,000 in the initial aggregate principal amount of the City's General Obligation Improvement Bonds, Series 2004 (Recreational and Cultural Projects); providing for the form and terms of the bonds. The caption of Resolution No. 61-04 is as follows: -10- 09/07/04 A RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $24,000,000 IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF CITY OF DELRAY BEACH, FLORIDA GENERAL OBLIGATION BONDS, SERIES 2004 (RECREATIONAL AND CULTURAL PROJECTS); PROVIDING FOR ALLOCATION OF THE PROCEEDS OF SUCH BONDS CONSISTENT WITH RESOLUTION NO. 72-03; PROVIDING THE FORM AND TERMS OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM A TAX ON ALL TAXABLE PROPERTY IN THE CITY OF DELRAY BEACH; PROVIDING FOR THE UNDERTAKING BY THE CITY REGARDING SECONDARY MARKET DISCLOSURE AS REQUIRED BY RULE 15c2-12 OF THE SECURITIES AND EXCHANGE COMMISSION; PROVIDING FOR THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF THE BONDS; PROVIDING FOR CERTAIN OTHER MATTERS DEEMED NECESSARY AND PROPER IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 61-04 is on file in the City Clerk's office.) The City Manager stated this is the resolution for the issuance of the General Obligation Bonds for the first part of the Parks and Recreation Bond Issue. Ms. McCarthy moved to approve Resolution No. 61-04, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. 9.L. RESOLUTION NO. 62-04: Consider approval of Resolution No. 62-04 authorizing the competitive sale of the City's General Obligation Improvement Bonds, Series 2004 (Recreational and Cultural Projects) in the initial aggregate principal amount of not exceeding $24,000,000. The caption of Resolution No. 62-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE COMPETITIVE SALE OF CITY OF DELRAY BEACH, FLORIDA, GENERAL OBLIGATION BONDS, SERIES 2004 (RECREATIONAL AND CULTURAL PROJECTS), IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $24,000,000; ESTABLISHING THE MATURITY SCHEDULE AND REDEMPTION TERMS IN CONNECTION WITH THE BONDS, AUTHORIZING THE CITY MANAGER OR FINANCE DIRECTOR TO PUBLISH A SUMMARY -11- 0~07~4 NOTICE OF SALE AND TO RECEWE BIDS PURSUANT TO A COMPETITIVE SALE OF SAID BONDS TO THE RESPONSIVE BIDDER OFFERING THE LOWEST TRUE INTEREST COST TO THE CITY WHICH SHALL NOT EXCEED SIX PERCENT; APPOINTING A PAYING AGENT AND BOND REGISTRAR; AUTHORIZING THE REGISTRATION OF THE BONDS UNDER A BOOK-ENTRY SYSTEM; APPROVING THE FORM OF A SUMMARY NOTICE OF SALE, AN OFFICIAL NOTICE OF BOND SALE AND BID FORM, PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION AND DEL1VERY OF AN OFFICIAL STATEMENT RELATING TO THE BONDS; AUTHORIZING THE USE BY THE SUCCESSFUL BIDDER OF THE OFFICIAL STATEMENT RELATING TO THE BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT RELATING TO THE BONDS; PROVIDING FOR A BOND INSURANCE POLICY FOR THE BONDS PROVIDED BY MBIA INSURANCE CORPORATION; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 62-04 is on file in the City Clerk's office.) The City Manager stated this resolution authorizes the competitive sale. Mr. Levinson moved to approve Resolution No. 62-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. 9.M. LEGAL ACTION/CAROLINA CABANA: Consider authorizing staff to commence legal action against Carolina Cabana for breach of contract as the exclusive provider of beach umbrellas, chairs, and cabanas on the municipal beach. The City Attorney stated the City entered into an agreement with Carolina Cabana Company and per the direction of the City Commission the City entered into a payment plan. To date, no amounts have been paid by Carolina Cabana and the City Attorney is requesting the authority to commence legal action against Carolina Cabana Company. Ms. McCarthy moved to approve to authorize staff to commence legal action against Carolina Cabana for breach of contract, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 0 vote. -12- 09/07/04 9.N. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to waive a portion of the liens for interest and administrative fccs in the amount of $3,846.59 assessed for abating nuisances on property located at 17 N.W. 5th Avenue. Thc Community Redevelopment Agency is prepared to pay the remaining lien of $1,898.42. Staffrccommends approval. Mr. Lcvinson moved to approve the request from the Community Redevelopment Agency (CRA) to reduce the liens associated with property located at 17 N.W. 5th Avenue in the amount of $3,846.59 with the provision that the balance of the liens ($1,898.42) be paid within 30 days of City Commission approval, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote. 9.0. CHILDREN'S SERVICES COUNCIL/MEMORANDUM OF AGREEMENT AND SUBCONTRACTS/COMMUNITY CHII ~D CARF~ CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION: Consider approval of a Memorandum of Agreement between the City of Defray Beach and Children's Services Council (CSC) in the amount of $766,676.00 in support of the Beacon Center Services at Village Academy Elementary School and Subcontracts between the City and the Community Child Care Center in the amount of $603,276.00 and between the City and the Children's Case Management Organization in the amount of $163,400.00 for carrying out services at the Beacon Center. The City Manager stated staff recommends approval of all three agreements as proposed in support of services provided through thc Beacon Center at Village Academy. Mr. Levinson moved to approve a Memorandum of Agreement between the City of Delray Beach and Children's Services Council (CSC) in support of the Beacon Center Services at Village Academy Elementary School and Subcontracts between the City and the Community Child Care Center and between the City and thc Children's Case Management Organization (CCMO), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. 9.P. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. 9.Q. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. 9.R. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. 9.S. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. At this point, the Commission moved to Item 12, First Readings. -13- 09/07/04 12~ FIRST READINGS: 12.A. ORDINANCE NO. 47-04: Future Land Use Map (FLUM) Amendment from MD (Medium Density Residential 5-12 dwelling units per acre) to TRN (Transitional) and rezoning from RM (Medium Density Residential 6-12 dwelling units per acre) to RO (Residential Office) for a 0.86 acre parcel of land, a portion o£the Lighthouse Property, bordered by S.W. 1st Street on the north, S.W. 1st Avenue on the east, and S.W. 2nd Avenue on the west. If passed, a quasi-judicial public hearing will be scheduled for September 21, 2004. The caption of Ordinance No. 47-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO TRN (TRANSITIONAL); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1sT AVENUE AND SW 2N° AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this parcel of land totals approximately 0.86 acres and constitutes the northemmost portion of a former halfway house development known as The Lighthouse. The mixed-use development will contain approximately 10,000 square feet of office floor area and 30 townhomes. The proposed office use is permitted under the proposed RO zoning; however, would not be allowed under the existing RM zoning. At its meeting of August 16, 2004, the Planning and Zoning Board held a public hearing in conjunction with the Future Land Use Map Amendment and Rezoning request. There was no public testimony regarding the request. After discussing the proposal, the Board moved a recommendation of approval for the privately sponsored request for a small scale FLUM amendment from MD (Medium Density) to TRN (Transitional) and rezoning from RM (Medium Density Residential) to RO (Residential Office) on a vote of 5-0 (Pike absent, Morris stepped down), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area -14- 09/07/04 Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the LDR's. Mr. Levinson moved to approve Ordinance No. 47-04 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. 12.B. ORDINANCE NO. 54-04: An ordinance amending Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all occupational license tax fees effective October 1, 2004. If passed, a public hearing will be scheduled for September 21, 2004. The caption of Ordinance No. 54-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 110.15, "LICENSE TAX SCHEDULE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR AN INCREASE IN OCCUPATIONAL LICENSE FEES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 54-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated per Florida State Statute the City is allowed to increase occupational license fees a maximum of 5% every other year. Ms. McCarthy moved to approve Ordinance No. 54-04 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 0 vote. 12.C. ORDINANCE NO. 53-04: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 2.3% for FY 2005. If passed, a public hearing will be scheduled for September 21, 2004. The caption of Ordinance No. 53-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEViED", TO -15- 0~07m4 PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2005; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 53-04 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Peflman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote. 12.D. ORDINANCE NO. 55-04: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for an increase of .045 cents per 1,000 gallons for treatment costs. If passed, a public heating will be scheduled for September 21, 2004. The caption of Ordinance No. 55-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2005; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 55-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Ms. McCarthy moved to approve Ordinance No. 55-04 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. 12.E. ORDINANCE NO. 56-04: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential, and irrigation rates for FY 2005. If passed, a public heating will be scheduled for September 21, 2004. The caption of Ordinance No. 56-04 is as follows: -16- 0~07m4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESiDENTIAL, NONRESiDENTIAL AND IRRIGATION RATES FOR FY 2005; PROViDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 56-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated this is about a 2% increase in water rates. Mr. Levinson moved to approve Ordinance No. 56-04 on FIRST Reading seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no comments or inquiries on non-agenda items. 11.B. From the Public. There were no public comments from the public. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13....~. COMMENTS AND INg~UIRIES ON NON-AGENDA ITEMS. 13.A. City Manaeer The City Manager stated he would like to update the Commission with regard to the aftermath of Hurricane Frances. With respect to Fire-Rescue, the City has reduced staffing to lower levels now operating with 39 personnel on duty and each 24-hour shift with normal staffing being a minimum of 31. Prior to and during the storm the City had 94 Fire-Rescue employees on duty with 22 response units. During the storm all Fire-Rescue stations were fully staffed including stations east of the Intracoastal and responses were only tempOrarily suspended based on high wind conditions for about three hours and there were no major emergencies during that period. During the operational period from midnight Friday to midnight Monday the Fire- -17- 09/07/04 Rescue Department responded to 272 alarms (approximately 126% above the daily norm). No Fire-Rescue personnel had reported any on-duty injuries as a result of the storm activities or response. Fire Station #3 is still without power and is on limited auxiliary power and Fire Station #6 is still without administrative telephones and dispatch ring down lines. However, dispatching is done by radio and that system is operational. The Fire Headquarters suffered some water damage from some windows and vents and cleaning and remediation is underway. With regard to the Police Department, the City Manager stated on Friday, September 3, 2004 at 6:00 a.m. the Police Department initiated its Hurricane Operational Plan and activated the Police Emergency Operations Center with 24-hour staffing. The instant command system is utilized to coordinate efforts and stabilize the pending incident. The barrier island was evacuated per the Palm Beach County Emergency Operations Center and entry was restricted by members of the Police Department. A curfew was enacted restricting movement during the hours of 8:00 p.m. to 6:00 a.m. During the storm, patrol units were strategically deployed from various locations throughout the City and field forces were utilized to provide adequate protection. Post storm activities included providing security for fuel service stations, traffic direction, bank security, and the establishment of a Federal Emergency Management Association (FEMA) distribution center at Pompey Park. During the period Friday, September 3, 2004, starting at midnight through Tuesday, September 7, 2004 at 4:00 p.m., the following activity has been reported: Police dispatched 755 calls, officers self initiated 599 calls; Fire- Rescue had 160 medical calls and 195 fire calls many of which were wires down. He stated dispatch received 1,122 emergency (911) calls and 6,604 non-emergency calls. The City Manager stated during hours of the curfew officers made over 500 contacts with various individuals. Additionally, over a dozen arrests have been made and two persons were arrested for burglary; one occurring at Atlantic High School and the other at the Tennis Center. On Tuesday evening, an individual was arrested as a result of a traffic stop for a car jacking in another jurisdiction. Currently the Police EOC is still in operation and increased staffing is continuing to patrol, provide traffic direction, and security as needed. Additionally, FEMA is considering activating a Disaster Recovery Center at Pompey Park utilizing the gym as work stations. The City Manager stated he is hopeful that the City will go back to more normal staffing levels with Police soon. With regard to status of utilities, the City Manager stated the water storage tanks are now full which is about 7 ½ million gallons of storage. The wells either remain off-line or on generated power with a steady supply rate of 7,000 gallons a minute which is about 10 million gallons per day and system pressure will begin gradually increasing to 45 pounds per square inch as of this morning. The Water Treatment Plant and all satellite pump stations are on-line with either FPL or generators except for Owens Baker. The City Manager stated approximately 75% of sewer lift stations remain off-line and the City obtained two portable generators from the Florida Rural Water Association (FRWA) and this morning received additional skid mounted generators from the FRWA. At this point, the City Manager gave more in depth detail on the Police Department. He stated some of the major intersections have lights again with the two biggest problems being on Congress Avenue at Linton Boulevard and Atlantic Avenue. -18- 09/07/04 The City Manager announced that the City received a call from the Palm Beach County Emergency Operations Center advising that three trains will be sent down to this area on the FEC carrying fuel and supplies and each train will be four miles long. He stated the City will handle each crossing since the crossing gates are not functioning. The City was informed that they would have one hour advanced notice to deploy and will inform the Fire-Rescue Department of the timing to ensure adequate resources on both sides of the tracks. The City Manager stated the trains are expected to pass through Delray Beach around 4:00 p.m., 6:00 p.m., and 8:00 p.m. The City Manager commended all City employees for performing extremely well during Hurricane Frances and he is very pleased that the planning and training that has been done over the years has paid off. He stated everyone has worked hard and continue to do an outstanding job. The City Manager stated when the aftermath of Hurricane Frances is over, he suggested that the City have a big celebration for all City employees during work hours (i.e. special holiday). 13.B. Ci,ty Attorney The City Attorney stated it was very interesting to be a part of the team at the Emergency Operations Center (EOC) and commended the Police Department, the Fire-Rescue Department, Public Works, and Environmental Services for all their efforts and hard work during Hurricane Frances. 13.C. Cit~ Commission 13.C.1. Ms. McCarthy Ms. McCarthy stated she had the opportunity to watch the EOC as well. She commended City staff and the volunteers for their efforts and noted thc EOC was phenomenal at how they kept things moving. In addition, Ms. McCarthy stated she also had direct contact with the Police Chief who kept her well informed and was very instrumental in troubleshooting situations she incurred along the way. She commended the City Manager and the Assistant City Manager and stated it is phenomenal what they have accomplished in a very short period of time. During the last several days, Ms. McCarthy stated she has been in contact with elected officials throughout Palm Beach County and they were amazed at how quickly Delray Beach put things in place. She stated information about the city was on many local airwaves (i.e. television and radio). She stated many of thc stores have not been re-supplied with goods yet. However, thc Senators who represent our area had a conference call today and they arc trying to expedite the canisters coming off thc port as quickly as possible so the goods can bc placed on trucks and stores can be stocked. -19- 09/07/04 13.C.2. Mr. Levinson Mr. Levinson stated the effort of the EOC staff was phenomenal and he thanked City staff as he saw them and concurs with the City Manager that something special should be done for all City employees. Secondly, Mr. Levinson commented about the Florida League of Cities Conference. With regard to false alarm calls, Mr. Levinson stated there is a new program that the City of Galnesville currently has where the alarm company will not call the Police or Fire Department directly but will only do it after they reach someone on your list. He stated this program is referred to as the Alternate Call System (ACS) where an individual has to provide the security company with their house number and one other primary contact. If the alarm company does not reach anyone after making the second call, then they call the appropriate authorities. Mr. Levinson stated he spoke with Bob Hagel who informed him there was minor damage to the roof of the administrative building. Mr. Levinson commented that he was extremely pleased with the City's readiness and the ability to deal with change. However, he stated he was very disappointed on the conference call at how poorly organized the County was. He stated the County had no real plan at Solid Waste to pickup recycling or vegetative waste and were only picking up garbage. Mr. Levinson stated there needs to be some additional effort on the County's part to deal with some of these issues. He stated he has spent three days driving around neighborhoods to see the aftermath of Hurricane Frances. He stated every place east of 1-95 informed him that they had not seen an FP&L truck in the area for three days. Mr. Levinson stated the City needs to discuss this with FP&L and in sympathy to them he would like to see what the City can do in terms of the issue of trees encroaching on power lines ~om private property. He suggested that the City enact an ordinance that if a tree is within five feet of a power line a property owner has six months to cut it down, relocate it, or pay to relocate the power line underground. 13.C.3. Mayor Perlman Mayor Perlman stated he spoke with Tony Newbold (FP&L) today and they are looking for specific problems throughout the City of Delray Beach and he provided the City Manager with additional telephone numbers to contact him. The City Manager stated the major issue is to restore power at the two intersections on Congress Avenue at Linton Boulevard and Atlantic Avenue because currently Police officers have to help direct traffic because the traffic lights are not working. Mr. Levinson stated that FP&L has a "critical sites" list and suggested that the City of Delray Beach review this list and make sure that what FP&L believes to be critical sites are indeed critical sites. - 20 - 09/07/04 Mayor Perlman thanked the City staff, all Departments, and Department Heads that left their homes to work in the EOC. He stated he particularly appreciated the regular communication he had with the City Manager throughout the event. He feels one of the great calls that were made early on was to lower the water pressure and as a result the City of Delray Beach did not have to boil water. He drove around the neighborhoods and was touched by the camaraderie of people and neighbors helping each other prepare for Hurricane Frances. He feels this was a terrific thing to see citywide and hopes the camaraderie lasts beyond just a few days. Mayor Perlman stated last night in sympathy he reached out to Lula and Leonard Butler because they are without power. He stated Mrs. Butler stated in spending time in the EOC she saw things in people that surprised her in those situations. In particular, Mrs. Butler was very impressed with Bob Barcinski, Paul Dorling, Susan Ruby, the City Manager, Chief Koen, Chief Schroeder, and Richard Hasko. Mayor Perlman inquired about the conditions of the beach. Paul Dorling, Director of Planning and Zoning, stated much of the sand is lost and there are some tiki hut remnants and logs on the beach along with some damage to the sail boats. Mr. Dorling stated approximately six sailboats need to be hauled out of the dtme and approximately half the beach is lost. Mr. Dorling stated the beach is not necessarily gone but is in offshore areas and as the waves subside that will be returning to the beach. The City Manager reiterated that this is what the beach is designed to do so the road and buildings do not end up being washed away. The City Manager stated the municipal beach will remain closed until the City feels it is safe from a sanitary standpoint. Bob Barcinski, Assistant City Manager, thanked the Golf Course staff, restaurant staff, and Ellie's Deli for quick mobilization in preparation to feed staff after the storm. Mayor P erlman suggested that staff draft letters of thanks in appreciation for the food. Mayor Perlman stated Fox News National called him with regard to Hurricane Frances and when he was about to be interviewed the power went out. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Heatings portion of the Agenda. 10~ PUBLIC HEARINGS: 10.A. RESOLUTION NO. 67-04 {TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2005. Prior to consideration of passage of this resolution, a public heating has been scheduled to be held at this time. The caption of Resolution No. 67-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF -21 - 09/07/04 DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 67-04 is on file in the City Clerk's office.) The City Attorney announced this resolution levies a tax on all properties in the City of Delray Beach for fiscal year 2005 as follows: 7.45 mills for operation and maintenance of the General Fund, 0.55 mills for the payment of principal and interest on bond indebtedness for a total of 8.0 mills as the tentative millage rate. The rolled back rate calculated under the TRIM law for operating purposes is 6.7619 mills. The tentative millage rate is 10.18% above the rolled back rate. 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 Perlman declared the public hearing open. There being no one fi.om the public who wished to address the Commission regarding Resolution 67-04, the public hearing was closed. Prior to the vote, Mayor Perlman stated this is the fourth consecutive year that the millage rate has remained at 8.0 mills and the operating millage has decreased this year. Therefore, the City of Delray Beach has been able to provide for the Bond Issue at no additional increase in tax. Mr. Levinson moved to approve Resolution No. 67-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote. 10.B: RESOLUTION NO. 69-04 (TENTATIVE MILl,AGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2005. Prior to consideration of passage of this resolution on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 69-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. - 22 - 09/07/04 (The official copy of Resolution No. 69-04 is on file in the City Clerk's office.) The City Attorney stated this resolution levies a tax in the amotmt of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for fiscal year 2005. This millage exceeds the 0.8477 rolled back rate calculated under the TRIM law by 17.97%. 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. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 69-04, the public heating was closed. Ms. McCarthy moved to approve Resolution No. 69-04, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. 10.C. RESOLUTION NO. 68-04 frENTATIVE BUDGET ADOPTION FOR FY 2005): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2004 through September 30, 2005. Prior to consideration of passage of this resolution on Second and FiNAL Reading, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 68-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2004, TO THE 30th DAY OF SEPTEMBER, 2005; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH iNCONSISTENCY. (The official copy of Resolution No. 68-04 is on file in the City Clerk's office.) 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. - 23 - 09/07/04 Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 68-04, the public heating was closed. Mr. Levinson moved to approve Resolution No. 68-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. 10.D. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 21~ 2004. 10.E. ORDINANCE NO. 50-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.4.18(B)(4), "Service Industry", of the Planned Commerce Center Zoning District, Allowed Uses, to add "Food Catering Establishments, preparation, and storage only (No Food Served on Premises)" as a permitted use. If passed, a second public hearing will be scheduled for September 21, 2004. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 50-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES BY AMENDING SECTION 4.4.18, "PLANNED COMMERCE CENTER (PCC) DISTRICT", SUBSECTION 4.4.18(B), "ALLOWED USES", SUBSUBSECTION 4.4.18(B)(4), "SERVICE INDUSTRY", PROVIDING THAT FOOD CATERING ESTABLISHMENTS, PREPARATION AND STORAGE ONLY, ARE AN ALLOWED USE WITHIN THE "SERVICE INDUSTRY" CLASSIFICATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-04 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, Director of Planning and Zoning, stated this is a privately initiated text amendment from Crazy From The Heat Restaurant, Inc. Mr. Dorling stated this group provides food preparation and off-site catering to several restaurants in the City and outside the City and have requested that this be added to the Service Industry category. Pursuant to LDR Section 4.4.18(B)(2), the allowed uses with the Light Industrial portion of the development are manufacturing, fabrication, assembly, wholesale, and distribution. Conversely, the Service -24- 0~07~4 Industry category allows uses that are primarily engaged in providing an off-site service but which maintains inventory, storage of materials, and a business office at a central location. The related prohibition of on-site food service is appropriate since restaurants are not consistent with the allowed uses within the Service Industry subsection. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. At its meeting of August 16, 2004, the Planning and Zoning Board held a public hearing regarding this item and the Board recommended approval with a 6-0 vote (Pike absent) of the proposed amendment to the LDR's Section 4.4.18(B)(4), based upon positive findings with respect to LDR Section 2.4.5(M). Mayor Perlman declared the public hearing open. There being no one fi.om the public who wished to address the Commission regarding Ordinance No. 50-04, the public hearing was closed. Mr. Levinson expressed concern that this ordinance would also permit mobile food vendors to be in an industrial park with more traffic than might otherwise be currently permitted. Mr. Dorling stated this is very similar to other uses that are currently allowed in that district; however, it does not specify "food catering". There are some other food processing types of operations that are currently allowed and have not been a problem in the past. Mr. Levinson moved to approve Ordinance No. 50-04 on First Reading/First Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 0 vote. There being no further business, Mayor Perlman declared the meeting adjourned at 7:07 p.m. Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 7, 2004, which Minutes were formally approved and adopted by the City Commission on -25- 0~07~4 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 as set forth above. -26- 09/07/04 SPECIAL MEETING SEPTEMBER 14, 2004 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff PerLman in the Madame C.J. Walker Room at Pompey Park Recreation Center at 6:00 P.M., on Tuesday, September 14, 2004. Roll call showed: Present - Commissioner Patticia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and Acting City Clerk Chevelle D. Nubin Mayor Perlman called the meeting to order and stated he would like to amend the Special Meeting agenda to include a general discussion on hurricane issues and announced that it had been called for the purpose of considering the following items: 1. ADDENDUM NO. 1 TO SERVICE AUTHORIZATION/PGAL. INC.: Approve Addendum No. 1 to Service Authorization No. 1 to PGAL, Inc. in the amount of $12,900.00 for Optional Service No. 1, a site survey required to provide the background for establishing the physical boundary parameters of alternative facility layouts for the proposed Old School Square Cultural Arts Center Parking Garage Project. Funding is av, i!,ble from 380-4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School Square). Commissioner Costin filed a Conflict of Interest and left dais. Mr. Levinson moved to approve the Addendum No. 1 to Service Authorization No. 1 to PGAL, Inc. in the amount of $12,900.00, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 4-0. 2. 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT (I-I.EBG]: Approve acceptance and the proposed allocation of the 2004 Local Law Enforcement Block Grant in the amount of $50,446.00 with a City match of funds in the amount of $5,044.00 for a total amount of $55,490.00. Funding is awiluble from 112-9111-581-91.15 (Law Enforcement Trust Fund/Transfer to Speciu! Proiects). Ms. McCarthy moved to accept and approve the proposed allocation of the 2004 Local Law Enforcement Block Grant in the total amount of $55,490.00, seconded by Mr. Levinson. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 4-0. 3. RESCISSION/EMERGENCY RESOLUTION: Approve the rescission of the Revised Emergency Resolution No. B. Commissioner Cosfin returned to dais. Mr. Costin moved to approve the rescission of the Revised Emergency Resolution No. B, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed 5-0. 4. GENERAL DISCUSSION/HURRICANE ISSUES: Discussion regarding storm debris removal in gated communities. It was the consensus of the Commission to have the City remove debris from gated communities. Mayor Perlman declared the Special Meeting adjourned at 6:15 p.m. Acting City Clerk A-I'I'I~ST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, September 14, 2004, which Minutes were formally approved and adopted by the City Commission on September 21, 2004. Acting City Clerk ~ If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 2 September 14, 2004 WHEREAS, N. Wfllard (Bill) Schwartz served in World War II as a First I~eutenant with the Infantry Division of the United States Army; and WHEREAS, B'fll was President and owner of A. Schwartz Company, a real estate firm that specialized in selling, managing, and constructing major industrial, commercial, and residential real estate; and WHEREAS, B'fll is a professional arbitrator; and WHEREAS, Bill has demonstrated his leadership and dedication to the City of De[ray Beach over the years through his many affiliations to include: Delaire Country Club, Citizens Democracy Corps, Progressive Residents of De[ray, Congregation B'nai Israel, and Delalre Property Owners Association; and WHEREAS, Bill was appointed to serve on the Delray Beach City Commission from February 1, 2000 through March 29, 2001, and he also served as Chairman of the De[ray Beach Planning and Zoning Board, Vice Chairman of the South County Jury Trial Feasibility Committee, and was a member of the Boca Raton Airport Authority Aviation Advisory Committee; and WHEREAS, Bill served with dignity and always in a gentlemanly manner; and WHEREAS, Bill celebrated his 80e Birthday on June 3, 2004. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby further recognize and congratulate N. y~TJI.I..~RD (BJIJ.) SCHWARTZ on his many achievements and diligent service to others and wish him the best of health and happ'mess. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of De[ray Beach, Florida, to be affixed this 21't day of September, 2004. JEFF PERLMAN MAYOR WHEREAS, the lives of hundreds of children can be saved each year if every community takes steps to make pedestrian safety a priority; and WHEREAS, parents and caregivers should teach children about pedestrian safety and become aware of the difficulties and dangers that children face on their trip to school each day; and WHEREAS, community leaders and parents should determine the "walkability" of their community by using the Walkable America Checklist; and WHEREAS, everyone should plan to make immediate changes to increase the safety of children who are w~lking in our communities and develop a list of suggestions for improvements that can be done over time; and WHEREAS, children, parents, and community leaders are joining together nationwide to walk to school and evaluate pedestrian safety in their community. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Dekay Beach, Florida, on behalf of the City Commission, do hereby proclaim October 6, 2004 as WALK OUR CHILDREN TO SCHOOL DAY in the City of Dekay Beach, and encourage all dtizens to consider the safety of pedestrians today and everyday. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Dekay Beach, Florida, to be affixed this 21" day of September 2004. JEFF PERLMAN MAYOR ~ o~, o ~ ~ ~o 0 m >~ ~ =. ~ ~ ~ z z q ~ 0 m__~ z 0 ~ ~oom 0 0 ! mO m~ oo~~ 0 00~~ ~~~ ~m = ~o Im z z I~ Schools in Delray Beach , PICT RD PLUMOSA DELRAY FULL SE ~ILLAGE ACADEMY GROVE N ~ Interstate 95 :HARD E LINTON , Major Roadways -- Secondary Roadway~ ~-] Delray Beach · Elementary · High Middle · ~ Other e Planned Schools 9/20/2004 - DLG Delray_Presentafion_9_2004.mxd DELRAY BEACH SCHOOLS ENROLLMENT AND SCHEDULED FACILITY IMPROVEMENTS Palm Beach County Oct 03 Estimated Actual FY05 Actual- School District FISH CSR Enrollment Projected Projected Scheduled Facility Opening SCHOOL Capacity Capacity 8~25~04 Enrollment Enrollment Improvements Data Planning - GIS ;LI=MENTARY Banyan Creek 799 586 758 729 29 Classroom Addition* 2008 Omhard View 1005 768 635 699 -64 Computer Connectivib/* Pine Grove 797 674 577 644 -67 Comprehensive Remodelin~l' 2010+ ~ Plumosa 652 543 391 447 -56 Comprehensive Remodelin~l* 2009 S.D. Spad¥ 434 ? 506 507 -1 Comprehensive Remodelin~l 2005 Villacale Academ~/ 877 646 481 467 14 Mid/Hi Classroom Addition' 2008/09 MIDDLE Carver 1377 1009 1368 1279 89 Classroom Addition* 2008 03-LL rea 1300 n/a rEa rea New Middle School for CSR** 2011 HIGH Atlantic 1731 ? t952 1991 -39 New School*** 2005 NOTES: Improvement information based upon FY05-FY09 Capital Improvement Plan. 3300 Forest Hill Blvd. * Timing and extent of project dependent upon passssge of 1/2 cent sales tax referendum. West Palm Beach, FL 33406 ** New school dependent upon Class-Size Reduction funding. Multiple sites under consideration. . ¢~;:~:~'~':~?~C~::~ J":~:<-)~ ~.~T:,,~.~'-~ ~%'~;:;': '. : ~ ~ ' ' .... , ~ -:,:'~ FA,:, ,~':, :-:" ' ~ '; ', ;' % :;.'~ · ::: : ~::: ,: ~':,:~M? ,i:~ '-.;:: , ~' ". ' ::~ ::: :::'. : , -::' ~:. ~ '~ ~}: :' ::~ : ' '" ~} -:~' :235: ~ :}~. , : .... }) ~ ': 238A 238] z39 ::~{ ; ;: , :: .: ~:: ~ .g',:. : : ...';~:?:' 1.2~ L, :F~ :;;~: ~:' ~':~::~; ~NOLLWOOD MINER ' :'' :~: - ":: : .... "~ '~ :;;,: .;: : ;: L: .... ';~: ;: ,;=':;.':: ;:;::: :;:'" : : _ - ,'..-:,:c~'::-::-/:~.~`:~::V~4,`.?¢~:~::: ~ ~ ~~ - : ~ ~ ,~ · ~. ..... , : ,, ..... :: .~'~[ ';7 ~' ' / ~' '1'; :::i : :- ~ ' o .... ;o ~ ~ ~[~ -*" ; ~ ~1 ~ ~ ~ 328; · ~o~ ~7~1 ~: I :?::~ ~':~'~::.~'~ ." ~~~ Stud ~lm B~oh ~ ~ To m~nt~ ~ ~ To Boynton Beach ~hool ~ ~'~ ~ ~H ~ ~YM~C HaG~ ~ ~CES~%~%~ ~ PAnning 239 ~40 246A 246B ~ I: 2~2 253 . ' 255 OLD BOYNTON 406A~!~ r~ ~ ~ : 254B ~ BOYNTON BEACH / ~287B~ 2~ml ~ ~CE~NI · o 100 m iJ ; : e ~VlSTAg~I/BOYNT~NBEAOH 2 : : ~ 262A 267A A 26~ 6 I AT~N' 'lC ' p M2~5 286 43 14 298B 302 12 311B 3121 2~0 Palm B~ch Coun~ ~g..~ Study ATL-2 BLOWN UP ~ TO Atlantic ~ TO ~ynton Beach School O]stri~ m In~te 95 WEST B~A RATON A~ding ~gn~ High ~h~ w~-s. AIDSo,,, CaSeSo,,, o~ando=Deathso= ta bring our numbers dawn" African-Americans make up 12% of the US population. Sadly, our · ' 12% makes up 47% of all AIDS cases reported in this country. The · statistics hit home when you realize that I in 50 African-American .i ' men and I in 160 African~American women is reported to be infected : with HIV, the virus that causes AIDS, according to The Center for :. :. Disease Control. More pointedly, 2 out of 3 women living with AIDS in the US are African-American. And despite efforts to reduce the trend, :'..: our numbers continue to dse. For every Caucasian person that tests HIV positive, eight African-Americans are also found to have the virus--and the assumption is that there are many more infected peo- pie who have yet to be tested. As African-Americans, we need to : . take this epidemic more seriously. We need to take care of ourselves. To bdng our numbers down, we need to take steps that can truly affect change in our community. So let's start by agreeing to take the following actions: · .' · --See your doctor, get tested, go back and get the results .i. ' i. ': --Develop a relationship with a healthcare professional and encour- age family and friends to do the same ---¢Make a commitment to taking your HIV medications, if prescribed ' . .. --Practice safer sex every time ---Keep track of HIV/AIDS research, deve!.opments and legislation .. There is no cure for AIDS. Though every day we learn more about living with the virus, we need to protect each other so we can bring our numbers down together. That means getting tested, knowing our status, and taking advantage of our options so we can do our part to stop the spread of the disease. We have to be responsible for our- selves. i" Earvin "Magic" Johnson AIDS Cases N=42,156' Population N=285,863,000 AIDS Cases Reported in 2000 Representing 12% of the US population, one might expect African- 1%.. Americans to represent 12% of AIDS <1' cases in the US. In the year 2000 however, the number was actually 47%--almost four times the statistical expectation. This illustrates that the distribution of AIDS cases reported *Includes 117 persons with unknown race/ethnicity among some racial/ethnic groups is · White · Hispanic ~ American Indian/ disproportional to the distribution of . :' . .:. · Black · Asian/Pacific Islander A~aska Native the general population. CDC Updated Ethnicity Data - :" " - -~, Proportional Rises and Falls . ~ * of AIDS Cases ~O As the numbers go up, the .. ': o proportions shift. Because Afdcan- : ' ~ 30 Americans are being diagnosed :::' o 20 ~ with AIDS at an increased rate, our o. -~ percentage has gone up while that .: .. J0 , of Caucasians has gone down. ' ::' ': o "-T , , , , , ,~~"-T , , ,~--*'?-'~'"*' ,--~'~ .... African-Americans now represent 1986 1988 1990 1992 1994 1996 1998 2000 !" Year of Report the ethnic group with the highest :.. :.. · White · Hispanic ~ American Indian/ percentage of AIDS in the US. · Black · Asian/Pacific Islander Alaska Native CDC Updated Ethnicity Data Of the 774,467 AIDS cases reported to CDC through AIDS in African-Americans 2000, Blacks and Hispanics accounted for .':. and Hispanics 56% of Total African-Americans and Hispanics, : ':' . · 78% of Women ' '" 79% of Heterosexuals* the minority of the population, : ~ : :' 82% of Children account for the majority of AIDS : cases. Women, heterosexuals, and · Of AIDS cases reported in 2000, 66% were among Black and Hispanic adults and adolescents, children with AIDS are aisc revealed to be overwhelmingly African- *Heterosexual injection drug users and persons with heterosexually acquired HIV Amedcan and Hispanic. CDC Updated Ethnicity Data You're to act. Dear Friend, Some people are willing to listen to what have to say just because I used to play basketball. I may be well known, but that doesn't mean my voice is more important than yours or anyone else's. I just speak for myself, speak up for my community, and speak out for what I believe in. . :'. But I am only one person. I need your strength. I need your voice. If we come together, support each other and combine our efforts, I know that we can positively affect the future. We already have the numbers. We just :;... need to find the strength in them. ; · Getting tested and encouraging those we love to get tested will make a :. huge difference in the fight against HIV and AIDS. Mothers and fathers, daughters and sons, boyfriends and girlfriends are all being exposed to the .' disease simply because someone didn't know their own status. And let's ': not forget the children oighty-two percent of children with AIDS are Black or Hispanic. We have to hold ourselves responsible for that. We have to - :. " get tested. Not out of fear or shame, but out of love. Out of preservation. Out of respect for each other and the .next generation. So, whether you're HIV positive or not, we need you in the struggle. We need you to support the people and organizations that are doing positive things in the community. Get involved. Take the momentum you gained from today's event and use it to do something real. No one can save us but ourselves. Time is life, so let's act now. Earvin "Magic" Johnson Sometimes, we dan'~ reah'ze our awn s~ren, qrn." in}termed, encourafle the people we care abo. t "' ' ':" to ffet tested, and brinfl our numbers down. It's somethinff we have to do. : . btere's how we can do it: 1. Get tested--many clinics offer free and anonymous HIV testing. It only takes a few minutes (and a lot of courage), and sometimes, you can get the results ii. dght away. :': i .. 2. Take a fdend to get tested, pick up the results . together--be there for the people you care about. Encourage and suppor~-them. There's no shame in protecting the ones you love. ~ : 3. Find a healthcare team you trust. HIV positive or not, we all need to better understand the risks we take with our bodies. .- Whether you have questions about HIV testing or were diagnosed with the disease 10 years ago, you're here. Congratulations. Today is yours. Educating yourself about the options available to you, your family and friends is an excellent way to positively affect your tomorrow. Earvin Johnson's story is a perfect example of the importance of getting tested for and educated about HIV. He never thought he was at risk, so he never thought to get tested. It wasn't until he got the results from a routine physical that he found out how wrong he was. Hearing the results was hard, but Earvin will tell you that nothing was harder than having to wait a week to find out if he had unknowingly exposed his wife and unborn son to the virus. Fortunately, mother and son both came back negative. Getting tested was the best thing he could'ye done. If he hadn't been tested, he wouldn't have known. After he got the results, Earvin had to think about treatment. So, for the past twelve years, he and his doctors have been working together to make sure that the disciplined treatment schedule he's on is right for him. His positive attitude and his continued health give him hope that they have made the right decisions along the way. The best part of this story is that people who get tested eady and are committed to treatment have a better chance of living a longer life with HIV. Medicines are more effective than ever--in fact, the treatment that Earvin Johnson is on is available to anyone living with HIV. But again, it's a matter of knowing your status, being aware of the risks and working with a healthcare team. We hope you enjoy this event. If you leave here with any unanswered questions, and would like additional information, please visit www.treathiv, com. Earvin Johnson c/o Popper Swift & Associates 50 Locust Avenue New Canaan, CT 06840 We set up this event to facilitate a dialogue about HIV and HIV testing in our community. Please take a moment to let us know what you thought about the program and what, if anything, we should address at future events. With your input, we can make sure that we maximize our efforts and the effects on the community. Please return the completed form to the registration desk or fax your comments to 203-966-4090. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: A(~ENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 2L 2004 ~HAN(~E ORDER NO. 1/FINAL PAYMENT/RANDOLPH AND DEWDNEY CONSTRUCTION, INC. DATE: SEPTEMBER 17, 2004 This is before the City Commission to approve Change Order No. 1 in the net deduct mount of $5,000.00, and final payment in the amount of $10,268.65 to Randolph and Dewclney Construction, Inc. for completion of the Municipal Cemetery Restroom Facility Project. Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings). Recommend approval of Change Order No. 1 and final payment to Randolph and Dewdney Construction, Inc. for completion of the Municipal Cemetery Restroom Facility Project. S:\City Clerk\agenda memo~\ Final Payment. Randolph & Dewchaey.09.21.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www. myde[raybeach.com TO: David Harden~ager FROM: Victor Majten~i, Construction Manager SUBJECT: CEMETERY RESTROOM FACILITY (P/N 2003-042) Agenda Request; Change Order # 1/Final and Final Payment DATE: September 13, 2004 Attached is an Agenda Request for Change Order # 1/Final in the deduct amount of $5,000.00 and a request for final payment in the amount of $10,268.65 to Randolph & Dewdney Construction, Inc. for the completion of the Cemetery Restroom Facility project, P/N 2003-042. This change order will liquidate the contingency allowance not used under the contract. The project is complete with all closeout documentation received. A contractor evaluation is attached for your review. Staff recommends approval of Change Order gl/Final in the deduct amount of $5,000.00 and final payment in the amount of $10,268.65 to Randolph & Dewdney Construction, Inc. Residual funds will be liquidated from P.O.# 619548 to account 334-6111-519-62.10 (General Construction Fund/Buildings). cc: Richard Hasko, P.E.; Director of Environmental Services Randal Krejcarek, P.E.; City Engineer Rafael Ballestero; Dep. Dir. of Construction Joe Weldon; Parks & Recreation Director Rich Connell; Assist. Parks & Recreation Director Carolanne Kucmerowski; City Clerks Office Agenda file; 09/21/04 Project File; 2003~042(A) S:~EngAdmin~rojects~2003L2003-042\CONSTRCT~Agnd memo COgl Fin R&D 09.21.04.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 / Final PROJECT NO. 03-042 DATE: PROJECT TITLE: Cemetery Restroom Facility TO CONTRACTOR: Randolph & Dewdney Construction, Inc. 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: Liquidate contingency allowance not used, as outlined in attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $80,596.45 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $80,596.45 COST OF CONSTRUCTION CHANGES THIS ORDER ($5,000.00) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $75,596.45 PER CENT DECREASE THIS CHANGE ORDER -6.2 % TOTAL PER CENT DECREASE TO DATE -6.2 % 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. Randolph & Dewdney Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from accounts: 334-6111-519-62.10 (-$5,000.00). DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services City Manager ATTEST: APPROVED: By: City Attorney City Clerk S:~EngAdmin~Projccts~2003~2003 -042\CONSTRCT~CO# 1 Final R&D 09.21.04.doc Cemetery Restroom Facility PIN 2003-042 Change Order #1/Final Schedule A Randolph& Dewdney COnstruCtion, Inc. Contract To date ITEM ITEM DESCRIPTION UNIT UNIT PRICE QNTY EXTENDED QNTY EXTENDED NO. PRICE PRICE I New Building LS $70,186.45 1 $70,186.45 1 $70,186.45 2 Septic System; Tank & Drainfield LS $5,400.00 1 $5,400.00 1 $5,400.00 3 Landscape & Irrigation LS N/A I NA I N/A 4 Contingency Allowance LS $5,000.00 1 $5,000.00 0 $0.00 5 Indemnification LS $10.00 I $10.00 1 $10.00 .......................................................................................................................... F .............................................................. TOTAL Contract $80,596.45 $75,596.45 Original Contract $80,596.45 Previous Changes $0.00 Contract approved to date $80,596.45 Actual Contract to date $75,596.45 Change Order #1/Final ($5,000.00) City of Delray Beach Cemetery Restroom Facility, P/N 2003-042 Page P 1 of 1 Agenda Item No.:(~'~ AGENDA REQUEST DATE: September 13, 2004 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When: September 21, 2004 Description of item (who, what, where, how much): Change Order #1/Final in the deduct amount of $5,000.00 and a request for final payment in the amount of $10,268.65 to Randolph & Dewdney Construction, Inc. for the completion of the Cemetery Restroom Facility project, PIN 2003-042. This change order will liquidate the contingency allowance not used under the contract. Funds will be liquidated from P.O.#619548 to account 334-6111-519-62.10, General Construction Fund/ Buildings. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Approve Change Order #1/Final and final payment to Randolph & Dewdney Construction, Inc. for ~ove rej~nced project. Department Head// / / )(//~',. Signature: ~, ~,; '-~=¢~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives . (if applicable) Account No. & Description See above Account Balance See above City Manager Review: Approved for agenda: ~(.~:,/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2003-042(A) S:~EngAdmin~Projects~2003~2003-042\CONSTRCTXAgnd req CO#1 Fin R&D 09.21.04.doc THRU: PAUL DORLING, D~CTOR OF PLANNING AND ZONING v FROM: SCOTT D. PAPE, SENIOR PLANNER SUBJECT: MEETING OF SEPTEMBER 21, 2004 ***CONSENT AGENDA*** AUTHORIZATION TO PROCEED WITH DUNE REVEGETATION TASK ASSOCIATED WITH THE BEACH RENOURISHMENT PROJECT The CIP (Capital Improvement Program) has allocated $50,000 per year (Acct. #332- 4164-572-34.90) for four consecutive years beginning in fiscal year 2003-2004 for dune revegetation. This restoration work will be conducted consistent with the City's Dune Management Plan adopted by the City Commission on January 10, 1995. These tasks will include Sea Grape trimming, mechanical removal of exotic vegetation and replanting the dune system with appropriate native landscape material. The City has recently received permits from the Florida Department of Environmental Protection to conduct these activities on six sections (#29 through #31)[see attached map] on the north end of the beach. Universal Beach Service Corporation has conducted the mechanical removal of the exotic landscape material for these sections. This task was conducted over 19 days resulting in the removal of 63 tons of vegetative matter. The trimming of Sea Grape trees was simultaneously conducted for these same sections by Zimmerman Tree Services. The vegetation removal task cost will be $20,550, the tree trimming task will be $4,809 and the related consulting fees will be $4,023. The next steps will involve the purchase and installation of plant materials and is scheduled to begin within the next few weeks. The balance of the $50,000 ($20,618) will cover the plant material, labor and associated consultant fees. Funds are available from the Long Range Erosion Control Budget and 78.16% of the project cost ($39,083) will be reimbursed by Federal and State agencies. The balance will be the local cost and has been budgeted. Authorize the Dune Revegetation Task and related billings for tree trimming (Zimmerman Tree Trimming for $4,809), Universal Beach Cleaning Vegetation removal ($20,550) and consultant fees ($4,023). The $20,618 balance will cover the plant material, labor, and consultant fees. Attachment: Location Map TO: David Harden, City Manager FROM: Tina L. Lunsford, Administrative Officer DATE: September 10, 2004 SUBJECT: 2004 Local Law Enforcement Block Grant We are resubmitting this item to the City Commission for re-approval. The item was previously approved at the September 14, 2004, City Commission Meeting with the incorrect expenditure account number and the incorrect City match amount. The Police Depa~iment has been awarded a Federal Block Grant; total grant award is $50,446, with a 10% City match of $5,605. The grant will fund the Holiday Task Force ($40,000) and the Volunteer Program ($16,051). The 10% match will be funded from the Department's Special Project Fund Reserve for Federal Forfeiture Fund 115-0000-248-99.00. The grant will be used to fund the following items: Holiday Task Force, $40,000 in account 115-2129-521-14.10 for Overtime and 115- 2129-521-21.10 for FICA; Volunteer program, $16,051 in account 115-2129-521-49.50. Should you have any questions or require any additional information, please do not hesitate to contact me. A~chment FY 2004 Local Law Enforcement Block Grants Program ~ Delray Beach City, FL Application Award RFD Grant Changes Final Grant Report Correspondence ISwitch to ... Grant R'andheok Application was submitted on July 16, 2004 08:44:11 AM EDT. Click here to print a View Only copy. LLEBG FY 2004 Application View Application Date Certified: 16-JUL-04 IOate Submitted: 16-JUL-04 Jurisdiction Information Help/Frequently Asked dudsdicfi°n:Delray Beach City County:PALM State:FLORIDA CDFA Number: Qucsti0ns BEACH 16.592 DUNS Number: LLEBG Home 07-728-3737 Log-Off Budget Information EHgib~e Award Amount: Final Award Match Amount: ~atching Funds Amount: Description: $50,446 $5,605 ~-~ate and Local Government Units $5O,446 CEO Information Title: Name Prefix: Last Name: First Name City Manager Harden David Mr. e, ddress: Telephone: Fax: Email: 100 NW 1st Avenue (561) 243- (561) 243- Delray Beach, FL 33444-3695 7010 7t86 ~unghans~ci.delray- beach.fi.us Program Contact Information Title: Name Prefix: Last Name: First Name: Administrative Ben,ices Director David Mr. Junghans Address: Telephone: Fax: Email: 300 West Atlantic Ave. [561) 243- (561) 243- Delray Beach, FL33444-3B95 7852 7816 junghans~ci.delray- beach.fi.us Application Details Bate Agreed to Trust Fund Requirement: Applicant is PSOHB Compliant: 16~JUL-04 Yes Date Agreed to SPOC Requirement: Date Agreed to SAA Review 16-JUL-04 Requirement: Date Agreed to Certifications: i Date Agreed to Assurances: 16-JUL-04 16-JUL-04 https//grants ojp usdoj gov/llebgs//llebg2OOO.11ebg_main app_read_only?p_bgid=6 7/16/2004 U.S. DEPARTMENT OF JUSTICE AWARD OFFICE OF JUSTICE PROGRAMS CHECK APPROPRIATE BOX I. GRANTEE NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2004-LB-BX-0636 / [] Suppiemontal 2A, SUBGRANTEE IRS~'ENDOR NO. 9. PREVIOUS AWARD AMOUNT 3. PROSECT TITLE ]0. AMOUNT OF THIS AWARD S50,446 THEORANTEEW1LLKECEIVECASHVIAALETTEROFCREDIT [] YES [] NO u.s. nE~'^R'rME~T OF rds'rIc£ AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET [] [] Nn [] ovc [] CO0 ERATtVE SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OIP) Financial Guide. 2. The recipient agrees to comply with the organizational audit requirements of OMB Circular, A- 133, Audits of States, Local Govenunents and Non-Profit Organizations, as further described in OJP's Financial Guide, Chapter 19. 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in suppori of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient agrees that federal funds under this award will be used to supplement but ~tol supplant state o~ local funds, pursuant to section 101(g) of H.R. 728, 104th Cong. (1995). _ _) 6. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2004-LB-BX-0636 awarded by the Bureau of Justice Assistance, Office of Jushce Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 7. The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of Justice. 8. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enfomement officers and/or support personnel, as described in the applicable purpose area of Subpart A section 101(a)(2) of H.R. 728, 104th Cong. (1995), that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public safety service. If the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, the unit of local government will establish procedures to give members of the Armed Forces who, on or after October l, 1990, were or are selected for involuntary separation (as described in section 1141 of Title 10, United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. U.S. I)E?AR13ViENT OF JUST[CE AWARD CONTINUATION OFFICE OF JUSTICE PROO~MS SHEET SPECIAL CONDITIONS CONTINUED 9. The recipient agrees this award document constitutes the obligation of federal funds for use by the recipmnt ~n execution of the program or project covered by the award. Such obligation may be terminated without ftlr~hcr cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions within 45 calendar days from the date of award. 10. The recipient agrees to submit the Request for Drawdown via the Internet system within 90 calendar days from the date of award, or to have all federal funds deobligated for redistribution during the next funding cycle. 11. Local recipients agree to one 24 month obligation and expenditure period, as established at the approval ct'the Request for Drawdown. All funds must be expended by the end of this 24 month period with ~o 12. The recipient agrees to provide and expend a i0 percent cash match (calculated as 1/9 of the federal award amount) before the end oftbe 24 month obligation and expenditure period. The recipient is reminded that the matching funds are subject to audit under Special Condition #2 and will be binding to the recipient. Program income/interest earned on Federal funds may not be considered as part of reeipient's 10 percent cash match. 13. Local recipients are required to establish a trust fund account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also _ _' agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the 24 month ~ period. Grant funds (including any interest earned) not expended by the end of the 24 month period must be returned to the Bureau of Justice Assistance (BJA) by the end of the 27th month, a cng w th the fina subm ss on oftbe Financial Status Report (SF4269A). 14. The recipient agrees to submit one final progress report via the Internet system at the end of the 24 month obligation and expenditure period. 15. The recipient agrees, if funds are used by the recipient or subrecipient for enhancing security and/or crime prevention programs, that the recipient or subrecipient - - (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101(a)(2), on the incidence of cfime in the geographic area where the enhancement is undertaken, and; Co) will conduct such an assessment with respect to each such enhancement; (c) will submit to the Bureau of Justice Assistance (BJA) an annual written assessment report; and (d) will include a summary of the annual assessments conducted during the term of the grant in the Final Grant Report to be submitted. U,S. DE?ARTMENT OF nJSTICE AWARD CONTINUATION OFFICE OF/USTICE PROGRAHS SHEET CHECK APPROPRLa. TE BOX SPECL4L CONDITIONS CONTINUED 16. The recipient agreus to comply with 28 CFR Part 23 if federal funds are used to Support Criminal intelligence Systems. 17. The recipient agrees to assist BJA in complying with the Natianal Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of thuse grant funds, either directly by the recipient or by a subreeipient. Accordingly, prior to obligating grant funds, the recipient agrees to first determine if any of the following activities will be related to the use of the grant funds. The recipient understands that this special condition applies to its following new activities, whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or efigiblc for listing on the National RegistEr of Historic Places or (b) located within a 100-year flood plain; 3. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. Application of This Special Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipient's existing programs or activities that will be funded with these grant funds, the recipient, upon specific request from BJA, agrees to cooperate with B]A in any preparation by B]A of a national or program environmental assessment of that funded program or activity. 8. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.ojp.usdoj.gov/ee/states.htm OJ~ FOILM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE U.S. DE~^~TM~NT OF ,qJsYIC~ AWARD CONTINUATION OFFICE OF JUSTICE PEOGRAMS SHEET CHECK APPROPKIATE BOX SPECL4L CONDITIONS CONTINUED 19. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, at least one ( 1 ) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to B.IA, via the Interact system, of the public hearing. At the hearing, persons shall be given a~ oppol~Lmily i~ provide written and oral views to the recipient on the proposed use(s) of the grant funds. The reciplem will hold the public bearing at a time end place that allows and encourages public attendance and parttctpat~on The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 20. The recipient agrees that prior t~ the obligation or expenditure of any LLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG Program. Membership on the adv/sory board must include a repn:sentative from the following, though it may be broader: a) the local police department or sheriff's department; __ ~/ b) the local prosecutor's office; c) the local court system; d) the local school system; and, e) a local nonprofit, educational, religious, or community group active in crime prevention or drug use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocatious are adopted by the recipient. 21. The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2004, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-273) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by section 1204 of Title 1 of the Omnibus Crime ControI and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while on duty. 22. The recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. The recipient further agrees not to subaward funds to local jails which operate "pay-ta-stay" programs. U.S. DEF^UT~ENT OF PJSTICE AWARD CONTINUATION OFFICE OF JUST[CE PROGE~MS S H EET CHECK APPROPRIATE BOX PROTECT INUMBER: 2004-LB-BX-06~6 AWARD DATE 0727,2004 SPECIAL CONDITIONS CONTINUED 23 . Mitigation of Health, Safety, and Environmental Risks a. General Requirement: The grantee agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the investigation and cloanre of clandestine methamphetamine laboratories and the removal and the disposal of the chemicals, equipment, and wastes used in or resulting from the operations of these laboratories. b. Specific Requirements: The grantee understands and agrees that any program or initiative involving either the identification, seizure, or closure of clandestine methamphetamine laboratories, hereafter referred to as the "Program", can result in adverse health, safety, and environmental impacts to (1) the law enforcement and other govemmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment; and (4) the immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and wastes from a seized laboratory's operations are placed or come to rest. - ~ Therefore, the grantee further agrees that in order to avoid or mitigate the possible adverse health, salb~y, and environmental impacts of its Program, it will (1) include the nine~ below listed protective measures or components within ita Program; (2) provide for their adequate funding to include fonding~ as ~cc~:s~,~?. beyond that provided by this grant agreement; and (3) implement these protective measures throughou~ thc life of this grant agreement. In so doing, the grantee understands that it may implement these protective measures directly through the use of its own resources and staffor may secure the qualified services of other agencies, contractors, or other qualified third parties. 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seiznre or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the grantae to either the seizure or the eleaure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the Program with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF J~rSTICE PROOI~MS SHEET CHECK APPROPRIATE BOX SPECIAL CONDITIONS CONTINUED 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5~ and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible state environmental agency that provides for that agency's (i) timely evaluation of the environmantal conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing state and federal requirements; and 9. Include among the personnel involved in seizing clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any of the offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations, or health care. c. Additional Requirements: As part of the Request for Drawdown process, the Grantee shall submit a brief description of its project sufficient for the Office of Justice Programs (OJP) to determine whether any additional compliance with federal environmental statutes and regulations needs to occur prior to the issuance of LLEBG funds. Furthermore, once LLEBG funds are issued, the Grantee shall notify OJP if the project changes significantly from the description in the Request for Drawdown, or if significant new information is revealed during the course of the expenditure of LLEBG funds so that OJP can determine whether any additional environmental analyses need to be completed. Delray Beach Police Department BJA BLOCK GRANT MEETING 08-23-04 ~ 0900 b_rs Chief's Conference Room PRESENT: Chief Joseph Sehroeder, Administrative Director Tina Lunsford, City Attorney Brian Shutt, A.S.A. Uriel Neto (COMBAT, Community Based Anti-Crime Task Force), Atlantic Community High School Principal Kathlecn Weigel ABSENT: Edith Thompson, Community Neighborhood OBJECTIVE: Every year part of the grant requirement is to meet with community leaders to share the agenda of the grant. The purpose of this meeting is to explain the BJA Block Grant and its requirements. GRANT ALLOCATION: The grant allocation for this year is $50,446, which is down from last year. There is a 10% match given by the City. HOLIDAY TASK FORCE: $40,000 will be allocated to the Holiday Task Force which runs from Thanksgiving to the New Year. The purpose of the task force is to saturate all shopping centers in the Delray Beach area and provide high profile appearance of our officers during the holiday season. The allocation will cover overtime expenses. VOLUNTEER PROGRAM: $10,446 will be allocated to the Police Department's volunteer programs. The volunteer programs are funded through this grant and include costs associated with uniforms, equipment, supplies, vehicle leases, awards and other special events. CLOSING: Chief Sehroeder asked for approval of the aforementioned expenses. All persons present were in favor. The request will now go before the City Commission. Meeting concluded 0930 hrs. /rmh DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: FILE FROM: Chief Joseph L. Schroede,~~~ Chief of Police DATE: August 31,2004 SUBJECT: BJA BLOCK GRANT MEETING -ABSENTEE On August 31, 2004, I spoke via telephone with Edith Thompson of Community Neighborhood. Ms. Thompson was absent during the August 23, 2004 meeting regarding the BJA Block Grant allocation. I explained to Ms. Thompson the objective of the grant and the fund allocation as discussed during the meeting. Ms. Thompson was in agreement as to the request to allocate the grant funds through the Holiday Task Fome and Volunteer Programs. JLS/rmh MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~// SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING SEPTEMBER 2L 201}4 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 17, 2004 Attached is the Report of Appealable Land Use Items for the period September 7, 2004 through September 17, 2004. 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. S:\City Clerk\agenda memos\ ap~alem.09.21.04 FROM: JASMIN ALLEN, PLANN~R/~/-~'rnc~q~ ~ SUBJECT: MEETING OF SEPTEMBER 21, 2004 *CONSENTAGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 7, 2004 THRU SEPTEMBER 17, 2004 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of September 7, 2004 through September 17, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No Regular Meeting of the Planning and Zoning Board was held during this period. A. Approved (5 to 0, Reginald Cox and Mayer Abbo absent), a Class III site plan modification and architectural elevation plan associated with the conversion of 1,607 square feet of office to restaurant for Cold Stone Creamery, located on the south side of East Atlantic Avenue, east of SE 1st Avenue (110 East Atlantic Avenue). No appealable items were considered by the Historic Preservation Board. The following items which were considered by the Board will be forwarded to the City Commission for action: City Commission Documentation Appealable Items Meeting of September 21, 2004 Page 2 · Recommended approval (4 to 0, Linda Lake arrived late, Randy Schatz and Michelle Reich absent), of an amendment to the Land Development Regulations Section 1.3.6(A) to exclude historically contributing properties from the yearly percentage restrictions relating to interior and exterior repair and maintenance on nonconforming structures. · Recommended approved (4 to 0), of an amendment to Land Development Regulations Sections 4.4.24(B) (11) and 4.4.24(F) (1) to amend the Old School Square Historic Arts District (OSSHAD) to allow the permitted uses and development standards of the Central Business District (CBD) (LDR Section 4.4.13) to apply to the southern portion of Lot 5 and all of Lot 6, Block 75 of the Town of Delray subdivision. These lots are located on the east side of NE 1st Avenue, approximately 163' north of NE 1st Street. · Recommended denial (5 to 0), of amendments to Land Development Regulations Sections 4.4.24 and 4.3.4(K) pertaining to the OSSHAD (Old School Square Historic Arts District). Other Items · The Board postponed on a 5 to 0 vote the public hearing date for the proposed Dell Park Historic district from October 6, 2004 to October 20, 2004 to allow consideration after a rescheduled Neighborhood Association meeting is held. By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - SEPTEMBER 21, 2004 ~,, ~ //- ' '~ ~ ~11~ IIc .............................~ SP~B ~ o~.~ I MEMORANDUM To: David T. Harden, City Manager From: Joseph M. Safford~mmance Director Date: September 17, 2004 Subject: Contract Change Order No. 1- D&J Enterprises, Inc. We are in receipt of correspondence from Mr. James Starr, Secretary/Treasurer of D&J Enterprises, Inc., our contract debris management fn'm for Hurricane Frances, an error was made in their contract. In Exhibit B, Item 3.0 the rate of $.025 per cubic yard should be $.25 per cubic yard. The contract for debris management was awarded by bid to several debris management firms. In reviewing the stated rates for Item 3.0 (see attached Exhibit B) we found the stated rates as follows: · D&J Enterprises, Inc. $.025 per cubic yard · Phillips and Jordan, Inc. $1.73 per cubic yard · DRC, Inc. $5.92 per cubic yard Based upon these comparisons, we would find that $.025 per cubic yard would probably be an error on the part of D&J and would recommend that their $.25 per cubic yard rate be accepted. This rate is still very reasonable considering the other rates. Please forward this request to the City Commission for approval of Change Order No. 1 to the D&J Enterprises, Inc. contract. This information has been provided to the City Attorney and she also requested that this be provided to the City Commission for contract change order approval. Please contact this office if there are further questions. Attachinent Cc: Susan A. Ruby, City Attorney 0470B/2000 23 17 FAX ~001/002 D & J Enterprises, Inc. 3495 Lee Rd. 10 - Auburn, A1 36832 (334) 821-1249 (334) 821-5227-Fax Fax To: Mr. Joseph M. Safford Fax From: James L. Start Date: 09/16/2004 No. Of Pages: 2 Notes: 04/08/2000 23 17 FAX ~O02/O02 D & J Enterprises, Inc. 3495 Lee Rd 10 - Auburn, Al 36832 (334) 821-1249 Mr. Joseph M. Safford Director of Finance City of Delray Beach Delray Beach, F1 Re: Hurricane/Disaster Debris Removal, Reduction and Disposal, Contract No. 01-253 Dear Mr. Safford, As per our conversation, please note item 3.0, exhibit B, part A of the contract is shown as .025. This is an error that we just discovered. Please change this item to $0.25 per cubic yard. Thank you for your consideration in this matter. nes L. Start ExMblt B C~TliKPRISE$, INC. - CONTRACT HO. 01-253 PART A Unit . Unit Price 1.0 Public ~ and Right of Way Pickup end I-laullng to a designated TemporaP/Debds ~nagemenl 8#e m' Disposal Facility 5.0 mae~ away (one-wa~ ml~es). CY $ ~t the rate. .) · -UNIT PRJCE8 mmspo~a~on, mob#izaUofl, and demob#iza~m, ular phones, housing, YARD.MIL.E~ A Ymd-Mlle b defined ~ Ihe volume of ............ . · ......... ,= ,,,~-~o, ro~e. The distance wl~ be measured road If'Ibex°ne way distance from I~e pickup point lo ihe Tempo~my Debds Management ~lte is (Esllmated yards In Iruck x Bid Rate per Yard (llem 1.0)) plus (Estimated yards In Imck x (One-way Miles minus 5.0) x Bid Pale per Yard-Mile (Item 2.0)). Control No. 7/2./'2001 AGENDA ITEM NUMBER: ~-~ AGENDA REQUEST Date: September 17, 2004 Request to be placed on: X Consent Agenda __ Special Agenda __ Workshop Agenda When: September 21~ 2004 Description of agenda item: Contract Change Order #1 to D & J Enterprises, Inc. Debris Management Contract Exhibit "B" 3.0. Change Rate from $.025 to $.25 per cubic yard to Correct erroneous rate. Costs to be reimbursed by insurance and FEMA. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO X Recommendation: Recommend approval of rate change. Still much lower than other bids. See memo and correspondence attached. Department Head Signature: '--~, ~ ~ ~ !, ~ t 0 ~ Joseph M. Saffor'd-' ' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: Yes No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # SUBJECT: MEETING OF SEPTEMBER 21, 2004 APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL OF A CLASS IV SITE PLAN MODIFICATION~ LANDSCAPE PLAN AND ELEVATIONS ASSOCIATED WITH THE CONSTRUCTION OF TWO (2) NEW APARTMENT BUILDINGS AT PALMS OF DELRAY. The action requested of the City Commission is that of consideration of an appeal of the Site Plan Review and Appearance Board's approval of a Class IV site plan modification, landscape plan, and architectural elevations for the construction of two (2) new apartment buildings at Palms of Delray. The subject property is located on the south side of Dotterel Road, approximately 100' feet east of Jaeger Drive. The Site Plan Review and Appearance Board's action was taken on July 28, 2004. The action was appealed on August 10, 2004 by Peter B. Scott, board member of Palms of Delray's Home Owner Association (Tract A). This appeal is being processed pursuant to LDR Section 2.4.7(E) Appeals. The 5.335 acre site consists of Tract B, Palms of Delray, and is zoned RM (Multiple Family Residential - Medium Density). The subject property contains 32 existing rental units within eight (8) 2-story rental apartment buildings with associated parking and landscaping. Palms of Delray was originally developed as two separate tracts (A & B). The City Commission approved the site plan for Tract "A" on August 14, 1978 and the site plan for Tract "B" on April 28, 1980. The two individual tracts were joined by unity-of-title as they were under the same ownership and shared a common recreation area. On April 10, 1984 the unity-of-title was released and the tracts are now under separate ownership. Today, the units in Tract A are under individual fee- simple ownership with an association, while Tract B is owned by a single owner and are utilized as rental units. Although, the two developments are no longer a unified development, they still share a common access road (Albatross Road) and walkways. At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved the Class iV site plan modification, and landscape plan to construct an additional fourteen (14) rental units within the existing thirty-two (32) unit Palms of Delray rental development. The Board approved the related architectural elevations on October 23, 2002. On March 26, 2004, the approved Class IV site plan modification expired. The applicant resubmitted the development proposal which was approved by SPRAB on July 28, 2004. A Board member from the adjacent development has filed an appeal of that decision. At its meeting of July 28, 2004 the Site Plan and Appearance Board approved the Class IV site plan modification, landscape plan, and architectural elevations. The Board followed the established quasi-judicial procedures in considering the project. City Staff and the applicant offered testimony, which supported the development proposal. There was public testimony in SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 28, 2004 AGENDA ITEM: IV.A. ITEM: Palms of Delray - Class IV site plan modification, landscape plan and architectural elevations associated with the construction of two (2) new apartment buildings housing fourteen (14) new units. MILLER ~ PARK GENERAL DATA: Owner/applicant .......................... Steve Michael, JMS Deiray, LLC J Agent .......................................... Weiner & Aronson, P.A. Location ...................................... South side of Dotterel Road, approximately 100' east of i COU~VTR~' Jaeger Drive. Property Size .............................. 5.335 Acres Future Land Use Map ................ MD (Medium Density ~uc~ o~~T.s Residential) ~c,ooL Current Zoning ............................ RM (Multiple Family Residential - Medium Density) Adjacent Zoning ................ North: RM (Multiple Family Residential - Medium Density) East: RM (Multiple Family Residential - Medium Density) South: R-l-AA (Multiple Family Residential) West: R-l-AA (Multiple Family Residential) Existing Land Use ...................... Multifamily Residential Proposed Land Use .................... Construction of two (2) new apartment buildings housing foudeen (14) new units. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. IV.A. The action before the Board is approval of a Class IV site plan modification request for Palms of Delray, pursuant to LDR Section 2.4.5(F). The request involves the following: · Site Plan; · Landscape Plan; and, · Architectural Elevations. The subject property is located on the south side of Dotterel Road, approximately 100' east of Jaeger Drive. The 5.335 acre site consists of Tract B, Palms of Delray, and is zoned RM (Multiple Family Residential - Medium Density). The subject property contains 32 existing rental units within eight (8) 2-story quadraplex rental apartment buildings with associated parking and landscaping. The Palms of Delray was originally developed as two separate tracts (A & B). The City Commission approved the site plan for Tract A on August 14, 1978 and the site plan for Tract B on April 28, 1980. The two individual tracts were joined by unity-of-title as they were under the same ownership and shared a common recreation area. On April 10, 1984 the unity-of-title was released and the tracts are now under separate ownership. Today, the units in Tract A are under individual fee-simple ownership with an association, while one owner owns the entire portion of Tract B and the units are rented units. Although, the two developments are no longer one unified development, they still share a common access road (Albatross Road) and walkways. At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved the Class IV site plan modification, landscape plan, and tabled the architectural elevations associated with a proposal to construct an additional fourteen (14) rental units within the existing thirty-two (32) unit Palms of Delray rental development. The proposal involved construction of a two-story 4-unit building and a two-story 10 unit building, construction of a playground area, 40 new parking spaces and associated landscaping and refuse container area. The Board tabled the architectural elevations associated with the proposal as they had concerns with the difference in architectural style/design from the proposed to the existing. At its meeting of September 25, 2002 the Board reviewed the elevations which were revised to include alternate roofing materials. The proposal was tabled again as the Board still had concerns with the elevations not being consistent with the existing structures. At its meeting of October 23, 2003 the Site Plan Review and Appearance Board (SPRAB) reviewed and approved the architectural elevations. The revised elevations included a concrete block structure with a smooth stucco finish with stucco banding around the middle of both buildings. The roofing material consisted of shake shingles. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 2 with opposing hip roof features. The proposed windows are colonial in style with transoms and stucco banding. The first floors have been provided with fence enclosed pomhes (6' high wood) with the second floor balconies that extend over the patio areas, which satisfied the Board. On April 5, 2004, a Class I site plan modification was administratively approved for parking lot modifications to accommodate handicapped accessible parking spaces. On Mamh 26, 2004, the approved Class IV site plan modification expired. The applicant has resubmitted the site plan, landscape plan and amhitectural elevations and is seeking approval from the Board. The development proposal consists of the following: · Construction of a ten (10) unit two-story rental apartment building with each unit containing two bedrooms, pomhes and balconies. · Construction of a four (4) unit two-story rental apartment building with each unit containing three bedrooms, pomhes and balconies. · Construction of a new playground; · Construction of forty (40) new parking spaces; and · Installation of associated landscaping, walkways and refuse container area. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items Identified in the Land Development Regulations (LDR) shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K), as it pertains to the RM zoning district: Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 3 Standard Provided Provided 10-Unit 4-Unit Building Building Buildin(~ Hei(~ht (max.): 35' 23.5' 21.5' Building Setbacks (min.): - Front 25' 211.2' 259' Side (Interior) 15' 12'* 116.2' Side (Street) 25' N/A N/A Rear 25' 378.4' 360.3' *Bulldin;I Setbacks: Pursuant to LDR Section 4.3.4(K), the required side interior setback is fifteen (15) feet. The balconies with support columns encroach into the required 15' side intedor setback on the east side of the ten (10) unit building by three (3) feet. While eaves and cantilevered balconies may extend 3' into the setback, supported balconies cannot. Thus, the plans must be revised to ensure the required fifteen (15) foot building setback is met. This item is attached as a condition of approval. Open Space: Pursuant to LDR Section 4.3.4(K), within the RM zoning district a minimum of 25% open space must be provided for the overall development. With the addition of fourteen (14) units 7.6% of the existing 66.1% of open space will be eliminated. Thus, the open space provided will be 58%, which greatly exceeds this requirement. LDR Section 4.4.6 Medium Density Residential (RM) Zonin.q District: Special Regulations: Pursuant to LDR Section 4.4.6(H)(1), a minimum density of six (6) units per acre is established for multiple-family housing projects within this district. Density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with the performance standards as listed in LDR Section 4.4.6(I). In no event shall a development's total density exceed twelve (12) units per acre. The existing 32-unit apartment complex represents 5.99 units per acre. With the addition of 14 new units a total of 46 units will result in a density of 8.62 units per acre. Thus, the development proposal must meet the development standards as listed in LDR Section 4.4.6(I). The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. Site Plan Review and .~,ppearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 4 There is an existing street within the development known as Albatross Road. The street connects to Dotterel Road and loops through the development connecting to the existing development to the east (Palms of Delray - Tract A). All units have access from Albatross Road. Additionally, the street meanders through the development, thus controlling speed. However, traffic calming consisting of raised crosswalks and appropriate signage have been provided, adjacent to the tot lot and at the north end of the development adjacent to the north parking areas. Thus, this performance standard has been met. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The proposal involves the installation of a ten (10) unit two-story building and a four (4) unit two story building on the site. The two (2) proposed buildings are placed within existing open areas in a manner which reduces the overall massing. Additionally, 58.5% of open space has been provided on-site which exceeds the minimum 25% open space requirement of the RM zoning district. The buildings have been designed to enhance and preserve existing mature trees and landscaping which provides a feeling of open space. Thus, this performance standard has been met. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The proposed buildings are placed interior to and at the east side of the development, thus reducing the impact on the adjacent R-l-AA (Single Family Residential) zoned properties to the west and south. Existing mature trees and hedges buffer the north, south and west sides of the development. Therefore, this standard is not applicable. It is noted, however, that an additional landscape buffer consisting of a 5' high hedge (65 Podocarpus Maki), four (4) Sabal Palmetto (16' - 18" height), and five (5) Green Buttonwoods trees (12' - 14' height) have been incorporated on the east side of the property (adjacent to the pool area of the adjacent townhouse development), to mitigate any potential impacts on the adjacent property. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, Site Plan Review and .Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 5 porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The building elevations have been designed to compliment and enhance the design of the existing quadraplex buildings. Additionally, the proposed ten (10) unit building has been designed to retain an existing grouping of mature Live Oak trees, thus giving additional amhitecturel interest to the elevations. The building contains a number of different architectural features such as balconies, porches and varying window shapes/designs. The proposed structures are of concrete block construction with a smooth stucco finish. A stucco banding is proposed around the middle of both buildings. The roofing material will consist of shake shingles. The roof lines are broken up by opposing hip roof features thus, providing additional architectural interest to the elevations. The windows are colonial in style with transoms and stucco banding. The first floors have been provided with fence enclosed porches/patios (6' high wood) and the second floor balconies extend over the patio areas. On the 10-unit structure, the balconies are covered by cedar shake pitched roofs and have decorative support columns and aluminum railings. Overall, the proposal offers a varied streetscape and diversity in the building design. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The development consists of fourteen (14) rental apartment units. Three different floor plans are offered with two (2) and three (3) bedrooms. The ground floor apartments have covered porches and the second floor units have covered balconies. The design of the units and their placement within the development will accommodate households of various ages and sizes. Based upon the above, this performance standard has been met. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the projecL The site contains eight quadraplex buildings which were developed in the eady 1980's. The development was originally designed to preserve existing mature trees including Live Oak trees and new landscaping was installed. The existing landscaping is established and mature. The proposed structures are placed in a manner which will retain an existing grouping of Live Oak trees. These trees frame the internal roadway and give the development a feeling of establishment. Based upon the above, this performance standard has been met. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 6 The surrounding residential neighborhoods are established and have existed for many years. Sidewalks exist along the south side Dotterel Road, and walkways exist within the Palms of Delray development. A sidewalk connection to Dotterel Road has been provided. However, this standard has only partially been met as the sidewalks intedor to the development are not continuous. Consideration should be given to extending the sidewalk along the loop read, provided it does not conflict with the mature trees. In conclusion, all of the above listed performance standards except for standard "c" are applicable to this development proposal. While standard "C" is not applicable, additional landscape matedal has been provided on the east side of the 10-unit apartment building adjacent to the pool area associated with the adjacent townhouse development. ^ finding of substantial compliance can be made with respect to these performance standards. In terms of the performance standard requirements for the RM zoning district, the proposed density of 8.62 units per acre can be supported. Article 4.6 Supplemental District ReRulations: Lighting: Pursuant to LDR 4.6.8 (Lighting), site lighting must be provided. A site lighting and photometrics plan has been provided to ensure compliance with LDR Section 4.6.8. The proposed light poles are 25' in height with box fixtures mounted at the top and will be placed adjacent to the proposed parking areas. The proposed lighting poles will not be complimentary to the existing poles which are 15' in height with acorn style fixtures. An attached condition of approval is that the light poles be 15' in height and have fixtures similar to the existing poles. Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two (2) spaces per unit. Guest parking shall be calculated at 0.5 spaces per unit for the first twenty (20) units and units 0.3 spaces per unit for units 20-46. Thus, the forty-six (46) unit development is required to provide one hundred and eleven (110) total parking spaces. There are seventy-two (72) parking spaces which exist on site and forty (40) new spaces proposed for a total of one hundred and twelve (112) parking spaces provided. Therefore, this requirement has been met. Site Plan Technical Items: While the revised site plan has accommodated most of the staff concerns the following item remains outstanding, and must be addressed prior to building permit submittal: 1. That a detail plan of the fenced area for garbage containers is provided; including height, screening materials and gating to be used for the enclosure. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 7 The proposal includes retaining an extensive amount of landscaping on site. A landscape plan which addresses the landscaping adjacent to the new buildings has been submitted and evaluated by the City Horticulturalist. The landscape plans provide for interior common area landscaping. The landscaping incorporates existing native landscaping intedor to the development in addition to the existing mature Live Oak trees located adjacent to Albatross Road. The buildings have been designed in a manner to preserve these trees as they give character to the overall development. Existing mature trees and hedging exists along the perimeter of the property providing adequate buffering. It is noted, that a landscape buffer consisting of a 5' high hedge (65 Podocarpus Maki), four (4) Sabal Palmetto (16' - 18" height), and five (5) Green Buttonwoods (12'- 14' height) has been incorporated on the east side of the property to mitigate any potential impacts on the adjacent property. It is noted that the landscape plan must indicate the patio areas and the fenced area for garbage containers with the appropriate screening material, which has been attached as a condition of approval. The proposed landscape plan will comply with Section 4.6.16 of the City's Land Development Regulations, once the condition of approval is addressed LDR Section 4.6.18{E) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (1)The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3)The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteda which may be set forth for the Board from time to time. The proposed structures are of concrete block construction with a smooth stucco finish. A stucco banding is proposed around the middle of both buildings. The roofing matedal will consist of shake shingles. The roof lines are broken up by opposing hip roof features thus, providing additional architectural interest to the elevations. The windows are colonial in style with transoms and stucco banding. The first floors have been provided with fence enclosed porches (6' high wood) and the second floor balconies extend over the patio areas. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 8 On the 10-unit structure, the balconies are covered by cedar shake pitched roofs and have decorative support columns and aluminum railings. Cedar shake is also proposed on the other portions of the building that project from the main structure such as the stair wells. The balconies of the proposed four-plex will be provided with wood trellises. Sliding glass patio doors are proposed to provide access to the porches and balconies. Exterior staircases are proposed on the east and west sides of the four (4) unit building while the staircases for the ten (10) unit building are housed within an interior corridor, which is attached as a condition of approval. It is noted that the roof eaves and projecting balconies cannot extend more than 3' into the building setback. The proposed balconies encroach more than 3' into the 15' side interior setback and are supported by columns. Thus, this elevation must be revised accordingly. The proposed color scheme will compliment the color scheme for the existing quadraplex units within the development by utilizing a two color palette, consisting of beige walls with dark khaki fascia, columns, doors and shutters. The windows and aluminum stair/balcony railings will be dark brown. The roofs will be cedar shake. Based on the above positive findings can be made with respect to LDR Section 4.6.18(E) provided the condition of approval is addressed. 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, 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 areas: Section 3.1.1 (A) - Future Land Use Map: The subject property has a Future Land Use Map designation of Medium Density Residential 5-12 d.u./acre (MD), and is zoned RM (Medium Density Residential). Pursuant to LDR Section 4.4.6(B)(3), within the RM zoning district multiple family structures of 6 -12 units per acre or less are allowed as a permitted use subject to compliance with the performance standards of LDR Section 4.4.6(I). The proposed density is approximately 8.62 units per acre. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B~ - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, schools, and solid waste. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 9 Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: As described under the Site Plan Modification Analysis of this report, a positive finding of compliance with the Land Development Regulations can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies and objectives are noted: Future Land Use Element Obiective A-I - 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 land uses, and fulfills remaining land use needs. The subject property contains eight existing 2-story quadraplex apartment buildings with thirty-two (32) units total and associated parking and landscaping. The addition of fourteen (14) new units within two new buildings will have a minimal impact on the existing physical attributes of the development. There are twenty (20) mature Live Oak trees which exist on the site and the proposal is specifically designed to retain these trees. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. 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 rasult in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is located within a largely residential area of the City and surrounded by a mix of single and multi-family residential uses. The development will not increase noise, odor or dust. Traffic volumes generated will be increased by this development as fourteen (14) units (98 trips) are proposed and thirty-two (32) units generating 224 average daily trips currently exist on the property. However, as the development proposal will only generate 98 average daily trips the traffic will not have a negative impact on Dotterel Road. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 10 Open Space and Recreation Element Policy A-3.1 - 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. The existing thirty-two (32) unit development does not contain any recreation areas. However, with the addition of fourteen (14) new units a playground is proposed. Therefore, compliance with this policy has been met. 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, include: 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 inflll projects having fewer than 25 units. The fourteen (14) new units feature three floor plan options with a mix of two (2) and three (3) bedroom units, each unit has a covered porch or balcony. The development does not currently have a recreation area, however as previously indicated a new playground is proposed with the development of the new units. Therefore, compliance with this housing policy has been met. LDR Section 2.4.5 (F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the south and west sides by R-l-AA (Single Family Residential) zoning; on the north and east by RM (Medium Density Residential) zoning. The surrounding land uses include the Town & Country Estate Condominiums to the north; Palms of Delray (Tract A) townhome development to the east; and Tropic Palms subdivision (single family homes) to the south and west. Compatibility is not a concern, as similar uses exist on the surrounding properties and the new buildings will be constructed amongst the existing multiple-family dwellings. However, in order to mitigate any potential impacts on the adjacent development to the east, additional landscaping is proposed along the east side of the 10-unit building. Therefore, this multiple family development will be compatible and harmonious with the adjacent and nearby properties and should enhance property values in the area. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 11 The development proposal is not located in an area that requires review by the CRA (Community Redevelopment Agency) or DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been sent to the following homeowner's, civic associations, and residents of the adjacent Palms of the Delray development (Tract A): · P.R.O.D. · George Kosloff · President's Council · Jim Morris · Palms of Detray Home Owner Association · Ray Shamis · Jay Ball · Peter Scott A letter of objection to the Palms of Delray development has been filed by Mr. Raymond Schamis and will be presented at the Site Plan Review and ^ppearance Board (SPRAB) meeting. The development proposal is to construct an additional fourteen (14) rental units within the existing thirty-two (32) unit Palms of Delray rental development. The proposal is consistent with the policies of the Comprehensive Plan and consistency with Chapter 3 and Section 2.4.5(F)(5) of the Land Development Regulations has been met. Positive findings can also be made with respect to compliance with the pedormance standards of LDR Section 4.4.6(I). Compliance with the Land Development Regulations will be achieved when the conditions of approval have been addressed. Compliance with Section 4.6.18(E) of the Land Development Regulations will be achieved provided the condition of approval regarding the side interior setback for Building #1 (10 unit building) is addressed. A. Continue with direction. B. Move approval of the Class IV site plan modification, landscape plan and amhitectural elevations for Palms of Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) (5), 4.4.6(I), 4.6.16, 4.6.18(E) and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the Class IV site plan modification, landscape plan and architectural elevations for Palms of Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 12 Plan and do not meet cdteria set forth in Sections 2.4.5(F) (5), 4.4.6(I), 4.6.16, 4.6.18(E) and Chapter 3 of the Land Development Regulations. By Separate Motions: Site Plan Modification: Move approval of the request for Class IV site plan modification for Palms of Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F) (5), 4.4.6 (I) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the required fifteen (15) foot building setback is provided along the east side of the property; 2. That the light poles be 15' in height and have fixtures similar to the existing poles. 3. That a detail plan of the fenced area for garbage containers is provided; including height, screening materials and gating to be used for the enclosure. 4. That a letter of approval from The Palm Beach County School District with respect to School Concurrency is provided. Landsca~)e Plan: Move approval of the landscape plan for Palms of Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 4.6.16 and Chapter 3 of the Land Development Regulations, subject to the following condition: 1. That the landscape plan must indicate the a/c units proposed adjacent to the east property line, the patio areas, and the fenced area for garbage containers with the appropriate screening matadal Architectural Elevations: Move approval of the for architectural elevation approval for Palms of Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to the following condition: 1. That the proposed balconies do not encroach into the 15' side interior setback and that the elevation be revised accordingly. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 13 · Al~oendix A · Appendix B · Site Plan · Landscape Plan · Architectural Elevations · Fkxx Plans · Letter of Mr. Raymond Schamis Repen Prepared by: Estelio Breto. Senior Planner CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: · Water service will be provided via service lateral connections to an existing 6" water main located within the Albatross Road right-of-way. · Sewer service will be provided via service lateral connections to the existing 8" sewer main located within the Albatross Road right-of-way. · Adequate fire suppression is provided as three fire hydrants ara located along Albatross Road interior to the development. 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. Based upon the above, positive findings can be made with respect to these level of service standards. Streets and Traffic: Pursuant to LDR Section 2.4.3(E)(2), a traffic statement is required for land use applications, which generate 200 or less ADT (Average Daily Trips). A traffic statement has been submitted which indicates the fourteen (14) new rental apartments will generate 98 average daily trips onto the surrounding roadway network and complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Recreation Facilities: The proposed fourteen (14) residential units will not have a significant impact with respect to level of service standards for parks and recreation 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 $7,000 will be required of this development for parks and racraation purposes. Solid Waste: The fourteen (14) units will generate 7.28 tons of solid waste annually (14 units x 0.52 tons of solid waste per year = 7.28 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. Drainage: Drainage will be accommodated on site via existing swales and an exflltration trench system. There should be no impact on drainage as it relates to this level of service standard. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 15 Schools: A request for school concurrency approval has been submitted to The Palm Beach County School District. A letter of approval from the School District is attached as a condition of approval. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 16 STANDARDS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable [ Meets intent of standard ~ X ~ Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable L Meets intent of standard ~ X ~ Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard ~ X ~ Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result In a degradation of the neighborhood, the project shall not be permitted. Not applicable [ Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned In a manner which is consistent with adjacent development regardless of zoning designations. Not applicable [ Meets intent of standard ~ X ~ Does not meet intent F. Vacant property shall be developed in a manner so that the future use and Intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 17 Not applicable [ Meets intent of standard Does not meet intent G. 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 the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable [ Meets intent of standard Does not meet intent H. 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. Not applicable [ Meets intent of standard ~ X ~ Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing It to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable [ Meets intent of standard Does not meet intent J. Tot lots and recreational areas, serving children from toddler 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 inflll projects having fewer than 25 units. Not applicable [ Meets intent of standard ~ X ~ Does not meet intent PALMS AT DEL~Y ~1111 r-il I 211 !, LII I , Planning and Zoning Dept./Site Plan and Appearance Board Re: Meeting Tuesday September 21, 2004 Palms of Delray, Tract B Raymond Schamis 2590 Albatross Rd N. Unit D. Delray Beach FL, 33444 Since I will be unable to attend the meeting I am sending you my comments in writing to be considered. I'll keep it brief with just the facts. Tract A is the Palms of Delray Homeowners Associatiozc Tract B is a rental community, who uses the name. Each community has 8 building with 4 units in each with identical structures. All the building in the Palms of Delray, whether the rental community or the homeowners assoc~on are identical in structure except the pool clubhouse. The land in question for the 10 unit building was originally designated for a recreational area. This building, which I am told will look nothing like any of the other units in either Tract A or B, will literally overshadow our community pool, restricting our enjoyment of a recreational area that has been there for over 20 years. Original community documents on file when I purchased my property, which is the closest unit to the new proposed building, state the land is to be a "tennis court". The impact of 14 new units overall will add upwards of 50 more people misusing our community pool, letting there dogs crap in our grass, and parking in our community lots thus creating even more expense and problems for Palms of Delray Homeowners Association (Tract A). It has been a constant battle for years trying to keep Tract B renters from abusing OUr commorl areas. I f~l your decision is more of less a starting point in a legal battle. Tract B is will fight for his right to build on what he considers private property in order to increase his investment, and I will fight to keep my homeatead from being overrun by a rental community. Thank you Raymond Schamis, Palms of Delray Homeowner 2590 D September 21, 2004 City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 To Whom It May Concern This letter is written to inform the city council of my opinion, as a unit owner of The Palms of Delray, as to the building of additional units on Tract B at The Palms of Delray. In residing at The Palms of Delray for the last five years, I have come to the conclusion that the construction of additional condominium units by Mr. Michael should not be halted if these units are built by the Board's specifications and all legalities are met. Statements voiced by Mr. Peter Scott, and previous counsel that all unit owners here are in favor of this appeal's process and the halting of construction are not accurate. This appeal does not have the consent by all of the unit owners residing on Tract A. Sincerely Dianna BeDilion Nanette C. O'Brine~ GRIT CCIM~ Broker 1020 Casuarina Road Delray Beach, FI 33483-6710 561.278.84OO EMPLOYMENT OBJECTIVES Listing, Selling, Investment of all types of Real Estate WORK HISTORY 1996-Present O'Brine Realty, Inc. As Broker/Owner I generate sales, listings and investments. I am responsible for maintaining accounts subject to FREC requirements. I deal with Buyers, Sellers and Investors. I deal in all aspects of commercial and residential sales. 1983 1 became a Realtor, in Florida, obtaining my Brokers license immediately thereafter. I worked at Gringle, Doherty and Wheat, Inc. ! started the commerdal sales department and was acting Manager when needed. EDUCATION CCIM - Certified Commercial Investment Member. Certificate ~5364. Highest wodd wide recognized commercial designation achievable GRI - Graduate Realtor Institute Additional education to improve real estate knowledge North Central: Wisconsin Accounting Major Wisconsin Broker's License Licensed Real Estate Broker United State Navy Designation - CTR- Morse Code Operator with secudty clearance Stationed at Corry Station, Pensacola, Flodda Honorable Discharge SUMMERY Since beginning my Real Estate career, I have set and met personal and financial goals. My people skills and ability to listen, and transform what I have heard into successful transactions has earned me respect, given me self-confidence and allowed for financial security. I look for new goals and new challenges. I strive towards improving my knowledge and skills and am always open to improving upon myself. I know I would be an asset to a progressive company and would do my utmost to work with a company that is willing to work with me. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION PALMS OF DELRAY DELRAY BEACH CITY COMMISSION SEPTEMBER 21, 2004 INDEX 1. Original drawing of Palms of Delray development 2. O'Brien, Suiter & O'Brien survey dated July 12, 1982 3. April 16, 1984 letter from James Pennington to Donald Reed; April 3, 1984 memo from City Attorney to James Pennington; March 23, 1984 memorandum from Mike McDaniel to James Pennington 4. Plat of Palms of Delray Tract B 5. Enlargement of dedication language on Plat of Palms of Delray Tract B 6. Enlargement of Plat of Palms of Delray Tract B 7. Plat of Tract A, Palms of Delray 8. September 3, 2004 letter sent to City Commission in support of appeal PHASE ONE - PHASE TWO i N .-?.~d..¢h~lnges w~lhoul; ' ".':" ; -- Dotterel Road , ~. ~.. ~ .-. : ~;:..-... :..: . . ....... . =~..~?~;,C~,:~ :~..: - .. ~ ~.;~ -:-.: .- . :.....;- .- ~ -~ _ ........ .~' .....· ... 100 N.W. 1st AVENUE ,, DELRAY BEACH, FLORi'DA 33444 · 305r278-2841 April 16, 1984 Mr. Donald H. Reed, 'Jr. ' '" " ' - First American Bank Building 2250 Glades Road Boca Raton, Florida 33431 ' Dear Mr. Reed: This is to advise that the Delray Beach City Council, at its meeting on April 10, 1984, voted to release the Unity of Title for Tracts A a.n.d B of the Palms of Delray, subject to the' condition' regarding the variances for the recreatio~ building as set forth in the attached copy of the City Attorney's memorandum of April 3rd. Very truly ~Lours, JAMES L o PENNINGTON City ~Ianager' ' ' . '- " Encl cc: City' Attorney ' ' ' Chief Building Official pLAN.?{iNG MEMORANDUM Date: April .3, 1984 To: James Pennington, City Manage~ Mike McDaniel, City Planner ~/ From: City Attorney Subject: Request for Release of Unity of Title Relative to Palms of Delra¥ The City Attorney's office is in receipt, of a copy of a memorandum from Mike McDaniel to the City Manager dated March 23, 1984 relative to the above-captioned subject. Based upon the review by Mike McDaniel and Jim Johnson, and their conclu- sion. that they have no objection to the request, we would suggest that this matter be scheduled for an upcoming City Council agenda for City Council approval and authorization to enter into the release of the Declaration of Unity of Title as same was recorded in the Public Records of Palm Beach County at Book 3391, Page 0481, et seq. However,-based upon the opinions of Jim Johnson and Mike McDaniel as reflected in the March 23 memorandum, it appears that the release of the unity should either be made conditional upon obtaining the necessary variances for the recreation building and the tennis court in Tract B, or at least an acknowledgment by the property owner that the release of the unity is at their request and that the fact that the release would cause the recreation building to violate the setbacks and that Tract B would have the tennis courts violating the setbacI~ and would thus not be eligible to receive building permits at this time. The City Attorney's office will, when time perm}ts, do Some additional research on the question of whether or not the lot lines are at all effeoted bY the unity of title, but based upon our initial review it appears that Mike is correct in that the unity only unites the ownership of the two properties and would do nothing to affect the plat or extinguish the lines between the properties. Finally, as to the question of the use of the recreational facilities by unit owners on either Tract A or Tract B, we agree with Mr. McDaniel's assess: ment that these are private matters and are not a matter of concern to the City at the present time. Should you wish to discuss this matter further or require any additional information,, please contact the City Attorney's office. cc: City Council James. Johnson, Chief Building Official MEMORANDUM TO: gAMES PENNINGTON, CITY MANAGER FROM: MIKE McDANIEL, CITY PLANNER SUBgECT: PALMS OF DELRAY - UNITY OF TITLE DATE: HARCH 23, 1984 I have researched the questions posed to me in your memorandum of March 22, 1984.regarding the.Unity of Title for Palms of DelraY. Your inquiry was initiated in response to the Ietter you received from Donald H. Reed, 3r., dated March ZO,. 1984, requesting that the Unity of Title uniting Tracts A and B be released. The Unity of Title was 'required by the City. as a condition for the approval of the site plan for Palms of Delray, Tract B. The approvaI and the imposition of this cond'i~ion took place at the City Council meeting of.April 28, 1980. The site plan for Tract A had already received approvaI on AuguSt 14, 1978, ~ith a later minor' modification approved on Hatch ZS, 1980. The stated reason for the Unity of Title ~as to erase, for the.purpose of enforcing the zoning code, the lot line between Tracts A and B; specificaIly, so that the proposed recreation facilities ~ouid not violate the setbacks of this district. The recreation buiiding for Tract A ~as in fact constructed ~ithin the setback. In my op£nion, and in the 5pinion of 3fm'Johnson, the Unity of Title unites properties in terms of ownership oniy; it does. not have the legal effect of replatting or eIiminating iot lines. Therefore, the recreation buiiding violates the setbacks, regardiess of ~hether the Unity of Title exists or not. YOU may ~ant 'to check this out ~ith the City Attorney, but that is our thinking on this matter at the present moment. In our vie~, the oniy iegal implications of the Unity of Titie are ~ith respect to o~nership; that is, the same person or entity that owns Tract A must aiso o~n Tract B, except, 'as stated in the document, with 'respect to the individual d~elling units. Thie means that Tract B cannot be soId, and the. reason Mr. Reed ~ouId like to have it released is so that it can. From the perspective of the City's reguIations, there is no objection to this request. The densities for both tracts are in accordance with the zoning map, and the site plans ~ill 'remain vali'd regardless of ownership. However, aIthough nothing can be done to make the existing recreation buiiding iegai ~ith respect to the setbacks (unless the o~ner couId be persuaded to appiy for a variance to straighten out our records), the Building Division ~iii not issue a permit for the tennis court in Tract B uniess and untii it is moved out of the setback (of course, the courts couId be constructed in the setback if a variance were obtained: we ~ouId not advise this, however). To. do this, a site pian modification ~ouid first have to be obtained. This is minor and of no significant concern. RECEIVED ON: 3- ?- _. Cl~ Attorney'~ ~ticei ~ty ot Delray Beach .. To: City Manager , Re: Palms of Dei~ · . March 2~, 19B~ Page Two This situation brings up an interesting point. If our interpretation of the legal e?fect of a Unity of Title is correct, then a person owning, say~ two or three small lots in a row and =ishing to build a single house'on all of them combined, could not do so because the setback provisions mould not allow the house to straddle the lot lines. There are only two ways in which the house could be built in this 'manner: either obtain a variance reducing the setbacks to zero, or rep/at the lots. Inasmuch aa it would be more difficult to prove a hardship in order to obtain a variance~ the. logical method would be to replat. However, it seems excessive to require the property to go through the piattin9 process for something as small as this. Perhaps you could suggest to t~e Engineering Division that the possibility for alIowing administrative replatbing be looked into and-made a Part of the Subdivision Ordinance. I would like to mention one final point. Tract A has.been built out and all units are owner occupied. SeVeral units within Tract B are no~ under construction. It is possible that the resid6nts in Tract A were Promised that they would have a recreation area. consisting of .a recreation building, pool and tennis courts. If I haven't made it clear already, the recreation building and swimming pool are in Tract A, but the tennis courts are planned in Tract 8. If'the property is sold off to another individual, it is possible that the new owner will not want to allow the residents of Tract A to use the courts -- it is*po"ss'ible, but I would guess not likely. In order to make his units marketable, I am sure he will want to advertise that the pool and recreation facilities in Tract A are part of the package, in exchange for which the T~act A ~esidents will be given access to the .tennis courts. More than likely an arrangement will be $orked out allo~ing for joint use and maintenance of ail the recreation facilities by residents of both sections. In any event, these types of matters have historically been treated by the City as private agreements or under*standings, something that the municipal authorities take no cognizance of~.and cOncerning which no enforcement action is exercised. Hike HcDaniel MOM/ajm cc: Building Depa.~tment · i~,,~1 '~ ~!"' . "i, :, ~ .~ ~,:.~ -.... ....... .. ii ;~ i ii ',..' · ~ ~ ~ ,..~, :~ ~ .... ~ . f. ~ o~ ............................... ~_ ~I~l,i~ '~ ij,~ ~ ~ ~:~i ~ .' ' ':2 ~ ~ I -' : ~ ' ' :: "' ~ j :,P ,Id ',','-' · ~ ~ '~-- ;..',.F:.* , ' '~ ~ , & ., _1 ~lii,', /:; ~ "~' ~ ,~ii~ ~ I ~ . ...... ,.., ,,: -- itl . (,~ · .. ~.~.: .'L ....... - ...... '- ;,~5 :~ .. ~..lml--.---l[ .4 '"'~-~ =:": ':--:-; . o ~:; .... ,?, ,;_; [ ~ -- { -:{:: ,::, _ <-%~ '] ;_ il;[1;i'--' .: r ..... 1 ...... v" F _ U.I . ~ :' j,,::: ~- -,. nl / .~-~.:®~ c ................. ~, -. ~,~ . :~:"-':?-..,jl .:'iVJ~ ::, ~-~ / ..... ..--"~-:~'--,.--'~ - .--',~' = :' ' >~:5 ~': ~::':i ; .-..'Z. ....... " . : .'-x',~ ?~ '::" lll~ I!111 ~-LLL-:~. ~', ..:.i ~':-' = - ~ _--.- .- ; ;,;- ~ [. City Council City of Delray Bench 100 I'q-W i" Ave, Dell'ay ]~ach, FL 33444 Septemb~ 3, 2004 Plea~ ~ this aa aupplementary to materials previously sent in suppon of our reclueg for a heari~ and/or relief ia the matter of an application for a site plan modification i'or Palms of Delray, tract B, proposed by/MS Delray Corporation, which we at Palms of Delray Homeowners Association, tract A, oppose. You have granted us a hearin8 scheduled for Se~temb~ 8, 2004. At The r~,ent meeting held before ~ ~e plan review ~tnd app~uanee bo~'d, whioh purported to be a fair heorln~ to ~nsider the viability o.+'the proposal and the rnertt~ o~ our opposition~ but was n~_,n_!ly lltt~e more thar~ a travesty, ow coun~l w~ allowed merely six minutes to present our cs.~ while council for agplicant cot~ration, JMS, aka Steve Margoll~, nnd big ~chitect were allowed to ramble on at ~reat length. They made serious mis~pres~ttion~ which were disinl~enuc,.ts and somettme~ utterly ridge. The oho chamoterized our clubhouse a~ a "windowless cabana," ne~lectir~ to make any mention of our adjaoent larg~ community pool. Tim other portrayed the proposed buildings as attractive additions, harmonizi~g with 'the existing architecture of the smYoanding buildings in both developments. Oar clubhouse, which straddles the property line, dividing tram A & B, and will now be some s~am flReen to eit0~teea feet from the proposed building, is an active community e, enter in which we hold regular raeeth!~s. It is also t~eii for members private, parties, which ar~ often noisy aiYairs. It has a/hll kitchen with apphances, central air oondkionin& and is oompl~tely furnishM. Il has windows on three sides, includi,8 a window on the west side of the building, facing tract B, owns! by Sir. Marsolis. A rec~ni roof~ir cost ovee $5,000 and the building's dimensions are approximately thirty feet by forty feet. It has ~n'$ and women's rest rooms as well as a separate ~ower room. It is immediately adjacent to our pool and services the pool with its facilities. It has a civic address: 2560 Albatross Rd., N. and was assessed three years aSo au $178, 000 by the county taxing authority. Applicant Margolis' lawyer waa allowed to present a photograph lo the board members, showing a wildly distorted imase ofthe clubhouse, showing just one ~id¢. He d~meaned it lyy calling it a cabana and ~laimed the building had no windows - an outrageous lie. A cabana is a spare ohansing fadfity found usually st beaches, and is nothing more ttum a small enclosur~ suffi~imt for a few individual~. Tho ~r~hitt~, in turn, show~l a plan olearly indicating ritat the proposed new building would have a Babied or A-flame roo~ while claiming the building was in harmony v~th th~ si.x't~an building~ cOralxi~in$ tra&'t A & 13, ail of which ctm-ently are spread out through A & B in perfect symmetry and bau'mony In fact. every ¢~,~ting building, sixteen in all, are flat roofed and id,ntieal in evew way - es~avtigll~ DaVost& back-to-ba~l{s. The proposed design lsa radical depm-tm'e from the existiv, g mode. ]'he board blandly accepted the~e outrageous dJstor'don~, even though it knew or should have known of our clubhouse whic]~ stands and has stood openly and ncrrofously at this cMo location for ,'xventy-five years. Learned counr~ for Matgolis and h~s cw. iae~ ar~hit~t associate were given Iea~-e by the board to exaggerate and to lie whi!c our co~msel was given short shrift and never given a chan~ to rebut dae~e outn~g~us misrcpre..~ntation** You will recatll, ~pli~ant Margolis receh'~ approval initially for his moditlemion on Septemb~ 11, 2002, rowl, dcb we, the only really affected party, were n~',~r notified and of which th© pl~ning board made only pethetieally half-hearted attempts to apprise us. The rule ~tate~ that at least twenty-five percent of'the propo~! improvements must be compl~d -,,,4thin eighteen month~ (1 $). At thc eighteen month marie,, no construction was even ~tarted..~licaa~t Margolis, aka'IMS Corporation. br~eniy began construction months al~er the time had tolled, in flagrant disregard fcr the city's rules and regulations, Showing the s~e disdain arm conteml~t for the city's regtd~ons as he does for our coml~tt~ty grid 'lh¢ meanbcrs of our aseoci~on. This is ev/denced by the above ¢im'acteriz~ons and distortion$, dismissing us and Our posses~ians a,~ petty ~ ineam~uenti~l. Only the timely intera~ion and vigilmnc~ of' our aaaociatiofl aggressively calling this to the attention of the planning board pre~.ented JMS from proceedi~ unimpeded, as the board wm tot/flly "dn~w~e*' of this transgression and seemingly indifferent. Indeed, ~en aftra verbal aaxi writt~ notice (at our instigation) wad given to JMS by the board, work continued with hca,,7 equipment at the construction site which was rcgorted by us to pl~ning, As the time had tolled, ~ agtivity w~s x ~iolatiom The building d~mr~nt told u$ that ~efS was given written notice to stop. We noticed that the board, no doubt prot~,ing itmiffrom a charge of laxity, in¢laded a paragraph attbe end ofit~ Iuly 7, 2004 "special courtesy" notice, ~tating applicant has requested to be allow~l to Continue constru~io~ at rizk, ~onting~nt upon r~qulred change. (At tl~ time, w~ v,'~ not told of this "request," and we are dubious and suspect it was conjured up after the f~vt---a classi~ ~elf-servlng declaration.} This is non~micad and a coui~adlcrion a~ onc~ the time toll~, it was as If conccpm~dly, no permission w~s ever ~ant~l, and permission to ccuithme, if actually grained, was the same aa allowing ~nstruction 'before ~ptemb~, 11, 2002, the date of odginal approval. In oth~ word~, there was no prior permisdon of any kind and iz was just a matter of first impr~saion The same "reasoning" wgz used by the bo~'d when in iI~ hearing 0xuo to its appm'¢nt pandering to corporate interests, at the expense of individual homeowners), it tr~ted this as a continuing ~aga, rather than a matter of Another distortion asserted by IMS was tlraZ out common roatway, Albatross Rd., N.~ that we ~'e obli~ by the- tit3,.' to maintain aI grea~ er, pense, in hannouy with tract El., based o~ the original mu]ti-fsmily dwelling zoning, will not ~uft'a' addit.io~ tr~=. 2 They claim that their existing tenau;a aaa_ the new ones will exit directly uorth onto Dottt~e{ Rd. and then tara leit (west) on Dotterel. This is ..vet another patented prc-va~icatiou. Tev. ants o:?Mar8oli$ regularly use our roadway, ogen at ~e.~i speed, put:ins ou¢ e ;,dem iu peril of'life and limb, ia their z~al to exit to Dotterel eaatuound to travel through M. ilter Park during dayli$~ hours and thenc~ to Linton Blvd. Adding new buildings w~ll incr~o this traffic and thin burden upon us. Our commune' pool is ast,-4de u'a~ B and borders the nmkidte of the origin&! common re~eation area. In the origiua! pla: plan and tlme PUD of tho original bundcr, are both the buildings ct ^ & B. While tais I~UD l~ay never have been officially toed, it was put into effect and rdied t,pon, both as to ~e~aeks, including our clubhouse, and by our homeowr~n, who bought thei~ homes ia reliaac, u th~wn, and has been in cRreot i'or tweuty-av~ ),ears. The &ada field cf our sv,4mmtng pool is an example. The ~ab'~ field of'our pool empties direc~.ly into uaot B. Marsoiis who has owned u-act B tbr some time, is w~ll aware of this, Indeed. d~. pipes divettia/~ the wat~ onto tract B were instal{ed by the orisinat builder, Caaad~si~ oho of hid predea~rs ia the chain of title. It is ~riher ~vidence oCthe PUD and of the intentions of the parties. This was done b~oaa~e the area was desiguated recreational and for many yeats, the disputed area in Tntct I{ housed a tennis court, which further supports this c. on¢lusiotm. Clearly the intentloa of all parties as understood and tacitly approv~ by the cky, is that it would remain so, m~d thus the drain field wa~ aliow~ to be built and has existed for twenty.five y~trs. If Marg, olia prevails, we miBht 'well have to ~itber close our pool or make ahuSe expenditure to divert the water of the pool el~-where,, ifthb is ¢v~ feaaible or will be allowed by the city. The proximity of'the proposed two ~ory building hovering vdth its balconies I~r~ than ~i$1tt~ full f~t away over our pool ~u~d dc~tnayin$ the privacy of our awimmera below, will mak~ preservittion of'our pool ov~n more untenable. We may f~$o~bly ~xpect K~argoli~ to ~k a restraining ord~ and injut~ion to for~e ug to divert tl~ wat~. Margolia and hi.~ predecessors lmve don~ nothin8 over the years to diasuade or ~&ge t,heir tenants from the notion that they are entitled to use our pool. We have been plagued .for years by unlawful trespa$$ use of our pool by his tenants, and have expended large mrna in malntai,,in$ and repairing our pool fences which have been routinely vandalized. The :-apld turnover of their tenants adds to the problem, as newcomers cinch just aa~rae they are er. titled to M use because of the location ofthe pool and the symmetry of the. respective developments. Granting the application ~,ill make the problem that much worse, ¢.$peeially since one of his new buildings will be a lot gioaer to the, pool than any o£ours. [n faccL peoplo will praetie, ally be able to jump ~om their ~econd floor balconies or windows de. to the pool[ Finally at the hearing held on July 28. 2004, despite receiving many oopie~ of our initial letter, outlining om' basic position, not one of the board members, all paid public offi,~ials, had found the time to read thc letter. This in itaelf is both ludicrous and outrageous. Many copies were sent well in advance of' the rne~4mS, and ~ copy was duly sent to you, the city council, along with noted from me. We ask you, the c~ council, an elc,~ted body respor~ible to ~e v~ to not only p~e our hom~ d~i~ of~s ~i~ng sMm lord (~o~ te~t$ ~lain to ~ r~Me~ fo~ time to time a~ut ~ ha~hncs$). r~l his ~o~z ~d cont~pt for ~ w~ ~ ~s ~flray~ in ~s ver~ appli~tio~ ~ i~uemial and insignifi~. Tb~ ~is~m~ i$ M~d on his ~te of us ~ ~mall indi~] hom~s w~h limit~ re~s. ~hout the m~s to ~ ~m, ~td ~ ~sse~m~ ~ ofv~ IMle value. ~e whole lhm~ of Ms pr~fion a~ the h~ng was done M ~s vfin. Is thi~ not ~-~du~ive? Is t~is n~ a v~ d~ng ~mi~on t~t ~d ~ ~v~ gr~ wdg~ by yo~ ~e city cooncQ? Isn't ~s raw ~og~ displaye~ ~lf-def~ti~ ~th~t r~d ~ the fi~t or ~o~ of~, ~ ~e ho~~s ~e of m~t means by ~s st~r~ b~e o~ ~s~io~ =e, in his ~timatb~ h~ble th~ his figMa, in con~, are ~oum. cit~ who el~ you ~d ~om you =e ~d~ ~ ~o ~ pr~? W~ you the qu~W of ]J~ ~t o~ ~mmun~y ~s ~joy~ for ~ty-fiw y~=$? Y~r ~ly a~ion will s~c m from ~ ~le aM ~e ~8oM8 ~=d wi~ or ~v~s to d~ ~ ~y and ~e ~ng liti~fion. S~ f~ ~ ~d of d~rs a~n to this mafi~ Sincerely yours, G~orse Kosloff 1~,0. Box 601t Bu~kill, PA 18324 4 TO: DAVID ~...HAR~EN~;) _CI'I'~ MANAGER THRU: PAUL'DORLING, DIRECTOR OF PLANNING AND ZONING FROM: ROBERT G. TEFFT, SENIOR PLANNE~~ SUBJECT: MEETING OF SEPTEMBER 21, 2004 CONDITIONAL USE REQUESTS TO ALLOW A DENSITY IN EXCESS OF 30 UNITS PER ACRE (38.2 DU/AC PROPOSED) AND TO ALLOW FOR A BUILDING HEIGHT UP TO 54'-3" IN THE CENTRAL BUSINESS DISTRICT. THE REQUESTS ARE IN CONJUNCTION WITH GROVE SQUARE, A PROPOSED MIXED-USE DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF SE 1sT STREET AND SE 2N~ AVENUE. The conditional use requests are associated with the establishment of a mixed-use development, known as Grove Square. The development proposal consists of the demolition of the existing four-story office building and nightclub / bar (City Limits) along with its associated pavilion and outdoor bar, and the construction of a five-story mixed-use building. The building will consist of 800 square feet of retail floor area and a 61 space parking garage on the first level; a 62 space parking garage on the second level; and residential dwelling units on the third, foudh and fifth levels (55 dwelling units in total). The development will also include a raised swimming pool, deck, exercise facility and restrooms at the southwest corner of the site and a trash compactor at the northwest corner of the site. Conditional use approval has been requested to allow a density in excess of 30 units per acre (38.2 du/ac is proposed) and to allow for a building height of up to 60' (54'-3" is proposed). A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of August 16, 2004. At its meeting of August 16, 2004, the Planning and Zoning Board held a public hearing in conjunction with the conditional use requests. Presentations were made by staff and the applicant. There was no public testimony regarding the request. After deliberation, the Board moved a recommendation of approval for the conditional use request to allow for a building height of 54'-3" on a vote of 3-2 (Borchardt and Morris dissenting, Pike absent, Krall stepped down) and moved a recommendation of approval for the conditional use request to allow for a density of 38.2 du/ac on a vote of 4-1 (Borchardt dissenting, Pike absent, Krall stepped down), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(I), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board staff report. By Separate Motions: r~ Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48' (54'-3") for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board staff report; and r~ Move a recommendation of approval of the conditional use request to allow for a density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(I), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board staff report. Attachments: Planning and Zoning Board staff report of August 16, 2004 (-'1/3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 16, 2004 AGENDA ITEM: ~v. A. ITEM: Conditional Use Requests to Allow a Mixed-Use Building Having a Height in Excess of 48' (54'-3~ is Proposed) and to Allow a Density in Excess of 30 Units Per Acre (38.2 du/ac is Proposed) within the Central Business District (CBD), for the Grove Square Development (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ........................ Faison-Grove Square, LLC. Agent ......................................... Randall Stofft Architects Location ..................................... Northeast Corner of SE 1st Street and SE 2nd Avenue ..~ ~~ ~/~/~ Future Land Use Map ............... Commercial Core Current Zoning .......................... Central Business District (CBD) Adjacent Zoning ............... North: CBD South: Central Business District- Railroad Corridor (CBD-RC) ~. ^ T L A N T I C A V E N U E East:Community Facilities (CF) West: CBD Existing Land Use ...................... Office and Nightclub / Bar Proposed Land Use ................... Mixed-Use (Residential and Retail) Water Service ............................ Available Via an 8" Water ~E. ~sT sT. Main Located within the SE ~[~ 2nd Avenue Right-Of-Way Sewer Service ........................... Available Via an 8" Sanitary z ~ ,, ' Sewer Main Located within the SE 2nd Avenue Right- Of-Way IV. A. The action before the Board is making a recommendation to the City Commission on the following requests for conditional use approval pursuant to Land Development Regulations (LDR) Section 2.4.5(E): [~ To allow an increase to a maximum height of 60' (54'-3" proposed) [LDR Section 4.3.4(J) (4) (b)]; and O To allow a density exceeding 30 dwelling units per acre (38.2 du/ac proposed) in the Central Business District (CBD) [LDR Section 4.4.13(D) (15)]. The requests are in conjunction with Grove Square, a proposed mixed-use development located at the northeast corner of SE 1st Street and SE 2r~ Avenue (approximately 1.44 acres). The subject property consists of Lots 2 and 3, Block 85, Town of Delray, and Lots 1-18, Subdivision of Block 85. The property, which totals approximately 1.44 acres and has a zoning designation of CBD, has an extensive land use history. The following are the most recent land use actions for the subject property: At its meetings of August 23, 1995 and September 20, 1995, the Site Plan Review and Appearance Board (SPRAB) approved the site plan, landscape plan and architectural elevations for Grove Square (FKA Block 85 Redevelopment). The proposal was to occur in two phases with Phase I including the demolition of approximately 1,310 square feet of existin9 floor area, the conversion of 832 square feet of retail floor area to restaurant, the construction of 1,486 square feet of new restaurant floor area, the construction of 946 square feet of retail floor area, and installation of 29 parking spaces. Phase II was the construction of a four-story 12,328 square foot mixed-use building (office / residential) and the installation of 28 parking spaces. At its meeting of December 6, 1995, the SPRAB approved a site plan modification to enclose a 1,100 square foot outdoor dining area. In January of 1996, the City Commission approved a conditional use request to allow musical concerts and other events (coinciding with the operating hours of the restaurant) in the approved courtyard area. In 1997 and 1998, Class I site plan modifications were administratively approved for the installation of a floating bar in the courtyard and for seating surrounding the bar. At its meeting of August 25, 1999, the SPRAB approved a Class II site plan modification to modify Phase II of the original Grove Square development proposal to construct a four-story, 11,638 square foot office building and a 38 space parking lot. Subsequent to this approval several site plan modifications have been administratively approved. These approvals include modifications to install a trellis and fencing within the courtyard, to provide additional tables within the courtyard, and to add an awning to the office building. Phase I and Phase II along with the associated modifications have been completed. At its meeting of July 19, 2004, the Planning and Zoning Board heard proposals for conditional use approval to allow a building to exceed the maximum building height of 48' (56' was proposed) and to allow a density in excess of 30 dwelling units per acre (43.75 du/ac was proposed). The conditional use requests were associated with a development proposal for a five-story residential building consisting of 63 dwelling units. The Board had concerns with regard to granting conditional use approval for both height and density and the lack of Planning and Zoning Board Staff' ~ort Conditional Use Requests for Gro,,~ Square Page 2 commercial floor area along SE 2"d Avenue. However, the Board ultimately tabled the development proposal and gave direction to the applicant to further step back the building along SE 2nd Avenue and to reduce the perceived bulk of the structure. The applicant has made modifications to the proposal resulting in reductions to the conditional use requests for building height (54'-3") and density (38.2 du/ac). The modifications have also resulted in the addition of 800 square feet of retail floor area at the northwest corner of the building as well as greater variations / step-backs in the building architecture. The development proposal currently incorporates the following: [] Demolition of a the existing four-story office building and nightclub / bar (City Limits) along with its associated pavilion and outdoor bar; [] Construction of a five-story mixed-use building with 800 square feet of retail floor area and a 61 space parking garage on the first level; a 62 space parking garage on the second level; and residential dwelling units on the third, fourth and fifth levels (55 dwelling units in total); [] Installation of a raised swimming pool, deck, exercise facility and restrooms at the southwest corner of the site; [] Installation of a trash compactor at the northeast corner of the proposed building for both the existing and proposed uses; and [] Installation of two (2) parking spaces and a loading area south of the existing commercial structures being retained. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR 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 (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD, which are consistent with one another. Pursuant to LDR Section 4.4.13(D) (15), multiple-family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property nd located south of NE 2 Street and north of SE 2nd Street, subject to the standards and limitations of LDR Section 4.4.13(I). As discussed later in this report, positive findings can be made with respect to the referenced performance standards; thus positive findings can be made with respect to FLUM consistency. 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. Planning and Zoning Board Staff ' ~ort Conditional Use Requests for Gro,,~ Square Page 3 Drainaqe: Preliminary drainage plans were submitted and indicate that drainage will be accommodated via floor drains on the second level of the parking garage the will drain to exfiltration trench on the ground level of the parking garage. There are no problems anticipated in accommodating on-site drainage; however, the Engineering Department does have technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: The Open Space and Recreation Element of the City's 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 $27,500 will be required of this development for parks and recreation purposes. Solid Waste: The existing office building and nightclub / bar that are to be demolished generate 55.65 tons of solid waste per year. The proposed 55 dwelling units will generate 28.6 tons of solid waste per year (55 units x 0.52 tons = 28.6 tons) and the 800 square feet of retail floor area will generate 4.08 tons of solid waster per year (800 sq. ft. x 10.2 lbs. / 2,000 = 4.08 tons), a total of 32.68 tons. Thus, resulting in a decrease of 22.97 tons of solid waste generated per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement was submitted and approved by the Palm Beach County Traffic Division for the generation of 28 new AM peak hour trips and 34 new PM peak hour trips. However, a revised traffic statement based upon the provision of retail floor area and the reduction in dwelling units must be provided and approved by the Palm Beach County Traffic Division. Water and Sewer: Water and sewer service is available to the site via an eight inch (8") water main and eight inch (8") sanitary sewer main located within the SE 2® Avenue right-of-way. Fire protection will be provided via an existing fire hydrant that is located south of the proposed parking garage entrance from SE 2"d Avenue. Another fire hydrant presently exists at the southwest corner of the property; however the preliminary engineering plans did not indicate this hydrant as being retained. In order for the property to maintain adequate fire protection it is attached as a condition of approval that this hydrant is either retained or a suitable replacement site is provided. 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. Based upon the above, positive findings can be made with respect to these levels of service standards, subject to the outlined conditions. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the Planning and Zoning Board Staff ')od Conditional Use Requests for Gro.~ Square Page 4 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 applications are noted: Future Land Use Element Obiective A-l: 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 land uses, and fulfills remaining land use needs. The property is developed and contains approximately 11,638 square feet of office floor area, 9,538 square feet of nightclub / bar floor area, and 5,404 square feet of retail floor area as well as a 60 space surfaco parking lot. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year-round basis, which will provide economic stability for the downtown area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "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, se~ice, 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 Grove Square development will help to fulfill this stated land use need by providing 55 additional dwelling units and is therefore consistent with this policy. Future Land Use Element Obiecfive C-4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective: Policy C-,4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: r-I Deletion of inappropriate uses; [] Incentives for locating retail on the ground floor with office and residential use on upper floors; [] Accommodating parking needs through innovative actions; [] Incentives for dinner theaters, playhouses, and other family oriented activities; [] Allowing and facilitating outdoor cafes; [] Incentives for mixed use development and rehabilitation; [] Elimination of side yard setback requirements; and Planning and Zoning Board Staff' oort Conditional Use Requests for Gr(,. ~ Square Page 5 r~ Allow structural overhang encroachments into required yard areas. The development proposal will locate 55 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural venues and parks. They will interact on a regular basis with the storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will become major participants in, and contributors to, the downtown community. The Grove Square development proposal is consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued rehabilitation and revitalization of the CBD zoning district. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Given the potential impacts the proposed residential development will have on the surrounding road network and the location of a Palm Tran bus stop at the southeast corner of SE 1st Avenue and SE 1st Street (one block to the west), it is appropriate that the development contribute toward the provision of a bus shelter at this location. Thus, it is attached as a condition of approval that a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to certification of the site plan for the development. Subject to this condition of approval being addressed, the development will comply with Transportation Element Policy A-1.3. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal does not accommodate a typical bicycle parking facility (i.e. bike rack) on site; however individual storage areas are provided within the parking garage for each dwelling unit. These storage areas provide ideal locations for the residents to store their bicycles; however the existing retail/restaurant uses do not have access to any bicycle parking facilities. Therefore, a bike rack should be located adjacent to these uses and is attached as a condition of approval. Subject to this condition being addressed, the development will comply with Transportation Element Policy D-2.2. Open Space and Recreation Element Policy A-3.1: 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 because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. and there are other cultural and recreational opportunities located in the downtown that are not readily available to residents of suburban apartment complexes. However, the proposed development does provide some recreational facilities to its residents, such as a swimming pool and an exercise facility. Some of the recreational, cultural and open space opportunities located in proximity to the Grove Square development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the City's Tennis Center, Old School Square Cultural Planning and Zoning Board Staff' 9ort Conditional Use Requests for Gr~,..~ Square Page 6 Center and the Milagro Center. As playground areas are located close by and other facilities that can be utilized by children, such as the pool, the intent of this policy will be met. Based on the above, it is appropriate to waive this requirement to provide these services entirely on site. Housing Element Obiective 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, include: 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 three (3) and four (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 restricted to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by households with children. This complex will primarily accommodate young and middle-age professionals. The development will provide a mix of one (1) and two (2) bedroom units. As allowed by this policy, it is appropriate that there not be a requirement to provide three (3) and four (4) bedroom units and specific activity areas for children. Housing Element Policy B-2o6: 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 is discouraged. The development proposal is consistent with Housing Element Policy B-2.6 as it provides the desired type of residential development within the CBD. 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. Housing 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. As noted previously, the residents of this development will aid in the economic stability of the downtown area. However, the introduction of additional residential dwelling units will also likely improve the safety of the area by introducing more nighttime activity and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity. While the development proposal will result in additional AM and PM peak hour trips onto the surrounding roadway network, the number of daily trips generated will be substantially reduced by the Planning and Zoning Board Staff Tort Conditional Use Requests for Gm,d Square Page 7 proposed residential development replacing the office building and nightclub / bar that presently occupy the site. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Structures in the CBD may generally be no more than 48' high, unless conditional use approval is granted to exceed this standard to a maximum of 60'. Height is measured from the crown of the road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed mixed-use structure has a mixture of flat and pitched roofs with the maximum height measuring 54'-3". Pursuant to LDR Section 4.3.4(J) (4) (b), the City Commission may approve an increase in height to a maximum height of 60' pursuant to the processing of a conditional use request and based upon a finding of compliance with each of the enumerated criteria listed below. (i) That the structure is to be located in one of the following geographic areas: (9) Area "1" - all property within the CBD except for property lying east of the Intracoastal Waterway. The subject property is zoned CBD and is located west of the Intracoastal Waterway. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48', except for the following situations: (1) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; The proposed structure consists of three (3) levels of residential dwelling units above a two (2) level parking garage with an 800 square foot retail bay. Thus, the requested increase in height is to accommodate residential uses on the top floor of the structure, which is consistent with this criterion. (iii)That the increase in height is based on or will result in one or more of the following: (1) A demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary; (2) That 75% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; or (3) That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines. The development proposal meets criterion #2, above, as approximately 82% of the total ground floor area has been devoted to parking and/or vehicular traffic circulation. Planning and Zoning Board Staff ')ort Conditional Use Requests for Grove Square Page 8 A finding of compliance with the enumerated criteria listed above can be made to support the request to allow the proposed residential structure to exceed the standard 48' height limitation to a maximum of 54'-3". LDR Section 4.4.13{I) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of LDR Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. The proposed development consists of 55 residential dwelling units on a 1.44 acre parcel of land, which results in a density of 38.2 dwelling units per acre. The development is Ioceted in the CBD zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(I) and other relevant section of the LDR is provided below. (2) The applicable performance standards for development under this section are as follows: (a) 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 fa~:ade are offset and varied. In structures having more than two (2) 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 upper levels (third through fifth) of the proposed structure have been stepped back between four feet (4') and nine feet (9') from the lower levels (first and second) of the building on the SE ,d 2 Avenue / west elevation. However, this is only a minor increase in step back based upon the previous submittal which provided a step back between four feet (4') and eight feet (8'). A more substantial step back can and should be provided. The development proposal already has projected portions of the first and second levels away from the core of the building and incorporated these projections as balconies for the third level dwelling units. In order to more fully comply with the direction of the Board to increase the step back between the upper and lower levels of the building, the lower levels should be further projected toward the west and the balconies for the third level dwelling units expanded to utilize this projected area. It is noted that these additional projections should still accommodate the provision of adequate sight visibility at the SE 2nd Avenue parking garage entrance. The east elevation of the building, which abuts the Florida East Coast (F.E.C.) Railroad right-of-way, will incorporate offsets between eight feet (8') and 23' in order to provide relief to the structure. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate numerous balconies with aluminum railings and a varying Planning and Zoning Board Staff 3orr Conditional Use Requests for Gro,~ Square Page 9 roofline including a standard parapet, a curved parapet, and a curved corrugated roof. Several window shapes and patterns will also be included in the architecture along with fluted parapet details, aluminum masts, and glass block and wire mesh set within an aluminum frame to screen the parking garage while providing the necessary ventilation and natural light. While the wire mesh accomplishes the task of providing ventilation and natural light for the parking garage, the manner in which the wire mesh has been incorporated into the design of the west elevation results in a rather heavy / bulky appearance. Thus, in order to provide relief to the building mass along the lower levels of the building, it is suggested that the commercial storefront architecture is extended along the fac,;ade of the lower levels to the garage access on SE 2nd Avenue and that the wire mesh screens south of said garage access are broken-up in a manner consistent with the east elevation of the building. Based upon the modifications made to the building design per the Boards previous direction and the incorporation of the above suggestions into the building design, the development proposal will be consistent with this performance standard. (b) 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 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. The development proposal does incorporate a parking garage on the first and second levels of the structure. The building materials utilized with the parking garage are architecturally censistent with materials utilized on the upper levels of the structure despite not being identical. Further, the architecture of the structure includes vertical lines that will emphasize a unified appearance. The parking garage elevations will consist of split-face masonry, wire mesh screens set in an aluminum frame, and decoratively utilized glass block. The wire mesh screens and glass block will permit ventilation and natural light to enter into the parking garage and louvers will be provided along the interior of the wire mesh to restrict lighting to within the parking garage. As with the previously discussed performance standard, it is again suggested that the commercial storefront architecture is extended along the far,.ade of the lower levels to the garage access on SE 2nd Avenue and that the wire mesh screens south of said garage access are broken-up in a manner consistent with the east elevation of the building. These modifications will improve the compatibility between the two building sections (upper and lower) and allow the introduction of more similar building materials. Based upon the above, and subject to the attached conditions of approval being incorporated into the building design, the intent of this performance standard will be achieved. (c) 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 Planning and Zoning Board Staff' 9orr Conditional Use Requests for Gr(,.~ Square Page 10 having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal will provide a mix of one and two-bedroom dwelling units with twelve (12) different floor plans. There are 19 one-bedroom dwelling units ranging in size between 948 and 1,246 square feet, and 36 two-bedroom dwelling units ranging in size between 1,095 and 1,908 square feet. Based upon the above, the intent of this performance standard has been achieved. (d) 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 nine feet (9') 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. Along with the development plans, the applicant has provided a statement that the units will have eleven foot (11 ') high ceilings, large amounts of natural light via extensive use of glass including floor to ceiling windows in some locations, built-in cabinetry, decorative moldings, granite counters, and individual laundry facilities as standard items. In addition, the applicant has indicated that security features will be provided (i.e. key pads and/or key cards); however the exact nature of the security feature has not yet been determined. Nonetheless, based upon the above, the intent of this performance standard has been achieved. (e) 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 development proposal provides for most of the above referenced amenities, such as a swimming pool, an exercise room, individual storage rooms, and covered parking. Based upon the above, the intent of this performance standard has been achieved. (f) 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 in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The development proposal provides a safe and efficient pedestrian connection between the buildings west entrance and the public sidewalk along SE 2"d Avenue. A second pedestrian connection between the buildings north entrance and the public sidewalk along East Atlantic Avenue via the breezeway between the existing retail uses also exists; however it is suggested and attached as a condition of approval that a crosswalk is striped-out across the drive aisle that bisects this crossing. While the public sidewalks along SE 2nd Avenue and SE 1st Street already exist, the sidewalk along SE Ist Street is Planning and Zoning Board Staff oort Conditional Use Requests for Gro.~ Square Page 11 not constructed with paver bricks and is therefore inconsistent with the balance of the sidewalk adjacent to the properly. Thus, it is attached as a condition of approval that the concrete sidewalk along SE 1st Street is replaced with a paver brick sidewalk consistent with the balance of the downtown sidewalks. Light poles and fixtures consistent with those along East Atlantic Avenue will be installed adjacent to the subject property along SE Ist Street and SE 2°a Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures. While this has been noted on the proposed site plan it is also attached as a condition of approval. Based on the above and subject to the attached conditions of approval being addressed, this performance standard will be achieved. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development proposal occupies virtually all of Block 85 and the Subdivision of Block 85 plats with the exception of the parcel (Lot 1, Block 85) at the southeast corner of East Atlantic Avenue and SE 2nd Avenue, which consists of two buildings occupied by Atlantic Avenue Eye-Care and the V.F.W. Lodge. Thus, minimal opportunity exists to provide accessways or parking to adjacent properties. The development proposal will however provide twelve (12) new parallel public parking spaces along SE 2nd Avenue, which will achieve the intent of this performance standard. (h) Projects fronting on Atlantic Avenue, NE 1st Street or SE 1st Street contain nonresidential uses on the ground floor. The nonresidential ground floor space has ceilings not less than ten feet (10') in height. At least 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 principle frontage of the subject property is along East Atlantic Avenue and the development proposal will retain the existing commercial uses that front along this arterial right-of-way. The existing buildings have a ceiling height in excess of ten feet (10') and a surface area which is predominantly occupied by display windows and entrances. The subject property also has approximately 66' of frontage along SE 1,t Street; however the potential development of this frontage would typically be limited to approximately 25' by the 40' sight visibility triangle required at the intersection of SE 2nd Avenue and SE 1,t Street. Therefore, it is reasonable to base compliance with this performance standard only on the East Atlantic Avenue frontage, which exceeds the requirements of this performance standard. Of the eight (8) performance standards outlined in LDR Section 4.4.13(I), the subject development proposal complies with five (5) outright. Compliance with the remaining three (3) performance standards can be achieved subject to the attached conditions of approval being addressed. Given this level of achievement with the performance standards it is appropriate to grant the requested increase in density. LDR SECTION 2.4.5{E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Planning and Zoning Board Staff 0ort Conditional Use Requests for Gr(,,o Square Page 12 (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoninq: Use: North CBD Various Retail Businesses South Central Business District-Railroad MilagroCenter Corridor (CBD-RC) East CBD and Community Facilities (CF) Parking Lot and Vacant Land West CBD Various Retail Businesses The development proposal will significantly enhance the aesthetics of the subject properly unifying the majority of the parcels under a single development. Further, the neighborhood and the downtown as a whole will benefit by the inclusion of new residential dwelling units. Increase in Hei,qht: The increase in building height over the standard 48' to 54'-3" will not be detrimental to the surrounding neighborhood. As discussed previously, the upper levels (third through fifth) of the structure are proposed to be stepped-back between four feet (4') and nine feet (9') from the lower levels (first and second) along the west elevation. It is suggested however, that this step back is increased by further projecting the lower levels of the building toward the west. Further relief will be provided to reduce the perceived building mass along the SE 2® Avenue / west elevation via the utilization of offsets varying between four feet (4') and ten feet (10') within the vertical planes of the far. de on the upper levels of the building. The east elevation of the building, which abuts the F.E.C. Railroad right-of-way, will incorporate offsets between eight feet (8') and 23' that will also provide relief to the structure. Increase in Density: The stability of the downtown area will be significantly enhanced by the addition of 55 residential dwellings that will patronize area businesses and contribute to the long term revitalization of the downtown. They will help to create and sustain a demand for goods and services within the downtown area, such as clothing stores and food markets, which will enhance commercial rents and property values. As discussed previously, the development proposal is located within the TCEA. Traffic in the downtown area has increased significantly since the rnid-1990's when the revitalization began to take off and it has not at all deterred people from visiting the Central Business District. Stop and go traffic and congested sidewalks are indicative of successful, healthy downtowns, and tend to attract more people and greater investment in the area. Trips associated with this residential development will principally occur during the AM and PM peak hours, whereas the majority of the trips generated by the previous uses on site primarily occurred following the PM peak hours and were substantially higher, Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5) for the conditional requests pertaining to an increase in building height to a maximum of 60' Planning and Zoning Board Staff port Conditional Use Requests for Gr(,,e Square Page 13 (54'-3" is proposed) and to allow a density in excess of 30 units per acre (38.2 du/ac is proposed). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the conditional use requests, a sketch plan in substantial compliance with the submittal requirements for a site plan application was submitted and has been reviewed by staff. If the conditional uses are approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan, the following analysis is provided: Building Setbacks: Pursuant to LDR Section 4.4.13(G) (2), within the area encompassed by the boundaries of the Downtown Development Authority (DDA) as originally established in LDR Section 8.2.2(B), there shall be no required front, side interior, side street, or rear building setbacks except where ..there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. The subject property is located within the boundaries of the original DDA and has dedicated access to the rear of the existing and proposed structures; therefore no building setbacks are required. Parkinq Requirements: The development proposal consists of 55 residential dwelling units and 800 square feet of retail floor area. The parking requirements for a mixed-use project located in the CBD are calculated as follows: Step 1: The base parking requirements for each use in the project are determined individually and are depicted in the following table: Base Parking Requirements Us__~e Parkina Reauirement Pat(lng Spaces Required Residential Units One Bedroom (19) 1.25 spaces per unit 23.75 Two Bedrooms (36) 1.75 spaces per unit 63 Total 86.75 Guest Parking Units 1-20 0.5 per unit 10 Units 21 - 50 0.3 per unit 9 Units 50 - 90 0.2 per unit 1 Total 20 Retail Floor Area 1 per 300 sq. ff. 2,66 Existing Restaurant / Retail Floor Area I per 300 sq. ft. 5.3 (Vested) TOTAL ¥14.71 (1~15) Step 2: Pursuant to LDR Section 4.6.9(C) (8) (a), the minimum parking requirement for mixed-use buildings in the CBD shall be determined by the peak parking demand period. The peak demand period for the Grove Square project is the period from 6:00 P.M. to Midnight during weekdays. The following shared parking table has been modified to reflect the uses associated with the development proposal and to depict the resulting parking requirement within the timeframe: Planning and Zoning Board Staff oort Conditional Use Requests for Gro.~ Square Page 14 Mixed-Use Parking Requirements Use Base Parking Weekday - Evening Shared Parking Requirement 6 P.M. to Midnight Requirement Residential 31.75 90% 28.57 Commercial/Retail 2.6 90% 2.39 Other * 80.3 100% 80.3 Total Requimcl Parking: 111.26 (112) · - This figure represents the vested parking requirement for the existing restaurant and retail fleer area that is not being modified with this development proposal (5.3). and the reservation of 75 parking spaces for the residential dwelling units and guest parking on the second parking garage level. Based upon the above methodology, the total number of parking spaces required is 110. The project provides 125 parking spaces on-site, which includes the parking garage (123 spaces) and the sur[ace spaces located to the south of the restaurant and retail buildings that are to remain (2 spaces). It is noted that the conversion of any commercial floor area to restaurant will require the processing of a site plan modification which must address the additional parking demand. 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 development proposal includes nine (9) compact parking spaces located within the parking garage. This represents approximately 7.2% of the total spaces, thus meeting the requirement. Handicapped Accessible Parkinq: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 125 parking spaces provided, the development must provide a minimum of three (3) handicap accessible parking spaces and three (3) handicap accessible parking spaces have been provided. On-Street Parkinq: Although not counted toward meeting the parking requirements for the project, twelve (12) public parking spaces are being provided by the developer within the SE 2nd Avenue right-of- way. Although available to the general public, these spaces should help meet the shorter term parking requirements of residents and guests of the project. A maximum time limit of two (2) hours during the daytime should be imposed by the City to prevent long term parking. Liqhtinq: A photometric plan has not been submitted for the development proposal. A photometric plan consistent with the requirements of LDR Section 4.6.8, that includes the lighting coverage for the parking garage, will need to be submitted during the site plan review process and is attached as a condition of approval. Also, as noted previously, it is attached as a condition of approval that light poles and fixtures consistent with those along East Atlantic Avenue are installed adjacent to the subject property Planning and Zoning Board Staff' 3orr Conditional Use Requests for Gro,,~ Square Page 15 along SE Ist Street and SE 2nd Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures. Sidewalks: As noted previously, public sidewalks along SE 2nd Avenue and SE 1st Street already exist. However, the sidewalk along SE 1st Street is not constructed with paver bricks and is therefore inconsistent with the balance of the sidewalk adjacent to the property. Thus, it is attached as a condition of approval that the concrete sidewalk along SE 1st Street is replaced with a paver brick sidewalk consistent with the balance of the downtown sidewalks. Plat: As the development proposal will likely include the dedication and abandonment of various easements, a plat must be processed and recorded prior to issuance of a building permit and is attached as a condition of approval. Community Redevelopment Agency: The Community Redevelopment Agency (CRA) will review the development proposal at its meeting of August 12, 2004. The Boards recommendation will be presented at the Planning and Zoning Board meeting. Downtown Development Authority: The Downtown Development Authority (DDA) will review the development proposal at its meeting of August 13, 2004. The Boards recommendation will be presented at the Planning and Zoning Board meeting. Site Plan Review and Appearance Board (SPRAB): If the conditional use requests are granted, a site plan application addressing the outstanding technical comments would need to be approval by the SPRAB. Final action on the site plan will rest with the SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ~ Delray Beach Chamber of Commerce C} President's Council r~ Progressive Residents of Delray (PR.O.D.) Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property prior to the Planning and Zoning Board meeting of July 19, 2004. As the proposal was not tabled to a time-certain date, a second formal public notice has subsequently been provided. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff 9oft Conditional Use Requests for Gru,~ Square Page 16 The proposed conditional uses are to allow for a mixed-use structure having a height in excess of 48' (54'-3" is proposed) and to allow for a density in excess of 30 units per acre within the CBD (38.2 du/ac is proposed). As described in this staff report the request for additional height meets with the criteria established in LDR Section 4.3.4(J) (4) (b), and the increase in density above 30 units per acre is supportable as the project meets or exceeds the Performance Standards found in LDR Section 4.4.13(I). The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E) (5) regarding compatibility of the proposed development with the surrounding properties regarding the requested increases in building height and density. It is noted that pursuant to LDR Section 4.4.13(I) (1), despite the fact that compliance with the performance standards is possible subject to the attached conditions, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. A. Continue with direction. B. Move a recommendation of approval of the conditional use requests to allow for a building height in excess of 48' (54'-3") and a density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(I), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use requests to allow for a building height in excess of 48' (54'-3") and a density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(I), and Chapter 3 of the Land Development Regulations. By Separate Motions: 121 Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48' (54'-3") for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development Regulations; O Move a recommendation of approval of the conditional use request to allow for a density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(I), and Chapter 3 of the Land Development Regulations; Planning and Zoning Board Staff 3ort Conditional Use Requests for Gr(,.,~ Square Page 17 With said approvals to be subject to the following conditions: 1. That the outstanding technical comments listed in Appendix "A" are addressed prior to site plan approval; 2. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to certification of the site plan for the development for the provision of a Palm Tran bus stop shelter at the comer of SE 1st Street and SE Ist Avenue; 3. That a bicycle rack is located adjacent to these existing commercial uses on the north end of the subject property; 4. That the lower levels of the building should be further projected toward the west and that the balconies for the third level dwelling units are expanded to utilize this projected area; 5. That the commercial storefront architecture is extended along the facade of the lower levels to th~ garage access on SE 2nd Avenue and that the wire mesh screens south of said garage access are broken-up in a manner consistent with the east elevation of the building. 6. That a crosswalk is striped-out across the drive aisle bisecting the crossing from the north entrance of the structure to the breezeway leading to East Atlantic Avenue; 7. That the concrete sidewalk within the SE 1st Street right-of-way is replaced with a paver brick sidewalk consistent with the balance of the downtown sidewalks; 8. That light poles and fixtures consistent with those along East Atlantic Avenue are installed adjacent to the subject property along SE 1st Street and SE 2"d Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures; 9. That a photometric plan consistent with the requirements of LDR Section 4.6.8, that includes the lighting coverage for the parking garage is submitted during the site plan review process; and 10. That a plat is processed and recorded prior to issuance of a building permit. Attachments: Appendix =A ", Location Map, Site Plan, Floor Plans, Architectural Elevations, and Building Section Staff Report Prepared by: Robert G. Tefft, Senior Planner Planning and Zoning Board Staff' 3ort Conditional Use Requests for Gro.,~ Square Page 18 1. Pursuant to LDR Section 2.4.3(B) (8), depict the approximate locations of aboveground and underground utilities including water, sewer, drainage, power, gas, telephone, and cable television; poles and guy wires, transformer boxes, etc. The plan shall also identity the disposition of all such utilities. 2. Pursuant to LDR Section 2.4.3(B) (14), depict the manner in which all utility services are to be provided to the site and structures on site. 3. Pursuant to LDR Section 2.4.3(B) (15), provide a sketch/detail of the proposed aluminum fence, wall, balcony railings, and wire mesh screen. 4. Pursuant to LDR Section 2.4.3(B) (17), depict the locations of the proposed light fixtures both within the parking garage and on the site. Also, provide a detail of the light fixtures/poles along with a photometric plan. The photometric plan should include data regarding both the interior of the building and site. 5. Pursuant to LDR Section 2.4.3(B) (18), while a trash compactor has been included to serve the proposed building, provide facilities for the existing retail and restaurant uses. Also, provide a detail of the proposed facility and enclosure with notations for the type of gating and materials used for the enclosure. 6. Pursuant to LDR Section 2.4.3(F) (4), provide a composite utility plan that shows the location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, drainage, etc.). The composite plan shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibility for relocation of existing services and installation of new services. 7. Pursuant to LDR Section 4.6.9(D) (3) (c) (1), 50' of stacking distance is required between the SE 2nd Avenue right-of-way and the drive aisle with the parking garage and only 35' has been provided. 8. Pursuant to LDR Section 4.6.16(H) (3) (j), each row of parking spaces shall be terminated by a landscape island. The parking tier at the north end of the property (outside of the parking garage) is not terminated by such a landscape island. 9. A raised concrete island should be constructed at the north end of the west parking tier of the garage levels. 10. The balconies for units "A15" and "C9" encroach into the F.E.C. Railroad right-of-way and must be reduced. 11. There is a concern with regard to the accessibility of the proposed trash compactor. The trash compactor may need to be installed at an angle in order to ensure accessibility. Provide the turning movements for trash compactor access on the site plan. 12. The area abutting the south side of the compactor should be striped as "no parking". 13. Provide a copy of the required SFWMD permit for this project. 14. Indicate proposed elevations on existing roadway. 15. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all property lines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property. Planning and Zoning Board Staff ,~ort Conditional Use Requests for Gr~,,~ Square Page 19 16. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. 17. Provide certified exfiltration trench test results. 18, Show nearest existing drainage structures and indicate how proposed design will not create ponding water. 19. Indicate on plans how the roof drainage is accommodated. 20. Provide paving cross sections. 21, Clearly indicate on plans the limits of all curbing. 22. Indicate how handicap access is provided to structure in conformance with ADA standards and handicap spaces are to be provided in accordance with Florida Accessibility Code for Building Construction. 23. Parking layout and striping need to follow City of Delray Beach standards. Provide standard City of Delray Beach parking stall detail. Remove parking detail from site plan and only show on engineering plan. 24, Indicate stop bars and signs at egress drives as well as providing interior traffic control markings and signage. Clearly indicate onsite traffic control. 25. Show existing fire hydrant at intersection of SE 2"d Avenue and SE 1st Street. 26. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility Department upon building permit application and remove the size indicated on the engineering plans. 27. Provide standard city RPZ backflow preventor detail on plans. 28. A cleanout will be required on the sewer service at the right-of-way line and/or easement line. Renumber cleanouts. 29. Indicate typical configuration and location of proposed sewer services with cleanouts. 30. Indicate rim and invert of upstream and down stream manholes of proposed sewer laterals. 31. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior to submitting Final Engineering Plans. 32. Indicate location of irrigation water meters. 33. Provide signed and sealed calculations indicating that existing lift station and force main which collects waste from proposed site has sufficient volumetric and pumping capacity, Also, confirm that downstream gravity sewer mains have sufficient capacity. 34. A certified engineer's estimate will be required for improvements within rights-of-way. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. N.W. 2ND ST. N.E. 2ND ST. HALL N.W. 1ST ST. N.E. 1ST ST, COMMUNITY CENTER :. ~ ~ ~ -- OLD TADIUM SQUARE ATLANTIC AVENUE GROVE SQUARE I' FROM: ~/SCOTT ARONSOI~, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF SEPTEMBER 2'1, 2004- REGULAR AGENDA REVIEW A REQUEST FROM JOE'S RESTAURANT FOR THE PURCHASE OF FOUR (4) IN-LIEU PARKING SPACES Joe's Restaurant, located at 19 - 23 SE 5th Avenue (Southbound Federal Highway) has submitted a Class III site plan modification for the conversion of a 1,320 +/- square foot Barber Shop and retail bay to restaurant. Land Development Regulations (LDR) Section 4.4.13(G)(1) requires that parking be provided by calculating the difference between one (1) space per 300 sq. ft. and six (6) spaces per 1,000 sq. ft. This proposed conversion requires the provision of four (4) spaces (3.72 rounded up to 4). Staff is concerned that the site plan shows no storage or office space associated with the restaurant use on the first floor. The existing office space shown on the second floor requires no additional parking. However, if any of the existing office space on the second floor were to be used in association with the restaurant i.e. storage and or office, additional parking would be required under a similar formula. Retail 1 per 300 sq. ft. 1,395 1,395 / 300 4.65 Restaurant 6 per 1000 sq. ft. 1,395 1395 / 1000 x 6 8.37 Total new spaces required 3.72 LDR Section 4.6.9(E)(3) states "If it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking...". Due to site constraints it is impossible to provide the required parking on-site. Consequently, the applicant is requesting to purchase four (4) in-lieu spaces at a cost of $12,000 per space totaling $48,000 to be paid in accordance with LDR Section 4.6.9(E)(3)(d) by entering into an In-Lieu of Parking Fee Agreement with the City. The subject property has a preexisting non-conformity (5 space shortage) with respect to parking and currently has no parking spaces. The approval of this request would result in the property having 100% of it's parking through a combination of a preexisting nonconformity credit and in-lieu of fees. Although the subject property has no parking it is adjacent to the Village Lot (municipal lot) with a 34 space capacity and across the street from the Chamber of Commerce Lot which contains 67 spaces. The Community Redevelopment Agency considered the request at their meeting of August 12, 2004. While there was concern regarding the in-lieu request the Board recommended approval of the proposed project. The Downtown Development Authority considered the request at their meeting of August 13, 2004, and while not having a quorum, provided a consensus approving the proposed project. The Parking Management Advisory Board, at their meeting of August 24, 2004, unanimously recommended approval of the applicant's request. Board Discretion. THRU: PA~UL DOR~NC~DI~ECTOR OF PLANNING & ZONING FROM: JSCOTT ARONSO~I,!PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF SEPTEMBER 21, 2004- REGULAR AGENDA REVIEW A REQUEST FROM COLD STONE CREAMERY FOR THE PURCHASE OF FIVE (5) IN-LIEU PARKING SPACES. Cold Stone Creamery, located at 110 East Atlantic Avenue, has submitted a Class III site plan modification for the conversion of 1,607 square feet of office space to restaurant. Land Development Regulations (LDR) Section 4.4.13(G)(1) requires that parking be provided by calculating the difference between one (1) space per 300 sq. ft. and six (6) spaces per 1,000 sq. ft. This conversion requires the provision of five (5) spaces (4.285 rounded up to 5). Retail 1 per 300 sq. ft. 1,607 1,607 / 300 5.357 Restaurant 6 per 1000 sq. ft. 1,607 1,607 / 1000 x 6 9.642 Total new spaces required 4.285 LDR Section 4.6.9(E)(3) states "If it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking...". Due to site constraints it is impossible to provide the required parking on- site. Consequently, the applicant is requesting to purchase five (5) in-lieu spaces at a cost of $12,000 per space totaling $60,000 to be paid in full upon issuance of a building permit. Staff feels that rather than being a destination generating additional vehicular trips the Cold Stone Creamery will service customers already visiting the Downtown area. Therefore, staff recommends approval of the applicant's request. The Community Redevelopment Agency considered this request at their meeting of August 26, 2004. The Board recommended denial of the proposed project with a 2-3 vote based on a concern with the number of in-lieu spaces requested 0Nheat, Montague and Lewis dissenting / Eliingsworth abstained). The Downtown Development Authority, at their meeting of August 13, 2004, while not having a quorum, provided a consensus approving the proposed project and the related in-lieu request. The Parking Management Advisory Board, at their meeting of August 24, 2004, recommended approval of the applicant's request by a 4-3 margin (Ramos, Montague and Lierle dissenting). Move approval of the request from Cold Stone Creamery for the purchase of five (5) in-lieu spaces by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDRs. FROM: OTT PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF SEPTEMBER 21, 2004 - REGULAR AGENDA APPROVE A REQUEST FROM ATLANTIC COFFEE & TEA FOR THE PURCHASE OF TVVO (2) IN-LIEU PARKING SPACES Atlantic Antique Mall, located at 504 East Atlantic Avenue, received approval for three (3) in-lieu spaces at the City Commission meeting of March 19, 2002. Subsequent to paying the required $36,000 certain site plan modifications were submitted reducing the square footage of the proposed project resulting in a reduction of required in-lieu spaces to one (1) space. In February, 2004 the applicant received a $24,000 refund for the two (2) unused in-lieu of spaces approved. Atlantic Coffee & Tea has submitted a Class III site plan modification to convert a total of 750 square feet of retai~ space within the Atlantic Antique Mall to restaurant. The site plan proposes to convert 590 sq. ft. on the first level to a coffee shop and an additional 160 sq. ft. on the second level for an associated seating area. Pursuant to Land Development Regulations (LDR) Section 4.4.13(G)(1) this conversion requires the provision of two (2) additional parking spaces. I oral new spaces requ~re(J LDR Section 4.6.9(E)(3) states if it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. Due to site constraints it is impossible to provide the required parking on-site. Consequently, the applicant is requesting to purchase two (2) in-lieu spaces at a cost of $12,000 per space ($24,000 total) to be paid in accordance with LDR Section 4.6.9(E)(3)(d). Staff feels that the Coffee Shop will not be a destination in itself and will be utilized primarily by customers already in the Downtown area. Therefore, staff recommends approval of the applicant's request. The Community Redevelopment Agency considered the request at their meeting of August 12, 2004, and unanimously recommended approval. The Downtown Development Authority considered the request at their meeting of August 13, 2004. They did not have a quorum, however they provided a consensus approving the proposed project. The Parking Management Advisory Board considered the request at their meeting of August 24, 2004, and unanimously recommended approval of the applicant's request. Move approval of the request from Atlantic Coffee & Tea for the purchase of two (2) in-lieu spaces by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDRs. TO: DAVID T. HARDEN, CiTY MANAGER THRU: PAUL DORLING~'BIRECTOR OF PLANNING & ZONING FROM: SCOTT ARONSON~ PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF SEPTEMBER 21, 2004- REGULAR AGENDA APPROVE A REQUEST FROM MANO-A-MANO FOR THE PURCHASE OF ONE (1) IN-LIEU PARKING SPACE In September, 2003, Tapas Restaurant located at 8 East Atlantic Avenue got approval of a Class III site plan modification to convert a 2,850 square foot retail bay to restaurant. At the time of the conversion a non-conforming 346 square foot residential unit located on the 2"d floor was assessed it's required parking (1 ¼ spaces). The conversion to restaurant use and the residential unit required a total of seven (7) new parking spaces. The ten (10) space parking area adjacent to the building was reconfigured to provide an additional three (3) spaces and the remaining four (4) spaces were purchased via the in-lieu program. The restaurant, renamed Mano-A-Mano, has submitted a Class III site plan modification for the conversion of the 346 square foot 2"d floor residential space to office space associated with the first floor restaurant. Land Development Regulations (LDR) Section 4.6.9(E) states "if it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking...". LDR Section 4.4.13(G)(1) requires one (1) additional parking space at a cost of six thousand dollars ($6,000) to be paid in full upon issuance of the building permit. Considering the proposed conversion is for office space and is unlikely to create additional vehicular trips to the subject property staff recommends approval of the applicant's request. The Community Redevelopment Agency considered the request at their meeting of August 12, 2004, and unanimously recommended approval of the proposed project. The Downtown Development Authority, considered the request at their meeting of August 13, 2004, and while not having a quorum, provided a consensus approving the proposed project. The Parking Management Advisory Board considered the request at their meeting of August 24, 2004, and unanimously recommended approval of the applicant's request. Move approval of the request from Mano-A-Mano for the purchase of one (1) in-lieu space by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDRs. TO: DAVI~"~Ir. HARD~ANAGER FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF SEPTEMBER 21, 2004- REGULAR AGENDA APPROVE A REQUEST FROM 329 PINEAPPLE GROVE WAY FOR THE PURCHASE OF ONE (1) IN-LIEU PARKING SPACE The mixed use building at 329 Pineapple Grove Way will contain 4,621 square feet of retail space on the ground floor and four (4) residential units on the second floor. Land Development Regulations (LDR) Section 4.6.9(C)(8)(a) allows developers to utilize the shared parking table to calculate required parking when a building(s) on a unified site is used for both residential and commercial uses. In accordance with the shared parking table the development requires 28 parking spaces (see attached). The site plan proposes the construction of a 23 space parking lot to the rear of the structure on the west side of the property and an additional four (4) parallel parking spaces adjacent to the alley for a total of 27 spaces. LDR Section 4.6.9(E)(3) states if it is impossible or inappropriate to provide the required on-site or off- site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. Consequently, the applicant is requesting to purchase one (1) in-lieu space at a cost of $6,000. LDR Section 4.6.9(E)(3)(e) requires developers to construct on-street parking spaces adjacent to a project where sufficient right-of-way exists. This requirement contradicts the adopted Pineapple Grove Master Plan in this area, which shows on-street parking in defined segments and provides for sidewalk widths at a minimum of ten feet (10') in others. The Community Redevelopment Agency considered the request at their meeting of September 11, 2003, and approved the development proposal. The Downtown Development Authority, considered the request at their meeting of September 19, 2003, and approved the development proposal. The Pineapple Grove Design Committee, considered the request at their meeting of October 6, 2003, and approved the development proposal. The Site Plan Review and Appearance Board, considered the request at their meeting of October 22, 2003, and approved the development proposal. Move approval of the request from 329 Pineapple Grove Way for the purchase of one (1) in-lieu space by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDRs. CITY OF DELRrlY BEACH "! CITY ATTORNEY'S OFFICE ~°° ~ ~ ~' ~"~"~^~"' ~°"~^ ~"~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Wdter's Direct Line: 561/243-7091 I 11[ September15, 200;EMORANDuM TO: City Commission David Harden, City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Mana.qement Aqreement for Golf Courses with BJCE, Inc. The attached management agreement, between the City and BJCE, inc., provides for the management of the Municipal and Lakeview Golf Courses. This agreement is for a term of 4 years, however, either party may terminate this agreement, with or without cause, upon 90 days written notice to the other party. Under the terms of the agreement BJCE may be entitled to a performance bonus if they accomplish certain specific goals. There is also a provision in the agreement that provides that BJCE shall be able to staff the clubhouses, in order to provide food and shelter, at both courses in the event of a natural disaster. Please place this item on the September 21, 2004, City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk Bob Barcinski, Asst. City Manager MUNICIPAL GOLF CLUB AND LAKEVEIW GOLF CLUR MANAGEMENT AGREEMENT OCTOBER 1, 2004 TABLE OF CONTENTS Incorporation of Recitals 3 Agreement to Perform Work 3 Services 3 Term of Agreement 3 Termination 3 Payment 4 Reimburseables 4 Availability of Company/Employees 4 Performance Bonus 5 Licensed or Registered Personnel 5 Designated Representative 5 Performance 5 Public Records Law 6 insurance 6 Tax Exempt Status 6 Purchase 7 Alcoholic Beverage License 7 Successors and Assigns 7 Destruction of Facilities; Force Majeure 7 Notices 8 Independent Contractor 8 Indemnification 8 Binding Effect 9 Amendments 9 Third Parties 9 Venue 9 Entire Agreement 9 Exhibit "A" 11 MUNICIPAL GOLF CLUB AND LAKEVIEW GOLF CLUR MANAGEMENT AGREEMENT THIS AGREEMENT ("The Agreement") is made this day of , 2004 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), and BJCE, INC. (hereinafter called "Company"). WlTNESSETH: WHEREAS, the Company responded to a Request for Proposals (RFP) for the management of the Delray Beach Golf Club ("Municipal Course") and the Lakeview Golf Club ("Lakeview Course"), together referred to as "Courses"; and WHEREAS, the terms of the RFP shall be incorporated into this management agreement; and WHEREAS, the City has determined it is in the public interest to enter into this management agreement with Company. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals~ The parties hereby represent and warrant that the above recitals are accurate and correct and the recitals are hereby incorporated as if fully set forth in this Agreement. 2. Agreement to Perform Work. City agrees to retain Company to render certain professional services (hereinafter the "Services") and to pay for the performance of such work on and under the conditions which are set forth in this Agreement, and Company agrees to perform such Services to the reasonable satisfaction of the City and to accept full payment as is set forth in this Agreement. 3. Services. The services shall generally consist of those services more particularly set forth in exhibit "A" which is attached hereto and incorporated as if fully set forth herein. 4. Term of Agreement. This agreement will commence on October 1, 2004 and terminate on September 30, 2008. This agreement may be renewed for another 4 year term, upon the sole discretion of the City. 5. Termination. This agreement may be terminated by Company with or without cause by giving the City ninety (90) days written notice in advance of the date of termination. Upon termination of this Agreement, the City shall remit, after review and 3 approval of all receipts and itemizations, any outstanding reimburseables incurred by Company prior to termination of the agreement. This Agreement may be terminated by the City with or without cause by giving the Company ninety (90) days wdtten notice in advance of the date of termination. 6. Payment. The City shall pay Company for the performance of work at a base monthly rate payable at the first of the month in the following amounts: October 1, 2004 to September 30, 2005 - $12,000.00 per month October 1, 2005 to September 30, 2006 - $12,250.00 per month October 1, 2006 to September 30, 2007 - $12,500.00 per month October 1,2007 to September 30, 2008 - $12,750.00 per month 7. Reimburseables. The City shall accept and pay the actual cost of reimburseables as follows: (a) Payroll costs for Company's employees who are working full-time or part-time at the Courses. The payment of such payroll costs is subject to the City Manager's, or his designee's prior approval, and only such approved costs shall be paid; (b) All insurance premiums as required under paragraph 14 of this agreement; (c) Pre-approved travel expenses; (d) Mileage at the current City rate per mile; (e) Telephone, mail, facsimile and pre-approved miscellaneous out-of- pocket expenses. Company shall itemize all expenses and submit receipts to show proof thereof. Such expenses shall be billed by Company at cost on a monthly basis. 8. Availability of Company and Employee~. During the term of this Agreement, Company and its employees, and/or its representative shall be available to perform the Services as may be required to accomplish the Services in the manner required by this Agreement. Company and its employees, and/or its representative shall be available for consultation during the hours normally worked by City's employees unless otherwise agreed between City and Company, and in special circumstances. Company and its employees, and/or its representative shall also be available to City during evening meeting hours and other reasonable times when required by City. Company and its employees shall also be available to fully staff the 4 Municipal Course and Lakeview Course in times requested by the City, which the City determines in its sole and absolute discretion is advantageous to the City due to emergencies, disasters or any other reason required by the City in order to assist the officers, agents, employees, residents and others as determined by the City. Such assistance could include, but is not limited to, providing food and shelter to City employees and others at the dates and times specified by the City, as determined by the City, in its sole discretion. 9. Performance Bonus. In addition to the base payment provided for in this Agreement, Company shall be eligible to receive a yearly fixed bonus payment on or before December 1st of each year. The performance bonus payment shall be contingent upon accomplishing specific yearly goals and objectives as agreed to by Company and the City Manager in writing and approved by the City Commission. The proposed performance measure must be submitted by the Company to the City Manager for review on a yearly basis by August 31st of the year preceding the year in which the bonus is to be paid. In any event, the standard aggregate bonus paid to Company in any one year shall not exceed 15% of the base fee provided for managing the Courses. In no event will the yearly fixed bonus be based on net profits or a combination of gross revenue and expense targets. Company shall also submit a marketing business plan on a yearly basis, by August 31st of the year preceding the year in which the plan pertains to, to the City Manager for his review and approval by the City Commission. 10. Licensed or Registered Personnel. All services to be rendered by Company under this Agreement, which are required by law to be performed by or under the direction of a duly licensed or registered professional, shall be rendered in compliance with such requirements. 11. DesiRnated Representative. All of Company's recommendations, reports and certifications are to be routed through the City Manager or his designee. Company shall designate Brahm Dubin as its representative for this Agreement. 12. Performance. Dudng the term of this Agreement, Company shall, to the best of its ability, design, inform, suggest, advise and render all services that might be requested by City or which may be appropriate in respect to the Services on a timely basis, as required by City to meet project timetable needs. City shall have the right to 5 make use of same in its business at any time as it may desire without further payment to Company, other than that specifically stated herein. All reports and other documents furnished by Company in the course of or as a result of performing the Services shall be the property of City and may be used by City for any purpose whatsoever. 13. Public Records Law. Company shall be required to comply with the Florida public records law to the extent that it may be required to comply with such law. 14. Insurance. Company shall provide the City with insurance certificates which coverage shall be maintained throughout the term of this Agreement showing the following minimum insurance coverage: Crime and Employee Dishonesty Insura~'.~=.: Minimum limits of $500,000 per occurrence. Workers Compensation: Coverage with Statutory Limits for coverage "A" and limits of a minimum of $1,000,000 for Employers Liability. General Liability Insurance: Minimum limit of $1,000,000 per occurrence and $2,000,000 in the aggregate annually, providing coverage for Premises and Operations, Products and Completed Operations, Fire Legal Liability, and Personal and Advertising injury Liability. Automobile Liability: For any owned or non-owned vehicles, with minimum limits of $1,000,000 per occurrence. Pollution Liability: Minimum limit of $1,000,000 must be maintained. All insurance policies must be obtained through insurance companies that are authorized to transact business in the State of Florida by the Department of Financial Services, and they must carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. 15. Tax Exem__p~.Status. It is recognized by Company that the City's Municipal Course has been financed with proceeds of tax exempt debt and may be re- financed from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities constructed with tax exempt debt, such as a golf course, in order to maintain the tax exempt status of the debt issued to finance the same. This Agreement shall automatically terminate, without any required notice by the City, if any payment required to be made under the provisions of the Agreement with the City would, together with any other private use payments made or required to be made by any other enfity(ies) or person(s) for the use of the Municipal Course or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation (herein "negative tax consequences") of the City issued to finance or refinance the municipal golf course or any part thereof. Such a termination shall not constitute a default on the part of either party to this Agreement. Upon such termination, it is the intent of the parties hereto to enter into a new agreement which would contain different or modified payment terms and/or amounts acceptable to both of the parties hereto, and which, in the opinion of the City's bond counsel, would not have negative tax consequences. 16. Purchase. All pumhases of equipment or supplies for the operation of the Courses shall be made by the City's Purchasing Department. 17. Alcoholic Boveraqe License. The parties agree that City will pay all costs, fees and expenses associated with maintaining the alcoholic beverage licenses. At the time of the termination of the Management Agreement, Company shall transfer the alcoholic beverage license to the City. The cost for the transfer of the alcoholic beverage license shall be paid for by City. City will be responsible for the remittance of sales taxes on a monthly basis to the State of Florida, including all late fees and penalties, which the State of Florida may assess with respect to the alcoholic beverage license. Company shall ensure that all federal, state and local laws relating to the use of the alcoholic beverage license are complied with. 18. Successors and Assigns. Company shall not assign or transfer its interest in this Agreement without the pdor written consent of City, which may be withheld for no reason or any reason the City, in its sole discretion, believes is in its best interests. The foregoing notwithstanding, this Agreement shall be binding upon and inure to the benefit of each party's successors and assigns. 19. Destruction of Facilities; Force Majeure, In the event the facilities, located at the Municipal Course or Lakeview Course, or major part thereof, shall be destroyed or substantially damaged by fire or any other cause, or if any other casualty or any unforeseen occurrence, as determined by the City, then this Agreement may be terminated immediately by the City, in its sole 7 discretion. The City in its sole discretion may determine that it will not rebuild or repair the facilities. In the event that a weather related emergency or natural disaster or other emergency occurs, that does not destroy the facilities, but either effects the use of the facility by the public or the City or effects other areas of the City to such an extent that the City does not desire that the courses be operated for golf related activities, the City may immediately terminate this Agreement or continue with the Agreement thereafter at its sole discretion. The use of the facilities for other purposes will not be a breach of this Agreement. If the City decides to terminate this Agreement, Company shall submit any outstanding invoices to the City within 30 days of such termination. The City shall provide notice to Company of such termination as provided by Paragraph 20. 20. Notices. All notices required or desired to be given under this Agreement shall be in writing and delivered in person or transmitted certified mail, return receipt requested, postage prepaid addressed to the party to be noticed, and shall be deemed to have been delivered three (3) days after deposit in a post office or letter box in the above manner. To City: City of Delray Beach 100 N .W. 1st Avenue Delray Beach, FL 33444 To Company: BJCE, Inc. 1300 Park of Commerce, Suite 272 Delray Beach, FL 33445 21. Independent contractor. Company, its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of the Agreement. This Agreement shall in no way be construed as creating a partnership, association or any other kind of joint venture or undertaking between the parties hereto. 22. Indemnification. Company agrees to indemnify, defend and hold the City, its officers, agents, employees and assigns, harmless from any loss, damage, liability, negligence, cause of action, or claim, excluding any damage occurring to the City's real or personal property, arising from the negligent, reckless, intentional or malicious acts or omissions of his employees, agents, volunteers and assigns and from the operations of the Courses. 23. BindinR Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enfomeable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 25. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any dghts or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any dght of subrogation or action over or against any party to this Agreement. 26. Venue. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 27. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of_ ,2004. ATTEST: THE CITY OF DELRAY BEACH, By: City Clerk Jeff Pedman, Mayor Approved as toform: City Attomey BJCE, INC. By: Brahm Dubin, President (SEAL) STATE OF FLORIDA ) ) SS: COUNTY OR PALM BEACH ) The foregoing instrument was acknowledged before me this __ day of ., 2004 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a . (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Notary Public (OFFICIAL NOTARIAL SEAL) State and County Aforesaid My Commission Expires: ]0 EXHIBIT "A" The scope of the work will include but wilt not be limited to the following: Administration: Provide administrative oversight of all key operating areas such as turf management, golf professional services, food and beverage operations and facilities maintenance shall be provided to ensure that the facility is operated at a first class level for daily fee operations and consistent with levels expected of other city facilities. Supervise and direct the administration of all golf course operations, including, but not limited to, the timely operation, completion and/or provision of the following: · The collection, deposit and reporting of revenue; · The procurement of and payment authorization for materials and services; · Starter's services, marshaling services and driving range management; · Golf merchandise sales, rentals and repair, golf tournament management, junior golf programming, golf lessons and clinics programming, and the storage and repair of items related to the game of golf; · Food and beverage operation, room rental, catering and banquets, provision of meeting space; · Turf grass management, general supervision of the golf course and the preparation of grounds for daily play; and · Any incidental services in as may be directed. The Management Company shall hire, train, evaluate and fire all personnel necessary to operate and maintain the golf courses and restaurant/banquet facilities. The Management Company will have full authority over all personnel decisions and they shall be employees of the Management Company. The Management Company shall respond to customer inquiries and complaints received directly or through the City Manager's office in writing within seven (7) days of receipt. Acknowledgement of the customer inquiry or complaint is required within 48 hours of receipt. ]! Make recommendations annually for maximum fees and rates for golf, bag storage, range, locker and club rental, to include annual permit fees. It is not the City's objective to maximize rounds played. Complete annual fee and rate market analysis. Make recommendations related to operational policy. Financial: · Prepare an annual business plan which will include an operating and capital budget as well as a marketing plan for review by the City Manager in accordance with City budget submittal requirements. · Prepare a five (5) year Capital Improvement budget annually for review by the City Manager in accordance with City budget submittal requirements. · Prepare and process requisitions for procurement of supplies, materials, equipment, services and capital items in accordance with the City policies and procedure. · Prepare bid specifications for supplies, materials, equipment, services and capital items as may be required. · Maintain a petty cash fund in accordance with City policies and procedures. · Manage and maintain a computerized point of sale computer system and cash register system for both golf and restaurantJbanquet operations. · On a daily basis deposit all gross revenues in account of and to the credit of the City without regard to any adjustments that may be made. · Perform monthly inventory counts, as may be required to ensure proper accountability. · Ensure that adequate intemal control systems are in place in all areas of the operation. · Perform monthly audits of cash. Operations and Maintenance: · Provide routine janitorial (daily) and building maintenance services as required. · Provide routine preventive maintenance services as requested. · Ensure other structures, equipment and irrigation systems are maintained and repaired as needed including restaurant furniture, fixtures and equipment. · Maintain golf course and other common areas at a first class level quality of maintenance. · Develop and implement first class quality turf management programs that are sensitive to environmental conditions to ensure quality playing conditions. · Perform agronomic evaluations of the course on an as needed basis. · Operate and maintain the restaurantJbanquet operations in accordance with all federal, state, and local government laws, regulations, including health department regulations and state liquor board regulations. · Operate a full service restaurant in accordance with the terms and conditions of the alcoholic beverage license. · Maintain pro-shop inventory to ensure customer needs are met. · Keep a perpetual inventory of merchandise for resale. · Provide golf club cleaning services. · Provide pick-up and delivery services of golf clubs and bags to and from the bag drop-off area. · Provide, at the golf course, a golf handicap service. · Provide club rental services · Provide golf cart preventive maintenance and ensure carts are clean, safe and fully operational on a daily basis. Marketing and Promotions: · Develop and conduct youth programs and clinics which meet the needs of the customer. · Develop and implement golf teaching programs. · Prepare and submit an annual marketing plan for City approval as part of the annual business plan. · Promote and develop a wide variety of events and programs, including junior golf, charity events, and programs for underprivileged youth. 13 · Develop advertising and promotional materials for both golf and restaurant/banquet operations. Other: · Provide monthly reports to include, but not limited to, financial information, utilization rate, maintenance highlights, program data, and marketing/promotional initiatives in a format as may be prescribed by the City. · Ensure security and protection of all assets, including City funds. · Provide response and backup response to answer alarms during all hours of the day. · Make recommendations and assist the City in planning and implementing capital improvements. · Conduct all operations and activities to comply with safety regulations and standards. · Ensure compliance with all environmental and natural resources laws, regulations and permits. ]4 RECEIVED ~P 1 ~ 200~ CITY MANAGE~ MYDELRA YBEA CH. COM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager FROM: ~"~bert A. Barcinski, Assistant City Manager SUBJECT: Performance Measures FY ~005 - Golf Courses and Tennis Facilities DATE: September 1+, ~oo'~ I have received as part of their RFP submittal proposed performance measures for FY 2005 for the golf courses and tennis facilities from JCD Sports Group, Inc. I have not had time to review them but intend to have a recommendation to you in time to place them on the October 5th City Commission agenda for consideration. RAB/tas Cc: Brahm Dubin File:u:sweeney/asmemos Doc:Memo to DTH re Performance Measures FY 2005 MEMORANDUM TO; BOB BAJtCINSKI FROM: C1NI)Y SUBJECT: p I~ RI.~O R.M.A.N C I.;' MI~SU Rbk¢; DATE: 9/14/2004 CC: BRAHM JCD Sports Groap is requesting that you submk the PerCommnce l~tsuz-~ for Dekay Beach Golf Club, L.akeview Golf Club and the ',tennis Fa¢ilit{es to the Commission along with r.b.c maximum rates and conteacts for BJCE, Inc. and Dubin & Associates, Inc. on Septembrx 21, 2004. l.ast yemt the Comnfission was disappointed in the timing o~' Performance Measures and lCD Sports Group feels the appropriatc time for approval would he wir. l~ the contracts mM n~a.xi, mum Pleurae feel ftcc to adl mc if you havc any questions. rlTY OF DELRI:IY BEI:IrH CiTY ATTORNEY'S OFFICE 200 Nw 1st AVENUE-DEL~AV,EAC", FLOR,DA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/245-?091 ~b~dca City ~ DATE: September 15, 2004 TO: City Commission David Harden, City~M_~Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Management Aqreement for Tennis Center and Delray Swim and Tennis Club with Dubin and Associates, Inc. The attached management agreement, between the City and Dubin and Associates, Inc., provides for the management of the Municipal Tennis Center and the Delray Swim and Tennis Club. This agreement is for a term of 4 years, however, either party may terminate this agreement, with or without cause, upon 90 days written notice to the other party. Under the terms of the agreement Dubin and Associates may be entitled to a performance bonus if they accomplish certain specific goals. There is also a provision in the agreement that provides that Dubin and Associates shall be able to staff both sites, in order to provide food and shelter, at both sites in the event of a natural disaster. Please place this item on the September 21, 2004, City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk Bob Barcinski, Asst. City Manager DELRAY BEACH MUNICIPAL TENNIS CENTER AND DELRAY SWIM AND TENNIS CLUB MANAGEMENT AGREEMENT OCTOBER 1,2004 TABLE OF CONTENTS Incorporation of Recitals 3 Agreement to Perform Work 3 Services 3 Term of Agreement 3 Termination 3 Payment 4 Reimburseables 4 Availability of Company and Employees 4 Performance Bonus 5 Licensed or Registered Personnel 5 Designated Representative 5 Performance 5 Public Records Law 6 Insurance 6 Tax Exempt Status 6 Purchase 7 Alcoholic Beverage License 7 Successors and Assigns 7 Destruction of Facilities 8 Notices 8 Independent Contractor 8 Indemnification 9 Binding Effect 9 Amendments 9 Third Parties 9 Venue 9 Entire Agreement 9 Exhibit "A" 11 DELRAY BEACH MUNICIPAL TENNIS CENTER AND DELRAY SWIM AND TENNIS CLUB MANAGEMENT AGREEMENT THIS AGREEMENT ("The Agreement") is made this __ day of ., 2004 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), and DUBIN & ASSOCIATES, INC. (hereinafter called "Company"). WITNESSETH: WHEREAS, the Company responded to a Request for Proposals (RFP) for the management of the Delray Beach Municipal Tennis Center ("Original Site") and the Delray Swim and Tennis Club ("Additional Site"), together referred to as "Sites"; and WHEREAS, the terms of the RFP shall be incorporated into this management agreement; and WHEREAS, the City has determined it is in the public interest to enter into this management agreement with Company. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and the recitals ara hereby incorporated as if fully set forth in this Agreement. 2. A.qreement to Perform Work. City agrees to retain Company to render certain professional services (hereinafter the "Services") and to pay for the performance of such work on and under the conditions which are set forth in this Agreement, and Company agrees to perform such Services to the reasonable satisfaction of the City and to accept full payment as is set forth in this Agreement. 3. Services. The services shall generally consist of those services more particularly set forth in exhibit "A" which is attached hereto and incorporated as if fully set forth herein. 4. Term of ARreement. This agreement will commence on October 1, 2004 and terminate on September 30, 2008. This agreement may be renewed for another 4 year term, upon the sole discretion of the City. 5. Termination. This agreement may be terminated by Company with or without cause by giving the City ninety (90) days written notice in advance of the date of 3 termination. Upon termination of this Agreement, the City shall remit, after review and approval of all receipts and itemizations, any outstanding reimburseables incurred by Company prior to termination of the agreement. This Agreement may be terminated by the City with or without cause by giving the Company ninety (90) days written notice in advance of the date of termination. 6. Payment. The City shall pay Company for the performance of work at a base monthly rate payable at the first of the month in the following amounts: October 1,2004 to September 30, 2005 - $3,666.67 per month October 1,2005 to September 30, 2006 - $3,750.00 per month October 1,2006 to September 30, 2007 - $3,833.33 per month October 1,2007 to September 30, 2008 - $3,916.67 per month 7. Reimburseables. The City shall accept and pay the actual cost of reimburseables as follows: (a) Payroll costs for Company's employees who are working full-time or part-time at the Original and Additional Sites. The payment of such payroll costs is subject to the City Manager's, or his designee's prior approval, and only such approved costs shall be paid; (b) All insurance premiums as required under paragraph 14 of this agreement; (c) Pre-approved travel expenses; (d) Mileage at the current City rate per mile; (e) Telephone, mail, facsimile and pre-approved miscellaneous out-of- pocket expenses. Company shall itemize all expenses and submit receipts to show proof thereof. Such expenses shall be billed by Company at cost on a monthly basis. 8. Availability of Company and Employees. During the term of this Agreement, Company and its employees, and/or its representative shall be available to perform the services as may be required to accomplish the services in the manner required by this Agreement. Company and its employees, and/or its representative shall be available for consultation during the hours normally worked by City's employees unless otherwise agreed between City and Company, and in special circumstances. Company and its employees, and/or its representative shall also be available to City during evening meeting hours and other reasonable times when 4 required by City. Company and its employees shall also be available to fully staff the sites at the times requested by the City, which the City determines in its sole and absolute discretion is advantageous to the City due to emergencies, disasters or any other reason required by the City in order to assist the officers, agents, employees, residents and others as determined by the City. Such assistance could include, but is not limited to, providing food and shelter to City employees and others as the City determines in its sole and absolute discretion is appropriate at the dates and times specified by the City, in its sole discretion. 9. Performance Bonus. In addition to the base payment provided for in this Agreement, Company shall be eligible to receive a yearly fixed bonus payment on or before December 1st of each year. The performance bonus payment shall be contingent upon accomplishing specific yearly goals and objectives as agreed to by Company and the City Manager in writing and approved by the City Commission. The proposed performance measure must be submitted by the Company to the City Manager for review on a yearly basis by August 31st of the year preceding the year in which the bonus is to be paid. In any event, the standard aggregate bonus paid to Company in any one year shall not exceed 15% of the base fee provided for managing the Courses. In no event will the yearly fixed bonus be based on net profits or a combination of gross revenue and expense targets. Company shall also submit a marketing business plan on a yearly basis, by August 31st of the year preceding the year in which the plan pertains to, to the City Manager for his review and approval by the City Commission. 10. Licensed or ReRistered Personnel. All services to be rendered by Company under this Agreement, which are required by law to be performed by or under the direction of a duly licensed or registered professional, shall be rendered in compliance with such requirements. 11. Designated Representative. All of Company's recommendations, reports and certifications are to be routed through the City Manager or his designee. Company shall designate Brahm Dubin as its representative for this Agreement. 12. Performance. During the term of this Agreement, Company shall, to the best of its ability, design, inform, suggest, advise and render all services that might be requested by City or which may be appropriate in respect to the Services on a timely basis, as required by City to meet project timetable needs. City shall have the right to make use of same in its business at any time as it may desire without further payment to Company, other than that specifically stated herein. All reports and other documents furnished by Company in the course of or as a result of performing the Services shall be the property of City and may be used by City for any purpose whatsoever. 13. Public Records Law. Company shall be required to comply with the Florida public records law to the extent that it may be required to comply with such law. 14. Insurance. Company shall provide the City with insurance certificates which coverage shall be maintained throughout the term of this Agreement showing the following minimum insurance coverage: Crime and Employee Dishonesty Insurance: Minimum limits of $500,000 per occurrence. Workers Compensation: Coverage with Statutory Limits for coverage "A" and limits of a minimum of $1,000,000 for Employers Liability. General Liability Insurance: Minimum limit of $1,000,000 per occurrence and $2,000,000 in the aggregate annually, providing coverage for Premises and Operations, Products and Completed Operations, Fire Legal Liability, and Personal and Advertising Injury Liability. Automobile Liability: For any owned or non-owned vehicles, with minimum limits of $1,000,000 per occurrence. Pollution Liability: Minimum limit of $1,000,000 must be maintained. All insurance policies must be obtained through insurance companies that are authorized to transact business in the State of Florida by the Department of Financial Services, and they must carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. 15. Tax Exempt Status. It is recognized by Company that the City's Municipal Tennis Center has been financed with proceeds of tax exempt debt and may be re-financed from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt status of the debt issued to finance the same. This Agreement shall automatically 6 terminate, without any required notice by the City, if any payment required to be made under the provisions of the Agreement with the City would, together with any other private use payments made or required to be made by any other entity(les) or person(s) for the use of the tennis center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation (herein "negative tax consequences") of the City issued to finance or refinance the tennis center or any part thereof. Such a termination shall not constitute a default on the part of either party to this Agreement. Upon such termination, it is the intent of the parties hereto to enter into a new agreement which would contain different or modified payment terms and/or amounts acceptable to both of the parties hereto, and which, in the opinion of the City's bond counsel, would not have negative tax consequences. 16. Purchase. All purchases of equipment or supplies for the operation of the Original and Additional Sites shall be made by the City's Purchasing Department. 17. Alcoholic BeveraRe License. The parties agree that City will pay all costs, fees and expenses associated with maintaining the alcoholic beverage licenses. At the time of the termination of the Management Agreement, Company shall transfer the alcoholic beverage license to the City. The cost for the transfer of the alcoholic beverage license shall be paid for by City. City will be responsible for the remittance of sales taxes on a monthly basis to the State of Florida, including all late fees and penalties, which the State of Florida may assess with respect to the alcoholic beverage license. Company shall ensure that all federal, state and local laws relating to the use of the alcoholic beverage license are complied with. 18. Successors and Assi~lns. Company shall not assign or transfer its interest in this Agreement without the prior written consent of City, which may be withheld for no reason or any reason the City, in its sole discretion, believes is in its best interests. The foregoing notwithstanding, this Agreement shall be binding upon and inure to the benefit of each party's successors and assigns. 19. Destruction of Facilities; Force Maieure. In the event the facilities, located at the sites, or major part thereof, shall be destroyed or substantially damaged by fire or any other cause, or if any other casualty or any unforeseen occurrence, as determined by the City, then this Agreement may be terminated immediately by the City, in its sole discretion. The City in its sole discretion may determine that it will not rebuild or repair the facilities. In the event that a weather related emergency or natural disaster or other emergency occurs, that does not destroy the facilities, but either effects the use of the facility by the public or the City or effects other areas of the City to such an extent that the City does not desire that the sites be operated for tennis related activities, the City may immediately terminate this Agreement or continue with the Agreement thereafter at its sole discretion. The use of the facilities for other purposes will not be a breach of this Agreement. If the City decides to terminate this Agreement, Company shall submit any outstanding invoices to the City within 30 days of such termination. The City shall provide notice to Company of such termination as provided by Paragraph 20. 20. Notices. All notices required or desired to be given under this Agreement shall be in writing and delivered in person or transmitted certified mail, return receipt requested, postage prepaid addressed to the party to be noticed, and shall be deemed to have been delivered three (3) days after deposit in a post office or letter box in the above manner. To City: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 To Company: Dubin & Associates, Inc. 1300 Park of Commerce, Suite 272 Delray Beach, FL 33445 21. Independent contractor, Company, its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of the Agreement. This Agreement shall in no way be construed as creating a partnership, association or any other kind of joint venture or undertaking between the parties hereto. 22. Indemnification. Company agrees to indemnify, defend and hold the City, its officers, agents, employees and assigns, harmless from any loss, damage, liability, negligence, cause of action, or claim, excluding any damage occurring to the City's real or personal property, arising from the negligent, reckless, intentional or malicious acts or omissions of his employees, agents, volunteers and assigns and from the operations of the Original and Additional Sites. 23. BindinR Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 25. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 26. Venue. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 27. Entire A.qreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this __ day of ,2004. ATTEST: THE CITY OF DELRAY BEACH, By:. City Clerk Jeff Perlman, Mayor Approved as to form: City Attorney DUBIN & ASSOCIATES, INC. By: Brahm Dubin, President (SEAL) STATE OF FLORIDA ) ) SS: COUNTY OR PALM BEACH ) The foregoing instrument was acknowledged before me this __ day of ,2004 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Notary Public (OFFICIAL NOTARIAL SEAL) State and County Aforesaid My Commission Expires: 10 EXHIBIT "A" The scope of the work will include but will not be limited to the following: Administration: Provide administrative oversight for all key operations such as pro-shop services, court maintenance, lessons, site and building maintenance. Ensure that the facilities are operated at a first class level for municipal tennis facilities. Supervise and direct the administration of all tennis operations, including, but not limited to the following: · The collection, deposit and reporting of revenue; · The procurement of and payment authorization for materials and services; · Tennis merchandise sales, rentals and repair, tournament management, both amateur and professional, junior tennis programming, tennis lessons and clinics programming; · Court management and maintenance, general supervision of the tennis facilities and the preparation of courts for daily play; and · Any incidental services in as may be directed. The Management Company shall hire, train, evaluate and fire all personnel necessary to operate and maintain the tennis facilities. The Management Company will have full authority over all personnel decisions and they shall be employees of the Management Company. The Management Company shall respond to customer inquiries and complaints received directly or through the City Manager's office in writing within seven (7) days of receipt. Acknowledgement of receipt of the customer inquiry or complaint is required within 48 hours. The Management Company shall make recommendations annually for maximum fees and rates for tennis fees, equipment rental, racquet repair, and memberships. It is not the City's objective to maximize court times. Complete annual fee and rate market analysis. Make recommendations related to operational policy. Financial: 1] · Prepare an annual business plan which shall include an operating and capital budget as well as a marketing plan for review by the City Manager in accordance with City budget submittal requirements. · Prepare a five (5) year Capital Improvement budget annually for review by the City Manager in accordance with City budget submittal requirements. · Prepare and process requisitions for procurement of supplies, materials, equipment, services and capital items in accordance with the City policies and procedure. · Prepare bid specifications for supplies, materials, equipment, services and capital items as may be required. · Maintain a petty cash fund in accordance with City policies and procedures. · Manage and maintain a computerized point of sale computer system and cash register system for tennis operations. · On a daily basis deposit all gross revenues in account of and to the credit of the City without regard to any adjustments that may be made. · Perform monthly inventory counts, as may be required to ensure proper accountability. · Ensure that adequate internal control systems are in place in all areas of the operation. · Perform monthly audits of cash. Operations and Maintenance: · Provide routine janitorial (daily) and building maintenance services as required and provide all necessary supplies for restrooms and locker rooms. · Provide routine preventive maintenance services as requested. · Ensure other structures, equipment and irrigation systems are maintained and repaired as needed. · Maintain tennis courts and other common areas at a first class level of maintenance. · Operate and maintain the tennis facilities in accordance with all federal, state, and local government laws, regulations, including health department regulations and state liquor board regulations. · Maintain pre-shop inventory to ensure customer needs are met. · Keep a perpetual inventory of merchandise for resale. · Coordinate site landscape maintenance services with the City's Parks Maintenance Division. · Provide racquet repair service on-site. · Prepare a quarterly newsletter for members and other customers. · Provide tennis lessons to the public, meeting their skill level needs; both individual and group lessons. · Staff pre-shops at all times during hours of operation. · Balance court utilization between daily walk-on play, league play, and lessons. · Maintain the pre-shop area as a tennis shop in which racquets, balls and merchandise are kept for resale. · Replace tennis nets and wind screens as required. · Maintain courts daily in accordance with standard maintenance practices. · Be responsible for maintenance and repair of tennis court lighting and irrigation systems. · Provide assistance and services, as required, for amateur and professional tennis tournaments, as well as other events contracted by the City to be held on site and/or at the stadium. Services include, but are not limited to: · Attendance at meetings, as may be required by the City. · Install and remove seat kills. · Recruit and manage ball person program for ATP Tournament. · Install and remove protective floor covering. · Pressure clean stadium area, including seats and walkways. ]3 · Assist in court setup for tournaments. · Assist in court scheduling for tournaments. · Assist tournament promoters with special clinics. · Have a representative on site during special events and tournaments. · Open and close facilities as may be required. · Provide supplies and keep stocked restreom facilities. · Assist with issues involving stadium use during events and tournaments. · Make available practice courts, as may be required for tournaments. Marketing and Promotions: · Develop and conduct youth programs and clinics which meet the needs of the tennis customer. · Develop and implement tennis teaching programs. · Prepare and submit an annual marketing plan for City approval as part of the annual business plan. · Promote and develop a wide variety of events and programs, including junior tennis, charity events, and programs for underprivileged youth. · Develop advertising and promotional materials for tennis operations. · Offer demonstrations of aspects of the game of tennis in promotion of the tennis facilities, free of charge. Other: · Provide monthly reports to include, but not limited to, financial information, utilization rate, maintenance highlights, program data, and marketing/promotional initiatives in a format as may be prescribed by the City. · Ensure security and protection of all assets, including City funds. · Provide response and backup response to answer alarms during all hours of the day. · Make recommendations and assist the City in planning and implementing capital improvements. 14 · Conduct all operations and activities to comply with safety regulations and standards, · Ensure compliance with all environmental and natural resources laws, regulations and permits. tS ~ECEIVED ~FP ~ z~ 200~. City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager FROM: ~bert A. Barcinski, Assistant City Manager SUBJECT: Performance Measures FY CO05 - Golf Courses and Tennis Facilities DATE: September 1~, e00{ I have received as part of their RFP submittal proposed performance measures for FY 2005 for the golf courses and tennis facilities from JCD Sports Group, Inc. I have not had time to review them but intend to have a recommendation to you in time to place them on the October 5th City Commission agenda for consideration. RAB/tas Cc: Brahm Dubin Fil¢:u:sw¢¢ncy/asmcmos Doc:Memo to DTH re performance Measures FY 2005 MEMORANDUM '1'O; BOB BAI1.CIN SKI FROM; C1NI2Y I)OI.L (~' $U BJ EC'T: I~I~R. FORMANCI;' MF_.A.q U Rl~kc; DATE; 9/14/2004 CC; BRAHM I)UBIN JCl) Sports Group is requesting fl~at you submk the Performance M~asttt~ for Deka¥ Bach Golf Club, Lakeview Golf Club and the Tennis Faeillties to the Commission along with the nlaximul'n cares alacl contracts for ]3JCE, Inc. and Dubin & Assoc;.a~'¢s, ln¢- on September 21, 2004. J.ast year the Commission was disappointed in the timing of Performance M~surea and JCD Sports Group feels tho appropriate time for approval would be with the contracts and maximum Plg.~tse fed fi:tm to c;dl me if you have any questions. £1T¥ (IF DELRfl¥ BERgH ~Jl-~ril~lCi~ 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444. 561/243-7000 1993 2001 TO: David T. Harden City Manager FROM: Robert A. Barcinski Assistant City Manager DATE: September 13, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 21, 2004 PROPOSED FY 2005 MAXIMUM RATES - LAKEVIEW GOLF COURSE ACTION City Commission is requested to approve proposed maximum rates for FY 2005 for the Delray Beach Lakeview Golf Course. BACKGROUND Attached is the proposed maximum rate schedule for the Lakeview Golf Course along ~vith a rate comparison for other like golf courses. Rate increases proposed average between 3.2% and 7.1% for a pull cart. Fees proposed are in line with other comparable courses. This course is price sensitive and I concur with the recommendations. RECOMMENDATION Staff recommends consideration of approval of proposed maximum rates for FY 2005 for the Delray Beach Lakeview Golf Course. RAB/tas File. u.'sweeney/agenda Doc:2005 rates lakeview golf course meeting THE EFFORT ALWAYS MATTERS Or,~-'' South Palm Beach - Area Golf Courses Prices/Rates 2003-2004 Lakeview Boca Executive Sherwood Red Reef Park** Ride 18 Holes 12/21/03 - 4/11/04 Resident $27.00 $25.50 $26.00 $25.50 Non-Resident $29.00 $27.50 $26.00 $27.50 4/12/04 - 11/14/04 Resident $13.00 $17.00 $15.00 $17.00 Non-Resident $14.00 $22.00 $15.00 $22.00 Walk 18 Holes 12/21/03 - 4/11/04 Resident $17.00 $16.00 no walk $16.00 Non-Resident $19.00 $18.00 no walk $18.00 4/12/04 - 11/14/04 Resident $I0.00 $10.50 no walk $10.50 Non-Resident $11.00 $14.00 no walk $14.00 All rotes include sales tax. **Marina Lakes is no longer a comparable course, as it is no longer an executive len~m.h course** rlT¥ 13F I EUlR9 BERTH All-/~ga[li~/ 100 N.W~ 1st A¥£NUE DELRA¥ B[ACH, FLORIOA 33444 - 561[243-?000 1993 2001 TO: David T. Harden City Manager FROM: oa~ Robert A. Barcinski Assistant City Manager DATE: September 13, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 21~ 2004 PROPOSED FY 2005 MAXIMUM RATES - MUNICIPAL GOLF COURSE A C TION City Commission is requested to approve proposed maximum rates for FY 2005 for the Delray Beach Municipal Golf Course. BACKGROUND Attached is the proposed maximum rate schedule for the municipal course along with a rate comparison with other municipal courses. Increases in rates are proposed for prepaid green fees, cart fees, daily greens fees, range balls, and charity cards. Rate increases for prepaid fees are proposed to increase for residents and decrease for non-residents. Other golf rate increases range from -3.4% to 10% and are based on market conditions. Golf fees, except for prepaid green fees, are in line with other golf courses. RECOMMENDATION Staff recommends consideration approval of proposed maximum rates for FY 2005 for the Municipal Golf Course. RAB/tas File:u:sweeney/agenda Doc,'2005 rates municipal golf course meeting THE EFFORT ALWAYS MATTERS GOLF COURSE SURVEY MUNICIPAL GOLF COURSES 2003-2004 ( ALL RATES ARE BEFORE TAX ) BOCA BOYNTON WEST PALM NORTH PALM PALM BEACH DELRAY LAKEWORTH MUNICIPAL MUNICIPAL BEACH BEACH GARDENS BEACH PERMIT ~ I 3INGLE RES 750 600 922 1107 900 1055 650 ;INGLE NON RES 1154 N/A 1186 ~ 1818 1100 2055 1000 FAMILY RES 1230 N/A N/A 1820 1475 1650 N/A FAMILY NON RES 1822 N/A N/A 3040 1775 2600 ! N/A RANGE BALLS 4.72 3.77 5.66 5.66 4.72 5.19 N/A PULL CARTS 3.30 1.89 3.77 I N/A 3.30 3.54 3.30 BAG STORAGE 75.47 94.34 74.53 94.34 N/A 80.00 47.17 CHARITY CARD 20.75 N/A 19.81 24.32 ($5.00) 22.17 17.92 CAPITAL FUND 1.50 1.00 N/A N/A N/A 1.75 ~ 1.00 COMBINED GREEN AND CART FEE JAN-MAR ~ RES 39.62 46.23 46.23 41.51 34.91 36.79 41.51 NON RES 50.94 46.23 46.23 63.21 41.51 49.06 41,51 NOV,DEC&APRIL ! i RES 39.62 46.~3 46.23 41.51 34.91 33,96 41,51 ',ION RES 50.94 46.23 46.23 63.21 41.51 39.62 41.51 VIAY - OCT F~ES 25.94 26.22 38.68 i 28.30 i 24.53 20.75 23.58 NON RES 32.08 26.22 38.68 28,30 29.25 23.58 23.58 WALKING FEE JAN-MARCH RES 21.00 15.09 23.58 4.72 14.15 11.32 32.08 NON RES 25.00 15.09 23.58 2.83 15.09 25.47 32.08 NOV,DEC&APRIL RES 21.00 ! 15.09 23.58 4.72 14.15 9.43 32.08 NON RES ~l 25.00 15.09 ! 23.58 ~ 2.83 15.19 13.21 32.08 MAY - OCT RES 12.50 11.32 15,09 4.72 14.15 9,43 14.15 NON RES I 15.09 I 11.32 15.09 2.83 15.19 11.32 14.15 Goff & Tennis Management, Development & Consultation A Division of Dubin & Associates MiE M ORA ND U M TO: Bob Barcinski FROM: Brahm Dubin DATE: September 16, 2004 RE: l~laximum Rate Justification - Delray Beach Golf Club Our overall philosophy is to give all City of Delray Beach Residents discounts on golf fees in Prime Time and at various other times throughout the year based on market conditions. Our proposed rates for 2004-2005 are based on market conditions, history of rounds and an attempt to generate more Non Resident Rounds on an annual basis in order to increase the dollar round average. In the period November 13, 2004 - December 17, 2004 City Residents receive a discount in Prime Time of approximately 10% fi.om Palm Beach County Residents and approximately 19% fi.om Non Residents. In the period December 18, 2004 - April 10, 2005 City Residents receive a discount in Prime Time of approximately 13% fi.om Palm Beach County Residents and approximately 13 % fi.om Non Residents. Statistically, for the year ended September 2002 and September 2003 we did only 7.4% and 7.1% respectively in Non Resident Rounds in Prime Time. (See attached) As of August 31, 2004 we did only 3.9% in Non Resident Rounds. (See attached) Please refer to the attached Golf Course Survey which reflects that our City Resident Rates are in line with other Municipal Golf Courses in Palm Beach County. In addition, please note that our County Rates and Non Resident Rates are on the high side of our competition. In summary, we anticipate that more competitive County and Non Resident rates will increase our overall round average on an annual basis thereby improving our overall bottom line. 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 DELRAY BEACH GOLF CLUB SEP 2003 I DELRAY BEACH GOLF CLUB T Sep-03 Sep-02 Sep-03 Sep-02 THIS YEAR LAST YEAR NUMBER OF ROUNDS THIS MONTH LAST YEAR TO DATE TO DATE t8 HOLE PERMIT 405 1332 1501~ 23872 18 HOLE RESIDENT 258 754 9062 13877 18 HOLE COUNTY RESIDENT 132 643 2879 6142 18 HOLE NON RESIDENT 66 194 ~4026 ~ HOLE PERMIT 20 63 816 145,~ 9 HOLE RESIDENT 7 49 330 493 9 HOLE NON RESIDENT 0 37 47 338 9 HOLE PERMIT WALK 50 131 2403 3117 9 HOLE RESIDENT WALK 39 449 3111 5168 9 HOLE COUNTY RESIDENT WALK 6 17 163 391 9 HOLE NON RESIDENT WALK 0 3 26 454 18 HOLE CHARITY CARD 19E' 594 1075 3676 MONDAY SPECIAL C 0 0 1121 COUPON (~ 0 ¢ 605 CART FEE 41 141 157~ 1504 SPECIAL AFTER 12:00 RATE 331 0 6455 2351 SPECIAL AFTER 4:00 RATE 135 273 3459 1247 EARLY BIRD 0 0 1258 0 ~,DVANCED TEE TIME 0 0 0 63 $2.00 JUNIOR 20 237 984 217? SKINS GAME 44 151 1311 1028 LEAGUE 18 497 313 4572 GOLF/BOX LUNCH 0 481 490 1828 NINE & DINE 29 117 236 700 NUMBER OF TOURNAMENTS 2; 5 14 16 TOURNAMENT ROUNDS 221 173 1460 1232 TOTAL ROUNDS 2018 6336 ~ ~ ) ~ 83605 Page 2 of 2 10/17/2003, 1:34 PM DELRAY BEACH GOLF CLUB AUG 04 DELRAY BEACH GOLF CLUB Course closed; last year as of 516/03 Aug-04 Audi-03 Aug-04 Au~-03 YEAR TO NUMBER OF ROUNDS MONTH MONTH YEAR TO DATE DATE 18 HOLE PERMIT 961 0 16339 14611 18 HOLE RESIDENT 5 0 11081 8604 18 HOLE COUNTY RESIDENT 932 0 7221 2747 18 HOLE NON RESIDENT 0 0 ~ 3960 9 HOLE PERMIT 86 0 1028 796 9 HOLE RESIDENT 121 0 3311 323 9 HOLE NON RESIDENT 145 0 2383 47 9 HOLE PERMIT WALK 101 0 2360 2353 9 HOLE RESIDENT WALK 45 0 2231 3072 9 HOLE COUNTY RESIDENT WALK 2 0 460 157 9 HOLE NON RESIDENT WALK 28 0 462 26 18 HOLE CHARITY CARD 487 0 3383 879 BEFORE 8/AFTER 2 0 0 381 0 RESIDENT 18.00 238 0 965 0 RESIDENT 20.00 29 0 773 0 RESIDENT 22.00 883 0 3005 0 TWILIGHT 0 0 1068 0 CHAMBER 22 0 74 0 CART FEE 76 0 1306 1537 GOLF/BOX LUNCH 15 0 55 0 SPECIAL AFTER 12:00 RATE 0 0 6507 6124 SPECIAL AFTER 4:00 RATE 0 0 1375 3324 EARLY BIRD 0 0 0 1258 ADVANCED TEE TIME 0 0 2 0 $2.00 JUNIOR 122 0 1183 964 SKINS GAME 210 0 2351 1267 LEAGUE 622 0 3914 295 NON RESIDENT 23.00 159 0 1193 490 NINE & DINE 72 0 572 207 NUMBER OF TOURNAMENTS 2 0 18 12 TOURNAMENT ROUNDS 186 0 1624 1239 TOTAL ROUNDS 5547 0 ~-7973~'4' '~ 54480 Page 2 of 2 9/15/2004, 11:00 AM rlT¥ DF DELRI:i¥ BERCH DELRAY BEACH AII-/~efi~Ci~ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 · 561/243-7000 1993 2001 TO: David T. Harden City Manager FROM: D~o, be~A. Bar~in~ki A~i~t~nt Gity Manager DATE: September 13, 2004 ~UBJECT: A~ENDA ~ITY ~OMMI881ON MEETIN~ SEPTEMBER 21~ 2004 PROPOSED M~IMUM RATE8 FY 2005 - TENNIS FACILITIES Action City Commission is requested to approve proposed maximum rates for the Tennis Facilities for FY 2005. Back,qround Attached are proposed maximum rate increases for Tennis Facilities for FY 2005 along with rate comparisons with other facilities. Proposed rate increases for membership range from 0% to 4.0%. Increases are also proposed for court use and light use. All rate increases proposed are based on market conditions. Recommendation Staff recommends consideration of approval of proposed maximum rates for the Tennis Facilities for FY 2005. RAB:tas File:u.'sweeney/agenda Doc: 2005 rates tennis facilities meeting ~ PrintedonFlecycledPaper THE EFFORT ALWAYS MATTERS 4119/2004 RECEIVED JUN I] 8 DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2004-2005 PROPOSED MAXIMUM MEMBERSHIP RATES ASbib i,- .... CITY MANAGER TYPE OF ANNUAL MEMBERSHIP (1011104-9130105): EXISTING PROPOSED % INCREASE RESIDENT SINGLE $ 285.00 $ 295.00 3.5% FAMILY $ 430.00 $ 445.00 3.5% JUNIOR $ 50.00 $ 50.00 0,0% HIGHLAND BEACH RESIDENT SINGLE $ 390.00 $ 405.00 3.8% FAMILY $ 545.00 $ 565.00 3.7% JUNIOR $ 75.00 $ 75.00 0.0% NON-RESIDENT SINGLE $ 495.00 $ 515,00 4,0% FAMILY $ 675.00 $ 700.00 3,7% JUNIOR $ 100.00 $ 100.00 0.0% TYPE OF SUMMER MEMBERSHIP (511105-9130105): EXISTING PROPOSED % INCREASE RESIDENT SINGLE $ 115,00 $ 120.00 4,3% FAMILY $ 180.00 $ 185.00 2,8% JUNIOR $ 35.00 $ 35.00 0.0% HIGHLAND BEACH RESIDENT SINGLE $ 150.00 $ 155.00 3.3% FAMILY $ 225,00 $ 235.00 4,4% JUNIOR $ 45.00 $ 45.00 0.0% NON-RESIDENT SINGLE $ 185.00 $ 190.00 2.7% FAMILY $ 265.00 $ 275.00 3,8% JUNIOR $ 55.00 $ 55.00 0.0% NOTE: MEMBERSHIP RATES LISTED ABOVE DO NOT INCLUDE 6% FLORIDA SALES TAX. FAMILY = HUSBAND, WIFE AND CHILDREN EITHER UNDER THE AGE OF 18 OR UNDER THE AGE OF 21 AND A'i-i'ENDING SCHOOL ON A FULL-TIME BASIS. LCB, TC RATES 03-04, Membership Rates 4/19/2004 DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2004-2005 PROPOSED MAXIMUM DAILY RATES COURT FEES - CLAY COURTS (PER PERSON) COURT TIMES: COURT TIMES: MORNING/EVENiNG AFTERNOON NOV, 1 -APRIL 30 EXISTING PROPOSED %INCREASE EXISTING PROPOSED % iNCREASE CITY RESIDENTS ADULTS $7.75 $8.00 3.2% $6.00 $6.25 4.2% JUNIORS $5.00 $5.25 5.0% $3.50 $3.75 7.1% COUNTY RESIDENTS ADULTS $9.75 $10.00 2.6% $7.50 $7.75 3.3% JUNIORS $7.00 $7.25 3.6% $4,50 $4.75 5.6% NON-RESIDENTS ADULTS $13.00 $13.50 3.8% $9.50 $10.00 5.3% JUNIORS $9,00 $9.25 2.8% $6.50 $6.75 3.8% MAY 1 - OCT. 31 EXISTING PROPOSED %INCREASE EXISTING PROPOSED % INCREASE CITY RESIDENTS ADULTS $7.25 $7.50 3.4% $5.50 $5.75 4.5% JUNIORS $3.50 $3.75 7.1% $2.50 $2.75 10.0% COUNTY RESIDENTS ADULTS $8.75 $9,00 2.9% $6.50 $6.75 3.8% JUNIORS $5.00 $5.25 5.0% $3.50 $3.75 7.1% NON-RESIDENTS ADULTS $11,25 $11.50 2.2% $8.00 $8.25 3.1% JUNIORS $7.25 $7.50 3.4% $5,00 $5.25 5.0% ALL PRICES INCLUDE 6% FLORIDA SALES TAX LCB, TC RATES 03-04, Clay Courts DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2004-2005 PROPOSED MAXIMUM DAILY RATES COURT FEES - HARD COURTS (PER PERSON) COURT TIMES: COURT TIMES: MORNING/EVENiNG AFTERNOON NOV. 1 -APRIL 30 EXISTING PROPOSED % INCREASE EXISTING PROPOSED % INCREASE CITY RESIDENTS ADULTS $5.00 $5.25 5.0% $4,00 $4.25 6.3% JUNIORS $3.00 $3.25 8.3% $2.50 $2.75 10.0% COUNTY RESIDENTS ADULTS $6.00 $6,25 4.2% $5.00 $5.25 5.0% JUNIORS $3.00 $3.25 8,3% $3.00 $3,25 8.3% NON-RESIDENTS ADULTS $7.00 $7.50 7.1% $6.00 $6.50 8.3% JUN IORS $4.00 $4.50 12.5% $3.50 $4,00 14.3% MAY 1 - OCT. 31 EXISTING PROPOSED % INCREASE EXISTING PROPOSED % INCREASE CITY RESIDENTS ADULTS $2.50 $2.75 10.0% $2.50 $2.75 10.0% JUNIORS $0.00 $0.00 0.0% $0.00 $0,00 0,0% COUNTY RESIDENTS ADULTS $4.00 $4.25 6.3% $3.50 $3.75 7,1% JUNIORS $2.00 $2.25 12.5% $2.00 $2.25 12,5% NON-RESIDENTS ADULTS $4.50 $4.75 5.6% $4.00 $4.50 12.5% JUNIORS $2.50 $3.00 20.0% $2.50 $3.00 20,0% ALL PRICES INCLUDE 6% FLORIDA SALES TAX LCB, TC RATES O4-O5, Ha~ CouAs 4/2112004 DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2004-2005 PROPOSED MAXIMUM MISCELLANEOUS RATES EXISTING PROPOSED % INCREASE LIGHTS (1 1/2 HOURS) $4.72 $5.19 10.0% LOCKER RENTAL (MONTHLY) $10.00 $10,00 0.0% LOCKER RENTAL (YEARLY) $30.00 $30.00 0.0% BALL MACHINE RENTAL (PER HOUR) $10.00 $10.00 0.0% RACQUET RENTAL $5.00 $5.00 0.0% MISCELLANEOUS RATES DO NOT iNCLUDE 6% FLORIDA SALES TAX PRIVATE LESSON RATES: EXISTING PROPOSED % INCREASE ONE-HALF HOUR: MEMBERS $31.00 $31.00 0,0% COUNTY RESIDENTS $37.00 $37.00 0.0% NON-RESIDENTS $40.00 $40.00 0.0% JUNIORS $26,00 $26.00 0.0% ONE HOUR: MEMBERS $55.00 $55.00 0.0% COUNTY RESIDENTS $62.00 $62.00 0.0% NON-RESIDENTS $72.00 $72.00 0.0% J U N I O RS $43.00 $44.00 2.3% LCB, TC RATES 04-05, Misc Rates 'Z~ [IT¥ OF DELRFI¥ BEFI[H AII-/~ericaC~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000 David T. Harden, City Manager 1993 j~ 2001 FROM: obert A. Barcinski, Assistant City Manager DATE: September 13, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 21, 2004 SPECIAL EVENT REQUEST - CELEBRATE AMERICA ACTION City Commission is requested to consider approval of a special event request "Celebrate America" sponsored by Perfect Results, Inc. to be held on October 16, 2004 from 11:00 a.m. to 7:00 p.m., and to authorize staff support for traffic control and security, trash removal and clean up assistance, barricading assistance and event signage. BACK{tROUND Attached is a permit request, event budget, site plan and additional information received from Jane Bassa-Tolliver for this event. This festival will include live entertainment, vendors and interactive learning activities. Estimated staff overtime for this event is about $2,650 and cost for signage is $250. The sponsor is a private entity; however since this is a first time event per our event policies there is no charge for City services. The Fire Department has indicated that there is no need for on-site EMS services. P~COMMENDATION Staff recommends consideration of approval of the event and staff assistance as requested with the following conditions: 1. Sponsor submits an executed Hold Harmless agreement by 10/08/04 2. Sponsor submits a copy of liability insurance certificated by 10/08/04 3. Event signage to be installed no earlier than 10/08/04 RAB/tas File:u;sweency/cvcnts Doc: Agenda Celebrate America 2004 THE EFFORT ALWAYS MATTERS City of Delray Beach Special Event Permit m~.~c,~ Application PLEASE PRINT Event Date(s):,__(~O-~LI~---'''{~ ~ ~t ~04 ~ RECEIVED EventTime(s): II;~ h~*° F,~ AU6 1 ~ 200~ Telephone Number: ~ ~- ~ ~Q- ~eliular N~mber: J ~ Address: Event Description/Purpose: Sponsor Catego~ (please check)Ci~ ~ Non-Profi~Charitable u Private~ Co-Sponsor- Non-Pmfi~Private (If Non-profit a~ach proof of 50~c(3) or (d)) Event Location (Describe area boundaries of even~location): Site plan a~ached yes / no (Site plan required for entire event site) Event budget a~ached yes L/ no (Required for all events) Se~ing or selling alcoholic beverages yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 1 Event certificate of insurance attached yes no~ (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music yes ~ no (Waiver required) ~" Requesting Police assistance yes ~/ no (traffic control/security) Will supplement with private security yes no (If yes, need plan attached) Requesting Emergency Medical assistance yes V// no Requesting barricade assistance yes /,.j no Requesting trash removal/clean up assistance yes ~ no Requesting trash boxes and liners yes [Y no Requesting stage use yes L_,..--/'~ no (If yes, check type) Large stage covered~"Large stage no cover [] Small stage [] Half small stage [] Requesbng s~gnage // yesv ,, no Type: Event sign Y" ,.~ Directional signs~_ Banner hanging ~,.,-'/ Indicate dates required II (Waiver reqUired if more than one (l) week prior to eve~). Food and beverage vendors ,~, yes v no If yes, approximate number ~' Health Department approval yes .. no Other vendors yes ~.. no Tents yes lJ no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no (If yes, type and location and copy of liability insurance required) Will the event be gated yes no (Show on-site map) Will there be fireworks or other pyrotechnics yes no (If yes, contact Fire Marshall) Will there be cooking with compressed gas yes. no (If yes, contact Fire Marshall) Will you be providing port-a-lets for the event yesv/ no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event yes no (If yes, indicate ticket prices) Is reserved parking requested yes no --V~ (If yes, indicate locations) Event Contractor/Coordinator Please print:~'~'Ne ~S~c~ Please enclose the appropriate non-refundable application fee payable to the Ci~ of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Sift Use O,~ ~ Date Received ~h~ ~ ~ Application fee received Site map Budget ~ Ce~ificate of insurance Hold Harmless agreement Securi~ plan Waiver alcoholic beverage. Railroad approval Coast Guard approval 501c(3) or (d) ce~ificate or le~er Health Depa~ment approval Fire Inspector approval Police Depa~ment approval Public Works approval Parks and Recreation approval City Commission approval CELEBRATE AMERICA! FEATURING THE ALL-AMERICA CITY OF DELRAY BEACH EVENT DATE: OCTOBER 16, 2004 OLD SCHOOL SQUARE Proposed Event Budget Revenue: No expected revenue is anticipated. This will be a free event to the public and all expenses will be paid by the sponsor, Perfect Results, Inc. FEATIIRI#G TNE AL~-AMERIGA Gx~ndi~es: G~i~s: Old School ~uare $ 2,000.00 bee JGy $ 300.00 F~cility Rental Entertainment $1,200.00 Local Entertainment $ 2,000.00 kids zone, clowns, Vorious Youth ~roups ~ounce houses, Etc. 8ands ~ 5 $ 6,500.00 Pro{ession~l groups Toilets ~ 6 $t,800.00 ~P Luncheon $ Z,500.~ 5ecuri~ $ 600.00 bign~t~ries/s~nsors (Oc~nbr~ze room or Tents/ch~irs $ 3,500.00 T- Shirts $Z,200.00 ( $3.50x 500 Audio Technicians $ 3,000.00 +T~ & screen) Equipment/sm~ll Tote ~gs $ 2,000.00 Event ~lyers $ 700.00 ~ 500 ~ 5000 glosw Event Fairs $2,000.00 Advertising/~edie $ 6,000.00 ~ 500 Print/Electronic ~isc. $ 900.00 Ci~ O{ Delray $2,000.00 ~ 2 vid~gr~phers $2,000.00 Total Bud~t ~ ~,~.~ · THE 1 ate America Festival The celebrate America Festival will feature the All-America City of Delray Beach. The event will be held at Old School Square. TIME: 12 NOON - 7 PM The tentative date for the event is ~ The festival will include live entertainment, vendors, and interactive learning activities. FREE ADMISSION The event is free to the public., For more details, contact: PERFECT RESULTS, INC. Ph: (561) 278-3577 Event / ' Celebrate America Festival Site: Old School Square Produced by: Perfect Results, Inc. Partial List of Partners MedLt City Government Churches Public / Private Schoob Chamber of Commerce Social Organizations / Cultural Organizations Professional Organizations Local Businesses HomcowneFs Associations Parks and Recreation Department Housing Developments Youth Pro~rams Visitor and Convention Bureau Promotional Publications Boy Scouts of America Girl Scouts of America Boys and Girls Club American Red Cross American Cancer Society Television Series featuring: The All-America City Of Delray Beach Produced b~. Perfect Results, Inc. Video Television Profiles to be considered: All-America City 2001 (behind the seell~ footage) Delray ~ City Government ( rate.th Mayor Perlman. ) Downtown Development Authohty Chamber of Commerce De]llty Be~blic llbra~ Dekay Beach Police Depamnent Delray Beach Fire Department Atlantic High School S. D. Spady Elementm'y School Village Academy Elementary School Development Plan for NW - SW Delray Beach City Cultural Atwacfons ( Spady Museum, Morikami Musuem, Roots, Inc. Youth Automotive Program Corporate Profiles Local Business Profiles Old School Square Kick-Off Event e.~z_.~zr ! ?, _o~ Other historic sites Please Note: Each profile will range from 1 to four minutes in length. Total production length: $7 minutes A TELEVISION SERIES Produced by: Perfect Results, Inc. PROJECT: "Celebrate America ", is a television series created by Perfect Results, Inc. Each component in the series will showcase cities within the USA that demonstrate exceptional achievements and continuous growth and development. OBJECTIVE: Perfe~sults, Inc., will video tape and produce" Celebrate Amedca ". The television series is designed to emphasize and promote positive success stories in cities throughout the USA. PROFILES "Celebrate America ", will include numerous components that highlight economic development, civic pride, diversity and individual accomplishments. The series will also include profiles of city government, Chambers of Commerce, business organizations, corporations and histodc and cultural organizations. SPECIAL EVENTS I FESTNALS: ."L.C~ The kick off festival is scheduled in the City of Delray Beach, Florida on $c7-.'.c.;,-,~,~;; ~, 2_33;. Each festival is free to the public and will include live music, food, vendors and promotional and educational components. In selected cities, Perfect Results will present special screenings of the "Celebrate America "television series. DISTRIBUTIQN: Distribution of the" Celebrate Amedca ", television eedes will include: · Public Broadcast Stations · Cable Outlets · Network Broadcast Affiliates in and around the U.S.A and the Caribbean Basin. [ITY OF DELRrI¥ BEfl[H CITY ATTORNEY'S OFFICE 200 Nw .t ^VENUE-DELR^Y.E^C.. FLO.,D^ 33.44 TELEPHONE 561/243-7090 o FACSIMILE 561/278-4755 ,D~LRoA~' B~A~H, Writer's Direct Line: 561/243-7091 Ag. Amedca City DATE: September 14, 2004 TO: City Commission David Harden, Ci?~Manag~r FROM: Brian Sh/u~,' A~ty Attorney SUBJECT: Interlocal Aqreement Reqarding Funding of Landscaping Improvements for NE 3ra Avenue with the CRA The City will be pedorming landscaping and irrigation improvements for certain N.E. 3rd Avenue drainage areas as well as removing certain Australian pine trees. The CRA has agreed to fund, in an amount not exceeding $33,000.00, such landscape and irrigation improvements. The CRA has also agreed to provide funding in an amount not to exceed $6,970.00 for the removal of certain Australian pine trees. The CRA will provide funding to the City at the time of the bid award to the contractor. Please place this item on the September 21, 2004 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk Nancy Davila, Horticulturist Randal Krejcarek, City Engineer INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING LANDSCAPING AND IRRIGATION FOR NE 3R° AVENUE DRAINAGE AREAS THIS AGREEMENT is made this day of __~, 200_ by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinai~er referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY will be performing landscaping and irrigation improvements for the beautification of the NE 3~d Avenue drainage areas, hereinafier referred to as project no. ., as well as the removal of certain Australian Pines; WHEREAS, the CRA is funding the work provided under project no. , as well as the removal of certain Australian Pines. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. Project no. relates to landscaping and irrigation improvements for the beautification of NE 3~d Avenue drainage areas and removal of certain Australian Pines. 3. The CRA shall provide payment to the CITY in an amount not to exceed $33,000.00 regarding project no. . The CRA shall also provide payment to the CITY in an amount not to exceed $ 6,970.00 for the removal of certain Australian Pines. Such payment shall be made upon the bid award to the contractor. In the event that change orders are issued for this project, the CRA, upon approval by the CRA, shall provide payment to the CITY for the change order. 4. The term of this Agreement shall commence upon execution by both parties and shall continue until either party delivers written notice to the other party of its intent to terminate this agreement or 60 days after the City receives the final invoice from the contractor or professional. If the CRA terminates this Agreement prior to its completion, it shall be entitled to a refund of any funds that were not expended by the CITY or obligated to be expended by the CITY under the terms of the contract between the CITY and the contractor. 5 This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 6. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 7. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 8. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 2 10. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney Print Name: ~.~ - - ~ / o'k__./ (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this Jo day of (name~ofofficer or agent, title of officer or agen[~, of Oe~roo~ C~o~(~ c IL,s, (name of corporation acknowledging), a ~ (stab)or place of incorporation) corporation, on behalf of the corporation. He/She is .personally known to mq or has produced (type of identification) as identification. ~ Notary~ublic - State of Florida ~,~,.. JulianaM- Steele ~. ' kb.k;~ Expires: so 05, 2008 · ,,,~ ..... ^t~tic ~onai~ co., ~c. 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA iTEM # 05 C~ - REGULAR MEETING OF SEPTEMBER 21.2004 APPOINTMENTS TO THE BOARD OF ADJUSTMENT DATE: SEPTEMBER 17, 2004 At the City Commission meeting of August 3a Mr. Harvey Starin was appo'mted as a regnlar member to the Board of Adjustment creating a vacancy for an alternate member. Mr. David Redelheim has verbally given his resignation creating a vacancy for an alternate member. Both alternate members would fulfill an unexpired term ending August 31, 2005. To qualify for appointment, a person shall be either a resident of or own property in the city, and/or own a business within the city. The following have submitted applications for consideration: John Bennett Sara Coen Sigurdur Hardester Pearl Bunny Markfield Elrod (also applying for Board of Construction Appeals and Code Enforcement) Clifton Miller (currently on Board of Construction Appeals) A check for code violations and/or municipal liens was conducted. Voter registration verification was completed and all are registered with the exception of Sara Coen. Ms. Coen has advised me she is in the process of receiving her U.S. Citizenship and then will proceed with her voter registration. Based on the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #S). Recommend appo'mtment of two (2) alternate members to the Board of Adjustment for unexpired terms ending August 31, 2005. '~ CITY BEACH %(::Sz~5¥,,v/~..7-z- I~1~ ~7'o,,-~,,J '~¢. L4 .2. HOme Ad.sS: .... ,'~- , ~ ........ :5. Ho~ ~'~: ~'~ ' F~: '.~'~ L~.~. 11, ~ITY ~L[~K Jom~ C. W. BEnNETt 137 SEABRV. v.z~. AVENUE DY. tRAY BEACM, FL 33483-7017 COMMUNITY ACTIVITIES: " Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, 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: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown UniversiW Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC ,BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community through service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF AD FLISTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. BOARD MEMBER APPLICATION 2001 Please type or print the following information: 1. Last Name:C O(Z-~ Name~;t,~/9c M, I. 2. Home Add~ess: City State Zip Code ; e-o3 ,~-~ ? ~ ,~ ~. ~e./~_~_ ~.c,~ P~-- ~.~ ~,~ 5. Legal Residence: City Sta~¢ ZiP Code 4. PrinciPal B~sinCss Address: City State ZiP Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? If so, where are you registered? 7. What Board(s) are you interested in serving? Please hst in order of preference: List all City Boards on which you are currendy serving or have previously served: (Please include dates) 9. Educational qualifications: 10. ~t my rehted professio~ certifications and hcenses whch you hol& 11. Give yo~ presen~ or most recent employer, md position: 12. Des~be e~ences, s~s or ~owled~ w~ch qu~ you to se~e on ~b boar& ~l~se atm~ a brief resume) I hereby cer~ ~at a~ ~e above satements ~e ~e, ~d I ~ee and understmd ~at my ~s~t~ent of~tefi~ fac~ - con~ed ~ ~s apphcafion may cause forfei~e upon my p~ of any appo~ent I ~y rec~ve. RECEIVED Note: ~s apphcafion ~ rem on ~e ~ ~e Ci~ Clerk's Offi~ for a period of 2 yem ~om ~e date itwas subdued. It ~ be ~e apphcanes responsi~o~at a cment apphcafion ~ on ~e. GITY GLERK Sara Co n 1203 HE 9t~ Ave. DelrayBeach, FL 33483 (561) 278-8013 saraccen~,hotmail.com Objectives and Strengths ~ am an attorney with a Master's in Trade and Banldng. and European Law, currently ~omploting an LL,M on Taxation. I ~lll be sitting for the Florida Bar on July '04. I am a Certified Country Court Mediator fluent in five lnn~mlages. My interests include urban zoning and planning, real estate and property law. I have experience in mediation and arbitration, commercial law, conflict mitigation, judicial reform, and immigration. I have also worked with the World Bank and the United Nations Group. My strengths include: · Fluent in English, Spanish, French, Italian and Portuguese (written and spoken). · Excellent writing skills, good communicator and carotid listener. · Comfortable working with diverse multicultural perspectives, and presenting alternatives for conflict resolution. · Doctoral D~ree in Common Law and Civil Code System with professional expedenec in tho U.S., Europe, Latin America and Brazil. Education St. Thomas University, Miami, Florida. Master at Law (LL.M) in Taxation, Candidate (May '05). St. Thomas University, Miami, Florida. Juris Doctor Degree. The American University, Washington DC. Master at Law (LL.M) in Internationi~l- Trade and Banking. Uinvorsit6 de la Sorbonne. Paris, France. Studies of Master in CommercialZaw and European Community. Coun of .ns ce. xbe ragu?, xbe 4ethor ds. P vate Inter Uo, l Cernfc Uo Univers~dad lberoameneana. Santo Domingo, Dominican Republic. Jun'is Doctob SumtnaCumLaude. Universitk Paris X Nanterre. Nanterre, France. Bachelor in Arts in Business Adminlslratlon. of Tourism Enterprises. Legal Experience DISTRICT COURT OF APPEAL. West Palm Beach, Florida(Aug. '04). Law Clerk for Judge Barry Stone. THE FLORIDA BAR. Cypress Creek, Florida. (6/01 - 10/02). ~ Clerk. Unlicensed Practice of Law Divisior~ · ~nducted legal research, wrote memoranda and affidavits. Practical litigation experience dvxflJng subpoenas, p~paring pleadi~gs and interrogatories, participated in depositions and interviews. INTI~R-AMERICAN DEVELOPMENT BANK. WORLD BANK GROUP. Wasbln~on DC. (6/93 ~ 5/96). Legal & Summer Intern at Budget and Evaluation Offce. Project Consultant at PrdjectAnalysis Department. Wrote internal publications regarding ex-post evalu,;~ions of judicial and social ~fo~n~:and ~ender issue projects in Latin America. Worked with judicial reform projects, alternate dispute resolution, conflict mitigation and trade barriers. ORGANIZATION OF AMERICAN STATES.. WashinL, ton DC. (10/92 - 5/93). Legal Intern. Legal Department. Performed rose,arch in the Library of Congress and wrote comparative analysis for the harmonization of regional legislation in intellectual property. SETERIE LUIGI BULGHERONI. Lake Como, Italy. (7/90 - 12/92). Legal Consultant. S~lk rnanufac~urtng corporation. Prepared and negotiated licensing agreements. Worked with copyright regiswation. Other Professional Experience YUPI INTERNET INC. (Currently YupiMSN). Miami Beach, Florida. (6/97 - 6/00). Content Editor and Business Developer. Founding teton member of companypurchased by Wne Mierosof~ Network in 2002. Responsible for content~ Dragaxl and negotiated strategic alliances. Prepared presentation for investors. CARDS FOR WOMEN. Washington DC and Delray Beach, Florida. (6/95 - 12/99). Founder and Marketing Director. Specialized in reproduction Jf artwork. ~,laeed company on the list of top I~OUS HisPanic BusineSs. Client list included Walt Disney, Coca-Cola, Exxon and )itibank. Paflieipated in White House presentation for ~ Clinton. CONSULATE OF THE DOMINICAN REPUBLIC. Paris, France. (1/88 - 5/90). Assistant to the General Consul. Handled commoreial receipts and visa documentation. Served as liaison and translator for investors and diplomats. CITY OF DELRAyirBEA.CH · Bo~D:MEMBER APPLICATION 19~3 2001 2. Ho~ Address: ' & ~ Re~dence ~ Sm~ ~p C~e "S 4~ Pdn~'B~ness Ad.ess: Ci~ State ; Zip code 5. Home ~ne: B~in~s Phone: ~ Address: C~'Phone: .F~ =c~,s~¢.c~ ~/~o~. Yo~ 6. ~e you, r~L~r~ vo~r? If so .h~e ~e you r~stere&~ 7. ~at Bo~d(s) ~e you Mter~t~ in se~bg? Please [st in o~de{ of p~efe~ce: 8. Ust ~ O~ ~o~ds oa w~ch you ~e c~renfly ~ng or have previo~]y sen,ed: ~lease include 12. D~cfibe ~p~enc~, s~ or ~owle~ ~ q~ you to s~,e on ~s ~aM: ~e a~ch a brief r~e) I h~by ~fy &at ~ ~e above smt~m~ me ~e, ~d I ~ ~d ~d~d ~at any ~s~t~ent of ~t~ fac~ c~d in ~s ~p[~fi~n m~y ~ foffd~e upon my p~ of ~y ~poin~t I may r~dve. Note: ~s a~h~on ~ rem~ on ~e ~ ~e G~ ~k's Office for a ~fiod of 2 ~s ~om ~e date kwas subdued. It ~ be ~e apphc~t's res~nsib~w to ~s~e ~t a c~e~t AUG 2003 CITY CLERK ® BOARD MEMBER APPLICATION 1993 2001 Please type or prim ~h¢ ~olJo~n S~ · 3. ~1R~dence: ~ ' ~. ~,o.,,~,,,,.~.~ 7~s ~'°,'~"~s'=~?~l~7 8. ~s~ ~ ~' Bo~ds on w~ch }~u ~ c~,~dy ~ m ha~ p~ ~: ~e ~dude ~tes) 10. ~st ~y reared pmfes~o~ c~fi~ons ~d ~c~ses ~& you hold: Il. ~vc you]~pr~}c~g ot molt,ig~ ~plo~, sm~O JUL 2 ~ 2003 sub~ned, h ~ ~ ~e spp~t's ~ ~'~t s ~t ~gon is ~ ~e. RESUMle. FOR PEARL BUNNY MARKFIF. LD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER 0'~ Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (mulfimillion dollar producer) PRESIDENT: MERRITT PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MElvIBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER S~r/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITI~,E FOR THE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a~CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b. WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOLrNCEMENTS OF THE FOLLOW lNG WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMITTEE FOR THE MILAGRO CENTER. ® BOARD MEMBER APPLICATION 1993 2001 Please type., or print, the following,, information: 2. Home. Ad~esa: , J ~ CA 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a reg/stered voter? V/~ ox If so, where are you 7. /X~hat Board(s) are ypu iq~ereste~d in serving? Pleas. list in orderlof preference: ~ 8~11 List all City .Broards on wt~h you are cuarrendy serving or have previously served;.(Pleasg, include dates) x~ 10.' List m~ [claUd professional certifications and licenses which yo~0old/ ' 11. Giv'r4°9'r 'prfsent' °r m°st recent empl°ger' and PAiti°n:~r- 12.- D~,escribe eXl~,~i~nces, sins ur lmo~Iedg~ whi,ch ~.mli~y'y'o6 to serve on this board: (Pl~mse attach a bticf resume3 Ic~r~..~ nlat ~ tla? aDo~c statcnaents.are true, and I agree and undcrsl:afid that any trfisstatcmcnt of material fact~ ' co~-smr ?~/ ~adon ~ay canse forfeiture upon my pan of any appointment I may receive. SIGb'~'~TURE DATE x~ .... This application will remain on file in the City Clerk's Office fOr~Lerjoitl~Xf[i~r[~rom the date it was s brmtted. It will be the applicant s responsibility to ensure that~?urr'l"n~"abplicaUon is on file. ITY GLERK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # o~ ~O _ REGULAR MEETING OF SEPTEMBER 21. 2004 APPOINTMENTS TO THE CODE ENFOR(~EMENT BOARD DATE: SEPTEMBER 17, 2004 Mr. Andrew Youngross has verbally given his resignation from the Code Enforcement Board due to his busy business schedule creating a vacancy for a regular member for an unexpired term ending January 14, 2006. The City Clerk's Office and Code Enforcement have not been successful in contacting Ms. Gilda Fernandez either by phone or mail. Ms. Fernandez is an alternate member with a term ending January 14, 2007. Mr. Mark Behar is an alternate member and would like to be considered for a regular member. All members of the Code Enforcement Board must be residents of the City. Appointments to both reg~flar and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted applications and would like to be considered: Carol Aharonovic Appraiser (also applying for Board of Consmaction Appeals) Mark Behar Property Management (alternate member) Pearl Markfield Elrod Realtor Bernard Federgreen Retired Director of Operations (currendy on Nuisance Abatement Board) GenT Franciosa Retired Law Enforcement Jayne King Educator Samuel Resnick Code Admm/Engineer (currently on Board of Adjustment) Stanley Watsky Insurance/Realtor A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Mayor Perlman (Seat #5) for a regaflar member and Commissioner Costin (Seat #1) for an alternate member. Recommend appointment of one (1) regular member for an unexpired term ending January 14, 2006 and one (1) alternate member for an unexpired term ending January 14, 2007. CODE ENFORCEMENT BOARD 07/04 TERM REGULAR MEMBERS OCCUPATION POSITION TELEPHONE EXPIRES FILLING 01/14/2007 Glenn Schuster Fire Chemical Layperson Work: Unexp Regular Appt 4585 A Northwest ya St. Spedalist Home: 499-0561 08/19/03 Unexp Alt 05/06/03 Deltay Beach, FL 33445 Cell: 706-0553 Reappt 01/06/04 01/14/2007 Leonard Epstien Business Owner Real Estate Work: Altappt05/06/03 3120 Northwest 15~ St. Home: 272-0330 Unexp Regular appt 07/22/03 Delray Beach, Fl 33445 Fax: 272-0329 Reappt 01/06/04 01/14/2007 David Hawke Architect Architect Work: 740-4440 UnexpAppt01/07/05 121 Heather Lane Home: 278-3414 Unexp Regula~ Appt 04/lS/03 Delray Beach, FL 31444 Fax: 921-0444 Reappt 01/06/04 01/14/2005 Beril Kruger Planner Business Person Work: 265-4983 UnexpAppt07/24/01 9 NE 16~h St. Home: 265-2019 Dekay Beach, FL 33444 Cell: 870-4701 01/14/2006 Robert Marks Construction General Contractor Work: Llnexp Alt Appt 01/07/03 371 Coral Trace Lane Home: 266-8494 Unexp Regular Appt 04/15/03 Delray Beach, FL 33445 Fax: 01/14/2006 Anthony Veltfi, Vice Chair Layperson Sub Contractor Home: 272-0252 AltApptOl/02/Ol 2915C NW 12th St. Unexp Regular Appt 02/02/01 Delray Beach, FL 33445 Reappt 01/07/03 01/14/2006 Andrew Youngross, Chair Engineer Engineer Work: 276-0274 Unexp Appt 05/21/02 636 West Drive Home: 276-4403 Reappt 01/07/03 Delray Beach, FL 33445 Fax: 272-7950 Cell: 212-2604 ALTERNATES 01/14/2007 Gilda Fernandez Property Layperson Work: 243-6800 Unexp Appt 08/19/03 1301 Southwest Tenth Ave Management Home: 276-9794 Reappt 01/06/04 #N-103 Fax: 265-4935 Dekay Beach, FL 33444 01/14/2005 Mark Behar Property Mgmt Layperson Home: 279-2335 Appt09/09/03 1700 S Ocean Blve #21 Work 254-9605 Delray Beach, FL 33483 Fax: 279-9192 Contact: Norma Smith 243-7213 S/City Clerk/Board 03/Code Enforcement Boaxd ~ CITY OF DELRAY BEACH 'III1!BOARD MEMBER APPLICATION 1993 2001 Please type or print the following informatiom 1. last Name: 2. Home Address: Cit~\ State Zip Code 3. Legal Residence~ City I State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E~Mail Ad&ess: ~ Cell Phon~ Fax: 6. Ate you a regLstered voter? If so, where are yq, u registered? 7~what, noard(~ =mu ~ter?~d ~ se~g? V~e~e ~t~n o,d¢, orvrer~en~: 8. List all City Boards on which you are currently aexving ur b,~ pre~iously serve. (Please include dates) 9. Educational qualifications: 10. List any r~ted, profession~ cettificarions and licenses which you hold: _ 11. Give yo~ present, or most rec~nt employer, and posiriom 12. Desczibe ex' efience& skills or l~noMedge which qual~y you to~J[~tve on tiffs board: (Please attach a brief resume) Ih~___,b,v~nify tha/~ the above s~emen~ ~ ~r~e, and I ag~ and un4erstand ~hat any misstatement of matedal fact~ ,,c~.~n may cause forfei~e upon my pm of any appoin~aem I may receive. SIGNATURE DATE Note: This applicadon will remain on file in the City Clerk's Office for a period of 2 years Ctom the date it was submitted. It will be the applicant's responsibility to ensure ,~[:~ ~t,,~[~fion is on file. 1 7 200/, CITY CLERK ~_A.KUI_, .Z-'~ IIJ~LECU J~ U ¥ IL; Z¶0 S. Federal Hwy., Suite 202 oynton Beach, FL 33435 ~54) 520-1469 (CELL) (561) 735-95t2 (OFFICE) ~praiSals~yahoo.corn ,US[NESS EXPERIENCE II Family Appraisal ~tate Certified Real Estate Appraiser/President) 08/04-Present 'erforms all types residential real estate appraisals, reviews, and consulting. II Family Realty, Inc. (Formally Avron Realty, Inc.) ~EALTOR Associate/ Office Manager) 1995- Present [esidential and commercial real estate sales, acquisition, development, leasing and management. .H. & A Management (Subsidiary of Avron Realty, Inc.) ~roperty and Asset Manager) 1997 - Present lanages multiple portfolios of real estate, lease held estates and other assets. Responsible for all 5pects of management, maintenance, acquisition and sale of properties and assets held. nited Appraisal Associates ~eg. Appraiser/ Residential Appraisal Department Manager) 10/02-08/04 erformed residential appraisals under a State Certified Appraiser. Manages all aspects of the ~idential appraisal department dire~ly under the supervision of the State Certified Appraiser/ resident. .USh Appraisal Service Registered Appraiser) 4/02-10/02 erformed residential appraisals under a State Certified Appraiser. .t Your Service! rocess Serving and Background Checks ;ole Proprietor 1999 - 2001 ~orked as a process server, serving and filing process. Performed background and credit checks, and ,ther legal research. .-'DUCAT:ION iaccalaureate Degree in Business and Public Management with a major in Real Estate, lorida Atlantic University ~ppraiser Post-Licensing Courses (ABIIa & ABIIb), Institute of Real Estate Studies ~ppraiser Pre-Licensing Courses (USAP, Florida Law), Appraiser Institute itle Agent Pre-Licensing Course, Palm Beach Community College .oan Origination Pre-Licensing Course, Palm Beach Community College ;alesman's Pre-licensing Course, Gold Coast School of Real Estate ;alesman's Post-Licensing Course, Gold Coast School of Real Estate "'~rON REALTY, INC. Salespersons Training Course/Internship ;~,anish River High School, Boca Raton, FL - Alumna ~,AROL.Z-~HAROIN O V 1~ (con~lnuetA) TATE LICENSES HELD ~. 47 a State Certified Real Estate Salesman's License # SL0626648 ,TRENGTHS ommunicati0n: communicates well in speaking and writing; able to act as liaison between different _=rsonality types; comfortable and effective communicating with superiors, staff and customers. ~adership: wide range of interpersonal skills to encourage and instruct others. ~: accustomed to being in positions of responsibility; self-motivated and willing to set oals and work to achieve them. ~rqanization: uses time and resources effectively; considers efficiency, planning, and accountability xtremely important. :om uter Ex ertise: experienced and proficient in Windows, Aldus, Quickbooks, Microsoft Office, Pc ,ccess, Stellveiw, Wintotal, ISC, Intemet programs, and can easily master any new system and ,rograms. 'inancial Knowledqe: experienced in the preparation of budgets and income statements. Understands .redit reports, all types of mortgages, qualification standards, costs, and financial leverage. ~_ rketin Ex ertise: Understands consumer behaviors and buying patterns, economic and /ographic patterns, market trends and business strategy. Experienced in the creation and mpiementation of marketing plans, programs and promotions. leal Estat Ex ertise: experienced in all aspects of commercial and residential real estate. Experienced n: property appraisal, management, maintenance, acquisition, development, sales and leasing. )ther: analytical problem solving skills, quick learner, solid work ethic and finds satisfaction and )leasure in achieving goals. AWARDS/HONORS £999 Young Entrepreneurs "Young Entrepreneur of the Year" t996 Realtor Association of South Palm .Beach County "Rookie of the Year" ~ealtors Educational Foundation Academic SCholarship MEMBERSHZP REALTORS Association of South Palm Beach County Boynton Beach Chamber of Commerce Delta Sigma Pi -zf 671 Rotary ~ident of Florida since 1978 Fluent in English, Spanish, and Romanian ® BOARD MEMBER APPLICATION 1993 2001 Please type or print the follow/rig information: 1. Las~ iXlam Nam M.I. 2. Home Addr~s: f '~'" A ~ At~4 Zip Code 5. Home Phone: Business Phone: E-Mail Address: _.~ Cell Phone: Fax: 6. are yo, a re~stered voter?-'~-,~'/~e' tf;o, ,vhere are you re~stera?~ 7. What Board(s) are you interested m serving? Please list in order of preference: i~. List all'~ity-Board's'of~hich you are c~rrenfly ~n%4rkave ~'ev~:~usly siMd:'&lease inclucie dates) 10. List any related professional certifications and licenses Which you hold: 11. Give your presentT~Tmost recint emptWel;'anu ~osition:~'ko ;~ 7~0~ ~.~ . ~ 12. Describe exp~erient%s, Skills or'knowledge w)~ch qualify you io s~rv~ on,~aiS bo~d: (Please attach a brief resut~ I hereby cerdfy that all the above statements are true, and I agree and understand that any misstatement of material facts contain~n ma~,..c~u~re upon my part of any appointment I maleceive/ ~,,,.. 'n,i~ appn~*4 .... ,n remain -- m. :_ .~._ '-:ty Clerk's OffiCe for a period of 2 years from the date it was s,b~tted. ~t ~ he the app~ieant's responsibmty to ensure that a HAR 2 ~ D~.~AY CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 2001 Pless¢ Fpe., or p~int, the folio~dr~ 4. ~,ap~ Bu~ess Ad'ess: 5. Home Phone: Bu~ess Phone: ~M~ Ad,ess: ~ Phone: F~: r 6. ~e you · ,egisared vo=? 9.~Uc~o~ qu~c~dons: lO. ~st my ~ted pm&ssio~ c~fi~dons ~d ~censes w~ you hold: l 1. ~C your p~sen~ or most~t ~ploy~, ~d'o~ __ ~ ~_ ' ' DA~ ' ~p~ r~ ~ ~c ~ ~'s O~cc ~r · ~ of 2 y~ ~ ~e &~ ~ ~s sub.ned, h ~ be &c spp~t's ~b~F ~ ~ ~t s ~t sppff~gon h on ~e, 06/10.*~ ~E 1~:09 F.a,~- 56L 243 3771 C~q~ CI~ '. ' ~ CITY OF DEL,RAY BEACH BOARD MEMBER APPL,ICATION 3. ~ l~,~dcnc= Cie/ .~a~ ~ C~ / ' RECEIVED JUN !-I 2003 t"~ I'r'v t"~l '~ CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 ~ ,.m,,:.,,,~ ~'lk/~ 4. P~/nd~ Business Address: / 5. l-'lomePhonc:~. Busi~¢ssPhon~J~_. F-~-M~ilAddress: --,, C~Phon~: ' Fsx: 7. ~ ( ~ you ~s :dlh ~oo -Zoo B · ~ : . ~ 7 ~ · 2001 Z ~omc~d~s: 4. P~d~u~css Ad&ess: S~ 8. ~st ~ ~' Bo~ds on ~'~ch ~u ~ ~, ~ or have p,=~;ou~ ~: ~sc ~dudc ~tes) 10. ~st ~y rehtcd pmf~sdo~ c~fi~s ~d ~c~es ~& you hdd: sia~ JUL 2 uz/xo/zuua x/:xx r~ ~00~/00Z RESUME. FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (mulfimillion dollar producer) PRESIDENT: MERRITr PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER S¥//NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMM1TT~,E FOR THE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a_CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELKAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF THE FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMITTEE FOR THE MILAGRO CENTER. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1. Last Name: Name M.I. 2. Home Address: City S~mtte Zip Code 3. Legal Residence: City I Slate Zip Code 4. Principal Business Address: ' ' City State Zip Code 5. Home Phbne: Business Phone: E-Mai[ Address: " Cell Phone: Fax: 6. Are you a registered voter? . Ff so, where {i~'~ou registered? q~_. - 7..What .Boatfl (S) are you interested in sex-viag? Please list in o~der df preference: _ ---- . -- 8. List all Ci~ Boa~. on which you am currently serving dr ha~e previously served; (Please include dates) 9, EdUCational qualifications: ' 1'I. Give your present, or mosl re¢~nt employer, and position: ' ' 12. Descfil~e expetien~:es, slalls ot knowle[lge which qualify you to Serve on this boanl: (Please attach a brief resume) I hereby cetaif~ that ~ the abovl statements ate tree, and I agree ~a~ d; ~ndetstand that any misstatement of material facts" contained in dais applmation may cause forfeiture upon my part offer appointment I may receive. SIGN . d'3 / DATE ~bmi~d. It ~ hc fie appli¢~f~ r~po~ibility to ms.re that a cu~ent ~ppli¢~fio~ Samuel Resnick 2835 SW 13th Street Defray Beach, Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated fi.om City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. :' ~ c) Certified as Chief Building Official by State of Counecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee fi.om 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction Panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction fi.om 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-En~neer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (exceot for two years in U.S. Navy and three ~s in enginering school) worked for various architectural and en~neeria~ firm.q, CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 .2001 ]~]ease ~ or print the foHow~ inf~rm~on: ,~v' ~~/ ~-~. ~ Home Ad'ess: / S~te 4. P~dpfl Bu~ess Ad'ess: ~ Sm~ ~p ~e 5. Home Phone: Bu~ess Phone: E-~ ~ess: ~ Phone: 6. ~e you a ~e~ed voter? ~ff~ Ifso, wh~ ~ ~u ~st~? 11. GNe your p~sen~ or most ~ec~L~ploy~, ~d ,/ SIGNAl. / - ') JUN 3 0 2003 ~' - -' '-'~ GITY GLERK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t/~J[ SUBJECT: AGENDA ITEM # c~ (~ _ REGULAR MEETING OF SEPTEMBER 21, 2004 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: SEPTEMBER 17, 2004 The term for Chris Ryan expired on August 31, 2004. Mr. Ryan has fulfilled two full terms and is not eligible for reappointment. The term would be for two years ending August 31, 2006. At the City Commission meeting of August 3fa, Mr. Reginald Cox and Ms. Lesley Dentch were appointed to other Boards creating vacancies for an unexpired term ending August 31, 2005. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. A person need not own/operate a business in Delray Beach. Membership is composed of the following: An air-conditioning contractor, an architect, two general contractors, a master electrician, a professional engineer, a master plumber, a realtor or insurance agent, and a sign contractor. Attached is a listing of the current Board members and their occupations. The following applicants would like to be considered for appointment. Please see Exhibit A A check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered with the exception of Anthony Spirelli. Mr. Spirelli has recently completed the Voter's registration form and mailed it for processing. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat #3) for a two year term, and Mayor Perlman (Seat #5) and Commissioner Costin (Seat #1) for an unexpired term ending August 31, 2005. Recommend appointment of one (1) member to the Board of Construction Appeals for a two year term ending August 31, 2006 and two (2) members for unexpired terms ending August 31, 2005. BOARD OF CONSTRUCTION APPEALS EXHIBIT A A/C Contractor Architect Jose Aguila General Contractor Patricia Neyra Electrician Engineer Plumber Anthony Spirelli Real Estate/Insurance Agent Pearl Bunny Markfield Elrod (also applying for Board of Adjustment and Code Enforcement) Sign Contractor Miscellaneous Carol Aharonovic (Appraiser) (also applying for Code Enforcement) Jeremy Office (Financial Advisor) (also applying for P & Z) Norman Rosenblatt (Environmental Supervisor) Patficia Westall (Consultant) UL-15-~0~4 ~8:19 FROM:CL~IE SOWARDS AGUIL 561-R4]-8184 TO:~4i~drr4 ~3~ CITY OF DEL~Y BEACH 1993 20Ol Smt~ ~ Code 3. ~ R~de~: ~ I State ~p Code If ~, wh~e ~c you ~ __ 10, ~ ~y ~ted ptof~onM c~ca~s ~d ~m ~ieh ~u ho~: 1 hexeby cextify that all flxe above sw t~-nts ~xe ~ md I ~ and ~d~d ~t ~y ~s~g~t of ~at~ JUL 1 5 2004 CITY CLERK JOSI~ N. AGUIL.A, A.I.A., NCARB AR 0015349 Home Office 800 SW First Court 134 NE 1st Avenue Boynton Beach, Florida 33426 Delray Beach, Florida 33~.~.~. (561) 737-8894 (561) 276-4951 QUAUFICATIONS Registered architect with over twenty years of architectural and construction related experience ranging from residential to large scale commercial and governmental projects, with proven abilities in production, project management and construction administration in both public and private sector. EDUCATION Bachelor of Architecture Florida A&M University, 1988 Bachelor of Science in Architectural Studies Florida A&M University, 1981 CERTIFICATIONS Florida Registered Architect MEMBERSHIPS Member American Institute of Architects National Council of Architectural Registration Boards WORK June '99 - Present Project Manager/Architect, Robert G. Curie EXPERIENCE Partnership, Inc. March '98 - June '99, Senior Construction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, CitY of Delray Beach. March '83 -.SePtember '93 Curie Schneider Associates AIA, PA. Delray Beach, Florida. Associate, Project Manager. PAST BOARD BoYnton Beach Building .BOard of AdjuStment and Appea s MEMBERSHIP Boynton Beach Planning and Zoning Board B0ynton Beach Downtown Review Board Boynton Beach City Commissioner/Vice Mayor Boynton Beach Community RedevelOpment Agency Palm Beach County Municipal League Treasure Coast Regional Planning Council Boynton Beach Planning and Development Board BOARD MEMBER APPLICATION 1993 2001 Please ~e or print ~e fo~o~ ~fo~fion: 1. ~t Name: ~ ~ L 2. Home Ad&ess:~_ State Zip 3. ~ R~d~ce Ci~ ~ Sm~ Zip Code 4. ~d~ Bus,ess ASSess: Ci~ S~te Zip Code S. Home Phone: Business Phone: ~M~ Address: ,~ Ce~ Phone F~: 6. ~e you a r~ted vo~? ~fso, whe[e ~c ~u r~tered? ~% ~¢o~d~ ~u bte~ ~ s~g? ~se ~st in order of prefer~ce: 8. ~ ~ Q~ B~ds ~ w~ you ~e c~en~ se~ or h~ pre4o~ly se~ ¢lease indude ~tes) 10. ~st any r~t~ professio~ ~ficafions ~d ~cens~ w~ch ~u hold: 11. Give yo~ p~escnh oz most r~nt employer, and position: ~~ ~ n,e on ~s ~e~e ~ch a brief res I e o~ wNch q~ you m ~ ~d: ~ h~ ~a~ ~e above sm~mm~ ~ ~e, and I ~ md ~d ~t ~y m~mmt of ma~ ~ ~~~ may ~me f~d~e ~on my pm of my ~po~ent I may recdve. SIGNA~ DA~ Note: ~s a~odon ~ rem~ on fro b ~e Ci~ Cl~k's Office for a ~ of 2 ~s ~m ~e date it was subdue. It ~ ~ ~e app~t's respomib~ m ensue ~ ~k~on is on fie. 1 7 200 CiTY CLERK ZI0 S. Federal Hwy., Suite 202 oynton Beach, FL 33435 154) 520~t469 (CELL) (561) 735-9512 (OFFICE) ~ ~praisals~yahoo.com LUSI'NESS EXPERI'ENCE II Family Appraisal ;tare Certified Real Estate Appraiser/President) 08/04-Present 'erforms all types residential real estate appraisals, reviews, and consulting. II Family Realty, Inc. (Formally Avron Realty, inc.) ~,EALTOR Associate/ Office Manager) 1995- Present [esidential and commercial real estate sales, acquisition, development, leasing and management. .H. & A Management (Subsidiary of Avron Realty, Inc.) )roperty and Asset Manager) 1997 - Present lanages multiple portfolios of real estate, lease held estates and other assets. Responsible for all spects of management, maintenance, acquisition and sale of properties and assets held. hired Appraisal Associates ~,eg. Appraiser/ Residential Appraisal Department Manager) 10/02-08/04 erformed residential appraisals under a State Certified Appraiser. Manages all aspects of the ~sidential appraisal department directly under the supervision of the State Certified Appraiser/ resident. ush Appraisal Service ~egistered Appraiser) 4/02-10/02 erformed residential appraisals under a State Certified Appraiser. t Your Servicet rocess Serving and Background Checks ole Proprietor 1999 - 2001 iorked as a process server, serving and filing process. Performed background and credit checks, and ther legal research. "DUCATXON ~accalaureate Degree in Business and Public Management with a major in Real Estate, Iorida Atlantic University ,ppraiser Post-Licensing Courses (ABIIa & ABI[Ib), ]Institute of Real Estate Studies ,ppraiser Pre-Licensing Courses (USAP, Florida Law), Appraiser Institute 1tie Agent Pre-Licensing Course, Palm Beach Community College oan Origination Pre-Licensing Course, Palm Beach Community College ;alesman's Pre-licensing Course, Gold Coast School of Real Estate ;alesman's Post-Licensing Course, Gold Coast School of Real Estate · '9.ON REALTY, INC. Salespersons Training Course/Internship ,~anish River High School, Boca Raton, FL - Alumna ~,AROL./-'IHARON OV lC (conrmuea.~ ;TATE LICENSES HELD tare Certified Residential Real Estate Appraiser License #RD4663 I~'~.s a State Certified Real Estate Salesman's License # SL0626648 ;TRENGTHS :ommunication: communicates well in speaking and writing; able to act as liaison between different ~rsonality types; comfortable and effective communicating with superiors, staff and customers. eadership: wide range of interpersonal skills to encourage and instruct others. ~esponsibilit¥: accustomed to being in positions of responsibility; self-motivated and willing to set IOals and work to achieve them. )rqanization: uses time and resources effectively; considers efficiency, planning, and accountability :xtremely important. : muter Ex ertise: experienced and proficient in Windows, Aldus, Quickbooks, Microsoft Office, Pc ~ccess, Stellveiw, Wintotal, ISC, [nternet programs, and can easily master any new system and )rograms. :inan~ experienced in the preparation of budgets and income statements. Understands :redit reports, all types of mortgages, qualification standards, costs, and financial leverage. ~larketin E_~ise: Understands consumer behaviors and buying patterns, economic and : '~ographic patterns, market trends and business strategy. Experienced in the creation and mPlementation of marketing plans, programs and promotions. Real Estate Ex ertise: experienced in all aspects of commercial and residential real estate. Experienced in: property appraisal, management, maintenance, acquisition, development, sales and leasing. Other: analytical problem solving skills, quick learner, solid work ethic and finds satisfaction and pleasure in achieving goals. AWARDS / HONO RS 1999 Young Entrepreneurs "Young Entrepreneur of the Year" 1996 Realtor Association of South Palm Beach County "Rookie of the Year" Realtors Educational Foundation Academic Scholarship M__EMBERSHTP REALTORS Association of South Palm Beach County Boynton Beach Chamber of Commerce Delta Sigma Pi - zf 67:1 Rotary pERSONAL ~ident of Florida since 1978 Fluent in English, Spanish, and Romanian ® BOARD MEMBER APPLICATION 1993 2001 Please z~pe or p~nt the fol/o~ ~ Home A~s: Sure 3. ~ Rc~dcncc: 4. ~d~u~a~ss Address: 5. Home P~,~: Bu~ess Phon~ ~ Ad.ss:--/~ ~ Phone: ' F~: 8. ~st ~ ~q' Bo~ds on w~ch ?ou ~e ~, s~ ~ have p~ou~ ~: ~se ~udc ~tes) 10. ~st ~y r~ted pmfcssio~ c~fi~ons ~d ~c~ses ~& you hold: RESUMF~ FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (mulfimillion dollar producer) PRESIDENT: MERRITr PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MEMBER PROGRESSIVE RESIDENI~ OE DELRAY (2 YEARS) MEMBER SW/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEALVIIFICATION COMMFIWEE FOR THE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a. CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b. WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING LIP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOLrNCEMENTS OF THE FOLLOW lNG WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMITTEE FOR THE MILAGRO CENTER. P lease type orpr~tthe fDlbw iqg i~fDnn atbn: 1. LastN~e: ~/~///~/~ Na~e /~7-/~,'¢/'/~ M.I~. 2. H om e Address: C' St~ Z Jp Code 3. L~R ~: C~ S~ Z ~ Code 4. P~c~Bush~Add~: C~ S~te ~p ~e 5. HomePhone: Bu~Phone: E~d~: · Ce~Pho~e: [F~: ~/~ 7. W hatBo~ ~) ~ ~u h~ h ~Bg? P~ ~h offierofpm~m: 8. L~C ~Bo~s on w h~ ~u ~ ~ ~ orh~e pmVbu~ ~: g~ ~c~de da~) . . ' ' ~ ~t;~,~' &~ ~o~t~cl°~ '- ~. g ~e ~E ~ o~ o~~, ~d ~o~ :' 12. D ~e ~e~, ~or ~ow ~ge w h~ ~u ~ ~eon ~bo~: ~a~ ab~f~ e) I he~y ~ ~at ~e ~ove ~, ~ ~ ~e, ~d I ~ ~d unde~d ~at ~y m ~ ent ofm a~ ~ S~T~R~' ',"~:~:'~' '".~. DATE ~9~LTk~_~P~ W m~.9n ~ m me.c ~ c ~ o ~ ~ra pe~d of 2 ~ ~m ~e da~ ~w ~ ~m ~.~tw robe me ~p~t~ ~~ka'~e~n ~k ~ ~U~ 0:2 200~ CI~ CLERK PATRICIA A. NEYRA ! 14 NW 7TM Street Delray Beach, Florida 33444 954-684-8805/561-272-7746 fax EXPERIENCE: EASTERN DEVELOPMENT, INC 1997- PRESENT Vice President Oversee Fort Lauderdale office operations including contract negotiations, accounting, marketing, business development, estimating, permitting & construction management functions for a general construction company with expertise in the building of national retail & restaurants in Dade, Broward & Palm Beach counties. Open & oversee temporary Orlando satellite office operations. HOLLYWOOD ECONOMIC GROWTH CORPORATON 1995- 1997 Vice President Develop & implement economic development & marketing programs that encouraged business attraction & retention, the redevelopment of underutilized properties such as the Diplomat Hotel and provide an informative database to prospective developers. Duties included working hand in hand with the Hollywood Economic Growth Corporation Board of Directors, Mayor, City Commissioners & Chamber of Commerce Board of Directors. JUNIOR LEAGUE OF GREATER FORT LAUDERDALE 1993-1997 Administrative Assistant to the Board of Directors Assist Board of Directors with the coordination of fundraising events, community programs, committee meetings, Board of Directors meet'mgs & oversee the office operations & maintenance. EDUCATION: KEY WEST HIGH SCHOOL 1997-1990 FLORIDA KEYS COMMUNITY COLLEGE 1990-1992 FLORIDA ATLANTIC UNIVERTY 1992-1994 LICENSES & ACCOMPLISHMENTS: CERTIFIED GENERAL CONTRACTOR MEMBER OF THE RETAIL GENERAL CONTRACTOR'S ASSOCIATION FLUENT IN THE SPEAKING, READING & WRITING OF SPANISH Office Jeremy 2837 Co~mo~nc Road Deiray Beach Iq. 33444 4. Principal Busincs< Address: CiW · g~te Zip Code 777 I,:. ACloRcLc Ave. Suite 400 Dclra~c.~ 5' H°mc Ph°nc: I Busincss Ph°nc: 1S-Mail Address: ]Cell l'h°nc: [ Fax: (561) 33~-2713 (561)~27~-1~41 ]Offlce3EBell~ottb.h~(5.613670-713t~ (561~ o. Arc you a rc~srcr~ voter? If so. whcrc ucc you t ) t'_~a n.o~j3 d Zonin~ ~oan~ n~ 3) Ne~borhood Advi~;orv ~. list ~1Cim ~aMs on ~hic~ you arc cun-cndy sc~'ing ~r h~vc prc~'i~usly ~cD'~: 9_ I=.duc:~donM qu:difi~'trion.~: M....~. A-Il of Florida. B S- Mimn, i Ilnl~,~'¢glry 1~3. I.i~r any rch~cd profc~sion;d ~r6ficadans and li¢cna~s which yo. hold: 5-i. (~ive your prcscn[, or most rcccnz cmph,ycr, and pos~don: 12. l)cscdl~ cxp~cnccs s~s or kno~'l~lg~: xvhkh quidi~' you ~ sclc ,m ~is Iw~ard: 0~lc~ a~ch a hficf resume) See R&~.D~ . ¥ hereby ceftin, rh;,~ ;dl thc al~,vc stat emcn:~s arc true. and 1 agrc~ ;md undcrsm~ ~hac any missnarcmenr c.ntainc~n~is ~pbcadon m;ty cause forfeiture u~m my pa~ of ;,ny ;,l~p,,inrmcnt I may receive. NogC: Tliis' appllcadOn ~qll rcm:dh ,)n file in thc Citg Clerk's Office fi,r a pe6~t of 2 years from ~hc dare irwas submitted. It ~11 bc ~c apphcant's responsibili~ to ensure that a currcnv application RECEIVED JUL 09 CITY CLERK 2837 Cormorant Rd Delray Beach, FL 33444 Telephone: (561) 330-2713 - E-Mall: officcj~bellsoullznnt Jeremy S. Office BDeveloped strong management and sales skills while creating valuable networking and inter-personal relationships. Facilitated total customer satisfaction by exhibiting versatility, dependability and a bottom-line mentality. Proven ability to adapt to new business situalious and in a short time period, performance has resulted in a path of consistantly increasing responsibilities and promotions. /~ Merrill Lynch & Company; Delray Beacll~ Florida (April 2002 - Present) Financial Advisor (Global Private Client Group) April 2002 - Present · Sea've as the Financial Advisor to over 90 households · Strong proficiencies in the arenas of Retirement Planning, Liability Management and Managed Money · Provide complimentary financial planning services to the employees of the City of Delray Beach Daleen Technologies Inc. l Boca Raton~, Florida (December 1998 - December 2001) Partner Manager (Sales Division) April 2001 - December 2001 · Responsible for managing specific parlners fi, om pre-sales to the integration conlracts ($50K-$1MM+). · Developed multiple new vertical markets for Dalean and their Partoars to enter. · Conducted sales tt'aining around the conulxy for multiple par~ers and supported their Sales centers. Lead Partner Services Manager (Partner Services Division) January 2000 - April 2001 · Team lead in managing budget, resources, contracts and statements of work. · Responsible for development of a team of three managers. · Responsible for rolling out new "Partner Maturity Model" and implementing the strategy. · Worked directly with the Direetur to create strategy, processes and documentation. · Major responsibilities were contract negotiation, contract analysis, preparing statements of work and coordinating resources to support our Integration Partners. · Responsible for over $500K of contributed revenue to our Professional Services and Tl~inlng divisions. Businass Analyst (Professional Services Division) December 1998 - January 2000 · Lead a team of Technical and Development resources in the first successful South American Implementation of the R~vChain (BillPlex) product. · 'ConcUrrently worked t~ further develop the Business Analyst Forum as the Professional Services organization tripled in size during this time. · First entry-level hire by Dalcen Technologies. Part of a tl~ce member team that created the RevChain (BillPlex) "Package" which went on to serve as the competitive differentiator in the market space. · Excellent inter-personal skills well suited for developing and sustaining long term relationships · Well-developed planning, communication and documentation skills · Proficient in Excel, PowerPoint, Project, Outlook, Access, Word, and Photoshop. Masters of Businees Administration {MBA) · Uuiversity of Florida; Galnesville, Florida; November 2002 Bachelor of Business Adminlstratinn: Finance 0iA) Minors: MIS and Pre-Law. · Miami University; Oxford, Ohio; Jane 1998. Designations: · CruCified Financial Manager (CFM) · Chartered Retirement Planning Counselor (CRPC) · Certified Financial Planner (CFP) - currently taking courses · Series 7, Series 66, Series 31, Life, Health and Variable Annuity Licenses BOARD MEMBER APPLICATION S. Home ~one: B~us ~on~ E-~ A~: ~ Ph~ F~ 11. ~ ~u~ p~k or most ~ RECEIVED NAY 0 7 2003 CITY CLERK RECEIVED JUL 2 ~! 2883 CITY CLERK ~ : F~ NO. : .~T~l ~77 1645 0~,-'08,,'0~ ~I 14:gl F~ ~1 243 37?4 CITY C~ ~002 Pl~e ~pc ~ p~c ~e fo~o~g ~ "~'~ ~"PIR~ '~~o~'~,~.~ ' 2. H~e A~s~: ~ S ~S~te ~pC~e 6. -~c yo~ a xe~t~ed voter~ ' lf~ 9h~ ate Ix ~ed ~a~ ~ CITY CLERK ~tote: ~ ~l{~.~on ~ r~ ~ ~e ~ ~e ~ ~k,s ~ce ~or n ~od of ? v~ ~on~ ~e date it --ROM : FAX I,B. : 561 477 16-45 ~qug. 17 --0884 10:83AM Pi Vantage [nduslries~ Inc. & Plumbuilt~ lnc, - Boca Rat~n~ Florida August 1998 to prcsenl Owner and manager ol'day-to-day operations lbr plumbing contmclirlg business scrvich~g Broward and Pah~ Beach Counties. Statcwide Plumbing- Boca Raton. Florida F~bruam-y 1996 to September i 998 Sim'ted u5 a .Ioun~eyl~latl plumber and w~s promoted to Foreman. In three mollths, became Field Supervisor / Pro eot Manager in charge of scheduling trod coordinating approximately 30 plumbers assigning them to their daily jobs aud pro eels. Additional duIies include: uttc~ding w~kly job site nleetiugs, ptlrchasing material t~r respective .jobs, change orde's, conducting weekly meet ng w t ~ elnployees in my charge. Listed below are a l~w. of thc pre[jeers (including rcstattran~) that I completed: Vantage Plumbing & Heating~ lac. - Mahopa¢~ New York .June 19~5 to ,lanua~ I Vantage Plumbing & Heating, hm_ was a plumbing contracting business dealing primarily with Commercial/industrial plumbing semites and installations, including glass pipe~ mechanical j0ints~ PVC, no hub, lhse seal, etc. Vantage Plumbing also handled all aspects off sewer drain services and installations. As owne~3 I had extensive experience in cstimatine new work fi'om s~cifications and/or plans, sch~uling time on_jobs I~r my workers, account~ receivable and accounts payable. Recent contracts had been with Ciba Geigy, ~XCO Chemical_ Philip Moms and General Foods (all basi~lly in the Westehester asea). I had a staff' of 3 l~'~rcmen. 6 mechanics, 3 helpers with 4 service vehicles on the road daily. Vantage P u nbiug also served a properly manager lin' a real estate company ~Br 2 of their properties, talcing care of general maintenance repair work, conWacting landscapers, snow removal crc. Dante's Pizzeria and Restau~nt - Mahopac~ New York June 1984 to Juu¢ 1985 Dante's Restaurant was o~ed and operated by my w-ifc and myscll} I found all cmply store, renovated it completely, gol thc bmsiness going and sold it at 4 times our (}rigi~ml investment. In one year's time. wc became the highest volume p~zm'/a in Mahopac. We had a dining capacity oi'60 patrons and a total smffofapproximately 15 employees. Wine Imports~ inc.- Hawthorne~ New Jersey 1979 tu 1984 As salesman I2)r Wine Impo~ts, my t~rfitory w~s primarily Westchcster County. I so,iced approximately 42 accounts, including retail liquor stores, restaurants m~d bars, Wine Imt~rm w~s eventuall5 sold m~d I left' Io open tlty own Plumher's Lo~I ~209 - Yonkers~ New York i 968 to 1979 Worked Ibr Plumber's Union, starting ~s a hell~r ~d progressed to fi)reman. During these 1 I years. I worked Ibr many plumbing complies such as Mat~ood Mechanical, Harmony Plumbing & Sprinkler, Inc., both of Yonkers, NY. Experience was mostly in commercial and industrial [EDUCATION Graduated from Saunders Trade and Technical High School in Yonkc~. New York Gr~uated ~md ce~ificd fi-om Plumbing's Union Local 209 Apprenticeship 5 year training course, consisting of practica] experience, plan reading~ safleX' coupes, managerial and purchasing courses. BOARD MEMBER APPLICATION 20~1 Please t~p¢ or print ~e £oilowi~ ~,£o~mafion: ! x Legal Residence: - ~ / City ! State Zip Code 4. Principal Business Address: City State Zip Code ~l.5' Home Phone: ~x~,~ [} ~ ] Business Phone:~ I~t~ ~l,~ ~. E-Mail Add~e.~:~ [ O_~ ~ell Phone:..~ IFax: Are you a registered voter? _ - If so, wh~e ~ you re~stere&~ 7. ~at Boast(s) are rou interested in se~ng? Pl~e ~st in order of preference: ~ · · ~ 8. ~st aH CiW Boards on w~ch you are currently se~ing or have pte~ously se~ed: ~lease include dates) 9. ~ucafionfl qualifications: 10. List any related professional certifications and licenses which you hold: 11. Giv~ your present,~or most recent emnloyer and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~[ hereby cer~fy that all the above statements are true, and I agree and understand that any misstatement of material facts cn~ed in this application may cause forfeiture upon my part of any appointment~I may rsceive. Note: te It was CITy CLERK PATRICIA T. WESTALL 1102 Seaspray Avenue Defray Beach, FL 33483 561.243.7959 Patficia_Westall~hotmail.com SUMMARY A'high energy healthcare professional with over twenty years of experience in client services, specializing in clinical consulting, marketing, sales, strategic planning and administration. Excellent problem solving abilities and group process skills. Can work with professionals and groups at any level. SKILLS CLIENT SERVICES Managed hospital accounts at executive level as point of contact, from initial delivery/installation through complete product/service delivery with consistently high customer satisfaction ratings. STRATEGIC PLANNING Directed hospital strategic planning process. Served as planning consultant to clients for defining goals and objectives, negotiating vendor contracts and refining market share strategy. MARKETING Directed marketing activities for clinical outcomes management firm and was VP of Marketing for large urban hospital COMMUNICATION Strong presentation skills refined through managing a variety of sales presentation models to large and small groups, including physicians and hospital boards. SALES Successfully sold multi year contracts for clinical / financial outcomes products and services to hospitals and health systems. EXPERIENCE June 2000- Consultant and Independent Contractor, Atlanta Georgia and Delray September 2002 Beach, Florida Hospital and Physician Practice Managed Care ConWacting GE Medical Systems Healthcare Solutions, Atlanta Georgia March 1998- Regional Director/Senior Manager, Client Services June 2000 Responsible for account management for clients in multiple states as well account renewals and additional product and consulting sales. September 1990- IAMETER, Inc., Atlanta, Georgia February 1998 Senior Manager Presented, sold and delivered clinical outcomes products/services to administration and medical staff. Directed marketing activities and ffaining of new sales, marketing and account management personnel. Participated in planning sessions as well as development of new consulting practice areas. July 1983- GEORGIA BAPTIST MEDICAL CENTER - Atlanta Georgia April 1990 Vice President, Planning and Marketing Directed planing and marketing ~anctions for this 500 bed non-university teaching facility and its affiliated organizations. Coordinated strategic planning process. Directed development of data support systems. Managed public, community and guest relations. Coordinated all physician support activities. Supervised staffin six supporting departments. June 1982 - EGLESTON CHILDREN'S HOSPITAL AT EMORY UNIVERSITY July 1983 Atlanta Georgia Strategic Planning Analyst Coordinated statistical support for facility strategic plan. Served as liaison between hospital board, administration and long-range planning strategy consultants. EDUCATION 1990 M.P.H. - Health Administration Emory University - Atlanta Georgia 1979 B.B.A. - Health Administration Georgia State University - Atlanta Georgia SELECTED PROFESSIONAL/VOLUNTEER ACTIVITIES ,, Society for Healthcare Strategy and Market Development of AHA · Georgia Society for Healthcare Planning and Marketing, Past President · Women Healthcare Executives, Founding Member · Georgia Nurses Foundation, Inc. Board Member 1994-1996 · GSHPM, Annual Meeting, I993, Faculty · NAHDO, Southeastern Regional Meeting, 1994, Measuring Provider Performance~ Presenter · Quality Review Coordinators of SW Ohio, 1994, Making Sense of Data~ Presenter * South Carolina Health Information Management Association Annual meeting, 1995, Presenter · Interaation~*l Communications for Management, Direct Contracting'96, The Future of Managed Care~ 1996, Presenter · International Quality and Productivity Center, Best Practices in Direct Contracting, 1996, Workshop leader · Community Service Award, Women Healthcare Executives, 2000 · Cedar Hill Enrichment Center, Board Member, 1999-2002 · Metro State Prison for Women, Atlanta, Volunteer, 1997-2002 · Palm Beach Literacy Coalition, Reading Tutor, 2003 - present · Delray Beach Residents Academy, Graduate, May 2004 · Beach Property Owners Association, Design Guidelines Task Force, 2003 -2004 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # c~x,'- REGULAR MEETING OF SEPTEMBER 21, 2004 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIl, DATE: SEPTEMBER 17, 2004 Mr. Harvey Starin has forwarded his resignation from the Neighborhood Advisory Council creating a vacancy for an unexpired term ending October 3 l, 2006 for Zone Six. On September 9, 2003, Ordinance 27-03 establishing the Neighborhood Advisory Council for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods was passed and adopted. The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student members. Twelve (12) members are residents with two (2) residents selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals from Zone Six have submitted applications for consideration: Applicant Occupation Subdivision Gerry Franciosa Retired Law Enforcement Tropic Isle Jeremy Office Financial Advisor Tropic Palms Nancy Schneider Flight Attendant Lowry Park Estates James Smith Controller Banyan House Teresa Travatello Assistant Tropic Isle A cheek for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Recommend appointment of one (1) member to the Neighborhood Advisory Council for an unexpired term ending October 31, 2006 for Zone Six. Harvey D. Starin 3596 Admirals Way Delray Beach, Florida 334~3 July 26, 2004 Ms. Janet Meeks Education Coordinator City of Delray Beach 100 NVV Ist Ave Delray Beach, FL 33444 Dear Janet, After a graat deal of thought I have concluded that my personal and professional time constraints will not allow me to adequately perform my duties as a member of the Neighborhood Advisory Council. Regrettably, I feel the only prudent thing to do is to resign to allow someone else to take my place. I think the work of the Council is important and the people I met on the council were strongly committed to making a difference in our City and in the neighborhoods in which we live. For me to continue with a less than complete time commitment would not be fair to the others or to the underlying ideals of the Council. I wish to thank you for allowing me the opportunity to participate and wish you and the fast of the Council members best of luck as you continue to pursue this most worthy effort. CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory Council - Appointment Zones - NEIGHBORHOOD ADVISORY COUNCIL 02/04 TERM EXPIRES DISTRICT NAME & ADDRESS TELEPHONE 10/31/04 Zone 1 Frances Chassen Home: 498-5870 Appt 02/17/04 Unexp 4730 D Northwest Fourth Street Work: 499-6323 Dekay Beach, FL 33445 Fax: 10/31/04 Zone2 Robert Gillespie Home: 638-8697 Appt 11/04/03 460 Sherwood Forest Drive Work: 278-2628 Delray Beach, FL 33445 Fax: 278-8688 10/31/04 Zone 3 Karen Lustgarten Home: 266-9084 Appt I1/04/03 1850 Homewood Blvd #408 Work: 202277-2522 Delray Beach, FL 33445 Fax: 10/31/04 Zone 4 Cory (Caroline) Cassidy Home: 278-0150 Appt 11/04/03 424 Palm Trail Work: 266-6760 Delray Beach, FL 33483 Fax: 265-0616 10/31/05 Zone 5 Evelyn Dobson Home: 276-3593 Appt 11/04/03 130 Northwest 3~a Avenue Work: 994-1788 Delray Beach, FL 33444 Fax: 912-9076 10/31/05 Zone 6 Fred Fetzer Home: 276-6712 Appt 11/04/03 932 Evergreen Drive Work: 715-9030 Delray Beach, FL 33483 Fax: 10/31/05 Zone I Arthur Brown Home: 496-0264 Appt Unexp01/13/04 4255 Northwest 10th Street Work: 862-2361 De[ray Beach, FL 33445 Fax: 10/31/05 Zone2 Sheldon Well Home: 496-0549 Appt 11/04/03 925 Greensward Lane Cell: 573-9355 Delray Beach, FL 33445 Fax: 496-3867 10/31/06 Zone 3 Susan Kay Home: 495-7848 Appt 11/04/03 2571 Hampton Circle North Work: Detray Beach, FL 33445 Fax: 10/31/06 Zone 4 Mike Cruz Home: 274-4856 Appt 11/04/03 1510 North Swinton Avenue Work: 954 427-0404 X230 Delray Beach, FL 33444 Cell: 350-7360 10/31/06 Zone 5 GailLee McDermott Home: 279-2551 Appt 11/04/03 721 Southeast 3~a Avenue Work: 276-8763 Delray Beach, FL 33483 Fax: 279-4331 10/31/06 Zone 6 Harvey Starin Home: 272-1665 Appt 11/04/03 3596 Admirals Way Work: 272-7100 Delray Beach, FL 33483 Fax: 243-6087 10/31/04 At Large Rita Ellis Home: 278-1666 Appt 11/04/03 Representative 512 Andrews Avenue Work: 2,'/8-7125 Delray Beach, FL 33483 Fax: 274-3501 10/31/05 At Large Roy Fraker Home: 265-2607 Appt 11/04/03 Representative 38 % South Swinton Avenue Work: 274-3215 Deiray Beach, FL 33444 Fax: 274-3201 10/31/06 At Large Charles Stravino Home: 495-5375 Al,pt 11/04/03 Representative 3631 Lowson Boulevard Work: 243-7412 Delray Beach, FL 33445 Fax: 243-7461 10/31/04 Student Allison Mattocks Home: 737-8485 Appt 11/04/03 2595 Southwest 14t~ Street Work: Boynton Beach, FL 33426 Cell: 441-6920 10/31/04 Student Aaron Ussery Home: 266-9647 Appt 11/04/03 333 Northwest 4m Avenue Work: Dekay Beach, FL 33'H~, Fax: S/City Clerk/Board o4/Neighborhood Advisory Council . BOARD MEMBER APPLICATION 4. ~dpd D~ess Ad'ss: ~ $~ ~p SEP ~ 9 2003 01~ CLERK O~A~ MCMD~O ADDI I~ATI~ ~/~ · Jerem~ 2837 Cormor~nc Road De.troy Flesch I,'l, 33&~4 777 I% Aclonc/c Ave. Suite riO0 . helrny_SC.a~~ F~ . _334R3 5. Home Phc[lc: Business I~h(mc: E-Mail Address: (561) 330-271 3 ~5~1)_ 276-1661 Of f i ce,l~Be ll. sou ch. ~[5.61 / 67fl-71 't(~ 6. Arc you a rc~srcrcd voter? If s~. whcrc arc you r~qstcrcd? What Bo;rrB(s) :tre you intcrcstcd in sc~qng? Plt:itse list in ordcr L) I~a T0~.O~0 Zonit~ ~ 21~oar~nf C(~n~rruc~o~ppc&l.s 3) ~e.~hborhood Advisory 8. 15sc ~1 Ci~ Boa~s on ~*hi& y ~ trc curt'cat y sca' ng or h~vc prcx'iously 9. I:.duc:~doml qu.'tliticadona: I~JI.A-II of Flnrid:l. B 8- M;~-,; IN. I.i~r xny rclatcd profcssion;d cemficali(ms :tnd licenses whic}~ y(,,, hold: ll. (~ivc your prcsc,~[, o¢ most mccmt employer, and 12_ Dc~61~ cxp~cnccs, s~Hs or kno~'l~lge ,vhich qu;tli~' you co sc~t: ,,n this I~;trd: 0)k. sc amch :, bhcf resume) o)ncaincd~n c~is ;tDplicitdot~ may cause forfcirurc u~m my pa~ of;my ;rpl~,,im'mcnt I miL}r rccdvc. // No[c: This appllcadon ~511 *cmain on ~lc in tim Cit~ Clcrk's Office ~(,r a peri~t o(2 years ~r()m &c d~rc ir was snhmirccd. Ir ~1l bc ~e ;tpphcant'~ responsibili~ r(> ensure that a cu~cnr applica6on RECEIVED JUL 0'9 200 · CITY CLERK 2837 Cormorant Rd ~ Delray Beach, FL 33444 I Telephone: (561) 330-2713 E-Marl: officej~bellsouth.net Jeremy S. Office Developed strong management and sales skills while creating valuable networking and inter-personal relationships. Facilitated total customer satisfaction by exhibiting versatility, dependability and a bottom-line mentality. Proven ability to adapt to new business situations and in a short time period, performance has resulted in a path of consistently mcreasmg responsibilities and promotions. Merrill,Lynch & Compan¥~ Delray Beach, Florida (April 2002 - Present~ Financial Advisor (Global Private Client Group) April 2002 - Present · Serve as the Financial Advisor to over 90 households · Stxong proficiencies in the arenas of Retirement Planning, Liability Management and Managed Money · Provide complimentary financial planning services to the employees of the City of Delray Beach Daleen Technologies lnc4 Boca Raton~ Florida (December 1998 - December 2001) Partner Manager (Sales Division) April 2001 - December 2001 · Responsible for managing specific partners fxom pre-sales to the integration contx-acts ($50K-$ IMM+). · Developed multiple new vertical market~ for Daleen and thei~ Partaers to enter. · Conducted sales Waining around the countxy for multiple paz~mers and supported their Sales centers. Lead Partner Services Manager (Partner Services Division) January 2000 - April 2001 · Team lead in managing budget, resources, contracts and statements of work. · Responsible for development of a team of three managers. · Responsible for rolling out new "Partner Maturity Model" and implementing the strategy. ·Wofked directly with the Director to create strategy, processes and documentation. · Major responsibilities were contract negotiation, conWact analysis, preparing statements of work and coordinating resources to support our Integration Parmers. · Responsible for over $500K of contn'buted revenue to our Professional Set'vices and Training divisions. Business Analyst (Professional Services Division) December 1998 - JanUary 2000 ~ Lead a team of Technical and Development resources in the ~L~st successful South American Implementation of the RevG'aain (B~lex) product. · Concurrently worked to further develop the Business Analyst Forum as the Professional Services organ~afion tripled in size during this time. · First entxy-level hire by Daleen Teclmologies. Part of a tkree member team that created the RevChain (BillPlex) "Package" which went on to serve as the competitive differcntiator in the market space. · Excellent inter-personal skills well suited for developing and sustaining long term relationships · Well-developed planning, communication and documentation skills · Proficient in Excel, PowerPoint, Project, Outlook, Access, Word, and Photoshop. Masters of BuSin~ Ad ministration (MBA} · University of Florida; Gainesville, Florida; November 2002 Bachelor of Business Administration: Finance (BA) Minors: MIS and Pre-Law. · Miami University; Oxford, Ohio; June 1998. Designations: ' Certified Financial Manager (CFIVl) · Chartered Retirement Planning Counselor (CRPC) · Certified Financial Planner (CFP) - currently taking courses · Series 7, Series 66, Series 31, Life, Health and Variable Annuity Licenses '~ CITY OF DELRAY BEACH BOARD MEMBER ~PLICATION 3. ~'~id~ ~ S~te ~p ~e 4. P~d~ B~ Ad&~s: Ci~ S~te 5. Ho~ ~on~ B~ Pho~ ' ' ~M~ Add~: ~ Phon~ F~: 6. ~ you a r~st~ ~t~? ~h ~ ~ ~If so, where ~e you r~ster~? 7. ~t ~d(s) ~ ~ ~ ~ ~ ~ ~t ~ otd~ of 8. ~t ~ 0W ~s on ~ ~u ~ c~mfly ~ or ~e pr~o~y s~: ~1~ ~d~e da~) 10. ~t ~y r~t~ ~f~o~ ~fi~fions ~d 5~ ~& ~o~ hold: ~'~[ 'v ~' DA~ [ ~" Not< ~s ~p~ ~ t~ on ~ ~ ~e CiW O~'s 0~ for a ~ of 2 y~ ~m ~e &te it~ subM~. It ~ ~ ~e ~p~t's t~n~W to ms~e ~at a ~t~p~fion Js on ' RECEIVBB OCT 2.2 ~003 CITY BOARD MEMBER APPLICATION_ ~le~e ~ or p~r ~e fo~ow~ ~fo~afion: 4. P~dpfl Bus.ess Add.ss: Ci~ Sate ~p C~e 5. Home Phone: Bus.ess Phone: ~M~ Ad&~s: Ce~ Phon~ F~ 10. ~t my r~t~ professionfl ceffiflmfions ~d Bcens~ w~ch you hol& 11. Give your presenq or most r~t cmplover, and~sifiom , SIGN~ DA~ Note: ~s app~mfion ~ rm~ on fie h ~e O~ Cl~k's Office for a ~fiod of 2 years ~m ~e date it was sub~R~. It ~ & ~e app~t's res~ndb~ to Sep ].6 64, 0~]:33a UELRHY BUH CHHi'IBER b~l~'/UUbbb ~)~ ~ ~ {,.0RECEIVED mi-A,.,.'i.,ci~ SEP 1 6 20Oi ,,,,,, o,: BOARD MEMBER APPLICATION CITY CLERK 1993 :2001 Please n/pe or prSnt the following information: gtas t Ni~m.~ Name 2. Home Address: City fbe3.o 0_LO 6bmo_ z,. Code 3. Legal Residence: ~aiF~r,~..~ ' CitT State Zip Code 4. Principal Business 2,.ddrcss: CitT State Zip Code 5. Home Phone: Business Phone: [ E-b~(ail Address: { Cell Phone: Fax: 6. Are you a re~s~ered voter? If so, where ate you registered? 7. What Bo~d(s) are you interested in sen'lng? Please fist m order of preference: 8. List all CiW Boards on which you are currently se~4ng or have previously se~ed: (Please include dates) 9 Educational qu~ficn tions: ~ . 10. ~st any related pro[~ssional cerdfica~ons and ficenses which yon hold: 11. Give your present, or most r~cent emffloycr, and ?osifion: 12. Describe experiences, s~s or knowledge ~vNch quarry you to sets-e on this board: ~lease attach a b6ef resume) , . I hereby certify that aH the =bove statements are true and [ agree and understand that any misstatement of materiM contained in this application m%' cause forfeiture upon my part of any appointment [ may receive. SIGNATURE DATE Note: Tbs app~cadon will remain on file in the Ci~' Clerk's Office ~or a pehod off2 years from the date it was ~ ea ca [' es I 't em ur nt~ submitted. It xvi~ b th pph n s r ponsib'~D o s e th current app~c~fion is on file. Sep 16 04 09:33a BELRAY BCH CHAMBER RECEIVED SEP 1 6 200 r 2ss.e CITY CLERK D¢lray Beach. FL 33444 Phone: (561 ) 504-0615 Email: travatello@earthlink.nct OBJECTIVE: A director's position in the careers of media, public relations, and marketing that will use my acquired skills and experience in communication, management, marketing, and organizational and personally developed interpersonal skills. SUMMARY OF QUALIFICATIONS Expertise in developing and executing marketing srramgies. Effective in generating new business contacts, providing product knowledge and client development. At ease with various one on one and group speaking environments- Prove track record for successfully achieving goals. Skilled in the use of MS Windows. Access, Excel, Microsoft Word, Photo-shop, Adobe Acrobat, and Microsoft Publisher. Highly developed communication, interpersonal, organizational, teaching, program management, and leadership skills. Dedicated and self-motivamd team player. Demoustrated ability to quickly achieve organizational integration and assimilate project requirements. WORK EXPERIENCE 01/04 - present Downtown Delray Beach Joint Venture, Assistant Coordinate special events, brochures, and flyers to promote the down~own.. ~rite and send press releases, work with media and coordinate sponsor part~mpat~on tn events. Photograph events and meeting t;or pablication and archives, Organize Marketing Program member participation in events, brochures, and retail promotions. Produce monthly community calendar of events. Coordinate annual Downtown Business District Map. Serve as Chamber stall liaison to the Downtown Merchant a~d Business Administration and organize quarterly networking meetings. Assist Downtown Coordinator with other marketing or economic development projects. Attend ]oint Venture, Downtown Merchant Business Association and Downtown Development Authority board meetings. Cream news pieces and events for websim marketing, wide world web, and Greater Delray Beach Chamber of Commerce Newsletter. 10102- 12104 Advcrt~ing Representative Advise and execute advertisement campaigns for business and merchants in Downtown Delray Beach. Effectively serviced existing clients as well as assist new clients with advertising needs. Maintained positive credit status with clients and company through efficient collections. Accurately proof and design adverttsements and news storys per client needs. Attend trade shows and sponsored events representing The Forum Publishing Group effectively. 06/00- 10/02 Marketing Director Actively manage short and long term leads to qualify prospects and advance them through'the sales process. Developing and maintaining relationships with a targeted base oi~' referral sources. Maintain a working knowledge of local market trends and competitor offerings and pricing to develop eft~ctive sales and marketing action plans. Conducting property_ and community-based presentations and educational MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF SEPTEMBER 21. 2004 RESOLUTION NO. 73-04 .(MILLAGE LEVY). DATE: SEPTEMBER 17, 2004 Resolution No. 73-04 levies a tax on all properties in the City of Delray Beach for FY 2005 as follows: 7.45 mills for operation and maintenance of the General Fund 0.55 mills for the payment of principal and interest on bonded indebtedness 8.00 mill~ = millage rate The rote of 8.00 mills is the same as FY 2004. Operating millage is decreased from 7.52 to 7.45, while debt service millage is increased from 0.48 to 0.55. The rolled back rate calculated under the TRIM law for operating purposes is 6.7619 mills. The millage rate is 10.18% above the rolled back rate. The assessed valuation on all taxable property within the City for operating purposes is $5,382,116,199. The assessed valuation for debt service is $5,383,166,342. The reason for the differential is the exemptions that were granted to historic properties in the City. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public heating must be held prior to the adoption of the resolution. On September 7, 2004, Commission approved a resolution tentatively levying the millage rate at 8.00 mills, there has been no change. Recommend approval of Resolution No. 73-04. S:\City Clerk\agenda memo,\Res. 734)4 Millage Levy FY 2005 RESOLUTION NO. 73-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON Al J, PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO AI.I~OCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $7.45 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the City of De[ray Beach for the fiscal year commencing October 1, 2004, and ending September 30, 2005. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $5,382316,199. The operating millage rate of $7.45 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.7619 per one thousand dollars ($1,000.00) by 10.18%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,812,704. There is hereby appropriated for the payment thereof, all revenues derived from the tax levy of $0.55 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2004, and ending September 30, 2005, upon the taxable property of the City of Delray Beach, the assessed valuation being $5,383,166,342. Section 3. That the above millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. Section 4. That public hearings were held on the proposed budget on September 7, 2004 and on September 21, 2004. PASSED AND ADOPTED in regular session on this the 21st day of September, 2004. MAYOR A'ITISST: Acting City Clerk 2 RES. NO. 73-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~P~/{ SUBJECT: AGENDA ITEM # \~e~ - REGULAR MEETING OF SEPTEMBER 21. 2004 RESOLUTION NO. 74-O4 (MII.IAGE LEVY IN THE DDA TAXING DISTRICT) DATE: SEPTEMBER 17, 2004 Resolution No. 74-04 levies a tax in the mount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2005. This millage exceeds the 0.8477 rolled back rote calculated under the TRIM law by 17.97%. A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 2005. On September 7, 2004, Commission approved a resolution tentatively levying the millage rate at 1.00 mills, there has been no change. Recommend approval of Resolution No. 74-04. S:\City Clerk\agenda memo~\Rea744)4 Millage ~ DDA FY 2005 RESOLUTION NO. 74-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELKAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2004, and ending September 30, 2005. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $269,326,778. The operating millage rate of $1.00 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.8477 per one thousand dollars ($1,000.00) by 17.97%. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than tbxee percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That public hearings were held on the budget on September 7, 2004 and on September 21, 2004. PASSED AND ADOPTED in regular session on this the 21" day of September, 2004. MAYOR A'ITI~ST: Acting City Clerk 2 RES. NO. 74-04 ~2 CERTIFICATE OF TAXABLE VALUE R.01/95 004 Year ~:-~ ' PN..M BEACH County To Delray Beach - D.D.A. (Name of Taxing Authority) (1)..Curren_~.Ye_p~_Tp_xable ~lu9 of.~gal Property for OPerating Purposes $ 269,326,778 (2) Current Year Taxable Value of Personal Properly for Operating Purposes $ 0 (3) Current Year Taxable Value of Centrally Assessed for Operating Purposes $ 0 (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) $ ;'~; 269~326,778 (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $ 9,072,3t9 Improvements InCreasing Assessed Value By At Least 100% + Annexations - DeletiOns) (6) Current Year Adjusted Taxable Value (4) - (5) $ 260,254,459 (7) Prior Year Final Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) $ 220,629,462 I do hereby certify the values shown herein to be correct to th ~ and belief. ' hand and official signature at We~t Palm Beach, FI. TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certhScation and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or 4)-. SECTION !I (8) Prior Year Operating Millage Levy $ [ · 000 Per$1,000 (9) Prior Year Ad ~alorem Proceeds (7)x (8) $ 220,629 (10) Current Year Rolled-Back Rate (9) / (6) $ .8477 Pets1,000 (11) Current'Year Prepesed Operating Millage Rate $ 1. 0000 Per $i.000 ri 2) check one (1) TYPE of Ta~ing Authority [~ County ~ Municipality ~ Independent [--'-] Dependent ~ Municipal Se~4ce ~ Multi~-_,ounty Special District Oishtct Taxing Unit r'--] Water Management District (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (14) Current Year Millage Levy for VOTED DEBT SERVICE $ -0- Per $1,000 (t5) Current Year OTHER VOTED MILLAGE $ -0- Per $1,000 L DEPENDENT SPECIAL DISTRICTS SKIP lines (t6) through (22)J (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420) (17) Total Prior Year Proceeds: (9) + (16) $ N/A (18) The Current YearAggregate Rolled-back Rate: (17) / (6) $ N/A Per $1,000 (19) Current Year Aggregate Rolled-back Taxes: (4) x (18) $ N! (20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal $ Taxing Authority, all Dependent Districta~ & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) / (4) $ N/A ' Per $1,000 (22) Current Year Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate: N/A % [(Une 21 / Line 18) - 1.00] x 100 Date, Time and Place of the first Public Budget Hearing: September 7, 2004, 7: 00 ~e~ray Beach City Mall~ 100 N.W. 1st Avenue, Delra¥ Beach. FL I do hereby certify the mlllages and rates shown heroin to be correct to the best of my knowledge and belief. FURTHER, I oedtfy that all millages comply with the provisions of Sectien 200,071 or 200.081, F.S. WITNESS my hand and official slgn~m % ~j.~..~_~r Beach , Florida, this the 21et dayof July ,_Z0.0L. Signbtum- end tille of C~lef Administrative Officer Address of Physical Location lO0 N.W. 1st Avenue Joseoh M. Safford. DireCtOr of Finance Mailing Address Name o~ Contact Pemon Delray Beach, FL 33444 561-243-7116 .561-243-7166 City State Zip Phone Number Fax Number SEE INSTRUCTIONS ON REVERSE SlOE DOWNTOWN DEVELOPMENT AUTHORITY INCOME/EXPENDITURE & BUDGET ~ 7131104 (10 Montlts) & ESTIMATE TO YEAR END 9/35104 Plan Actual Budget Under/ I Budget Estimate 2004-05 Revenue: 2003104 To Date To Date (Over) I Available to yr end Budget Ad Valorum Taxes 209,773 213,031 209,773 (3,258) I (3,258) 213,031 255,860 Interest (CD's about $5,000) 7,000 515 2,000 1,485 I 6,485 2,500 2,500 Other revenue 0 Total Revenue to date 216,773 213,546 211,773 i (1,773) I 3,227 215,531 258,360 Expenses: I Downtown Joint Venture 60,000 62,500 60,000 (2,500) I (2,500) 62,500 62,500 Special Projects Assistant 31,700 31,700 31,700 0 I 0 31,700 31,700 Office Expenses: I Equipment & Supplies 1,500 711 750 39 I 789 1,500 1,500 Mailings & Postages 2,000 1,308 1,600 292 I 692 2,000 2,000 Rental 2,400 2,400 2,400 0 I 0 2,400 2,400 Bank Charges 150 125 125 I 150 50 150 Bookkeeping Fees 800 704 670 (34) I 96 900 1,000 Dues, Subscriptions & Fees 1,000 1,011 1,000 (11) I (11) 1,011 1,011 External Auditors' Fees Adjusted 8,900 8,926 8,900 (26) I (26) 8,926 5,500 Insurance 6,335 5,120 6,335 1,215 I 1,215 5,120 6,335 Property Appraiser's Charges 1,949 1,954 1,949 (5) I (5) 1,954 1,954 Travel & Meetings 5,000 3,087 4,100 1,013 I 1,913 5,000 7,000 Sub-Total Oper. / Office Exps 121,734 119,421 119,629 108 ! 2,313 t23,061 123,050 Chamber &C100 Dues 1,000 288 1,000 712 I 712 288 1,000 Downtown Map Sponsorship 17,500 18,197 17,500 (697) I (697) 18,197 20,000 Economic Develop. Pineapple Grove 5,000 0 I 5,000 5,000 5,000 INARC 5,000 2,500 2,500 0 I 2,500 2,500 5,000 Holiday Tree & Fimt Night Expense 15,000 15,000 15,000 0 I 0 15,000 18,500 Promotions & Grants*** 10,000 6,000 6,000 0 I 4,000 6,000 6,000 Reserve Marketing: 60,000 56,100 52 I 3,952 60,000 65,000 2004 FI USA Advert/Getaways 11,055 I Southern Living & Shopping/Dining 11,592 Travel Host Magazine 12,044 I Guest Informant 2,915 SEE Magazine 5,559 I First Night I Holiday Gift Cert. 5,150 I Web Site, Misc. & Educ. TV refund 7,733 ! Sub Total Market & Promo. 113,600 08,033 98,100 67 I 16,467 106,985 120,500 Reserve Banners 5,000 0 I 5,000 12,000 4,000 Reserve Clean & Safe 25,000 0 I 25,000 Reserve Lights Adjusted 25,000 29,382 25,000 (4,382) I (4,382) 35,000 38,000 Reserve Sign System 3,000 2,745 3,000 255 I 255 2,745 5,000 Sub Total Reserve Accounts 58,000 32,127 28,000 (4,127) I 25,873 49,746 47,000 Total Expenses to date 293,234 249,581 245,629 (3,952) I 43,663 279,79t 290,560 Tol Revenue Overl(Under) to date (76,461) (35,035} (33,856) ! (40,426) (64,260) (32,190) Funds broughtfwd 1011103 110,976 107,288 I 107,288 43,028 Less Auditor's year end adj. (3,688) I Total Funds carried fwd 35,227 71,263 I 43.028 10.838 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~(~Q--- REGULAR MEETING OF SEPTEMBER 2L 2004 RESOLUTION NO. 75-04 (BUDGET ADOPTION FOR FY 2005) APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN DATE: SEPTEMBER 17, 2004 Resolution No. 75-04 makes appropriations of sums of money for all necessary expenditures of the City for fiscal year 2005. The appropriations are set forth in Exhibit "A" to the resolution. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the budget. On September 7, 2004, Commission approved a resolution tentatively adopting the budget. Approval of Resolution No. 75-04 is recommended. As a related item, Commission is asked to approve the Five-Year Capital Improvement Plan for fiscal years 2005 through 2009 and the Capital Improvement Budget. The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan to which the City Commission will commit as part of the adopted annual budget. The Planning and Zoning Board, as Local Planning Agency, formally reviewed the Capital Improvement Plan and Capital Improvement Budget on September 20, 2004, as required by the Capital Improvement Element of the Comprehensive Plan. The Board unanimously made a finding that both the CIP and CIB are consistent with the Comprehensive Plan. It is recommended that the City Commission accept the finding of the Planning and Zoning Board that the Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. S:\City Clerk\agenda memo~ \Re~.754)4Budget Adoption. CIE FY 2005 RESOLUTION NO. 75-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR .ALI. NECESSARY EXPENDITURES OF THE CITY OF DELl[AY BEACH FOR THE PERIOD FROM THE 1'' DAY OF OCTOBER, 2004, TO THE 30t~ DAY OF SEPTEMBER, 2005; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby tentatively appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 2004, and ending the 30m day of September, 2005, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the lS~ day of October, 2004, and ending the 30m day of September, 2005. Section $. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30m day of September, 2004, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 2004. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1s~ day of October, 2004. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefore. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7, That all monies collected by any depaz~n~ent, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 7, 2004 and on September 21, 2004. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in reg~d~r session on this the 215t day of September, 20O4. MAYOR ATI'PSST: Acting City Clerk 2 RES. NO. 75-04 Exhibit A Budget Summary City of Deiray Beach, Flodda Fiscal Year 2004-2005 DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAl. CASH BN.N~CE8 BROUGHT FORWARD 0 0 4,248,830 296,250 4,545,080 TAXES Mmages AD VALOREM TAXES 7.48 38,091,930 38,091,930 AD VALOREM TAXES o..55 2,812,710 2.8t2,710 AD VALOREM-DELINQUENT 89,000 89,000 AD VALOREM - DDA 1.oo 255,860 255,860 Sales & Use Taxes 1,795,000 1,795,000 Franchise Taxes 3,950,250 3,950,250 Utility Taxes 4,183,000 4,183,000 Other Taxes 3.650,000 3,650,000 Licenses & Permits 3,350,200 3,350,200 Intergovernmental 6,848,820 364,180 1,487,120 8.700,120 Charges for Services 6,068,080 34,202,100 40,270,180 Fines & Forfeitures 1,040,800 45,000 1,085,800 Miscellaneous Revenues 2,829,230 291,800 134,300 3,255,330 Other Financing Sources 3,218,830 178,000 1,288,820 4~685~650 FINANCING SOURCES 77,927,850 255.860 35,036,080 2,955,240 116~175,030 AND BAL,~NCES 77,927.850 255,860 39,284,910 3,251~490 120,720,110 General Government Services 7,936,320 7,936,320 Public Sefety 41,946,t80 45.300 41,991,480 Physical Environment 454,280 23,943,450 24,397,730 Transportation 1.696,590 1,696,590 Ecem~mic Environment 4,767,570 255,860 1,730,080 6,753,510 Human Sen4cas 213,590 2t3.590 Culture & RecreaUon 10,727,270 3,634,290 1,141,880 15,503,440 Debt Sam. ice 4,525,770 5,648.470 10,174,240 Other Financ~ng Uses 5,080,050 5,502,910 212~570 10,795,530 TOTAL EXPENINTURE~/EXPENSE~ 77.347.620 255,860 38,729,120 3,129,830 119,462,430 Raxewes 580,230 0 555,790 121,660 1~257,680 TOT~J. EX~ENDITURE,~ ~O REa ERVEa 77,927,850 255,860 39,284,910 3,251.490 120,720,110 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER25~ SUBJECT: AGENDA ITEM # % <3{~15 - REGULAR MEETING SEPTEMBER 21. 2004 ORDINANCE NO. 47-04 (PRIVATELY INITIATED SlVI~I.I. SCALE FUTURE LAND USE MAP AMENDMENT) DATE: SEPTEMBER 17, 2004 This ordinance is before Commission for second reading and a quasijudicial hearing for a Future Land Use Map (FLUM) Amendment from MD (Medium Density Residential 5-12 dwelling units per acre) to TRN (Transitional) and rezonmg from RM (Medium Density Residential 6-12 dwelling units per acre) to RO (Residential Office) for a 0.86 acre parcel of land, a portion of the Lighthouse Property, bordered by S.W. 1~' Street on the north, S.W. 1*t Avenue on the east, and S.W. 2"a Avenue on the west. The subject property consists of the northernmost portion of a former halfway house development known as The Lighthouse. The parcel contains three 0) buildings, part of a fourth building, an asphalt parking lot, and several walkways. This parcel is part of a larger mixed-use development which will include office uses on the subject parcel, and multiple-family uses on the balance. The mixed-use development will contain approximately 10,000 square feet of office floor area and 30 town_homes. The proposed office use is permitted under the proposed RO zoning, but would not be allowed under the existing RM zoning. The Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony regarding the request. The Board voted 5-0 to recommend that the request be approved, by adopting the findings of fact and law contained in the staff report, and the request is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria with respect to Land Development Regulations Section 2.4.5(D)(5) (Rezonmg Findings), Land Development Regulations Section 3.1.1 (Required Findings), and Land Development Regulations Section 3.2.2 (Standards for Rezoning Actions). At the first reading on September 7, 2004, the City Commission passed Ordinance No. 47-04. Recommend approval of Ordinance No. 47-04 on second and final reading. S:\Cit7 Clerk\agenda memo,\Ord. 47-04 Lighthouse Property.09.21.04 THRU: PAUL DORLING, DIRECTOR OF P,/LA~INING~ ~ ~, ~- .~___, ~AND ZONING / FROM: ROBERT G. TEFFT, SENIOR PLAItdJ~ER~',/"-~"~-~'~ SUBJECT: MEETING OF SEPTEMBER 7, 2004 PRIVATELY SPONSORED SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC (MD) TO TRANSITIONAL (TRN) AND REZONING FROM MEDIUM DENSITY RESIDENTIAL 6-12 DU/AC (RM) TO RESIDENTIAL / OFFICE (RO) FOR THE PROPERTY BORDERED BY SW IsT STREET ON THE NORTH, SW IsT AVENUE ON THE EAST, AND SW 2ND AVENUE ON THE WEST. The proposal incorporates the following: All of Lots 1-11, Lot 26, and the alleys adjacent thereto, Heisley Estates Subdivision, a subdivision of the north ~ of Block 54, De/ray 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, recorded in Plat Book 13, Page 48. This parcel of land, which totals approximately 0.86 acres, constitutes the northernmost portion of a former halfway house development known as The Lighthouse. The parcel contains three (3) buildings, part of a fourth building, an asphalt parking lot and several walkways. This parcel is part of a larger mixed-use development which will include office uses on the subject parcel, and multiple-family uses on the balance. The mixed-use development will contain approximately 10,000 square feet of office floor area and 30 townhomes. The proposed office use is permitted under the proposed RO zoning, but would not be allowed under the existing RM zoning. Additional background and an analysis of the FLUM amendment and Rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of August 16, 2004, the Planning and Zoning Board held a public hearing in conjunction with the Future Land Use Map Amendment and Rezoning request. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board moved a recommendation of approval for the privately sponsored request for a small scale FLUM amendment from MD to TRN and rezoning from RM to RO on a vote of 5-0 (Pike absent, Morris stepped down), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move approval of the privately sponsored request for a small scale FLUM amendment from MD to TRN and rezoning from RM to RO for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Planning and Zoning Board Staff Report of August 16, 2004, and Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 16, 2004 AGENDA ITEM: ~v. B. ITEM: Privately Sponsored Small Scale Future Land Use Map Amendment from Medium Density Residential 5-12 du/ac (MD) to Transitional (TRN) and Rezoning from Medium Density Residential 6-12 du/ac (RM) to Residential/Office (RO) (Quasi- Judicial Hearing). GENERAL DATA: Owner / Applicant ...................... New Urban Lighthouse, LLC. Agent ......................................... Tim Hernandez / Kevin Rickard Location ..................................... Southwest Corner of SW 1st Street and SW 1st Avenue Property Size ............................. 0.86 Acres Current FLUM Designation ........ Medium Density, 5 - 12 Units/Acre (MD) Proposed FLUM Designation ..... Transitional (TRN) Current Zoning .......................... Medium Density Residential (RM) Proposed Zoning ....................... Residential/Office (RO) I I I t I Adjacent Zoning .......... North: Community Facilities (CF) South: RM East: Old School Square Historic Arts District (OSSHAD) West: CF Existing Land Use ...................... Halfway House Proposed Land Use ................... Business / Professional Offices Water Service ............................ Existing on site Sewer Service ........................... Existing on site IV. B. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored small scale Future Land Use Map (FLUM) Amendment for a 0.86 acre parcel of land from Medium Density Residential 5-12 du/ac (MD) to Transitional (TRN) and rezoning from Medium Density Residential 6-12 du/ac (RM) to Residential/Office (RO) for the property bordered by SW 1st Street on the north, SW 1s' Avenue on the east, and SW 2"d Avenue on the west. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and rezoning of any property within the City. The proposal incorporates the following: All of Lots 1-11, Lot 26, and the alleys adjacent thereto, Heisley Estates Subdivision, a subdivision of the north '~ of Block 54, Delray Beach, Flodda, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 48. This parcel of land, which totals approximately 0.86 acres, constitutes the northernmost portion of an existing halfway house development known as The Lighthouse. The parcel contains three (3) buildings, part of a fourth building, an asphalt parking lot and several walkways. The balance of the site will be part of a mixed-use development which will contain multiple-family uses that will be reviewed as part of a subsequent submittal. An application has been submitted for a FLUM amendment from MD to TRN and rezoning from RM to RO. These applications have been submitted to accommodate the office component of a mixed-use development that will eventually contain approximately 10,000 square feet of office floor area and 30 townhomes on adjacent property to the south. This proposed office use would be permissible under the proposed RO zoning, but is not allowed under the existing RM zoning. In accordance with Chapter 163, Florida Statutes, this FLUM amendment is considered a Small-Scale amendment and is not limited to the twice-a-year Comprehensive Plan Amendment review process. Flodda Statute 163.3187 - Small-Scale Land Use Map Amendments: This FLUM Amendment is being processed as a Small-Scale Development pursuant to Florida Statute 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small-scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: gl The amendment does not exceed 10 acres of land; Planning and Zoning Board Staff Re~ort Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 2 The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas or 60 acres annually in areas lying outside the designated areas; The proposed amendment does not involve the same property or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment or downtown revitalization; The proposed amendment does not involve a text change to the goals, policies and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and The property that is the subject of a proposed amendment is not located within an area of critical state concern. The 0.86 acre property, which is located outside the City's Traffic Concurrency Exception Area (TCEA), does not exceed ten (10) acres nor will it result in the processing of FLUM amendments in excess of 60 cumulative acres this year. This application is the second small- scale FLUM amendment being considered so far this year outside of the TCEA and will result in a total amended acreage of approximately 3.28 acres. The subject property does not involve a residential land use or a text change, and is not located in an area of critical state concern. The proposed FLUM amendment involves property that has not previously been considered, nor located within 200' of property owned by the applicant that was approved for a land use change within the past year. Based upon the above, the subject proposal is consistent with the criteria for a small-scale development. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 proposed FLUM designation (TRN) and zoning district (RO) are consistent with one another, and the proposed office use is allowed as a permitted use within the RO zoning district. Based on the above, positive findings can be made with respect to FLUM consistency. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 3 Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Water and Sewer: Water service is available via service lateral connection to an existing 8" water main located within the SW Ist Street right-of-way, an existing 8" water main located within the SW 1st Avenue right-of-way, and/or an existing 10" water main located within the SW 2"d Avenue right-of-way. There are three (3) fire hydrants within close proximity to the subject property - one (1) on the north side of SW 1st Street and two (2) on the east side of st SW 1 Avenue. Sewer service is available via service lateral connection to existing 8" sanitary sewer mains within the SW 1st Street right-of-way, the SW 2"a Avenue right-of-way, and/or the alley bisecting the subject property. Pursuant to the 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. Based upon the above, positive findings can be made with respect to this level of service standard. Drainaqe: With FLUM and rezoning requests drainage plans are not required. At present, the property consists of several single/multiple-family dwellings, parking and other paved areas. There is also a significant amount of pervious areas, especially on the west half of the property. The FLUM amendment and rezoning will not impact this existing situation. With redevelopment of the site, drainage plans will be submitted; however there are no problems anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: A traffic study indicating the AM and PM peak hour trips that would be generated by the proposed office development has not been provided. The provision of a traffic study indicating this information must be provided at the time of site plan approval; however it is anticipated that the traffic generated by the proposed office development will not negatively impact the surrounding neighborhood as the property is located within an area that consists of the traditional road grid system. This system is conducive to traffic distribution, wherein, automobiles have a diverse choice of options to navigate the area. Motorists are able to navigate the local grid street system to avoid congestion in order to reach collector and arterial roads such as Swinton Avenue, Atlantic Avenue, and SW 4th Avenue. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by any additional traffic. Parks and Recreation: Non-residential uses are not considered to have an impact on the City's Parks and Recreation facilities. However, any proposed residential dwelling units would be assessed a Parks and Recreation impact fee of $500 per unit at the time of building permit. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the indicated office development would generate 27 tons of waste annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 4 ~3 Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Future Land Use Element Oblective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property. The future redevelopment of the property based upon the proposed FLUM designation and zoning can be complimentary to the adjacent land uses, which consist of single and multiple-family residential uses, a mixed-use (restaurantJhotel) development, the South County Courthouse, a church, and a parking garage. The FLUM amendment and associated rezoning will enable the fulfillment of remaining land use needs by the provision of office/mixed-use development within the Southwest Neighborhood/Downtown Area as discussed in greater detail with Future Land Use Element Policies C-1.7 and C-4.2. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A-l, that the future redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: r3 Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposed FLUM amendment and associated rezoning will fulfill Future Land Use Element Policies C-1.7 and C-4.2 as discussed below. As these Comprehensive Plan Policies are furthered by the proposed FLUM amendment and rezoning a positive finding can be made with regard to demonstrated need. However, in addition to these Policies, changes have occurred in the character of the surrounding area which makes the proposed FLUM and zoning designations appropriate. The proposed South County Courthouse expansion, the proposed Delray Beach Public Library and the construction of the associated parking garage as well as the construction of the Atlantic Grove development have all impacted the character of the neighborhood. The introduction of office development and new multiple-family housing into the area will be consistent with these changes and will further the rehabilitation and redevelopment of the area. Planning and Zoning Board Staff F(eport Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 5 Future Land Use Element Policy C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the CitY Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. While the narrative for sub-area #5 does not specifically address the establishment of new commercially oriented developments, the Redevelopment Plan does note the lack of employment opportunities within the area and that the South County Courthouse, proposed courthouse expansion, and proposed public library provide a natural area for commercial expansion. The proposed FLUM amendment and associated rezoning would accomplish the provision of additional commercial development, specifically office development, within this area. The addition of offices appears very appropriate based upon the proximity of the subject property to the aforementioned courthouse and the associated parking garage (immediately to the north of the subject property) as well as the downtown area. Further, as the proposed FLUM amendment and rezoning are associated with an overall development scheme that includes the provision of new housing, an adequate buffer will be provided between the new offices and existing single and multiple-family developments to the south. The envisioned development will also likely improve the safety of the area as well as its long term stability. It will introduce daytime activity (offices) and further nighttime activity (residences), thereby providing more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity that has been identified as a problem with the Southwest Area Neighborhood. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, that the FLUM amendment and associated rezoning will fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 6 Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property is located within the borders of the downtown as defined by the Downtown Delray Beach Master Plan and is more specifically located within the West Atlantic Neighborhood. While the Master Plan does not specifically address the subject property with regard to a specific development proposal, it does discuss adjacent properties that are presently undergoing development processes. It is noted within the Master Plan that as a positive consequence of the relocation of the Delray Beach Public Library to the surrounding area, development would be triggered within the West Atlantic Neighborhood. As evidenced by the subject proposal, the suggested desired development is occurring. The Master Plan identifies the West Atlantic Neighborhood as containing "very few offices" and notes that mixed-uses should be encouraged within the neighborhoods. The introduction of offices via the proposed FLUM amendment and rezoning along with the new multiple-family housing included in the proposed overall development scheme would aid in the fulfillment of this goal. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-4.2, that the FLUM amendment and associated rezoning will fulfill the goals and objectives of the Downtown Delray Beach Master Plan. Housing Element Policy A-1Z3: 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. As discussed previously with the Concurrency analysis, the envisioned development will increase traffic in the surrounding area, generating a number of new trips upon the surrounding roadway network. However, the property is located within an area of the City that consists of the traditional roadway grid network. This network is conducive to traffic distribution, wherein, several diverse options are available in the navigation of the downtown area. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by the additional traffic. In terms of safety, the overall development scheme includes the introduction of new multiple-family dwellings near the downtown area that will likely improve the safety of the area as well as its long term stability. It will introduce further night time activity and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal Planning and Zoning Board Staff Report Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 7 activity that has been identified as a problem with the Southwest Area Neighborhood. These factors should serve to stabilize the area and act as a genesis for future neighborhood investment. Based upon the above, a positive finding can be made with respect to Housing Element Policy A-12.3, that the FLUM amendment and rezoning will not have a negative impact on the surrounding area with regard to noise, odors, dust, traffic volumes, and circulation patterns. r=l Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the approximate 0.86 acre parcel of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to develop the subject property along with. adjoining parcels to the south as a mixed-use development consisting approximately of 10,000 square feet of office floor area (subject property) and 30 residential dwelling units (adjacent property). The office portion of the development proposal is permissible under the proposed RO zoning designation and compatible with the proposed TRN FLUM designation. At this time no issues have been identified which would prohibit compliance with the requirements of the RO zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. STANDARDS FOR REZONING ACTIONS: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings noted in LDR Section 2.4.5(D) (5) 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. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D)That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use 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 following zoning designations and uses border the property: Zoninq Desiqnation: Use: North: Community Facilities (CF) Parking Garage South: Medium Density Residential (RM) Future Multiple-Family Residential Uses (Currently Abandoned Drug Rehabilitation Facility) East: Old School Square Historic Arts District (OSSHAD) Restaurant/Hotel (Sundy House) West: Community Facilities (CF) South County Courthouse Planning and Zoning Board Staff Report Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 8 The proposal will rezone the 0.86 acre subject property from RM to RO. There are no compatibility concerns with regard to the CF zoned pamels (courthouse and parking garage) as CF zoning is deemed to be compatible with all other zoning districts. The property's adjacency to the OSSHAD (to the east) will not result in an incompatibility as the zoning districts are of similar intensity to one another and each allow a commemial component. Finally, the adjacent RM zoned properties to the south are proposed to be incorporated with the subject property as a mixed-use development. In addition to the above, LDR Section 4.4.17(A) (1) states that the RO district is appropriate as a transitional land use between a commercial or industrial area and a residential area. While the subject property is not adjacent to a predominantly commercial district per se (the OSSHAD is considered a mixed-use district and consists of an array of residential uses), the South County Courthouse, the pending courthouse expansion, the adjacent parking garage and the pending Delray Beach Public Library will effectively operate with the intensity of a commercial use, and the adjacent Sundy House is also a commercial use. Thus, the proposed RO zoning district will constitute a buffer between these uses and the residential properties to the south. Based upon the above, a positive finding can be made with regard to LDR Section 3.2.2(D), that the proposed rezoning will not result in adjacent incompatible land uses. LDR Section 2.4.5(D) (5): In addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning is being sought. These reasons include the following: A. That the zoning had previously been changed, or was originally established, in error; B. That there has been a change in circumstances which make the current zoning inappropriate; or C. 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 reason for which the rezoning is being sought is most consistent with criterion "C". The pending expansion of the South County Courthouse and the associated construction of the parking garage as well as the pending construction of the Delray Beach Public Library constitute an increase in the intensity of the neighborhood that makes the proposed RO zoning designation more appropriate that the current RM zoning designation. As noted previously, LDR Section 4.4.17(A) (1) states that the RO district is appropriate as a transitional land use between a commercial or industrial area and a residential area. While the subject property is not adjacent to a commercial zoning district, the adjacent established and proposed uses (i.e., the courthouse, parking garage, library, and the Sundy House) will effectively operate with the intensity of commercial uses. Thus, the proposed RO zoning district will constitute a buffer between these uses and the residential properties to the south and is therefore more appropriate than the current RM zoning designation. Further, the proposed zoning is appropriate for the subject property as it will further the goals and objectives of both the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan and the Comprehensive Plan by providing new employment opportunities and office space to the neighborhood. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(D) (5), that the proposed zoning designation is more appropriate for the subject property based upon neighborhood circumstances. Planning and Zoning Board Staff P, eport Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 9 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Future redevelopment of the 0.86 acre parcel of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. The applicant has indicated an intent to develop the subject property along with adjoining parcels to the south as a mixed-use development consisting approximately of 10,000 square feet of office floor area (subject property) and 30 residential dwelling units (adjacent property). The office component is permissible under the proposed RO zoning designation and compatible with the proposed TRN FLUM designation. At this time no issues have been identified which would prohibit compliance with the requirements of the RO zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. Community Redevelopment Agency (CRA): At its meeting of May 27, 2004, the CRA reviewed the proposed FLUM amendment and rezoning and had no objections. Downtown Development Authority (DDA~: At its meeting of May 19, 2004, the DDA reviewed the proposed FLUM amendment and rezoning and had no objections. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed FLUM amendment from MD to TRN and rezoning from RM to RO are consistent with the goals, objectives and/or policies of the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, the Comprehensive Plan, and LDR Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. Further, LDR Section 4.4.17(A) states that the RO district is appropriate: (1) As a transitional land use between a commercial or industrial area and a residential area. (2) As an incentive zoning in older residential areas which are in need of redevelopment or revitalization, or are in a state of transition. (3) To accommodate professional offices that will meet the needs of nearby neighborhoods. As discussed previously with regard to LDR Sections 2.4.5(D) (5) and 3.2.2(D), the proposed rezoning of the subject property to RO will be appropriate. The subject property is located Planning and Zoning Board Staff I~eport Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 10 within the boundaries of both the Southwest Area Neighborhood Redevelopment Plan and the Downtown Delray Beach Master Plan. Both plans identify the lack of employment opportunities and office space within the area. Further, the subject area is indicated as a prime area for this type of development within the above Plans. The proposed rezoning would accomplish these goals as the envisioned development for the subject property entails the provision of approximately 10,000 square feet of new office floor area. Based upon the above, a recommendation of approval should be made to the City Commission for the proposed FLUM amendment and rezoning. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately sponsored request for a small scale FLUM Amendment from MD to TRN and rezoning from RM to RO for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately sponsored request for a small scale FLUM Amendment from MD to TRN and rezoning from RM to RO for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of approval to the City Commission for the privately sponsored request for a small scale FLUM Amendment from MD to TRN and rezoning from RM to RO for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location Map Staff Report Prepared by: Robert G. Tefft, Senior Planner ~tlllllll/ll I~1 1~11 I~l--t I L A T ANTI AVENUE LIGHTHOUSE PROPERTY ORDINANCE NO. 47-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM MD (MED1UM DENSITY RESIDENTIAL 5-12 DU/AC) TO TRN (TRANSITIONAL); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDILrM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1sT AVENUE AND SW 2~D AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, New Urban Lighthouse, LLC, is the fee simple owner of a 0.86 parcel of land located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue; and WHEREAS, the subject property h~reinafter described has an existing Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5-12du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from MD (Medium Density Residential 5-12du/ac) to TRN (Transitional); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July, 2004 as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of August 16, 2004 the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Future Land Use Map designation of the subject property is hereby officially affixed as TRN (Transitional). Section 2. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 3. 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 RO (Residential Office) District for the following described property: Lots 1 through 11, inclusive, and Lot 26, Heisley Estates Subdivision, being a Subdivision of the North one-half (N ½) of Block 54, Delray Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 48 Section 4. 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 3 hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 7. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption ora resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ., 200~. 2 ORD NO. 47-04 ATTEST M A Y O R City Clerk First Reading Second Reading. 3 ORD NO. 47-04 M~MORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AI~ENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 21. 2004 ORDINANCE NO. 50-04 DATE: SEPTEMBER 17, 2004 This is second reading and second public heating for Ordinance No. 50-04 mending Land Devdopment Regulations (LDR) Section 4.4.18(B)(4), "Service Industry", of the Planned Commerce Center Zoning DistaSct, Allowed Uses, to add "Food Catering Establishments, preparation, and storage only (No Food Served on Premises)" as a permitted use. At the first reading on September 7, 2004, the Commission passed Ordinance No. 50-04. Recommend approval of Ordinance No. 50-04 on second and final reading. S:\City Clerk\agenda memos. Ord 50-04.Food catenng-09.14.04 TO: DAVID T. HARDEN, CITY THRU: PAUL DORLING, DIRECTOR OF A FROM: SCOTT PAPE, SENIOR PLANNER~~ SUBJECT: MEETING OF SEPTEMBER 7, 2004 PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.4.18(B)(4) SERVICE INDUSTRY SECTION OF THE PLANNED COMMERCE CENTER ZONING DISTRICT, ALLOWED USES, TO ADD "FOOD CATERING ESTABLISHMENTS, PREPARATION AND STORAGE ONLY (NO FOOD SERVED ON PREMISES)" AS A PERMITTED USE. The City has received a privately initiated LDR text amendment from Crazy From The Heat Restaurant, Incorporated. The applicant has submitted the text amendment in order to occupy a tenant space at the Congress Commerce Center located at the southeast corner of Congress Avenue and Lake Ida Road. A related master plan modification application has been processed to change the designation of an associated bay from Light Industrial to Service Industry use. Pursuant to LDR Section 4.4.18(B)(2), the allowed uses with the Light Industrial portion of the development are manufacturing, fabrication, assembly, wholesale, and distribution. Conversely, the Service Industry category allows uses that are primarily engaged in providing an off-site service but which maintains inventory, storage of materials, and a business office at a central location. Examples of these Service Industry uses are plumbers, general contractors, limousine services, computer and data processing services. This type of use will be primarily engaged in providing an off-site service and will maintain inventory, storage of materials, and a business office on-site. The related prohibition of on-site food service is appropriate since restaurants are not consistent with the allowed uses within the Service Industry subsection. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of August 16, 2004. There was no public testimony regarding the proposed amendment. After discussing the amendment, the Board unanimously voted 6-0 (Pike absent) to recommend to the City Commission approval of the proposed amendment to Land Development Regulations Section 4.4.18(B)(4), based upon positive findings with respect to LDR Section 2.4.5(M). Move approval of the text amendment to LDR Section 4.4.18(B)(4) to allow "Food Catering establishments, preparation and storage only (no food served on premises)" as a permitted use in the Service Industry category of the PCC zoning district by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5) and set a public hearing on September 21, 2004. Attachment: Planning and Zoning Memorandum Staff Report of August 16, 2004 and Proposed Ordinance ORDINANCE NO. 50-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.18, "PLANNED COMMERCE CENTER (PCC) DISTRICT", SUBSECTION 4.4.18(B), "Al J.OWED USES", SUB- SUBSECTION 4.4.18(B)(4), "SERVICE INDUSTRY", PROVIDING THAT FOOD CATERING ESTABLISHMENTS, PREPARATION AND. STORAGE ONLY, ARE AN .ALLOWED USE WITHIN THE "SERVICE INDUSTRY" CLASSIFICATION; 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 hearing held on , and voted __ to __ 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 Section 4.4.18, "Planned Commerce Center (PCC) District", Subsection 4.4.18(B), "Allowed Uses", Sub-subsection 4.4.18(B)(4), "Service Industey", 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: (4) Service Industry: Service Industry uses are those which are primarily, engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location. The area which may be devoted to "Service Industry" uses within a PCC is limited to twenty-five percent (25%) of the total land area of that PCC. Repair of equipment and materials associated with the service is also permitted at this central location, except as restricted below. All aspects of these uses must be accommodated within a structure except for overnight storage of vehicles used by the business. Uses which are allowed within the "Service Industry" classification include: · Assembly, fabrication, wholesale, and storage per Section 4.4.18(B)(2) when such use is limited to no more than 5,000 square feet per tenant. · Land Development Services (e.g. surveying, soils testing, mapping, architectural, · Food catering establishments, preparation and storage only (no food served on premises). · Contractor and Trade Services (e.g. general contractor, electrician, plumbers, heating and air-conditiomg specialists, swimming pool maintenance, landscaping services, exterminators, equipment and tool rental). · Repair of office equipment (e.g. typewriters, computers, data processing equipment). Limousine services with no vehicle repair or detailing on the premises. · Business Services (e.g. photocopying/ printing, photofinishing, provision of office equipment and furnishings, delivery services, computer and data processing services). · Limited Retail Trade only as a secondary use within any one building, but only to the extent that the floor area for ail retail use (either accessory to the service industry use or not) shall not exceed twenty-five percent of the floor area of the total building. Although the intent of the PCC does not encourage retailing of items other than at the designated "retail center", additional retail uses may be allowed in the service Industry areas shown on the MDP. Such retail use may involve the sale of products associated with an established service industry use or may involve any of he following products: ·apparel and accessories · appliances · baked goods · building materi~ls and garden supplies · camera and photographic equipment and supplies · furniture and home furnishing · hobbies, games, toys · jeweLry, gifts, novelties · luggage and leather goods · radio, television, and communication products sporting goods Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in reg~dar session on second and final reading on this the day of ,200 2 ORDINANCE NO. 50-04 MAYOR ATI'EST Acting City Clerk First Reading Second Reading 3 O~IN~CENO. 504)4 MEETING DATE: AUGUST 16, 2004 AGENDA ITEM: IV.F. - AMENDMENT TO LDR SECTION 4.4.18(B)(4) TO ADD FOOD CATERING ESTABLISHMENTS, PREPARATION AND STORAGE ONLY (NO FOOD SERVED ON PREMISES), AS A PERMITTED USE IN THE SERVICE INDUSTRY SECTION OF THE PCC (PLANNED COMMERCE CENTER) ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an LDR amendment to Section 4.4.18(B)(4) Service Industry section of the PCC zoning district, Allowed Uses., to add "Food catering establishments, preparation and storage only (no food served on premises)" as a permitted use, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The City has received a privately initiated LDR text amendment from Crazy From The Heat Restaurant, Incorporated. The applicant has submitted the text amendment in order to occupy a tenant space at the Congress Commerce Center located at the southeast corner of Congress Avenue and Lake Ida Road. A related master plan modification application has been submitted to add the Service Industry designation to an associated bay which is currently designated Light Industrial. The request is to allow food catering establishments that prepare and store food only on-site for delivery and consumption off site as a permitted use. A restriction that prohibits food being served on-site is included in the proposal. The applicant has submitted the following narrative that describes the basis for the requested Land Development Regulation text amendment: "...The uses allowed in the PCC District are categorized into 4 groups that consist of: Office Center; Light Industrial Area; Research and Development; and Service Industry. This last category, Service Industry is defined as follows: "Service Industry uses are those which are primarily engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location .... ' This precisely describes the intentions of the applicant's catering establishment. "Crazy From the Heat Restaurant, Inc." wishes to occupy Suite 310 of the Congress Commerce Center (in the PCC District) to serve three functions: Planning and Zoning Board Staff Report LDR Amendment to Add Food Catering Establishment, Preparation and Storage Only (No Food Served on Premises) as a Permitted Use in the PCC Zoning District Page 2 · TO house their Corporate Office for all its businesses (which includes 3 Lucille's Bad to the Bone BBQ Restaurants and the catedng operation); · To Provide warehouse space for storage of equipment, supplies and files; and · To provide a commissary/commercial kitchen for the preparation of food to be taken off premises. All catering will be done off-site in homes, developments, etc. No food will be purchased or served at this facility. The business office, warehouse, and off-site service nature of the applicant is specifically addressed in the Zoning Code's definition of Service Industry noted above in bold. The applicant's request to add the use of "catering" to the list of uses under Service Industry in the PCC District is simply identifying a specific use heretofore not specifically spelled out in the district. Other Cities such as Boca Raton allow Catering in its I~qht industrial district. Boca Raton Zoning Code Division 6. M-1 Light Industrial District states: Sec. 28-1072(dd) "Food catering establishments, preparation and storage only." Therefore, the applicant respectfully requests approval of the text amendment to add the following language to the Service Industry category of Section 4.4.18 Planned Commercial Center District: · "Food Catedng establishments, preparing and storage only (no food served on premises)." Pursuant to LDR Section 4.4.18(B)(2), the allowed uses with the Light Industrial Area designation are manufacturing, fabrication, assembly, wholesale, and distribution. Conversely, the Service Industry category allows uses that are primarily engaged in providing an off-site service but which maintains inventory, storage of materials, and a business office at a central location. Examples of these types of allowed uses are plumbers, general contractor, limousine services, computer and data processing services. Based on a commonality with these uses with respect to the off-site services, the proposed catering business is an appropriate use within the Service Industry category. Furthermore, the prohibition of on-site food service is appropriate since restaurants are not consistent with the allowed within the Service Industry subsection. The purpose of providing categories under a master plan within the PCC district is to maintain a proper balance of uses for the goods and services needed by residents and businesses with the City. This balance will ensure that the City maintains a diverse economic base. LDR Section 2.4.5{M)¢5) {Findin~ls): 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. Planning and Zoning Board Staff Report LDR Amendment to Add Food Catering Establishment, Preparation and Storage Only (No Food Served on Premises) as a Permitted Use in the PCC Zoning District Page 3 COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no specific applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The proposal is not in a geographical area requiring review by the DDA (Downtown Development Authority), CRA (Community Redevelopment Agency) or HPB (Historic Preservation Board). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: r~ PROD r~ President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed text amendment will enable catering companies without an on-site restaurant component in the Service Industry category of the PCC zoning district as a permitted use. Catering services are similar to the existing uses in the Service Industry category with respect to providing an off-site service. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). A. Continue with direction. B. Move a recommendation of approval to the City Commission for the text amendment to LDR Section 4.4.18(B)(4) to allow "Food Catering establishments, preparation and storage only (no food served on premises)" as a permitted use in the Service Industry category of the PCC zoning district by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). C. Move a recommendation of denial to the City Commission for the text amendment to LDR Section 4.4.18(B)(4) to allow "Food Catering establishments, preparation and storage only (no food served on premises)" as a permitted use in the Service Industry Planning and Zoning Board Staff Report LDR Amendment to Add Food Catering Establishment, Preparation and Storage Only (No Food Served on Premises) as a Permitted Use in the PCC Zoning District Page 4 category of the PCC zoning district by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4,5(M)(5). Move a recommendation of approval to the City Commission for the text amendment to LDR Section 4.4.18(B)(4) to allow "Food Catering establishments, preparation and storage only (no food served on premises)" as a permitted use in the Service Industry category of the PCC zoning district by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: · Proposed Amendment Report Prepared by: Scott Pape, Senior Planner (4) Service Industry: Service Industry uses are those which are primarily engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location. The area which may be devoted to "Service Industry" uses within a PCC is limited to twenty-five percent (25%) of the total land area of that PCC. Repair of equipment and materials associated with the service is also permitted at this central location, except as restricted below. All aspects of these uses must be accommodated within a structure except for overnight storage of vehicles used by the business. Uses which are allowed within the "Service Industry" classification include: · Assembly, fabrication, wholesale, and storage per Section 4.4.18(B)(2) when such use is limited to no more than 5,000 square feet per tenant. · Land Development Services (e.g. surveying, soils testing, mapping, amhitectural, engineering). · Food caterinq establishments, preparation and storage only (no food served on premises). · Contractor and Trade Services (e.g. general contractor, electrician, plumbers, heating and air-conditioning specialists, swimming pool maintenance, landscaping services, exterminators, equipment and tool rental). · Repair of office equipment (e.g. typewriters, computers, data processing equipment). Limousine services with no vehicle repair or detailing on the premises. · Business Services (e.g. photocopying/ printing, photofinishing, provision of office equipment and furnishings, delivery services, computer and data processing services). · Limited Retail Trade only as a secondary use within any one building, but only to the extent that the floor area for ail retail use (either accessory to the service industry use or not) shall not exceed twenty-five percent of the floor area of the total building. Although the intent of the PCC does not encourage retailing of items other than at the designated "retail center", additional retail uses may be allowed in the service Industry areas shown on the MDP. Such retail use may involve the sale of products associated with an established service industry use or may involve any of he following products: ·apparel and accessories · appliances · baked goods · building materials and garden supplies · camera and photographic equipment and supplies · furniture and home furnishing · hobbies, games, toys · jewelry, gifts, novelties · luggage and leather goods · radio, television, and communication products sporting goods Memo To: City Commission From: David Harden ~// cc: Date: September 16, 2004 Re: Ordinance Amending In Lieu Parking Regulations The attached ordinance addresses most of the issues I expressed concem about when the Commission last considered this matter at your August 3 meeting. There are still two issues of policy in the ordinance about which I have rese~ations. 1. Paragraph (E)(6) allows applicants to receive a refund of in-lieu fees if they make private on site parking spaces available to the public when they are not needed by the principal use. In my opinion this is allowing in-lieu fees to be used for a temporary, short term solution to a permanent problem. In a relatively short time these spaces could become unavailable to the public again. I believe the City is much better off to use the in lieu fees to construct additional permanent parking as originally intended. Also, many private spaces are available anyway in the off hours, either to the general public or to valet companies. I consider it questionable whether this program would, in reality, add many parking spaces which would not be available anyway, simply because they are not blocked off at night. 2. I continue to have reservations about the proposed limits on the number of in-lieu spaces we allow someone to purchase, especially as these limits apply to conversions of use. There is a tabte in the backup which shows which properties would have been unable to obtain the requested number of in-lieu spaces had these regulations been in effect. Close examination of this table and the comments for those applicants which would be rejected under these new regulations will help you determine whether such limits are appropriate. Recommendation: I recommend that this ordinance be amended to delete paragraph (E)(6), and that very careful consideration be given to whether limiting the number of in-lieu spaces an applicant can purchase will have unintended, undesirable consequences. TO: DAy~ T. HAI~DEN~ CITY MANAGER THRU: PAUL DORLING, DIRECTOR OF PLANNING & ZONING ,q [ I FROM: .' SC~OTT ARU~"~NSO~,~ARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF SEPTEMBER 21, 2004 - REGULAR AGENDA ORDINANCE #35-04 AMENDING LAND DEVELOPMENT REGULATIONS SECTIONS 4.6.9(E) RELATING TO IN-LIEU FEES AND AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR NEW DEVELOPMENT, REDEVELOPMENT AND IN-FILL DEVELOPMENT At the City Commission meting of August 3, 2004 Staff had presented Ordinance 35-04 which had proposed modifications to Land Development Regulations Section 4.6.9(E). The Commission tabled the item based on concerns forwarded by the City Manager (see attached). Staff has revised the proposed ordinance to address those concerns in the following manner: 1. Attached for your review is an analysis of previously approved in-lieu requests evaluating the impact that the proposed modifications would have had on past in-lieu fee requests.. 2. Area 5 has been incorporated into Area 2. 3. Subparagraph (E)(3)(b)(6) has been revised by correcting the formula calculating the number of hours the on-site parking lots would need to be available to the public, clarifying the hours of the day that would be acceptable to receive credit and assessing a minimum number of spaces and length of the agreements. 4. The definition for redevelopment has been modified for clarity. The definition for in-fill development has been retained to differentiate this type of new development allowing it to replace existing parking spaces which will fill in gaps in the existing urban streetscape. This type of new in-fill is consistent with the direction of the Downtown Master Plan. Move approval of Ordinance 35-04 by adopting the findings of fact and law contained in the staff report, and finding that the approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the LDR. Attached: Revised Ordinance 35-04 In-Lieu Fee Distdct Map August 3, 2004 Staff Report Ci~ Manger's Memorandum from August 3rd meeting ORDINANCE NO. 35-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES" TO PROVIDE FOR CHANGES IN THE IN- LIEU PARKING FEE, MAXIMUM NUMBER OF IN-LIEU SPACES THAT MAY BE PURCHASED, ALTERNATIVES TO PURCHASING IN-LIEU FEE PARKING SPACES, AND AMENDING THE IN-LIEU FEE DISTRICT MAP TO REFLECT EXPANSION OF AREA 2; AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR "NEW DEVELOPMENT, REDEVELOPMENT AND IN-FILL DEVELOPMENT"; 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 hearing held on ., and voted __ to __ 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 Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Location of Parkin.q Spaces: (1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E)(3)(e-)~,(b)(5)the cost of construction of additional on-street public parking mayw~h ..... .vw'~ tc v,,~v.'"~°"* *h.....v *..~..~.~.~, ,~......~v,,~, ...... * ,~ ...... .~ .... ;.. ~;.-,, ~ .......... * ,.,;*~- m,~ r'i*,, reduce the number of in-lieu spaces required. (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-Lieu Fee: (a) New Development: New development, except for in-fill development shall be required to provide all required parking pursuant to the Land Development Requlations, and will not be allowed to purchase in-lieu fee parking. The in-lieu fee option will not be available in the event of a chanqe in use or expansion of the property, if either occurs within 2 years of the granting of the Certificate of Occupancy, (C.O.). The in-lieu fee option will be available two years after the date of the qrantinq of the C.O. (b) Existing Buildings: If it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces, and the request for in-lieu spaces will not involve the elimination of existinq parking spaces, except for in-fill development, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (1) The in-lieu fee is authorized only in the CBD, CBD- RC, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein. (2) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in- lieu fees are being sought. Area descriptions, maximum amount of in- lieu spaces available, and corresponding fee amounts are hereby established as follows: (See page 4646 -A for corresponding map). (i) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $14,000 per space. Up to a maximum of three (3) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. (ii) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area; and Block 69 located in the Old School Square Historic Arts District (OSSHAD) - $12,000 per space. Within that portion of the CBD bounded by NE/SE 1st Avenue on the west, NE Ist Street on the north, the ICW on the east and SE 1st Street on the south, up to a maximum of three (3) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. Throuqhout the remainder of Area 2, up to a maximum of seven (7) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. (iii) Area 3: Parcels located within the OSSHAD zoning district except for Block 69 as noted in Area 2 and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC~ - $6,000 per space. Within that portion of the OSSHAD bounded by Swinton Avenue on the west, NE 1st Street on the north, NE/SE 1st Avenue on the east and SE 1st Street on the south, up to a maximum of three (3) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. Throu,qhout the remainder of Area 3, up to a maximum of seven (7) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. (iv) Area 4: Parcels located within the West Atlantic Avenue Overlay District with commercial zoning desiqnations '"'~'~-~'.....v.. ~.v ....... -~..~-'~ GC - $4,000 per space. Up to a maximum of seven (7) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. (3) All proceeds from such a fee shall be used for parking purposes. (4) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (5) In addition to in-lieu fees due, where adequate right- of-way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on- street parking, not to exceed the total amount of spaces subject to in- lieu fees unless authorized by the City Commission. The applicant will be credited up to one-half of a parking space for each full parkin.q space constructed within public ri.qht-of-way. (For example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant constructs 4 spaces in the right-of-way; the app cant must on y pay the in-lieu fee for 2 spaces). Creditin.q of spaces constructed in the right-of-way resultinq in a fraction shall be rounded down. Tho tctc! !n !iou foe duc cbc!! bc OVeRt + ...... ,4 *..*,.l ;,. I;~.,, .F...-..-- .F..,- +~ ...... +"'""* S~DCOB ,.,,,.~, .F,,,..;, ...... a ~.,,,`4 .... ~.,., Credit may not be taken for those parking spaces constructed in the public ri.qht-of-way--stceet-eea~ clements lists'~_ ... ~'' -v~..v..e""*~"" A..A.. 13(I)(2)(f) which are required to meet the performance standards for new developments or redevelopment, in tho (6) As an incentive to create a shared parking pro.qram an applicant may receive a refund of in-lieu fees by enterinq into an aqreement with the City allowJnq the utilization of private on site parkJn.q spaces by the .qeneral public during off hours of the principal use and between the hours of 7:00 AM and Midnight. The term of the aqreement will be one {1) year for each in-lieu of space approved or calculated by dividinq the total in-lieu fee paid by the current parkJn.q meter fee {$6.75 per hour) with the resulting total beinq the number of hours the lot{s) must be available to the .qeneral public~ whichever is qreater. Ail spaces in the lot{s) must be made available, but no less than the number of in- lieu spaces approved. The in-lieu fee, paid upon the issuance of a buildinq permit, wJJl be held in a non-interest bearJnq account until the satisfaction of the terms of the Aqreement. After satisfactory completion of the agreement, the in-lieu fees would be refunded to the applicant or the applicant's successor in interest. Failure to complete the terms of the agreement will result in forfeiture of any refund. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The City Attorney shall approve the form of the agreement. Section 2. That Appendix "A" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: NEW DEVELOPMENT: The construction of a building(s) or other improvement(s) on vacant property or a new stand alone buildinq on a developed property. REDEVELOPMENT: Any proposed expansion, addition or maior fa(;ade chan.qe to an existinq buildinq or structure. IN-FILL DEVELOPMENT: The development of vacant property{s) surrounded by buildings on two (2) or more sides or the redevelopment of properties includinq the reconstruction and repositioninq of buildin,qs to the front setback of the property. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_. MAYOR ATTEST: City Clerk First Reading Second Reading TO: DAVID T. HARDEN, CITY MANAGER THRU: PAUL DORLING, DIRECTOR OF PLANNING & ZONING FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF AUGUST 3, 2004- REGULAR AGENDA ORDINANCE #35-04 AMENDING LAND DEVELOPMENT REGULATIONS SECTIONS 4.6.9(E) RELATING TO IN-LIEU FEES AND AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR NEW DEVELOPMENT OR REDEVELOPMENT At the meeting of June 24, 2003 the Parking Management Advisory Board directed Staff to develop more stringent criteria to the in-lieu of fee program. The Board's concern centered around the interpretation of LDR Section 4.6.9(E)(3) by applicants that the purchase of in-lieu parking spaces is an entitlement and can not be denied or minimized. Between July, 2003 and January, 2004 the PMAB discussed numerous recommendations including evaluating utilization of parking lots in the vicinity of projects requesting in-lieu spaces, limiting in-lieu requests based on types of use, and increasing fees for spaces in excess of established maximum number of in-lieu spaces. After these meetings a scaled down set of regulations emerged and was endorsed by the PMAB in January. The Planning & Zoning Board considered these LDR changes at their meeting of April 19, 2004 and after significant discussion the Board continued the item and directed staff to work with the PMAB to further modify the recommendations. The modified recommendations were approved by the Planning & Zoning Board at their meeting of July 19, 2004 and are summarized as follows: · Limiting the number of in-lieu spaces to three (3) or seven (7) based on Geographic area; · Not allowing the purchase of in-lieu spaces if the proposed request requires the elimination of existing parking spaces; · Requiring all new development or redevelopment entailing the demolition and reconstruction of buildings to provide all required parking; · The creation of Area 5 and raises the in-lieu fees from $6,000 to $12,000 in this area; · Allows partial crediting to developers for the construction of on-street parking spaces adjacent to projects rather than reimbursement of the cost of construction; · Develops a shared parking program through incentives to utilize private parking lots off hours of the principal use. Historic Preservation Board (HPB): The proposed amendment was reviewed by the HPB on December 3, 2003. The Board recommended approval. City Commission Staff Report Ordinance 35-04 / Modifications To The In-Lieu Program Page 2 Site Plan Review and Appearance Board (SPRAB): The proposed amendment was reviewed by the SPRAB on December 3, 2003. The Board recommended approval. Pineapple Grove Main Street Board (PGMS): The proposed amendment was reviewed by the PGMS on December 8, 2003. No formal action was taken by the Board. West Atlantic Redevelopment Coalition (VVARC): The proposed amendment was reviewed by the WARC on December 10, 2003. The Board felt that the imposition of any restrictions or modifications to the program might stifle development in the area and requested that the West Atlantic corridor be excluded from any proposed modifications. Community Redevelopment Agency (CRA): The proposed amendment was reviewed by the CRA on March 19, 2004. The CRA Director suggested that developers should somehow be credited for the construction of on-street parking spaces in the public right-of-way. This was addressed and incorporated into the final draft of the ordinance. The Board recommended approval. Downtown Development Authority (DDA): The proposed amendment was reviewed by the DDA on March 19, 2004. The Board recommended approval. Parking Management Advisory Board (PMAB): This final draft of the proposed amendment was reviewed by the PMAB on February 25, 2004. The Board recommended approval. Move approval of Ordinance 35-04 by adopting the findings of fact and law contained in the staff report, and finding that the approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the LDR's. Attached: Ordinance 35-04 In-Lieu Fee District Map E o ~ E o E 8~.oo '~ --- '~ c ~ ~.E ~§_~ ~8 = *~8 ~8 ~o o ~ ~ ~ ~ o ~ ~ ~ ~ · ~ >~ ~ o - ==~ o=== ~ ~ = ~ = ~ E,= ._ ooo == ~9 ~<~ ~ ~ ooo.~o~0~ '- om~e~ 888 ~ >>> ~Eem~ ~°~=~ -8°~- ~o~.>~ ~ ~ ~o o z ~ ~ ~ z ~ o u o ~ ~s ~ ~ ~ ~ ~ ~~°° ~ - ~ ° °,°~== . ~ ~ o ~ ~=== ~ ~ = ~ ° ~ ~ ~ ~.[ z Z~ Z Z ~ ~ o o ~o~ ~ >~ Z Z o~0 ~ oO m >oo o oo~oo o mooo o o 0 2 ~ o ~ ,fi 0 ~o ~ mo~o m MelTtO To:. City Commission From: David Harden CC= Date: September 1, 2004 ' Re:. LDR Amendments Relating to In-Lieu Fees I have placed this on the agenda because it has already been advedised. I recommend that the Commission hold the public hearing to receive comments on the ordinance, but then table the ordinance for the following reasons: 1. Attached is a table listing all the projects which have paid in-lieu fees. I believe this should be reviewed to evaluate the impact on these projects if the proposed limitations on the number of in-lieu parking spaces had been in place. 2. Rather than creating an Area 5, that area should be added to Area 2 since the areas are adjacent and have the same fee amounts. 3. Subparagraph (E)(3)(b)(6) is not worded correctly, and even if it were, I believe it would still be unclear. 4. In paragraph (E)(3), subparagraph (a) deals with New Development and subparagraph (b) with Existing Buildings. It is not clear to me where Redevelopment and In-fill Development fit. Also I question whether expansion of or additions to existing buildings should be included in Redevelopment. In my opinion, the definitions need to be improved. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t//I SUBJECT: AGENDA ITEM # ~ (3~_~. REGULAR MEETING OF SEPTEMBER 21, 2004 ORDINANCE NO. 53-04 (AMENDING CHAPTER 51 "GARBAGE AND TRASH") DATE: SEPTEMBER 17, 2004 This ordinance is before Commission for second reading and public heat/ng to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regmlar Cha~es Levied" in accordance with the awarded contract to Waste Management, Inc. of Florida; garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. Waste collection charges are being increased by 2.3%. These rates go into effect October 1, 2004. At the first reading on September 7, 2004, the Commission passed Ordinance No. 53-04. Recommend approval of Ordinance No. 53-04 on second and final reading. S¢\Cit~ Cletk\a~enda mem~.Ord. S3~4.Gatbase Inc~eaae.09-21-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # [ ~O._.~ REGULAR MEETING OF SEPTEMBER 7. 2004 ORDINANCE NO. $$-04 (AMENDING CHAPTER 51 "GARBAGE AND TRASH") DATE: SEPTEMBER 3, 2004 This ordinance is before Commission for first reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" in accordance with the awarded contract to Waste Management, Inc. of Florida; garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. Waste collection charges are being increased by 2.3%. These rates go into effect October 1, 2004. Recommend approval of Ordinance No. 53-04 on first reading. If passed, a public heating will be scheduled for September 21, 2004. S:\City Clerk\agenda memos. Ord.53-04.Garbage Increase.09-074)4 ORDINANCE NO. 53-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2005; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF Dl~J.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Ca,ts Monthly Service Cost Per Unit Garbage Collection $ 2.7~ 2.81 Rcy ling ~n 53 e c I.~ 1. Yard Trash 1 Total Fees - Contractor $ 6.17 6.30 Cart Replacement 0.90 0.90 Administrative Fee 0.35 0.35 Franchise Fees (5%) ~n ~ 0.32 Total Fees $ 7.?~ 7.87 Rear-door Owner Container Monthly Service Cost Per Unit Garbage Collection $ 8.72 8.92 ling ~'~ Recyc 1.~v 1.53 Yard Trash 1.92 1.96 Total Fees - Contractor $ ..... 12.41 Administrative Fee ~v..~ 0.35 Franchise Fee (5%) ~n z~ 0.62 Total Fees ~aa an 13.38 Cuthside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $1.77 1.1~1 cycling =n 53 Re 1.ov 1. Yard Trash 1.92 1,96 Total Fees - Contractor $ ~.19 5.30 Administrative Fee 0.35 0.35 (5%) ~ -' Franchise Fee ~ 0.27 Total Fees $ .... 5.92 (B) Multi-F~,~ily Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall be based on a per unit charge. These monthly rates assume two (2) pick ups per week. If the amount of refuse generated requires more than two (2) pick ups per week, then the third (3rd) and 2 Ordinance No. 53-04 all subsequent collections shall be charged by the Contractor at the commercial collection rate only. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $2.07 $2.12 Recycling a oo 0 90 Total Per Unit Fee-Contractor $ .... 3.02 Administrative Fee v.~n a~ 0.35 (5%) Franchise Fee .... 0.15 Total Monthly Fees Per Unit~ .~__~_e~ A r $3.52 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: 3 Ordinance No. 53-04 Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) 2 yd 1 2 3 4 5 6 7 11.50 22.48 34.51 45.99 57.50 68.99 80.49 D~posfl 16.28 32.56 48.~ 65.12 81.~ 97.68 113.97 Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Total Contractor Fees $ ..... $ ..... $ ...... $ ...... $ ...... $ ...... 212.05 47.1~ 74.44 102.75 130.51 158.30 186.07 213.8(~ Franchise Fees (50/0) 2.36 3.72 5.14 6.53 7.92 9.30 10.69 Total Fees $49~7- 49.54 78.16 107.89 ~37.04 166.22 195.37 224.55 3 yd Collection $ ..... $ 3~.7~ $ .....$ ..... $ ..... $ 101.17 II°...02 17.25 34.51 ~1.74 68.99 86.24 103.50 120.73 Disposal 24.42 48.84 73.26 97.68 122.11 146.53 170.95 Container Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Total Contractor Fees $ ..... $ ...... $ ...... $ ...... $ L1~74~ $ ...... 319/11 63-11 104.79 1.46-44 188.11 229,79 271.47 313.12 4 Ordinance No. 53-04 Franchise Fees (5%) 314 =~n 726 nn~- ~n ,.~ ,r. ,rr.~ 3.16 5.24 7.32 9.41 11.49 13.57 15.66 Total Fees $ ..... $1~9.2! $-l&2J.$4 ~ lrn3gO6M ~oo~ ~,~ ~,~ n~ 66.27 110.03 153.76 197,~2 241.28 285.04 328.78 4 yd Collection $22.".8 $ ..... St~A onn~ ~nan ~aoo ...... 23.00 4~.99 6~.99 92.00 114.99 137.98 D~posfl 32.56 65.12 97.68 130.25 162.81 195.37 227.93 Con.er M~tenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 22.21 To~ Con.actor Fees $ 77.25 $ ...... ..~,.~oe*°' ~ ~,. ~n ~n. ~ ~. ,~ 77.77 133.32 188.88 2~.46 500-01 355.56 41~.12 Franc~se Fees (5%/ · o~ ~ t~ n a, 12 12 ~ a on 17 62 3.89 6.67 9.~ 12.22 15.00 17.78 20.56 81.66 B9.99 198.32 256.68 3~.01 373.34 431.68 6 yd Collection $ ..... 34.51 68.99 103.50 1~7.98 172.49 206.98 241.48 Disposal 48.84 97.68 146.53 195.37 244.21 293.05 341.90 Container Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Total Contractor Fees $ ...... 108.88 192.20 275.56 358.88 442.23 525.56 608.91 Franchise Fees (5%) 5 41 5.44 9.61 13.78 17.94 22.11 26.28 30.45 5 Ordinance No. 53-04 Total Fees e112 114.32 201.81 289.34 376.82 464.34 551.84 639.36 8 yd Collection 45.99 92.00 137.98 183.98 229.97 275.97 321.96 Disposal 65.12 130.25 195.37 260.49 325.62 390.74 455.86 Container Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Total Contractor Fees $ ...... $ ...... $ ...... $ ...... $ ...... 138.20 249.34 360.44 471.56 582.68 693.80 804.91 Franchise Fees (5%) ~ o~ ~ ~ az ~ ~ o-~ ~a an ~o oo ?, ?, ~n oo 6.91 12.47 18.02 23.58 29.13 34.69 40.25 145.11 261.81 378.46 495.14 {jll,~l 728.49 845.16 6 Ordinance No. 53-04 Commercial Front-Load Compacting Containers 1 2 3 4 2 yd Collection $ ..... 17.94 Disposal 61.09 Total Contractor Fee 79.02 Franchise Fee (5%) ~.92 3.95 Total Fees $ ..... $82.97 3 yd Collection 53.82 Disposal 183.19 Total Contractor Fee 237.01 Franchise Fee (5%) 11.79 11.85 Total Fees $ 248.86 5 yd Collection $ ..... ~ TM e° 44-~ 134.54 Disposal 152.62 457.91 Total Contractor Fees "..~ ~-. ~,~ ~ oo~.E°n ~,~ 197.46 592.45 F hi F (5%) n o,~ ~n ~ 9.87 29.62 To~ Fees ~n~ ~ ~ o nn 207.33 622.07 6 yd CoRection $ ...... 215.25 Disposal 732.64 7 Ordinance No. 53-04 Total Contractor Fees 947.89 Franchise Fees (5%) 47.!5 47.99 Total Fees $999.29 995.28 Commercial/Multi-Family Rolloff Co~t~i~ers: Open-top rolloff container $9.5.57 98.79 per pickup plus disposal cost Compactors $9.5.57 98.79 per pickup plus disposal cost; PLUS monthly container rental 15 Yard $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard $395.00 Excludes commercial recycling containers and construction/demolition debris. Commercial 95-Gallon Cart Service Pickups Per W¢~k Collection Disposal Container Monthly Charge Fr. Fees Total Fees ! $ 2.75 2.81 $ 8.14 $2.00 $ ..... 12.95 $ .... 0.65 $ I~.5~ l~.~O 2 5.51 5.64 16.28 2.00 23.79 23.92 1.19 1.20 ?.98 ~.12 ~ g.2.5 8.45 24.42 2.00 34.40,8 34.87 1.73 1.74 36~4- 36.61 4 ?.nn. vv 11.25 32.56 2.00 A=,~.~=~45.81 2.28 2.29 A.,, .~°A, 48.10 5 13.7,5 14.08 40.70 2.00 5~.~,,5 56.78 2.82 2.84 59.2g 59.62 6 ~r.~r.....~. 16.62 48.84 2.00 ~z'nn, .~. 67.46 o.~aae3.37 .nAA, ~. , , 70.83 8 Ordinance No. 53-04 NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 2003 2004. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 2004. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. MAYOR ATfldST: City Clerk First Reading Second Reading 9 Ordinance No. 53-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER2~! SUBJECT: AGENDA ITEM # [~ - REGULAR MEETING OF SEPTEMBER 21. 2004 ORDINANCE NO. 55-04 (AMENDING CHAPTER 53 "SANITARY SEWERS") DATE: SEPTEMBER 17, 2004 This ordinance is before Commission for second reading and public hearing to amend Chapter 53 "Sarfitary Sewers", of the Code of Ordinances by modifying Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for an eight percent (8O/o) increase in User Charges and an increase of $0.045 per 1,000 gallons for treatment costs. This increase is from the South County Regional Wastewater Treatment and Disposal Board (SCRWTD). These new rates go into effect on October 1, 2004. At the first reading on September 7, 2004, the Commission passed Ordinance No. 55-04. Recommend approval of Ordinance No. 55-04 on second and final reading. S:\Ci~y Clerk\agenda memo~.Otd 55.04.Soverlncrease.9.21.04.doc ORDINANCE NO. 55-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2005; PROVIDING A GENERAL REPE.AI.gR CLAUSE, A SAVING CLAUSE, AND AN EFFECTWE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of sewer services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF Dt~I.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection 53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) The following rates and charges shall be collected from the users of the City sewerage system: (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the munidpally-owned sewerage system, according to the following schedule: Residential Inside City Outside City (a) Capadty charge (per residential dwelling unit): 10.95 11.83 loa.59 14,79 Residential Inside City Outside City (b) Commodity charge (based on metered water with maximum fl2000gall ) ~ 144 ~'-'- 180 (c) South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) v.v~t~ o~ 0.865 ~-.v~n~ 1 .01~ NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there will be a capacity charge as set forth above. (2) Nonresidential/commercial ~m~ts. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Nonresidential/Commercial Inside City Outside City (a) Capacity charge (per meter): 3/4-inch meter $ ~9.95 11.83 $ ~3..59 14.79 1-inch meter ~o.v..v~o 19.74 ~.,.o~ oe 24.68 1-1/2 inch meter o~.ar, a~,. 39.33 ~=,.....o=a 49.17 2-inch meter ~._.~° ,~n 62.95 ~'~, ..v.°~ 78.69 3-inch meter ~n.., .~-r.~ 137.83 ~..~en ea 172.29 4-inch meter _...~ '-~. 24~ · 01 _~,~°'~ .~one 310.01 6-inch meter ~.~.~,~n a-~ 551.20 ~,..~za~ hr_ 689.00 2 ORD. NO. 55-04 8-inch meter v, ~.,,v°'~ ~ 945.65 1,07. .50 1 .182.06 10-inch meter ~ ~or. A~ 1.497.32 ~ ~ a~ 1.871.65 ~) Co~ ch~ge: Ci~ ~er 1,0~ ~ons) ~ ~ 1 ~ ~ ~ 1 ~0 (c) Sou~ Cen~ Re~onfl Wastewater Trea~ent md Disposfl Bo~d 000 0 0 08 er 1, on ~ ~ 865 ~ n~ 1 NOTE (1): For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or sewer setwice is available the capacity charge will be set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. (3) Sewerage flow determination. The number of gallons of monthly sewerage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be used to measure actual sewerage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 3 ORD. NO. 55-04 Section 4. That this ordinance shall become effective on October 1, 2004. PASSED AND ADOPTED in regular session on second and final reading on this the day of ~ 2004. MAYOR ATI'ISST: Acting City Clerk First Reading Second Reading 4 ORD. NO. 55-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM $$ [ ~ 'va. - REGULAR MEETING OF SEPTEMBER 21. 2004 ORDINANI~E NO. 56-04 (.AMENDING CHAPTER 52 "WATER") DATE: SEPTEMBER 17, 2004 This ordinance is before the City Commission for second reading and public hearing to amend Chapter 52 ''Water" of the Code of Ordinances by modifying Section 52.34, "Water Rates" to provide for a two percent (2%) increase in residential, nonresidential, and irrigation rotes for FY 2005. These new rates go into effect on October 1, 2004. At the first reading on September 7, 2004, the Commission passed Ordinance No. 56-04. Recommend approval of Ordinance No. 56-04 on second and final reading. S:\City Clerk\agenda memo~ \ Ozd. S6-O4.Water Increase 09-21-04 ORDINANCE NO. 56-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCKEASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2005; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTWE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLOR_IDA, AS FOLLOWS: Section 1. That Tide V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", subsection 52.34(B), of the Code of Ordinances of the City of Delray Beach, Hot{da, is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Residential Inside City Outside City Customer charge (per meter) $ ',.~-,~ 1.53 ~-.vv°° 1.91 Capacity charge (charged to all customers, per residential d llingunit) ~c~ 919 ~'~ 1148 Commodity charge (all metered consumption-per 1,000 g llons) Zero to 3,000 gallons 1.24 1.26 1.55 1.5~8 4,000 to 20,000 gallons !.36 1.39 1.70 1.73 21,000 to 35,000 gallons ~..~v~1.53 '..vv°° 1.98 36,000 to 50,000 gallons I.,53 1.66 2.0~ 2.08 Above 50,000gallons 1.2,5 1.90 2.33 2.37 Nonresidential and Irrigation Customer charge (per meter) ~ .... 1.53 $ .... 1.91 Capacity charge (based upon meter size): 3/4-inch meter 9.490 9.18 11.25 11.48 lin h ,~m 1531 ~o.r. 1914 - c meter ....,,. ....... 1 1/2in h .nn~ 3055 a';A~ 3819 - - C meter ............ 2-inch meter ~',, ..~ 48.91 o...~n hA, 61.14 3-inch meter ,n~.~,..~.r. 107.06 *~.~...~'~133.82 4-inch meter ~. ~.~.°° on 192.67 ~o~.~- ~ ~240.83 6-inch meter ~,...,~n ~'*, 428.17 ~,..,.r"'~ '~ 535.21 in h ,~n~ 733 92 o~ 917 40 8- c meter ....... ~. ...... lO-inch meter ~ ~ an ~n ~ ~ ~ ~ ., ......1.162.08., ...... 1.452.59 Commodity charge (all metered consumption-per 1,000 gallons) !.3,5 1.39 1.70 1.73 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO. 56-04 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declaxed to be invalid. Section 4. That this ordinance shall become effective on October 1, 2004. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. MAYOR A'I'I'EST: Acting City Clerk First Reading Second Reading 3 ORD. NO. 56-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~fi~ SUBJECT: AGENDA ITEM # ~O :3' o REGULAR MEETING OF SEPTEMBER 21. 2004 ORDINANCE NO. 54-04 (.OCCUPATIONAL LICENSE FEES) DATE: SEPTEMBER 17, 2004 This ordinance is before Commission for second reading and public hearing to amend Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five percent (5%) increase in all occupational license tax fees effective October 1, 2004. In 1993, the Legislature amended Chapter 205 of the Florida State Statutes with the passage of SB 364. This bill provided an oppommity for municipalities and counties to reclassify businesses, professions, and occupations and revise rote structures if certain conditions were met by October 1, 1995. In compliance with these conditions, the City Commission appointed an Equity Study Commission to review and make recommendations on our license tax fee structure, and subsequently enacted the recommended changes to Chapter 110 with the adoption of Ordinance No. 35-95 on July 11, 1995. The amendments to Chapter 205 also established authority for governments to increase license taxes every other year by up to five percent (5%). The proposed increase would be the third increase in the approved fees since the passing of SB 364. The occupational license fees currently in effect were adopted on September 3, 2002 via Ordinance No. 37-02. A majority of the classifications are assessed a flat fee of $136.00 which will be increased to $142.00. All exceptions are detailed under Section 110.15. At the first reading on September 7, 2004, the City Commission passed the Ordinance No. 54-04. Recommend approval of Ordinance No. 54-04 on second and final reading. S:\C. it~ Clerk\agenda memos\O~d 54-04 09.21.04 MEMORANDUM DATE: August 23, 2004 TO: David Harden, City Manager FROM: Lula Butler, Director, Community Improvement RE: First Reading of Ordinance No. 54-04, Amending Section ~110.15 of the City's Code of Ordinance Increasing Occupational License Fees ITEM BEFORE THE COMMISSION: First reading of Ordinance #54-04 amending Section 110.15 of Chapter 110 the City's Code of Ordinance governing the requirement for licenses and assessed fees. The amendment provides for an across-the-board 5% increase in the individual license tax paid to the City by the persons engaging, managing or transacting an occupation or profession annually. BACKGROUND: The State Legislature amended Chapter 205 of the Florida State Statutes by the passing of SB 364 in 1993. The amendments to Chapter 205 established authority for governments to increase licenses taxes every other year by up to 5%. The Occupational License fees currently in effect were adopted by this Ordinance in 1995. This is the third increase in the approved fees since the passing of SB 364. The second increase of 5% was adopted September 3, 2002. The first fee increase of 4% was adopted August 4, 1998. Staff is recommending a 5% increase in all individual fees as amended under Ordinance 54-04. A majority of the classifications are assessed a flat fee of $136.00, which will be increased to $142.00. All exceptions are detailed under Section 110.15. RECOMMENDATION: Staff is recommending that the City Commission adopt Ordinance 54-04, amending Section 110.15 of the Code of Ordinance, providing for a 5% increase in all Occupational License Fees effective October 1, 2004. The Ordinance should be made effective immediately to coincide with the City's renewal notice and process. ORDINANCE NO. 54-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENEKAI.I.Y", SECTION 110.15, "LICENSE TAX SCHEDULE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR AN INCREASE IN OCCUPATIONAL LICENSE FEES: PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Chapter 110, "Occupational License Generally", Section 110.15. "License tax Schedule", of the City Code establishes the individual license tax required to be paid annually to the City by persons engaging in or managing or transacting an occupation or profession; and WHEREAS, pursuant to Chapter 205, Florida Statutes, the City Commission has determined it to be appropriate to increase said occupational license fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~¢ction 1. That Title XI, "Business Regulations", Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 110.15 LICENSE TAX SCHEDULE. The following enumerated individual license tax shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: Classification All Fees ,,.~v.v.~a~ ,~,~ $142.00, except as noted ABSTRACTING Land title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax. ACADEMY OF MUSIC ADULT ENTERTAINMENT ADVERTISING Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other adverting matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay an annual license tax. ADVERTISING Agencies engaged in the business of bill posting shall pay a license tax, per year. ADVERTISING OFFICE, PUBLIC RELATIONS ~,I.I EYS, BOWLING, BOXB3H. OR TENPINS Each lane e ~ ,m $23 O0 AMBULANCES S p fr dertaking h e -~ ~ $80 33 AMUSEMENT PARLORS OR CONCERT HALLS APARTMENT, ROOMING HOUSES ding Id e ~ ~ $5 78 Per room, exclu tchen & bathrooms ~ ..... AQUARIUM ARMORED CAR SERVICE Each vehicle ~ -~r. =r~ $80.33 ART G.,n t J .ERY (1) Art studio, workshop, classes (2) A~dst, commercial (3) Artist material or supplies (SEE MERCHANTS) (4) Artist's outdoor sale: Each sale, first day ,e ~..vvan ot~ $34.44 Each day thereafter e~ ~...vv ~ n~ $11.55 ASTROLOGIST, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS These activities and others of a similar natm:e, whether or not in connection with another business, charging fees, shall pay a license tax. ATHLETIC CLUB, GYMNASIUM AUCTIONEERS 2 Ordinance No. 54-04 AUCTIONS AUCTION, REAL ESTATE Per clay AUTOMATIC AMUSEMENT MACHINES, GAMES OR DEVICES, DISTRIBUTOR Annual fee Note: It is understood that this shall not be construed to license or permit operation or display of gambling devices. AUTOMATIC GAMES AND DEVICES Or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this chapter. Each machine or apparatus~e ~.,.vuA ~.n $ 57.33 AUTOMATIC TRADE MACHINES Where only incentive to operate same is to procure such a gum, nuts and like Each machine ~ ~ on $ 34.44 AUTOMATIC WEIGHING MACHINES DISTRIBUTOR Each machine~e ~. ~..vvnn $ 11 .55 AUTOMOBILE OR MOTOR VEHICLES, TRUCKS, FARM TRACTORS AND FARM IMPLEMENTS~ MOTORCYCLES (1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to indude repairs. (2) Each additional display lot. (3) Rental of vehicle not to exceed 30 days as replacement for vehicles undergoing repairs by agency. AUTOMOBII-£ (1) Automatic car wash, not in connection with other business (2) Automobile association (SEE INSURANCE) (3) Driving School (4) Parking lots, commercial, each lot (5) Repair shop or garage, in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit $ a.g.70 $45.89 Each additional unit $11.0O $11.55 (8) U-Drive rentals 3 Ordinance No. 54-04 (9) Upholstering tops, seat covers and the like (10) Automobile used parts, dealers in, used for purposed other than junk (11) Wrecker service, towing (12) Auto deruiling AUTOMOBILE SERVICE STATION Washing and polishing, greasing, lubrication and like servicing of automobiles, selling gasoline and oil, but not include repair work and not include the sale of merchandise required to licensed otherwise by ordinance under MERCHANTS. AUTOMOBII.IZ. SERVICE STATION Selling merchandise other than petroleum products used in greasing and lubrication shall pay the MERCHANTS license on other merchandise in addition to the foregoing. BABY SITTER SERVICE e~_~ ~_~ $68.88 BAGGAGE OR FREIGHT TRANSFER COMPANY BAKERY Wholesale and retail, each store B,~I.I. ROOMS FOR PROFIT BAihIKS (National and State chartered) SAVINGS AND LOAN ASSOCIATION (per Section 5219 Revised Statutes 12 U.S.C. 548) BANKRUPTCY, CLOSING OUT, TRUSTEE SALE (SEE FIRST SALE) BARBER SHOPS BEACH EQUIPMENT (Subject to bids to thc Commission) BEAUTY SHOPS BIB!,F-~ HOLY - SOLICITORS BICYCLE SHOP, both retail and repair BH-I-IARD, POOL OR BAGAT~-~.~.R TABLES For profit, each table ~e ~rA..vvr-e~ $57.33 BIRDS 4 Ordinance No. 54-04 Dealers BLUEPRINTING SERVICE Maps, plats and the like BOAT AGENCIES, NEW/USED Each lot, not to include repairs BOATS FOR HIRE Fishing, cruising or sightseeing (each boat) BOAT HOUSES Storage only BOAT MARINAS, DOCKAGE, YACHT BASINS BOAT REPAIR BOILER, MACHINE SHOPS OR FOUNDRIES BONDSMAN, BAIL BONDS BOOK MAGAZINE SOLICITORS Per week e ~A aa $57.33 ~ ~, nn $23 00 Per person Interstate commerce No fee BOOKKEEPER/ACCOUNTANT, not C.P.A BOOT AND SHOE REPAIR SHOP BOTTLING WORKS BROKERS Stocks, bonds, mortgages, customs and others BUII.DING INSPECTOR BUI!-DING AND LOAN ASSOCIATIONS (SEE BANKS) BURGLAR ALARM COMPANY BUS STATION, intrastate business only 5 Ordinance No. 54-04 BUSINESS OFFICE BUTCHER SHOP CABINET SHOP CARPET AND RUG CLEANING Each location CATERERS Fix d b bil h tru k ~ ~'~ ~'~ $57 33 CERAMIC STUDIO CHEMICAL COMPANIES CHRISTMAS TREE SALES Season only, each lot CITRUS FRUITS AND VEGETABLE RETAIL (SEE MERCHANT) CLAIM AND COI.I-ECTING AGENCIES CLEANING, PRESSING, DYEING (SEE LAUNDRIES) CLOTHING Secondhand dealers COLD DRINK STAND (SEE MERCHANT) COLD STORAGE All types COMMISSION MERCHANTS Handling shipments (other than specifically provided for herein) on commission basis COMPUTER SERVICE CONCRETE PRODUCTS (SEE MANUFACTURER) CONCRETE READY-MIX PLANT CONTRACTORS 6 Ordinance No. 54-04 (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and siroilar contract work) (3) Structural and reinforced iron and steel (4) Subcontractors and other as listed: a. Concrete, stone, brick b. Electrical c. Heating and ventilaling d. House movers e. Masons f. Plasterers g. Roofing h. Sheetxnetal and tinsmith i. Septic tank j. Tide k. Well drilling 1. Floor sanding and finishing m. Lathers n. Plumbers (5) Any person who shall accept orders to be engaged in the business of accepting orders or contracts on cost plus fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure req, firing the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron metallic piping, tm, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this chapter. CONVALESCENT HOME (NOT SANITARIUM) Chapter 400, Florida Statutes, zoning, State Depamnent of Health and Rehabilitative Sen, ices regulation. COSTUME, CLOTHING RENTAL CREDIT BUR F.&US DAIRIES (Milk distributors, jobbers or creameries delivering milk) 7 Ordinance No. 54-04 Each truck e .,~ =n $80 33 DANCE 1-LA I .I .S DANCING SCHOOLS DATA PROCESSING (SEE PROFESSIONAL) DEALERS IN SECOND HAND FIREARMS This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. DELICATESSEN DENTAL SUPPLIES DENTAL TECHNICIAN LABORATORY DEPARTMENT STORES (SEE MERCHANTS) DETECTIVE AGENCY Each location (State certificate) DISTRIBUTOR DOG AND PET GROOMING Sale of supplies, (SEE MERCHANTS) DRESSMAKING, HEMSTITCHING (No stock carried) DRUGS, retail dealer (SEE MERCHANTS) DRY CLEANING (SEE LAUNDRIES) ELECTRIC LIGHT AND POWER COMPANIES EMIGRANT AGENTS Including any agent, solicitor or recruiter engaged in the business of biting, enticing or soliciting laborers or emigrants. EMPLOYMENT AGENCIES 8 Ordinance No. 54-04 ENGRAVERS OR LITHOGRAPHERS EXPORT OR IMPORT COMPANIES EXPRESS COMPANIES (Intrastate only) EXTERMINATORS (State certificate) FERTILIZER MANUFACTURERS - MIXING PLANT FIRE EXTINGUISHER SALES, SERVICE FIRE AND WRECK SALES (When not conducted by bona fide business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or wreck, each FISH AND POULTRY MARKET FISH PEDDLER (SEE PEDDLERS OF MERCHANDISE) FISHING TACKLE (SEE MERCHANTS) FLORISTS OR DF_~I.1Z. RS IN FLOWERS, Each FOOD LOCKERS - COLD STORAGE FRUIT, VEGETABI.~. STAND\ FUMIGATING (SEE EXTERMINATORS) FURNITURE AND HOUSE FURNISHING (SEE MERCHANTS) GAS COMPANIES (1) Distributing and selling gas (2) Selling bottled gas (3) Gas tank wagon delivet~ only GASOLINE AND OIL DISTRIBUTORS Wholesale, storage facilities in the City of Delray Beach GOLF COURSES, Each GOLF DRIVING RANGE, Each Orrlinance No. 54-04 GOLF, MINIATURE, Each GUARANTY OR SURETY TITLE COMPANIES GUARD, PATROL SERVICE (SEE DETECTIVE AGENCY) GUNS, sales or repair Need Federal firearms dealers license HARNESS AND SADDLERY (SEE MERCHANTS) HOME OCCUPATION HOSPITAL, SANITARIUM HOTELS Per room, excluding kitchens and bathrooms ~e oe.oven $5.78 HYPNOTISTS Must meet requirement set forth in Florida Statutes Chapter 456 ICE CREAM MANUFACTURERS ICE CREAM PARLORS ICE CREAM WAGON OR TRUCK, Each ~.v..~em an ~ 0 $114.66 ICE MANUFACTURING OR STORAGE INSECTICIDE Manufacturers or dealers INST3I.L~.RS, CARPETS INSURANCE ADJUSTERS INSURANCE AGENCY For each company represented INSURANCE Baggage, each company represented INSURANCE 10 Ordinance No. 54-04 Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each IMPORT, EXPORT (SEE EXPORT) INTERIOR DECORATOR INVALID AND HOSPITAL SUPPLIES JEWiqJ ~RY Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required). JEWELRY REPAIR JEWELRY STORE (SEE MERCHANTS) JUNK SHOPS OR DEALERS License required whether or not sale or purchase or both, or solicitations are made. KENNELS, ANIMAL (Approved location) KEY SHOP, LOCKSMITH AND ASSOCIATED SERVICES (SEE MERCHANTS) KNIFE, SCISSORS AND TOI.I- SHARPENER LANDSCAPE COMPANY LAUNDRY OR DRY CLEANING PLANT Agent for out of town laundries Local agency, permanent office Self Serve LAWN MAINTENANCE LAWN SPRAYING State Board of Health certificate LINEN OR DIAPER SERVICE LOAN, FINANCE, MORTGAGE COMPANY LUMBER DEALERS 11 Ordinance No. 54-04 LUNCH STANDS, not over 25 chairs MACHINE SHOPS (not automobile) MAIL ORDER BUSINESS MAINTENANCE (floor, home, office, building) MANICURIST E h * ~= ~a $68 88 MANUFACTURER MARBLE AND GRANITE WORKS MASSAGE SALON MASSEUR, MASSEUSE, Each ~e w.vv~= ~-~ 568.88 MEATS (SEE BUTCHER SHOP) MERCHANDISE, Secondhand (SEE SECONDHAND DEALERS) MERCHANTS, DRUGGISTS AND STOREKEEPERS MESSENGER SERVICE (Exclusive of telegrams) MIMEOGRAPH AND LETTER SHOP MONUMENTS AND TOMBSTONES MOTION PICTURE THEATERS Giving performances of moving pictt~es or other forms of entertainment MOVERS (SEE STORAGE) MOVING COMPANY MUSICAL DEVICES Operator of mechamcally operated (whether operated in connection with or separate from any other business). License or tag must be d~splayed on each machine. MUSICAL DEVICES, Distributor 12 Ordinance No. 54-04 MUSIC TEACHERS NAILS, ACRYLIC SHOPS (State certificate) NEWSPAPER PUBLISHER NEWS COMPANIES, owners or manager of NEWSSTANDS Owners or managers of, where daily and weekly newspapers or magazines, postcards and the like are sold. NIGHT CLUBS Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests. NOVELTY WORKS (SEE MANUFACTURER) NURSERY Shrubs, trees, plants or landscaping. NURSING HOME (SEE CONVALESCENT HOME) OFFICE MACHINE REPAIRS (SEE REPAIR SHOP) OIL (SEE GASOLINE) PAINT MANUFACTURER (SEE MANUFACTURER) PARCEL DELIVERY Each vehicle e., ~,~,.,,v~ ~n $68.88 PAWNBROKERS PEDDLERS OF MERCHANDISE (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person $ ..... $23.00 (2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person ~ ~...v~ ~n $23.00 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products fro wagon, push cart or other vehicles, 13 Ordinance No. 54-04 shall pay of license tax of, each vehicle (4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out-of-town business houses or enterprises not maintaining place of business in City, providing however, that this provision does not apply to wholesalers dealing exclusively with retailers (5) Traveling stores, dry goods, groceries, clothing, boots and shoes PET SHOP OR GROOMING (SEE DOG AND PET GROOMING) PHOTO PROCESSING, FILM DEVELOPING PHOTOGRAPHERS PIANO TUNERS PICTURE AGENTS PLATING WITH METALS PORTABLE TOIl.~.TS POSTCARD STANDS, onl~ PRINT SHOP OR PUBLISHING PRIVATE POSTAL MAILBOX PRIVATE SCHOOLS (SEE SCHOOLS) PROFESSIONAL (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to take out a professional license: a. Accountants and auditors b. Architects c. Architects, landscaping d. Attorneys and lawyers e. Business consultant f. Chemists g. Chiropractors h. Chiropodists i. Data procesm~g 14 Ordinance No. 54-04 j. Dentist k. Draftsman 1. Engineers, civiL, consulting m. Interior Design n. Opticians o. Optometrists p. Osteopathic physicians q. Physicians r. Psychiatrists s. Research laboratory or office, for profit t. Surgeons u. Tax consultant v. Veterinarians or veterinary w. Other professions not chs~xfied (2) For each person operating with the person licensed in the preceding clause, other than the professional employees. PROPERTY MANAGEMENT PROMOTERS Entertainment, sports or contests PUBLIC I-LAI.I. FOR HIRE PUBLIC STENOGRAPHER PUBLISHING COMPANY Books, directories and the like RADIO COMMUNICATIONS RADIO REPAIR SHOP (SEE REPAIR SHOPS) RAILROAD COMPANIES, Each REAL ESTATE AGENCY OR BROKER RECORDING STUDIO REDUCING SALON RENTAL EQUIPMENT, All types REPAIR SHOPS, Each 15 Ordinance No. 54-04 REPAIR FROM TRUCK OR OTHER VEHICLE RESTAURANTS (If dancing permitted, SEE NIGHT CLUBS) Cafes and pubhc eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels). RETIREMENT, REST HOME (SEE CONVALESCENT HOME) RINKS, bicycle, skating or other ROOF TRUSSES (SEE MANUFACTURER) SA~MIt.t. YARD SCHOOLS SECONDHAND DEALERS (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (SEE DEALERS IN SECONDHAND FIREARMS AND SECONDHAND CLOTHING). (2) All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling them. (3) However, this business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission, which application shall be passed by the Commission and a license tax paid. SECRETARIAL SERVICE SEED STORES, wholesale and retail (SEE MERCHANTS) SHIP BROKERS SHOEMAKER AND REPAIRS SHOOTING GgI.L~-RY SIGN PAINTERS 16 Ordinance No. 54-04 Commercial but not erecting SODA OR MINERAL WATER FOUNTAINS SOLICITOR (SEE PEDDLERS OF MERCHANDISE) SPORTING GOODS (SEE MERCHANTS) STAMP OR OLD COIN DEALERS STORAGE WAREHOUSE OR ROOM TAILORS TANNING SALON TKfTOO SALON TAX AGENCY (SEE PROFESSIONAL) TAXIDERMIST, or agents for In addition to other license TAXIS First vehicle e., nn on $114.66 Each additional vehicle e uA/.n $ 57.33 TELEGRAPH COMPANIES TELEMARKETING TELEPHONE ANSWERING SERVICE TELEPHONE SOLICITATION (See Sections 118.40 through 118.45) TELEPHONE SYSTEMS AND COMPANIES Intrastate business only TEMPORARY BUSINESS LICENSES (1) Business temporarily located inside enclosed shopping mall; 30 days only (no extensions) $ ..... $ 68.88 (2) Special events, no more than once annually (if under three days), as approved by 17 Ordinance No. 54-04 Commission (each license, not otherwise enumerated herein). No Fee (3) Special events, no more than once annually (in excess of three days), as approved by Commission (each license, not otherwise enumerated herein) e r~ <~ $ 68.88 TEMPORARY HOLIDAY/VENDORS ~ e w.vv ~- = <n $ 68.88 THEATRICAL DIRECTORS Who charge for services in directing local talent plays or performances, each performance. TOWEL, DIAPER, UNIFORM SUPPLY COMPANY TOWING SERVICE (SEE AUTOMOBILE) TRADE SCHOOLS TRADING STAMP COMPANIES TRAILER PARK TRAIL, TRUCK RENTAL TRAVEL BURF_~US TREE PRUNER (Must have insurance) TRUCKS Motor driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each. (Does not apply to trucks owned by the dty, county or state). U-DRIVE-IT CARS (SEE AUTOMOBILE) UNDERTAKERS, EMBALMERS AND FUNERAL DIRECTORS UNIFORM SUPPLY (SEE TOWEL, DIAPER, UNIFORM SUPPLY COMPANY) UPHOLSTERER VENDING MACHINE (SEE AUTOMATIC TRADE MACHINES) VENETIAN BLINDS Repair, inst~ll~tion and associated services 18 Ordinance No. 54-04 VALCANIZING Each place of business WATCH REPAIR WATER, sold in bottles ( SEE BOI'ILING WORKS) WATER COMPANIES Persons operating same WATER SOFTENING SERVICE WEIGHT CLINIC WEIGHING MACHINES (SEE AUTOMATIC TRADE MACHINES) WHEELCHAIR RENTAL (SEE INVALID) WINDOW CLEANING WINDOW TINTING WOOD YARD WRECKER SERVICE (SEE AUTOMOBILE) Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent iurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this occupational hcense tax increases enumerated in Section 1, above shall become effective. Section 5. That this ordinance shall become effective mediately upon its passage on second and final reading. PASSED AND ADOPTED in regnlar session on second and final reading on this the 19 Ordinance No. 54-04 day of ,2004. MAYOR ATfEST: City Clerk First Reading Second Reading 20 Ordinance No. 54-04 [ITY OF DELRI:I¥ BEIIgH CITY ATTORNEY'S OFFICE 2°° Nw ,s, A'~,N,~E. DEL,,A'~ ,EAC..,'~O",'~A 334~,4 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 1~3 DATE: September 9, 2004 TO: City Commission David Harden, City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Transfer of Propertyto FDOT The attached resolution, if approved, would allow the transfer of a 2' strip of property adjacent to Atlantic Avenue (new library site) to FDOT. FDOT is requiring this for road right-of-way. This item previously came before you at your May 4, 2004 City Commission meeting, which you approved. However, at that time the closing for the property (transferring the property from the CRA to the City) had not occurred. The closing between the CRA and the City has now occurred. The City is now the owner of the property and is able to approve the transfer of the 2' strip to FDOT. Although this transfer had previously been approved by the Commission, we are requesting that the Commission re-approve this item post-closing. Please place this item on the September 21, 2004 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk Randal Krejcarek, City Engineer Nguyen Tran, Senior Planner Florida Department of Transportation JEB BUSH DISTRICT IV -RIGHT OF WAY PRODCTION JOSE ABREU GOVERNOR 3400 West Coramercial Blvd., Ft. Lauderdale, FL 33309-3421 SECRETARY Telephone: (954) 777-4242 - Fax No.: (954) 777-4261 March 26, 2004 City of Delray Beach South County Courhouse, SW. 2~a Avenue Palm Beach county, Florida SUBJECT: Donation Item Segment No.: N/A Section No.: N/A State Road No.: 806 County: Palm Beach Parcel No.: N/A Dear Property Owner(s) Enclosed, please find the Donation Package. This package includes the following: 4- City Deed Resolution Right of Way Parcel Sketch Please review the enclosed package materials pertaining to the donation. Once the Department is in receipt of the documents, they will be recorded through the Broward County Records Department. If you have any further questions, please contact me at (954) 777-4270. Right of Way Specialist Ce. Agent's File www. dot.state .fl. us t~1 ,ECVCLEO P^PE, Florida Department of Transportation JEB BUSH JOSE ABREU GOVERNOR SECRETARY Donation of Property to the Florida Department of Transportation City of Delray Beach ITEM/SEGMENT NO.: N/A South County Courthouse, MANAGING DISTRICT: 04 SW 2nd Avenue F.A.P. NO.: N/A Palm Beach County, FL STATE ROAD NO.: 806 COUNTY: PALM BEACH PARCEL NO.: N/A INTEREST CONVEYED: Fee Simple This is to advise that the undersigned, as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project, desires to make a volunta~ donation of said property or property interest to the State of Flodda for the use and benefit of the FIodda Department of Transportation, The undersigned hereby acknowledges that he/she has been fully advised by a Department representative of his/her right to have the referenced properly or property interest appraised, to accompany the appraiser during the appraisal inspection of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and costs incurred, if any, Having been fully informed of the above dghts, I hereby waive those rights unless otherwise noted below, Owner's Signature Type or Print Property Owner's Name S~eetAddress City, State, Zip Code Date wvwv. dot. state.fi.us (~ RECYCLED PAPER 03-BSD.05-06/93 This instrument prepared Parcel No. N/A under the direction of: Item/Segment No. N/A Laurice C. Mayes, Esq. Section No. N/A Sketch & Legal description Managing District: 04 Prepared by: S.R. No. 806 Avirom & Associates, Inc. County: Palm Beach Document prepared by: Denise M. Alexander (3-17-04) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 C I TY DEED THIS DEED, made this day of , 200__ by the CITY OF DELRAY BEACH, a municipality of the State of Florida, whose address is: South County Courthouse, S.W. 2nd Avenue, Palm Beach County, Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations). WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Palm Beach County, Florida, viz: (See attached Exhibit WA" sketch & legal description) TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. IN WITNESS ~HEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: CITY OF DELRAY BEACH Print Name: Its City Clerk By: Print Name: Its Mayor STATE OF FLORIDA CODI~TY OF PD~LM BEACH The foregoing instrument was acknowledged before me this day of , 200 , by Mayor, who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Coramission Expires: Serial No., if any: BSD.06-10/91 This instrument prepared Parcel No. N/A under the direction of: Item/Segment No. N/A Laurice C. Mayes, Esq. Section No. N/A Sketch & Legal description Managing District: 04 Prepared by: S.R. No. 806 Avirom & Associates, Inc. County: Palm Beach Document prepared by: Denise M. Alexander (3-17-04) Department of Transportation 3400 W. Co~ercial Boulevard Ft. Lauderdale, Florida 33309 RESOLUTION ON MOTION of City Commissioner seconded by City Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or iraprove State Road No. 80--6, in Palm Beach County, Florida: and WHEREAS, it is necessary that certain lands now owned by the City of Delray Beach, Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said property is not needed for City purposes: and WHERE~9, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said City has in and to said lands required for transportation purposes and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Delray Beach, Florida, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for City purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of the City of Delray Beach, Florida, in and to said lands should be drawn and executed by this Board of City Commissioners. Consideration shall be $ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA CITY OF DELRAy BEAC~ I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the City of Delray Beach, Florida, at a meeting held on the day of , 200 Print Name: Clerk, Board of City Commissioners City of Delray Beach, Florida IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: CITY OF DELRAY BEACH Print Name: Its City Clerk By: Print Name: Its Mayor STATE OF FLORIDA COUNTy OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 200 , by Mayor, who is personally known to me or who has produced as i~entification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: ' SKETCH & DESCRIPTION FOR:. I RIGHT-OF-WAY DEDICATION EXHIBIT 'A' THIS IS NOT A I LAND DESCRIPTION: BOUNDARY SURVEY I A portion of Lois 1 through 4, Block 53, MAP OF THE TOWN OF LINTON (now known os the City of Delroy Beoch), occording to the mop or plot thereof os recorded in Plot Book 1, Poge 3 of the Public Records of Polm Beoch County, Florido ond lying in Section 17, Township 46 South, Ronge 4~5 Eost, described os follows: COMMENCE of the southwest corner of sold Lot 1, Block 55; thence NOO°OO'4?"E, olong the west tine of sold Lot, 92.41 feet fo the POINT OF BEGINNING; thence continue o)ong sold west line, NOO°OO'4?"W, 2.00 feet to o point of curvature of o curve concove to the soufheost; thence norfheosterly olong the orc of soid curve, hoving o radius of 25.00 feei ond o centro) ongme of 90"49'43'', o disionce of 39.~ feet ~o ihe soufh line of fhe north 20.00 reef of sold Loi 1; thence S89~09'30"E, olong sold south line of fhe north 20.00 feei of Lois 1 through 4 of sold Block 53, o disfonce of 23~.92 reef ~o ~ point of curvoture of o curve concove fo the southwest; ihence southeosierly olong the orc of sold curve, hoving o rodius of 25.00 feet ond o cenfrol ongle of 89~08'03'', o disfonce of ~8.89 feet ~o the eosf line of sold Lot 4, Block 5~; ihence S00"01'27"E, olong sold eost line, 1.92 feet; thence S89~58'3~"W, olong o rodiol line, 5.00 feet to o point on o non-fongenf curve, concove to the southwest; thence norfhwesier)y olong the orc of soid curve, hoving o rodius of 25.00 feet ond o cenfrol ongle of 89"08'03'', o disionce of 38.89 feei; ihence N89~Og'30"W, 231.92 feet ~o o point of curvofure of o curve concove to )he southeosi; thence southwesterly olong the otc of sold curve, hoving o rodius of 25.00 feet ond o centrol ongle of 90~49'43", o disfonce of 39.6~ feef to )he POINT OF BEGINNING. Soid Ionds sifuote in the City of Delroy Beoch, Po)m Beoch County, Florido ond confoining 965 squore feet, more or less. NOTES: 1. Reproductions of this Sketch ore not vo)id wiihouf ihe signofure ond the originol roised seol of o Florido licensed surveyor ond mopper. 2. No Title Opinion or Absirocf ~o ihe subject properfy hos been provided. It is possible fhot there ore Deeds, Eosemenis, or other instrumenis (recorded or unrecorded) which moy offect ihe subject property. No seorch of the Public Records hos been mode by the Surveyor. 3. The Iond description shown hereon wos prepored by the Surveyor. 4. Beorings shown hereon ore ossumed bosed on the west tine of Lot 1, Block 53, hoving o beoring of NOO"OO'47"W. 5. Doto shown hereon wos compiled from instrument(s) of record ond does not consfilute o boundory survey. 6. Abbreviofion Legend: C.B. = Chord Beoring; ~ = Cenirol Angle; F.D.O.T.: Florido Deportment of Tronsportofion; L = Arc Lengih; L.B. = Licensed Business; P.B.: Plot Book; P.B.C.R. :Polm Beoch County Records; PG.: Poge; P.L.S. = Prolessionol Lond Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of Commencemeni; R = Rodius. R/W = Righf-of-Woy. CERTIFICATION: I HEREBY CERTIFY fhof the otfoched Sketch ond Description of fhe hereon described properfy is true ond correct ~o the best of my knowledge ond belief os prepored under my direction. I FURTHER CERTIFY fhof this Skeich ond Description meets the Minimum Technico) Sfondords set forth in Chopier 61G17-6, Florido Administrofive Code, pursuoni . Date: __~ ___~__ __~__ ~C~]~-~tR~] Florida Registration No. ~268 AVIROM ~ ASSOCIATES, INC. L.B. No. 3300 ~VISI~ ~ AVIROM ~ A~SOOIATES, INC. ~B NO. 7313-1 REVISED ~/24/04 (~K) ~ SURVEYING ~ MAPPING SCALE: NONE REVISED 3/3/04 (MMK) ~0 ~.W. 2ND AVeNUe. SUITE 102 DATE: 10/~0/0~ BOCA RATON, FLORIDA 8848~ TEL (~1) 3e2-2~e4. FAX (~81) 8e4-712~ DRAWN BY: M.M.K. ~oo~ ~ · A~IXTE~ ~. ~ R[~S ~VED. SHEET: I OF: 2 *" ' '~ SKETCH &: DESCRIPTION FOR: RIGHT-OF-WAY DEDICATION I EXHIBIT'A' THIS IS NOT A $.W. 2r~d A VENUE BOUNDARY SURVEY (BEARING BASE) P 0 B,~ NO0°O0'47"W I ...... '"' "-~"~ 92'41; ' \F2.00' ,I ............. L=39.63 P.O.C. I ! OF LOT 1 m-~%00' / \\ ~, ~=90 49'43" ,_,.,_u. ,,-,..7, ..-~ ~....-- ~ ,,~, ,,,.,,5o35,39,,E S.W. CORNr_r~ A=90°49 43 ~ ~ ~ ~.o.=,,,", SECTarY ~7. ,OT ! / LOT 1 ~ I .4 I z A ~ LOT2 ~1~ ~ BLOCK 53 I~ ~' MAP OF THE TOWN OF LINTON ~ ~ ~- ~ o~ SOUTH LINE OF THE NORTH 20' OF LOTS t THROUGH 4-------- 53' I ~ (EXISTING R/W LINE) · '1 LOT 3 II, 2o',1. 33' o° ?' R/W DEDTCATION ~-~gl I C.B. --S44'55'29"E~ ~o ATLANTIC LOT 4 R=25.00'__ CO SW 1 STREET C.B. =N44°35'29"w co~,~o~,~s EAST LINE OF LOT 4 --X~ S89'58'35"W ___~ SO0°O 1' 27"E_/ $, W, ;CRt A VENUE 1.92' LOCATION SKETC~H REVISIONS ~ AVIROM &ASSOCIATES, INC. JOB NO, 7313-1 REVISED 2/24/04 (MMK) ~ SURVEYING A MAPPING SCALE: 1" = 40' 60 8,W, END AVENUE, SUITE 103 DATE: 10/20/03 BOCA RATON, FLORIDA 88483 TEL, (/~61)392-E884, FAX (681) 384-7128 )RAWN BY: M.M.K. ©~oo~ ^WO~a^SSOC~T~S.~ALLRZ~TSRESaW~. SHEET: 2 OF: 2 Planning and Zoning Dept./Site Plan and Appemance Board Re: Meeting Tuesday September 21, 2004 Palms of Delmy, Tract B Raymond Schamis 2590 Albatross Rd N. Unit D. Delray Beach FL, 33444 ~ Board, Since I will be unable to attend the meeting I am sending you my comments in writing to be considered. I'll keep it brief with just the facts. Tract A is the Palms of Delray Homeowners Association. Tract B is a rental community, who uses the name. Each community has 8 building with 4 units in each with identical structures. All the building in the Palms of De[ray, whether the rental community or the homeowners association are identical in structure except the pool clubhouse. The land in question for the 10 unit building was originally designated for a recreational area~ This building, which I am told will look nothing like any of the other units in either Tract A or B, will literally overshadow our community pool, restricting our enjoyment of a recreational area that has bcc. n there for over 20 years. Original community documents on file when I purchased my property, which is the closest unit to the new proposed building, state the land is to be a "tennis court". The impact of 14 new units overall will add upwards of 50 more people misusing our community pool, letting there dogs crap in our grass, and parking in our community lots thus creating even more expense and problems for Palms of Delray Homeowners Association (Tract A). It has be, Ch a constant battle for years u3dng to keep Tract B renters from abusing our COITIITIOn areas. I f~el your decision is more of less a starting point in a legal battle. Tract B is will fight for his right to build on what he considers private property in order to increase his investment, and I will fight to keep my homestead from being overnm by a rental community. Thank you Raymond Schamis, Palms of Delray Homeowner 2590 D September 21, 2004 City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 To Whom It May Concern This letter is written to inform the city council of my opinion, as a unit owner of The Palms of Delray, as to the building of additional units on Tract B at The Palms of Delray. In residing at The Palms of Delray for the last five years, I have come to the conclusion that the construction of additional condominium units by Mr. Michael should not be halted if these units are built by the Board's specifications and all legalities are met. Statements voiced by Mr. Peter Scott, and previous counsel that all unit owners here are in favor of this appeal's process and the halting of construction are not accurate. This appeal does not have the consent by all of the unit owners residing on Tract A. Sincerely Dianna BeDilion